User agreement: terms and conditions for using the Joe services
This agreement (the “Agreement”) sets forth the legally binding terms and conditions for your use of the Services provided by Joe Scooter. The purpose of this Agreement is to regulate the Services provided by Joe, which is to offer you (“You”) the use of electrical scooters and/or e-moped after You have registered Yourself in the Joe App.
In this Agreement, the following words, terms and phrases have the following meaning:
- “Parking Zone” means the areas defined and designated in the Joe App in which You must temporarily park and deactivate the Vehicle.
- “Non-Parking Zone” means the areas defined and designated in the Joe App in which the Vehicles may not be deactivated. As You may not be able to reactivate a Vehicle once it has been deactivated in such an area You should by all means avoid such an area because failure to comply may result in additional costs.
- “Operational Zone/ Joe Zone” means the areas defined and designated in the Joe App in which the Vehicles may be activated, used, temporarily parked and deactivated.
- “Vehicles” means the Joe electrical vehicles, such as e-scooters or e-mopeds.
- “Services” means the use of the Vehicles, Website, Joe App and its related services as described on the Website and in the Joe App, and made available through the Website or the Joe App, together with any other related equipment services, and information made available by Joe.
- “Joe App” means Joe proprietary software applications accessible via computer or mobile device and by which You may access the Vehicle.
- “Website” means the Joe website www.joescooter.fi
1.1 Parties to the Agreement
You and Joe are the sole parties to this Agreement. You are the sole user of the Services and You must not allow any others to use the Vehicle.
1.2 Register account
In order to use the Services, You must register an account in the Joe App. You have to follow the instructions given during the registration procedure and provide correct information. Without proper registration You must not use the Services. You may only register one account for You and shall only undertake one registration. You shall make sure that no one else but You makes use of Your registration, particularly with regard to using a Vehicle. If You become aware of the risk that someone else uses Your registration or could use Your registration, for example because Your computer or mobile device by which You may access the Vehicle has been stolen, You shall inform Joe as soon as possible in accordance with Section 8. If you allow a third party to use Your registration or a Vehicle, You will be responsible for any and all use and/or misuse of the Services.
1.3 Joe’s Services
Joe shall provide You with the opportunity to use the Joe App in order to find, activate, use and deactivate a Vehicle if there is a Vehicle available. Vehicle availability is displayed in the Joe App. Given the limited number of Vehicles operating, We can not promise or guarantee that You will always find a Vehicle within a distance convenient to You or that You find a Vehicle at all (see section 1.5 below).
1.4 Your responsibilities and requirements for the use of the Services
If you are under the age of 18, you must have custodians consent to use Joe Electric Scooter Services. To use the Joe e-moped Services you must be at least 18 years of age. Custodian, if You allow a minor to use a Vehicle by e.g. activating it through Your account, You shall be responsible for any and all use and/or misuse.
You must be physically fit and reasonably competent to use the Vehicle, particularly with regard to taking part in street traffic and complying with traffic rules and regulations.
You are responsible for adapting Your driving to external circumstances and for determining Your general ability, medical condition, weather conditions (including, without limitation, rain, fog, snow, hail, ice, heat or electrical storms) and/or other factors that can generate any risk to You, Your use a Vehicle or others. You have to make Your decision whether and how to use a Vehicle depending on weather, traffic or any other circumstance, uncertainty or other factors, must adjust, adapt and calculate Your speed, riding behaviour and braking distance. Due to the circumstances it might even be advisable to abstain from any use of a Vehicle at all.
You shall conduct a basic safety check of the Vehicle prior to using the Vehicle with a visual check, a check of the battery capacity (see Section 1.5 below) and a check of the functionality of the brakes. You must not use the Vehicle if there are any noticeable issues (such as, amongst other things, visible damage to the Vehicle’s wheels, brakes, lights or frame, issues in relation to the battery level, signs of unusual or excessive wear of any kind or any other visual damage to the Vehicle or any malfunction of the brakes). If You notice any such issues with the Vehicle, You must not use the Vehicle. We would appreciate if You let us know about such issue in accordance with the information in Section 8 below.
A Vehicle is an electric vehicle that requires being handled safely and prudently and in accordance with government regulations and guidelines.
Prior to the commissioning of the electric moped, in addition to the matters otherwise specified in this Agreement, the following matters shall be taken into account:
- You must be at least 18 years old to use the vehicle.
- You must have a driving license of at least AM / 120 and it must be valid. You cannot drive a vehicle if you only have an AM / 121 and T license.
- You will need to identify your driver’s license and identity through the Joe Scooter app before deployment.
