General Terms and Conditions for Private Use

The General Terms and Conditions (‘Conditions of Use’) apply to your visit to and use of our websites www.Mobilock.nl and www.ConnectBike.com (hereinafter the ‘Website(s)’), the Service, and the Application (as described below), as well as any information, recommendations, and/or services provided to you on or through the Website, the Service, and the Application. Please read these Conditions of Use carefully before downloading or installing our application on your smartphone.

Mobilock BV t/a ‘Mobilock’ and ‘ConnectBike’

Your contract partner is MobiLock BV, private limited liability company under Dutch law, with its registered office in the Netherlands and place of business at Amsterdamsestraatweg 57, 3744 MA Baarn, registered with the Chamber of Commerce under number 61331945 (‘Mobilock BV’). ConnectBike is a registered trademark of Mobilock BV.

What services does Mobilock provide?

Mobilock offers software, hardware and information to use bicycles offered by a third party, the owner of the bikes (hereinafter the ‘Owner of the bikes’). This bicycle use can be reserved by using an application supplied by Mobilock which you have downloaded and installed on your mobile phone (smartphone) (the ‘Application’). All services Mobilock provides to you through the use of this Application are hereinafter referred to as the ‘Service’. Mobilock is responsible for the sale of the products and services offered through the Mobilock app.

How does a contract with Mobilock come about?

By using the Application or the Service, you are entering into a contract with MobiLock BV. (the ‘Contract’). In order to use the Application or the Service, you must first register with Mobilock. When registering, you are obliged to provide Mobilock with your personal information, mobile phone number and, in a number of situations, your bank account number. After you have successfully registered with Mobilock, Mobilock will provide you with a personal account, which you can access with a password of your own.

You must be 18 years of age or older to use the Service or Application. If you reside in a jurisdiction that restricts your use of the Service or the Application on account of age, or restricts your ability to enter into contracts on account of age, you must comply with local applicable age limits and may not use the Service or the Application. If you are a natural person, you declare that you are of legal age, which means that you can enter into a binding contract with MobiLock BV. If you register on behalf of a legal entity, you must be registered with the Chamber of Commerce as the authorised representative of this legal entity. You also declare that you are authorised to enter into an contract with MobiLock BV so that the legal entity that you represent is bound by this contract.

How does the Service and Application work?

The Application allows you to book and use one or more bikes. The GPS receiver – which your mobile phone (smartphone) must have – records your location. The Application will then provide you with an overview of the bikes in your vicinity. If there are available bikes in your vicinity or at your desired location, you can reserve the use of one or more bikes. The Application will provide you with directions to the pick-up point you have selected. Subject to the availability of bikes at your location, or near your location at the time of your request for bicycle use, Mobilock will use reasonable efforts to provide you with a complete overview to enable you to select one or more bikes.

Your use of the Application and the Service

You warrant that the information you provide to Mobilock is accurate and complete. Mobilock is entitled at any time to check the information you have provided and to refuse the Service or use of the Application without giving any reason. You may only access the Service using approved means. It is your responsibility to check and ensure that you have downloaded the correct Application for your device. Mobilock will not be liable if you do not have a compatible mobile device or if you have installed the wrong version of the Application for your mobile device. If you use the Service or Application with an incompatible or unapproved device, Mobilock reserves the right to terminate the Service or Application.

By using the Application or the Service, you further agree that:

  • You will use or download the Service or Application only for your own personal use and will not supply it to any third party, whether in return for payment or not;
  • You will not allow others to use your account;
  • You will not give or transfer your account to any other person or legal entity;
  • Without proper authorisation, you will not use an account that is subject to the rights of a person other than yourself;
  • You will not use the Service or Application for any unlawful purpose;
  • You will not use the Service or Application to cause any nuisance, burden or inconvenience;
  • You will not compromise the proper functioning of the network;
  • You will not attempt in any way to damage the Service or the Application;
  • You will not copy or distribute the Application and or the content of the Application without Mobilock’s written consent;
  • You will keep your account password secure and confidential;
  • You will provide us with any proof of identity that we may reasonably require of you;
  • You will only use an access point or 3G/4G data account that you are authorised to use;
  • You will not use the Service or Application with an incompatible or unapproved device;
  • You will comply with the applicable laws of your home country, country, state and/or location in which you are located while using the Application or Service.

