USER AGREEMENT
User Agreement, Terms and Conditions of Use
THANK YOU FOR CHOOSING PLATANO-E.COM
- contractual relationship
These terms and any additional terms incorporated by reference herein (collectively, the "Terms") govern your use of our various products and services (collectively, our "Services"). They are provided by PLATANO-E TENERIFE SLU operating under the brand name Platano-e.com. By using our Services (including, but not limited to, using our app, vehicles, e-commerce store, or creating a user account, for example), you agree to these Terms, including the fact that you are of legal age. to enter into binding contracts, so please read them carefully. You also agree that you have the authority to agree to these Terms, either personally, on behalf of your passengers or guests, or on behalf of an entity that you have included in your user account registration.
You have agreed to comply with these Terms as a condition of using our Services. We may modify these Terms from time to time, and the revised version will be effective when it is posted on our website or otherwise made available to you. New versions supersede any previous version. Although we will notify you in advance of any material revisions, we encourage you to periodically review these Terms because your continued use of our Services after any changes are made constitutes your acceptance of those changes. These Terms also expressly supersede any prior agreement or arrangement we may have with you. Of course, you can stop using our Services at any time, and we may terminate these Terms or your use of any Service, or generally stop offering or deny access to any part of the Services, at any time and for any reason. reason at our sole discretion.
IMPORTANT NOTE ON DISPUTES: Please carefully review the dispute provision in section 18, which requires you to resolve any dispute with us individually through final and binding mediation. Your acceptance of these terms indicates that you expressly acknowledge and agree that you have read and understand how the mediation provision works.
two. assumption of risk; Waiver and Release of Claims
PLEASE READ THIS SECTION CAREFULLY: This section contains a legal release of your rights, including: Assumption of Risk and Waiver and Release of Liability against Platano-e.com and Released Parties (as defined in Section 9). Released Parties may assert such releases as a complete and sufficient defense to any claim, as third-party intended beneficiaries of such releases. You are free to decline our services/products if you do not wish to accept the terms set forth in this document.
In consideration of your use of our services/products, you, or the person or entity on whose behalf you entered these terms, or your legal guardian (if he/she registered and consented to their use if you are under age) agrees to the following:
a. YOU ASSUME ALL RISK: You acknowledge that (a) there are risks associated with the use of our Services/Products (as defined in Section 3), (b) the Products will be used by others both before and after your use of such Products, (c) the Products may be damaged or may be in poor condition due to regular use, wear and tear, negligence of Platano-e.com or other users due to vandalism or other causes, and Platano-e.com is often not notified of such damage or deterioration immediately; (d) although Platano-e.com endeavors to keep the Products in good condition, the Products you use may be damaged or in need of repair of which Platano-e.com is not aware; (e) your use of the Products may result in injury or illness including, but not limited to, bodily injury, illness, strain, fracture, partial or total paralysis, other ailments likely to cause serious disability, mental or physical anguish or death; these risks and dangers may be caused by the negligence or omission of Platano-e.com, the negligence of others, including other pedestrians or motorists, or may arise from the repair, maintenance or operation of the Products, weather conditions at the time of its use, road conditions, or other causes, including for any other additional foreseeable or unforeseeable cause. By using our Services, you, on behalf of yourself, your personal representatives and your heirs, hereby expressly agree to assume all risks and accept all liability for any accident, personal injury, property damage, death or disability that you may suffer. as a result of the use of the services / products for such injuries, losses and / or damages, including those caused solely or in part by the negligence or omission of Platano-e.com and the Released Parties.
b. WAIVER AND RELEASE OF CLAIMS: You, on behalf of yourself, your personal representatives and your heirs, hereby expressly agree to waive and release all released parties from any and all claims (including contractual, tort (including negligence ), legal and/or any other reason), including, without limitation, claims related to any accident, personal injury, property damage, death or disability that you may suffer as a result of the use of our services or products, including those caused solely or in part due to the negligence or omission of any of the Released Parties. The WAIVER AND RELEASE includes any claim for injury or illness, including but not limited to bodily injury, illness, strain, fracture, partial or total paralysis, other ailments likely to cause serious disability, mental or physical anguish, or death; these risks and dangers may be caused by the negligence or omission of Platano-e.com, the negligence of others, including other pedestrians or motorists, or may arise from the repair, maintenance or operation of our Services or Products, weather conditions in the time of use, road conditions or other causes, including other additional foreseeable or unforeseeable causes.