- You are the only user of the service and may not hand over the vehicle to others.
- No one else may be on the electric moped while driving or parking. The electric moped is intended for use by one person only.
- You must have a driving license with you at all times when using the vehicle.
- Do not drive under the influence of alcohol, drugs or medicines that affect your ability to drive.
- You must be fit to drive the vehicle.
- The vehicle must not be used for any towing or pushing, motor sports event, off-road use (eg off-road) or commercial transport (eg courier travel, food transport).
- Only drive with the helmet on.
- You must be able to comply with the provisions of the Road Traffic Act when using the vehicle.
- You must have the necessary experience or minimum knowledge of driving motor vehicles safely.
The customer is also obliged to hand over the vehicle with its equipment (helmet) in the same condition as it was at the beginning of the booking.
1.5 Availability of the Services.
For the following reasons, Vehicles are not available at all times, even within the Operating Areas.
Availability of Vehicles may differ within and between different Operational Zones due to high demand.
Vehicles are not necessary available at all times, even within the Operational Zones and, in accordance with section 3.1.2 below, we are not responsible if You are unable to locate an available Vehicle.
Access to the Services may be limited or restricted in some Operational Zones if this is necessary for ensuring Your safety or the safety of the Vehicles, for example if there is a demonstration causing traffic problems or if the weather conditions are bad or similar. Please note that Joe is entitled to limit or restrict access to Vehicles in its discretion, but is under no obligation to do so, unless such obligations are imposed on Joe by police authorities or similar government or regulatory bodies. Section 1.4 remains unaffected. Full access to using a Vehicle may also be limited due to other reasons such as e.g. slow zones (i.e. when the speed is automatically lowered by Us due to speed limits in e.g. pedestrian areas).
The battery level of the Vehicle may affect the availability in accordance with the following:
- The battery level of the relevant Vehicle is set forth in the Joe App. It is Your responsibility to check the battery level in the Vehicle to ensure that it is adequate before using the Vehicle.
- The battery level remaining in the Vehicle will decrease with usage of the Vehicle, and operational capabilities and speed may decrease or cease in their entirety as the battery level decreases.
- The decrease rate of the battery level may vary and differ from time to time due to different factors such as the condition of the Vehicle and the battery, weather conditions, road conditions, Your use of the Vehicle and/or factors is beyond Our control. It is therefore not possible to relate a certain battery level to a certain distance the Vehicle may be able to cover. If You are not sure whether the battery level is sufficient for You to reach Your destination You are advised to re-assess the contemplated use of the Vehicle.
1.6 Your Use of the Services
Different Operational Zones. You shall only activate, use, temporarily park and deactivate a Vehicle within an Operational Zone in which the Vehicle has been activated. The correct Operational Zone is displayed in the Joe App and must be checked before activating a Vehicle.
Activation, use and temporary parking of Vehicles. You must activate a Vehicle through the Joe App. You will need internet connectivity to do so, and it is Your responsibility to ensure that Your mobile device by which You may access the Vehicle is working properly and that You have sufficient internet access for use.
After activating the Vehicle, the rental period commences and continues until the Vehicle is deactivated. You may temporarily park the Vehicle at any time through the Joe App and are in such cases responsible for reactivating the Vehicle again. The rental period will continue while the Vehicle is temporarily parked.
You agree to use and temporarily park the Vehicle in compliance with all local applicable laws including local traffic regulations and/or other local regulations. and You will additionally at all times use the Vehicle with respect towards pedestrians, property and traffic, for example by way of (where allowed by local legislation) riding in bicycle lanes and not on sidewalks, keeping walking speed while riding in pedestrian areas etc.
Safety measures when using a Vehicle You have to use the Vehicle in a safe manner and take necessary measures to avoid, amongst other things, accidents and damage to persons and property. Such safety measures include, but are not limited to, the following:
- To not use the Vehicle while carrying any itemsthat might impede Your ability to safely use the Vehicle, including but not limited to, backpacks, bags, briefcases or packages not appropriate in size or weight.
- To only use the Vehicle Yourself. For the avoidance of doubt, You are not permitted to carry a second person, child or animal on the Vehicle.
- To never exceed the maximum weight of 100 kg(kilograms) when using the Vehicle. The maximum weight includes all items carried by You in compliance with this Agreement.
- To not use any mobile device, including but not limited to, telephones, text messaging devices, media players or other device(s) while riding a Vehicle that may distract You or impede You from safely using the Vehicle. If you have to consult the Joe App while using the Vehicle, you must pull over first.