Mobilock reserves the right to immediately terminate the Service and use of the Application if you fail to comply with any of the above.

Payment

There are costs associated with using the hardware, the Application, and the Service. These costs are specified in the contract concluded with you. Mobilock reserves the right to increase the fee for the use of the hardware, the Application and/or the Service. If Mobilock decides to make such an increase, it will inform you accordingly and allow you to continue or terminate the Contract.

Any applicable rates for bicycle use can be found on the Website and through the Application. These may be changed or updated by Mobilock from time to time. It is your own responsibility to keep up to date with the current rates for bicycle use.

On behalf of the Owner of the bikes, Mobilock will charge you for any costs incurred in using the bicycles. You agree to pay any costs arising from the bicycle use. Prior to this bicycle use, Mobilock will charge you for any usage costs you may incur. You are at all times responsible for the timely payment of all costs. Payments made shall not be eligible for refunds.

Mobilock uses an external payment processor (the ‘Payment Processor’) to link your payment account to the Application and the Service. The processing of payments or credits, if any, in connection with your use of the Application and the Service are in addition to these Conditions of Use subject to the terms, conditions and privacy policy of the Payment Processor and your bank. Mobilock is not responsible for any errors on the part of the Payment Processor. In connection with your use of the Services, Mobilock will obtain certain transaction details which it will use only in accordance with its Privacy Statement. Mobilock is responsible for handling complaints, refunds, returns and cancellations associated with transactions made using the Mobilock app.


Indemnification

By accepting these Conditions of Use and using the Application or Service, you agree that you will protect and hold Mobilock, its affiliates, its licensors, and any of its officers, directors, other users, employees,  authorised representatives and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers’ fees and expenses) arising out of or in connection with:

  • Your violation or infringement of any term of these Conditions of Use or any applicable law or regulation, whether or not mentioned herein;
  • Your violation of the rights of a third party, including the Owner of the bikes that are used or have been used through the Application;
  • Your use or misuse of the Application or Service.

Liability

The information, recommendations and/or services provided to you on or through the Website, the Service and the Application are for informational purposes only and do not constitute advice. Mobilock will keep the Website and the Application and the content placed on or in it reasonably accurate and up to date, but does not guarantee that the Website and/or the Application and/or their contents will be free of errors, defects, malware or viruses. Mobilock does not warrant that the Website and/or the Application is/are accurate, up to date or accurate.

Mobilock is not liable for any loss or damage resulting from use of the Website or Application (or the inability to use them), including loss or damage caused by malware, viruses or inaccuracy or incompleteness of the Information or by the Website or Application, unless such loss or damage are the result of wilful intent or gross negligence on the part of Mobilock. Mobilock is furthermore not liable for any loss or damage resulting from the use of electronic means of communication with the hardware, the Website or the Application (or the inability to use them), including, but not limited to, loss or damage resulting from failure or delay in the delivery of electronic messages, interception or manipulation of electronic messages by third parties or by computer programs used for electronic messaging and transmission of viruses.

Mobilock is not liable for any loss or damage resulting from the failure or improper functioning of the hardware as a result of war and associated risks, vandalism, attempted forcible entry, manipulation or other causes beyond Mobilock’s control. This exclusion of liability includes – but is not limited to – loss or damage resulting from failure or delay of network connections, interception or manipulation of electronic keys by third parties or by computer programs, and failures/faults of your mobile phone. Without prejudice to the foregoing, and to the extent permitted by mandatory applicable law, Mobilock’s total liability will in no event exceed EUR 100 or, where applicable, the equivalent of that amount in the currency used by you to pay the Owner of the bikes for the use of the bicycle.