Where permitted by law, the Released Parties shall not be liable for any loss of profits, revenue, data, economic loss, or indirect, special, consequential, exemplary, or punitive damages. In all cases, the released parties will not be liable for any loss or damage that is not reasonably foreseeable.
You volunteer to use our Services and Products with full knowledge of all RISKS and agree to the ASSUMPTION OF RISK AND WAIVER AND RELEASE OF CLAIMS; YOU DO NOT HAVE TO USE OUR PRODUCTS OR SERVICES. If you have any questions about the terms of the Assumption of Risk or Waiver and Release of Claims, you can contact Platano-e.com at: 34 603 83 21 90 or visit https://www.platano-e.com/ .
It is your responsibility to use our Services and Products safely. You are responsible for any damage you cause to other people, including your passenger, animals and/or any property. (See Section 10 Compensation).
3. What Platano-e.com Offers.
Platano-e.com was founded on the simple idea that every community deserves access to smart, affordable and sustainable mobility. Our Services help make this idea a reality. In these Terms, we often refer to our services as a “Product” or “Products”. Our services also include our mobile application (the “App”), all other related equipment, maintenance, charging, staff, our websites, social media assets, and any other information, technology, and services provided or made available to you by us. discretion. Our Application may also be used with certain user-owned vehicles to provide additional functionality (such as allowing you to locate, lock, and unlock the vehicle) and to enable us to provide the Services to you. Our Services may include additional terms or product requirements, which we will make available to you with the relevant Services and will become part of your agreement with us when you use them. Please note that we are not a common carrier, we offer our Services as a convenience to those who are able and qualified to operate them, and alternative means of public and private transportation are available to you and the general public.
Four. Your Platano-e.com User Account.
a. Account settings.
To use most aspects of the Services, you must register for and maintain an active personal user account, which requires a valid debit or credit card and other requested information. What you provide to us must be true, accurate, complete and updated as necessary to remain accurate. If applicable, create a strong username and password and do not share it with anyone: your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Please let us know immediately if you suspect any unauthorized use of your account. We have the right to provide information about you or your various account details (such as billing, account, content or usage records and related information) if required to do so by law (which may include mandatory data sharing with governments), and to protect our rights, customers. or business.
b. A Note on Fraud.
We take it seriously, both for your protection and for ours. You may only use a payment method that you have the legal right to use and you authorize us to charge any payment method you designate for any charges you incur. If we suspect that the information you have provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account until the problem is resolved. During that time, you will lose access to some or all of our Services, either temporarily or permanently.
5. Use of the App and our Services.
Once your account is successfully set up, you may use the Application to locate, reserve and/or access our available Products.
a.
Bookings.
Please understand that, for supply and related reasons, we reserve the right to accept or reject your reservation requests, and that receipt of our confirmation does not necessarily equate to acceptance or constitute confirmation of our offer to have the Services are available in a particular case. If your reservation through the app is rejected after your request, you will receive a corresponding refund assuming that your payment method was charged in the first place. If the price in the app turns out to be incorrect for any reason, we reserve the right to cancel or decline a corresponding reservation and issue a corresponding refund to you.
b.
Rules for using our Products.
I. You agree to comply with the Driving Rules applicable to each Platano-e.com Product you use. Platano-e.com may amend each set of Driving Rules at its sole discretion and revised Driving Rules will be posted on the Website or App. Your continued use of the Product after we make any changes to the Product Use Rules constitutes your acceptance of those changes. Each set of Usage Rules is expressly incorporated by reference into these Terms. You can find the Scooter Riding Rules here.
c. Group Travel. The Services may allow you to initiate a "Group Tour" and have your guests access the Products. To use this feature, you are responsible for ensuring that each of your invitees personally reads and agrees to be bound by the Terms and reads our Privacy Notice. You are fully responsible for (1) ensuring that all of your guests are at least 18 years old (or other legal age of majority), (2) any damage or injury that occurs during the group tour that is caused by you or your guests, (3) allow only one guest per vehicle, (4) pay all fees that occur in connection with your group travel, and (5) you are legally responsible for all activities of your guests.
6. Be safe when using our Products!
We want a safe experience for you and those around you in your community, and that means we have some rules.