- To not use a Vehicle while under the influence of alcohol, drugs, medication, or any other substance that may impair Your ability to safely use a Vehicle.
- To wear a helmet of CE-standard, equivalent or a higher standard that has been properly sized, fitted and fastened according to the manufacturer’s instructions and any and all other suitable protective equipment when using the Vehicle.
- To never use the Vehicle for competitions, races or equivalent events, including both professional and non-professional stunt or trick riding.
Parking and deactivation of Vehicles. You are responsible for parking and deactivating the Vehicle when You have completed Your use.
The Vehicle must be parked and deactivated in lawful areas, i.e. the Vehicle cannot be parked or deactivated in any Non-Parking Zone, on private property, in a locked area/non-public space or in conflict with local traffic regulations and/or other legal regulations. Where We consider a Vehicle lost or stolen, the terms of section 1.7 will apply.
You shall neither park, temporarily park nor deactivate a Vehicle where there is an increased risk that the Vehicle may suffer damage. When deactivated and parked, the Vehicle must be in a visible space.
You agree to park the Vehicle in compliance with local applicable laws and regulations and You will additionally at all times park the Vehicle with respect towards pedestrians, property and traffic, by at least ensuring the following (where allowed by the local legislation): (i) the Vehicle is parked on a sidewalk closely alongside a wall or in connection to a bike stand/parking rack, (ii) the Vehicle is standing up in a steady manner on its kickstand, and; (iii) the Vehicle is not blocking entrances, access ramps, bus stops, crosswalks or in any other way blocking or obstructing similar facilities.
Joe may from time to time offer incentives if You temporarily park or deactivate a Vehicle in Incentivized Parking Zones and/or require that You temporarily park or deactivate in a Mandatory Parking Zone.
Proper use of Services You shall return the Vehicle to Joe in the same condition in which it was rented and the Vehicle must be fit for immediate usage by other users, given normal wear and tear and with the exclusion of low battery level.
You may never tamper with the Joe App or Vehicles in any way and for any reason.
You are responsible and liable for any damages suffered by Joe relating to Your use of the Services, where you have not complied with the terms of this Agreement. This includes any indirect losses such as Joe’s loss of income due to riding without payment, due to tampering of the Vehicle as well as a Vehicle being unfit for Use by other users.
Responsible use of services. You must use the Services only in accordance with this Agreement and for the purposes set forth in this Agreement. You may not use or allow anyone else to use the Services for any illegal or unethical purpose, or in any way that is materially different from normal use.
If you use the Services in violation of the provisions of this Agreement and / or your use of the Service differs materially from normal use, Joe will provide you with notice. After such notice, you will have 72 hours to correct the non-compliance. If you do not correct the violation within 72 hours, Joe reserves the right to disable or suspend your account in accordance with Section 1.10.
1.7 Lost or stolen Vehicle
You are responsible for deactivating and parking a Vehicle within an Operational Zone. You may not in any way lock or hide the Vehicle unless the Vehicle is activated. If You do not deactivate or park a Vehicle within an Operational Zone, You may be responsible for a lost or stolen Vehicle in accordance with the following.
Joe is entitled to charge You 25 € in the event the Vehicle is considered abandoned, i.e. the maximum rental period set (1 hour) has been exceeded and We cannot detect any attempts to lock the Vehicle or requests to end the ride by You.
A Vehicle activated by You may be considered lost or stolen if (i) the Vehicle’s GPS unit is disabled on purpose, (ii) the Vehicle moves after deactivation and Joe has reason to believe such movement was not caused by another user or any authorized third party, or (iii) other facts and circumstances implying, in the reasonable opinion of Joe, that a Vehicle has been lost or stolen.
If Joe reasonably believes that the Vehicle has been lost or stolen, we will refer the matter to the authorities, who will take the necessary steps to return the Vehicle or, if the return proves impossible, obtain compensation from the Vehicle. This includes, for example, a request from the local police to obtain information from you or, if you are at fault for the damage, a claim for damages.
1.8 Accidents, Insurance and other incidents
You must report any accident, crash, damage, personal injury, stolen or lost Vehicle or other similar incidents to Joe as soon as possible.
If an incident involves third party personal injury, property damage, or any other third party damage, You shall report the incident to the local police department as soon as possible. This also applies if the Vehicle is stolen while activated by You.
1.9 Compliance with local laws and regulations
In addition to what has been stated above, You agree to at all times use the Services in compliance with any locally applicable laws, regulations and rules. You understand that You are solely responsible and liable for any violation of any laws, regulations and rules in relation to Your use of the Services.