The quality of the bikes used via the Application or the Service is entirely the responsibility of the Owner of the bikes, who ultimately supplies you with their use. Mobilock will not accept any liability in connection with and/or as a result of the bicycle use supplied to you by the Owner of the bicycles, or any actions, activities, practice or behaviour and/or negligence on the part of the Owner of the bikes. Any complaints about the bicycle use supplied by the Owner of the bikes should therefore be submitted to the Owner of the bikes.

Copyright licence and policies

For the purpose of these Conditions of Use, the following definitions apply:

‘Content’ means all content that appears or is displayed, including, but not limited to, logos, images, trademarks, text, graphical text, graphics, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, comments, commentary, art, links, questions, suggestions, information or other materials.

‘Mobilock Content’ means Content owned or used by Mobilock, its affiliates or licensors and made available through the Website, Service or Application, including Content licensed by a third party, but excluding User Content.

‘User’ means a person who has access to or uses the Service or Application.

‘User Content’ means Content that a User posts, uploads, publishes, submits or transmits in order to make it available on the Website or through the Service or Application.

‘Common Content’ means Mobilock Content and User Content jointly.

Subject to your compliance with these Conditions of Use, Mobilock grants you a limited, non-exclusive, non-transferable licence:

  • With which you may view, download and print the Mobilock Content on the websites and Applications solely for your personal and non-commercial purposes;
  • With which you may view all User Content to which you have access solely for your personal and non-commercial purposes.
  • You do not have the right to sub-license the granted licensing rights in this section.

Except as expressly provided in these Conditions of Use, you may not use, copy, adapt, modify, create derivative works, distribute, license, sell, transmit, publicly display, publicly perform, reproduce, transfer, play, broadcast or otherwise exploit the Website, Service, Application or Common Content. You may not reuse the Common Content without first obtaining Mobilock’s written consent. No licenses or rights are granted to you tacitly or otherwise under intellectual property rights owned or controlled by Mobilock or its licensors, other than those expressly granted in these Conditions of Use.

Licence granted to the User

At our absolute discretion, we may permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content is considered non-confidential and non-proprietary. Accordingly, Mobilock has the non-exclusive, royalty-free right to use, copy, distribute and disclose User Content to third parties (‘Granting of a licence’) for any purpose in any medium and worldwide.

You acknowledge that Mobilock acts only as a passive channel for the distribution of the User Content and is not responsible or liable to you or any third party for the content or accuracy of the User Content. Mobilock will not monitor the User Content published by you or act as a moderator between the Users on an ongoing basis, nor will Mobilock be under any obligation to do so. Without limiting the foregoing, you acknowledge and agree that comments, opinions, commentary, suggestions and other information displayed or included in the User Content do not necessarily reflect those of Mobilock.

Any use of the User Content by you is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy or otherwise infringe on the intellectual property rights of any third party, privacy rights or personal rights and does not contain offensive or derogatory expressions. Further, you represent and warrant that you are qualified to grant the licence as set forth in this paragraph.

You agree to indemnify Mobilock, its affiliates and licensors against all costs, expenses, damage, losses and liabilities incurred or incurred by Mobilock or its affiliates in relation to User Content posted or transferred by you or your other use of the Website, the Service or the Application.

Mobilock reserves the right, at its sole discretion, to block or remove (in whole or in part) User Content that you have posted or transferred and that Mobilock believes to be inconsistent with these Conditions of Use (including any material that infringes or may infringe the intellectual property rights of third parties, privacy rights or personality rights) or is otherwise unacceptable to Mobilock.

You agree to notify Mobilock immediately in writing of any User Content that infringes these Conditions of Use. You agree to provide Mobilock with sufficient information to enable Mobilock to investigate whether such User Content infringes these Conditions of Use. Mobilock agrees to make efforts in good faith to investigate such a complaint and will take such action as Mobilock decides to take at its sole discretion. However, Mobilock does not warrant or represent that it will block or remove (in whole or in part) such User Content.