Other than simply exercising caution and good judgment, you should not carry any items (such as a briefcase or bag) or use any device (such as a mobile phone or other portable device) if they may affect or interfere with safe use (no texting while using our Services, for example). There won't always be a designated place for you to drive, such as a bike or scooter lane, so please be careful when driving in areas with cars and other traffic (we are not responsible for the actions of drivers, pedestrians, or other third parties). Unless we expressly allow you to do so (for example, in a separate set of terms and conditions), you must not tamper with, charge, remove and/or otherwise alter batteries (whether removable or not) in any Platano-e vehicle. .com. You are prohibited from using our Services while under the influence of alcohol, drugs, or other substances that may affect your ability to safely use our Services. Do not bring other people or animals while using our Services. Don't leave a Product in a way or location that we can't access (if everyone did that, there would be no Products to use). We may charge you up to €1,000 if we are unable to recover any Products due to your actions.
You are also not permitted to use our Services to engage in activities beyond the intended use of a particular Product. Some of these are obvious, but for example, no racing, stunts or tricks, going up or down stairs, and not taking a Product out of the area or going through large amounts of water. All of these uses may damage our Products or cause serious injury or death to you or someone else. You may not use our Services for rental, reward, or any other commercial use (such as advertising, ride sharing, or food delivery). Do not tamper with, vandalize, or attempt to gain unauthorized access to our Services. And of course, please do not use our Services in connection with the violation of any law.
7. Treat our Products as if they were Yours!
a.
Proper use.
If all customers treat our Products with respect, more of them will be available to use and in better condition. Unfortunately, our products are not indestructible, so please take good care of them when they are in your hands. They have weight limitations, which you can find in the Rules of Use for that Product. You may not use any Product to tow or haul a trailer, vehicle or other object. We expect you to use the Products safely.
If you leave personal belongings in our Products or on our premises (and we find them), we will retain them for 90 days, unless longer is required by law.
b.
Damage.
We expect that, normal wear and tear aside, you will return (ie close and/or deactivate) a Product in the same condition in which you received it. If you damage it (accidentally or intentionally), or fail to return it properly and damage occurs, you will be responsible for the associated costs. The same charges will apply to any Product not returned, which we believe to be lost or stolen and, depending on the circumstances, we may need to file a police report against you. We also reserve the right to take any action against you that is permitted by law, including liability for the value of the Product.
c.
Product Collection.
If you are unable to return a Product to a valid area (for example, you must leave it on private property, in a gated community or in an inaccessible area) and you request that we collect that Product, we may charge you a collection fee of up to €500. If you simply leave a Product where it is not meant to be, you will be responsible for all associated fees until it is recovered, plus a service charge of up to €500. We may charge these amounts in our sole discretion to any payment method on your account and without notice to you.
d.
Accidents or Damage to Products.
You must report any accident, crash, damage, personal injury, or lost or stolen Product to us within two (2) hours of the accident or incident, or, if you are injured, as soon as reasonably possible after the accident. or incident. If an incident involves personal injury, property damage, or a stolen Product, you must also file a report with your local police department within 24 hours of the incident (or, if you are injured, as soon as reasonably possible). after the incident).
8. Financial Terms.
a.
Prices and Payments.
You can use our Services per trip. Before starting a trip, you will see the applicable rates (for example, rental rate and rate per minute). To calculate fees incurred, travel times will be rounded to the nearest minute.
Please note that we may change the prices for our Services at any time we deem necessary or appropriate for our business. Our prices do not include taxes (such as sales and value added) and other applicable government charges.
We may place a temporary hold on your debit/credit card account before a trip begins to verify that your payment information is still valid and/or to verify that your debit/credit card has the necessary funds to cover fees. incurred for that trip. The prior authorization is not a charge to your account, it is a hold on those funds. Prior authorizations may reduce your available balance by the amount of the authorization until released or reconciled with the actual charge. You should contact your bank or card issuer if you have questions about when a preauthorization amount will be removed from your statement.
Fees and charges will be charged to a payment method on your account. We will automatically collect and withhold applicable taxes as required by law. All payments to us are made through a third party payment processor.
If your payment method expires and you do not update your information or cancel your account, you authorize us to continue billing and you will remain responsible for any uncollected amounts. We reserve the right to retry to bill all payment methods on file after any unsuccessful billing attempt. You will remain responsible for all such amounts and all costs incurred in connection with the collection of these amounts, including, but not limited to, bank overdraft fees, collection agency fees, reasonable attorney fees, and costs of mediation or court.
If you disagree with any charge we have made to your account, you must tell us within 10 business days after the end of the month in which the disputed charge occurred. To resolve any disputed charges, we will need certain trip information, including the date and approximate start and end times of your trip. As a policy, except to the extent required by applicable law, we do not offer refunds for your use of our Services, and any exceptions to this policy are at our sole discretion.
b. Reference and/or Promotional Codes.