1.10 Indemnification, damages, deactivation/suspension of Your account and fees
We at all times reserve the right to charge You 25 € (euros) when You have breached this section 1. If the damage suffered by Joe exceeds 25 €, Joe reserves the right to claim damages for the losses it incurs. We will use our reasonable efforts to remind You of any incorrect parking (in breach of this section 1) before charging this amount. In addition to what has been stated above, You understand that any fees, fines or other payment imposed on Joe or any damages suffered by Joe on account of a failure by You to comply with this section 1 shall be compensated by You to Joe.
We at all times reserve the right to deactivate or suspend Your account or limit Your usage of the Services where We have reason to believe that You have breached the terms of this section 1, or if Your use of the Service significantly differs from a normal pattern of use. In case of repeated breaches of fair usage of the Services, under Section 1.6, Joe reserves the right to notify you and block Your account or to limit Your usage of the Services with immediate effect.
You acknowledge that You are responsible for Your driving and that You may not claim compensation from Us for damages caused as a result of breach of your obligations under this Agreement.
2. Payment and credits
2.1 Prices and Fees
Your rent of the Vehicle is on a pay per ride basis. The payment will first be deducted from Joe’s wallet, after which the payment will automatically go from the payment method you add. In each case, prices, fees and any other charges may be subject to applicable taxes and other charges levied by the local authority which Joe may charge and collect. Each time before commissioning the Vehicle and with all possible pricing, you should check the prices, fees and any other charges for the Joe App.
When using the vehicle, when you create your user account and when you add a new payment method, you must at the same time transfer at least 1.50 euros to Joe’s wallet. This amount added to Joe’s wallet will be used to pay for your rides once you’ve created your user account and added a new payment method.
Please note that the money added to Joe’s wallet is a purchase decision, which means that Joe is no longer obligated to return the added money back to you.
All prices and monetary values in this Agreement are expressed in Euros.
2.2 Payment methods and disputes
You must provide Joe with information and details to a valid credit card or debit card or other payment method in order to register to use the Services in the Joe App. You confirm that You are authorized to use any credit card or debit card or payment information You provide. You authorize Joe to charge the provided credit card, debit card or other agreed payment method the fees described in this Agreement or in the Joe App that You have incurred in relation to Your use of the Services.
You agree to inform Joe without any undue delay of all changes related to the credit card or debit card which You have provided to Joe.
Payments to Us may be done through third party payment processors. We are not responsible for the payment process or any charges requested by such third parties.
In order to dispute any fees or charges charged by Joe, You must contact Joe support within reasonable time from the date of the disputed charge and provide Joe any information Joe finds necessary, such as the date of the trip/date of the purchase or the approximate starting and ending times. Joe ask that You contact Joe support in accordance with Section 8 below.
2.3 Outstanding Payments
Any outstanding payment of prices for the use of Vehicles by You or any fee charged on the grounds of this Agreement will be made by Us by using the payment method described in Section 2.2. If, however, for such payment cannot be made on account of a reason within Your control (wrong credit card number, change of credit card without notification or similar), Joe will inform You and set a period in order to rectify the situation. Until then JOE is entitled to suspend any rental of Vehicles. If Joe has not received information about a reliable payment method within two weeks, Joe may terminate this Agreement and restrict or block Your access to the Services.
2.4 Actual Prices and deactivation of Your account
All fees set forth in the Joe App are subject to change. The price may change during the period of activation to deactivation if You ride during such moments when a different price starts (such as before and after midnight). You have to check the fees applicable in the Joe App before activating a Vehicle.
3. Property and intellectual property rights
3.1 Respect for Joe’s property
You must not tamper with, attempt to gain unauthorized access to, modify, hack, repair or otherwise adjust any Joe’s material or hardware, source-codes, information, including the Joe App, Website and Vehicle, for any purposes. The Joe App, Website and Vehicles may only be used for the purposes pursuant to this Agreement.
All disputes related to this Agreement shall be made in text form to the contact details mentioned for information.
Joe can be contacted by email at email@example.com, or by regular mail Telitie 1B, 90100 Joensuu.
7. Governing law and jurisdiction
This Agreement shall be governed by and interpreted in accordance with the laws of Finland.
Any disputes related to this Agreement may be settled in a Finnish district court in whose jurisdiction you are domiciled or habitually resident.
8. Entire agreement and modifications
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter.
Earlier versions of this Agreement will not be archived by Joe. You are therefore recommended to print and save outdated versions of these term.
Please also note that you do not have the right to cancel the trip after you have started the trip. Each trip begins with Your express, prior consent and when Joe has fulfilled his obligations under the Agreement.