Use of the Application

Subject to your compliance with these Conditions of Use, Mobilock grants you a limited, non-exclusive, non-transferable licence to download or install a copy of the Application on a stand-alone mobile device that you own or control and to activate such a copy solely for your personal use. The following limitations apply:

  • You may not license, sub-license, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or Application in any way;
  • You may not alter or create derivative works from the Service or Application;
  • You may not create internet links to the Service or frame or mirror an Application on another server or wireless, or internet-based device;
  • You may not reverse engineer the Application to develop or build a competitive product or service, or develop or build a product using similar ideas, features, functions or graphics from the Service or Application;
  • You may not copy any ideas, features, functions or graphics from the Service or Application, or introduce any automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms or a program that can make multiple server requests per second, or overloads or hinders the operation and/or performance of the Service or Application;
  • You may not send spam or otherwise duplicated or unsolicited messages in violation of applicable laws;
  • You may not send or store infringing, obscene, threatening, defamatory or otherwise unlawful or legally prohibited material, including material that is harmful to children or violates the privacy rights of third parties;
  • You may not send or store any material that contains any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, resources or programs;
  • You may not interfere with or disturb the integrity or operation of the Website, the Application or Service or any of the information contained therein; or
  • You may not attempt to gain unauthorised access to the Website, the Application or Service or any systems or networks connected to it.

Mobilock has the right, to the extent permitted by law, to investigate and prosecute any violations of the above. Mobilock may cooperate with law enforcement authorities and involve them in prosecuting Users who violate these Conditions of Use. You acknowledge that Mobilock is under no obligation to monitor your access to or use of the Website, Service, Application or Common Content or to revise or edit the Common Content, but has the right to do so for the purpose of the operation of the Website, the Application and Service, to ensure your compliance with these Conditions of Use, or to comply with any applicable laws or any court, administrative authority or other governmental requirement. Mobilock reserves the right at any time, without prior notice, to remove or to prevent access to Common Content, which Mobilock considers to be harmful to the Website, the Service or Application, at its sole discretion, in violation of these Conditions of Use or otherwise.

Copyright policies

Mobilock respects copyright and expects its Users to do the same. It is Mobilock’s policy to terminate, as appropriate, access by Users or other account holders who infringe (repeatedly or otherwise) or are deemed to infringe the rights of copyright holders (repeatedly or otherwise).

Intellectual property rights

Only Mobilock (and its licensors, if any) has all rights, claims and interests, including all relevant intellectual property rights, in and to the Website, the Application and the Service and all suggestions, ideas, requests for improvement, feedback, recommendations or other information provided by you or any other party with respect to the Website, Application or the Service. Your acceptance of these Conditions of Use expressly does not imply any transfer to you of any rights or property over, in or in relation to the Website, the Application or the Service or any other intellectual property rights owned by Mobilock. Mobilock’s name, logo and product names associated with the Application and the Service are trademarks of Mobilock, its affiliates or third parties, and no right or licence to use them is expressly granted.

Application via Play Store or App Store

With respect to any Application accessed through or downloaded from the App Store (‘Application via the App Store’), you may only use Applications offered via the App Store and Play Store. An Application you obtained through Apple’s App Store may only be used on a product of the Apple brand that uses iOS (Apple’s operating system) and as permitted by the ‘Instructions for Use’ set forth in the ‘Services Terms and Conditions’ of the Apple App Store. Mobilock reserves all rights in respect of and to the Application not expressly granted to you under these Conditions of Use.

Acceptance and recognition

You agree that: These Conditions of Use are only concluded between you and Mobilock and that Mobilock, not Apple, is solely responsible for the Application and its contents that you have installed using the App Store. Your use of the Application must comply with the Services Terms and Conditions of the App Store. You acknowledge that Apple has no obligation to provide maintenance and support services for the Application through the App Store. In the event that the Application via the App Store fails to comply with any applicable warranty, you may notify Apple and, if applicable, Apple will refund you the purchase price for the Application via the App Store, and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Application via the App Store. As between Mobilock and Apple, any other claims, losses, liabilities, damage, costs or expenses attributable to any failure to comply with warranties, will be Mobilock’s sole responsibility. You and Mobilock acknowledge that, as between Mobilock and Apple, Apple is not responsible for dealing with any claims you may have, or any third-party claims relating to the Application via the App Store or your possession and use of the Application via the App Store, including but not limited to:

  • product liability claims;
  • any claims that the Application via the App Store does not meet an applicable legal or statutory requirement;
  • claims resulting from consumer protection or similar legislation.