At various times, we may provide referral and/or promotional codes for discounted travel or other features on our Services, which may be subject to additional terms that we make available to you. Please understand that these are one-time offers, can only be redeemed through the app (unless otherwise stated in the promotion terms), and may be modified or canceled at any time. Unless we state otherwise in the specific terms of the promotion, they cannot be combined with other offers, are not valid for cash, will expire according to their terms and are not transferable or resaleable.
c.
Subscriptions; Free Travel; Limited discounts.
We may offer our Services under different payment options, including, but not limited to, free trials, subscriptions, limited-time offers, or other options. Free trials may be converted to paid subscriptions in accordance with the terms of the offer. Terms will be set forth in each offering for such Services. Please read the offer terms carefully before accepting them.
d.
Fines and penalties.
We may, in our sole discretion, assess fines, fees or penalties and/or take other action for your violation of these Terms. For example, you may incur penalties or fines if you leave a Product outside of the service area, use a Product in a prohibited area, leave a Product unlocked, or cause damage or loss to a Product. In some locations, we are required by the municipality to impose fines for improper use of our Products, including, but not limited to, improper parking or reckless driving behavior.
In addition, when you use our Services, you must comply with the laws that apply to you. If you receive a ticket or penalty (for example, for violation of parking or traffic rules and regulations), have a Product towed and/or impounded, or receive any other penalty or cost, you will be responsible for the associated costs. We cooperate with all government officials in enforcing applicable laws and, for convenience, we may pay amounts owed by you on your behalf and provide any necessary information requested or required by applicable government agencies. If we do, you must return the money to us. If we were to use third party collection or administrative agents to resolve or attempt to resolve the problem, you are also responsible for paying us an administrative fee of up to €100. By agreeing to these Terms, you agree that we may pay the amounts directly and collect these amounts (including the administration fee) to any payment method indicated in your account, and we may need to contact you for additional information.
9. Warranty Disclaimer.
We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise about our Services.
We provide our services on an "as is" and "as available" basis. Other than as expressly set forth in these Terms, the Released Parties (which we define in the next paragraph) make no specific promises about any Service, whether about the specific features of such Services, their reliability, quality, availability, or ability to meet your specific needs or not, or that they will be uninterrupted or without errors. To the extent permitted by law, we and our released parties exclude all warranties, whether express or implied.
When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors , vendors and third parties with whom we authorize or partner with to distribute, market or market the Services, (ii) municipalities and public entities (including all of their respective officers, officials, employees and elected and appointed agents) who authorize us to operate any of the Services, (iii) property owners and tenants (including all of their respective officers, officials, employees, and elected and appointed agents) who authorize us to operate any of the Services on their premises, and (iv) to the extent you access the Services through a third party application, website, content, product or service, that t Third Party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
If you use any of our products in a way that is prohibited by these terms, the product will be subject to immediate recall by us without notice; and you will be responsible for any loss or damage to or related to the product, including our expenses, to the extent such loss or damage is due to such prohibited use.
The provisions of this Section 9 apply to the maximum extent permitted by law.
10. Compensation.
To the maximum extent permitted by law, you, your heirs or successors AGREE TO DEFEND AND INDEMNIFY AND LIMIT THE RELEASED PARTIES from any and all claims, actions, damages, penalties, fines, demands, losses, liabilities, costs and expenses, injuries, or payments for injuries to any person or property caused or alleged to be caused by the Released Parties' active or passive negligence, arising out of or in connection with (i) your use of the Services and/or Products (including payment fines and other penalties in Section 8 above), (ii) your breach or violation of any of these Terms or any law, (iii) any of the Released Parties' uses of your content discussed in Section 14, or (iv) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defense of any claim or demand, and you agree not to settle any of the foregoing, without the prior written consent of the applicable Released Parties. You agree that the obligations of this Section 10 will survive the termination of these Terms, your user account, or your access to our Services generally.
eleven. Your Personal Information.
Our collection and use of personal information in connection with the Services is set forth in our Privacy Notice located at http://banana-e.com/.
12. Text Messages and Phone Calls.
Unless you opt out, you agree that we may contact you by phone, SMS or text message (including through the use of an automated telephone dialing system) at the phone numbers you have provided to us, including for marketing purposes. . You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You can opt out of receiving phone calls, SMS or text messages from us at any time by contacting us at the phone number 34 603 83 21 90 or via email info@platano-e.com.