Without limiting any other provisions of these Conditions of Use, you must comply with all applicable third-party contract terms when using the Application via the App Store.

Interactions with third parties

During use of the Website, the Application and the Service, you may correspond with, purchase goods and/or services from, or participate in promotions by, service providers, advertisers or sponsors of third parties who present their goods and/or services via a link on the Website or via the Application or Service. These links lead you away from the Website, the Application and the Service, and Mobilock has no control over them. The websites that you may be taken to via a link have their own separate terms and conditions as well as a privacy policy. Mobilock is not responsible and cannot be held liable for the content and activities of these websites. Therefore, you visit or access these websites at your own risk. Please note that these other websites may send their own cookies to users, collect or request data or personal information, and therefore you are advised to check the conditions of use or privacy policies of those websites before using them.

Duration and termination of the contract

The Contract between Mobilock and you is open-ended. You have the right at any time to terminate the Contract by permanently deleting the Application installed on your smartphone, thereby eliminating your use of the Application and the Service. You can close your user account at any time by following the instructions on the Mobilock website. Mobilock has the right to terminate the Contract at any time and with immediate effect (by turning off your use of the Application and the Service) if you violate or infringe any of the terms of these Conditions of Use or if, in Mobilock’s opinion, you abuse the Application or the Service. Mobilock is under no obligation to give prior notice of termination of the Contract. After termination, Mobilock will notify you in accordance with these Conditions of Use.

Invalidity of one or more provisions

The invalidity of any provision of these Conditions of Use shall not affect the validity of the other provisions of these Conditions of Use. If and to the extent that in the given circumstances a provision of these Conditions of Use is invalid or unacceptable according to criteria of reasonableness and fairness, a provision shall instead apply between the parties, which is acceptable taking into account all circumstances and which, taking into account the content and purpose of these Conditions of Use, corresponds as far as possible to the void part.

Modification of the service and conditions of use

At its sole discretion, Mobilock reserves the right to change or replace these Conditions of Use, or to change, suspend, or terminate the Service or Application (including and at any time and without limitation, the availability of any feature, database or content) by posting a notice on the Website or by sending a message via the Service, Application or via email. Mobilock may also, without notice or liability, impose restrictions on certain features and services or restrict your access to parts or all of the Service.

Communications

Mobilock may communicate by general notice via the Service or Application or by electronic mail to your email address registered in Mobilock’s account information or by written notice sent by regular mail to your address registered in Mobilock’s account information.

Transfer

You may not assign your rights under these Conditions of Use without Mobilock’s prior written consent.

Notification concerning privacy and cookies

Mobilock collects and processes personal data of visitors to the Website and Users of the Application in accordance with version 2018-05-01 of our Privacy Statement www.Mobilock.nl/privacy.

Applicability

These General Terms and Conditions expressly do not apply to the use of our website(s) www.Mobilock.nl and ConnectBike.com, the Service and the Application(s) by operating partners and/or Owners of bikes. The legal relationship between Mobilock and its operating partners / the Owners of the bikes is regulated in the General Terms and Conditions for Mobilock Partner Use.

Applicable law and settlement of disputes

These Conditions of Use are governed by the laws of the Netherlands. Any disputes, claims or disagreements arising out of or in connection with these Conditions of Use or the violation, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, ‘Disputes’) will be settled exclusively by the competent court in Amsterdam, the Netherlands, unless you notify Mobilock within one month of Mobilock invoking its right under this provision to initiate legal proceedings in Amsterdam, the Netherlands, that you are seeking a settlement of such dispute, claim or disagreement before the court in question, which is legally competent.

Final provision

The Dutch text of these Conditions of Use is the only authentic text. In the event of any discrepancy between the Dutch text and a translation into a foreign language, the Dutch text shall prevail.