13. Intellectual property.
a. Our Limited License for You. Subject to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Application and our related software and services on your personal device solely for your use of our Services. Such rights are for your personal, non-commercial use only. All rights not expressly granted herein are reserved by us and our licensors. You may not copy, modify, distribute, sell or lease any part of our Services or the included software, nor may you reverse engineer or attempt to extract the source code of the Services or the software, unless prohibited by law. have our written permission to do so. Do not do anything that places an unreasonably large load on the infrastructure of our Services, uses robots, spiders, scrapers, or other automated means to access our Services, attempts to interfere with the proper working of our Service, or attempts to circumvent any of our Security Measures. to access the Services.
b.
Property.
The Services are our exclusive property and your use of them does not transfer any ownership rights to you. Your use of our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and, except for the limited license granted to you above, all rights (including all intellectual property) belong to us. belong to us or our licensors. You may not use content on our Services without our express prior permission or as permitted by law. These Terms do not grant you the right to use any trademark, brand or logo used on our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way. Do not hide or modify any legal notices displayed along with or in connection with our Services.
c. Digital Copyright Law and Copyright Infringement Claims. Claims of copyright infringement should be submitted to our Designated Agent. Visit us at www.platano-e.com for more information.
14. Content Provided by You
On occasion, you may be invited to submit content to us (such as a comment on a blog post, to participate in our communities, or to provide suggestions for users). You retain ownership of this content, but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you grant us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute it, as well as your name, voice, and/or likeness if you also submit it (such as taking a selfie when using a Product). This license continues even if you stop using our Services. If you submit comments, suggestions, or other information about our Services, we may use them without any obligation to you. Any content you submit is considered non-confidential.
Do not submit any content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for "spam" or unsolicited advertising. We have the right, but not the obligation, to review, monitor, or remove your content at any time and for any reason without notice.
fifteen. Third Party Services and Content
The Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We do not endorse these third party services and content and are not responsible for any of their products or services. In addition, Apple Inc., Google, Inc., Microsoft Corporation, and/or BlackBerry Limited will be third-party beneficiaries of these Terms if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices. devices, respectively. These third party beneficiaries are not parties to these Terms and are not responsible for providing or supporting the Services in any way. Your access to the Services through these apps or devices is subject to the terms set forth in their respective terms of service and privacy policies.
16. Devices and Network Access
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's messaging and data rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating any compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any part thereof, will function on any particular hardware or device. In addition, the Services may be subject to failures and delays inherent in the use of the Internet and electronic communications.
17. General disposition
These Terms will be governed by and construed in accordance with the laws of Spain without regard to its conflicts of law provisions. You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets, stock or business, or to a successor by merger. Any assignment alleged in violation of this paragraph is void. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remaining provisions will be enforced to the fullest extent possible under law. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by us, and is not a waiver of our right to do so later. This provision shall not affect the Severability and Survivability of the Mediation Agreement section of these Terms. Force majeure events may prevent us from providing the Services. Please note that when we say "include" or "contain" throughout these Terms, we actually mean "include, but not limited to," but we do so for ease of reading. Provisions that by their nature are intended to survive termination of these Terms or your use of the Services shall survive.
18. Mutual Mediation Provision
Before filing a formal legal case, please first try to contact our customer service. Most disputes can be resolved that way.
a. We each mutually agree to resolve any justiciable dispute between us exclusively through final and binding mediation rather than suing in court. This mediation will apply to any and all claims arising out of or related to your access to or use of the Services, any communications, advertising or marketing by or with respect to us or the Services, any products or services sold or distributed through the Services you received as a consumer of our Services, any aspect of your relationship or transactions with us, any of our actual or perceived intellectual property rights, and all other aspects of your relationship with us, past, present or future , whether arising under state or local law. and/or the law (collectively, the "Dispute").
b. This Mutual Mediation Provision shall survive termination of the Services and
/ or your relationship with us.
c. This Mutual Mediation Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Mediation Provision. This Section 18 may only be changed by mutual written agreement. If any part of this Mutual Mediation Provision is found to be unenforceable, the remainder of this Mutual Mediation Provision will be enforceable.
d. Small Claims are excluded from the mutual mediation process: Notwithstanding the foregoing, you or Platano-e.com may bring a Dispute in the small claims court of competent jurisdiction. Platano-e.com reserves the right to deny your request for arbitration for any dispute that may be resolved in small claims court.
Date: March 24, 2022
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