GENERAL CONDITIONS FOR USERS OF GGC ELECTRIC MOPEDS – GO GREEN CITY
Service contract
The present document (hereinafter referred to as “service contract”) constitutes the contract concluded between any person using the GGC electric mopeds (Go Green City) through the GGC – Go Green City mobile application (hereinafter referred to as “the user”, “you” or “your”) and the company GGC
International SA, located in Chardonne.
The following definitions apply to the entire service contract:
● “GGC Application” is a mobile application published by ATOM Mobility and available on the App Store and Google Play Store as GGC Go Green City.
● “Account” is a user account that allows him/her to access the application and use the services, among other things.
● “Code” is a discount code that allows the user to receive a discount on the price of a rental. Each promotional code may be subject to its own rules and conditions which will be specified when issued.
● “Rental” or “rental period” is a period of time during which the user is a renter of a vehicle, beginning with the unlocking (activation) of the vehicle and ending with the locking (deactivation) of the vehicle and parking in accordance with the rules of the road as well as taking a picture of the vehicle.
● “Services” means the vehicles, application and related services.
● “Related Services” are the services related to the vehicles such as charging, maintenance, collection and other similar services that GGC International SA makes available to the user.
● “Operating area” is an area / location where the user is to use the services, delineated in the GGC Go Green City application.
● “Vehicle” is an electric moped provided by the app.
Terms of service
1. Acceptance, Modification and Termination of the Service Agreement
1.1 This Service Agreement applies to the User through the App, prior to unlocking the Vehicle. Eachtime you unlock a vehicle and start a rental, you can access the service contract by clicking on the link on the unlocking screen. By unlocking the vehicle, the user expresses and materializes their explicit acceptance of the service contract.
1.2 GGC Go Green City is constantly improving the features and functionality of the services to ensure functionality and quality, which may involve modification of the service agreement. Changes will become effective upon publication on our website or on the GGC Go Green City app. If you continue to use the Services after such publication, you will be deemed to have accepted the amended Service Agreement. We will notify you of any changes via the GGC Go Green City app, your contact address linked to your account, or by any other means deemed reasonable, at least 7 days before they are
published.
1.3 The service contract is concluded for an indefinite period and your acceptance of its terms is renewed at each rental, in accordance with article 1.1 above. It can be terminated at any time by the user, by contacting GGC International SA at hello@go-greencity.ch. The service contract can be terminated by GGC in case the user fails to fulfil one of his obligations.
2. User eligibility and account operation
2.1 You may use the Services if:
2.1.1 You have an account ;
2.1.2 the account is linked to your credit or debit card (which must be valid), or any other payment method accepted by the GGC Go Green City application, in the territory where you use the services;
2.1.3 You are at least 16 years old (with a compulsory “M” category licence from the age of 14).
2.2 When creating and using your account and the Services :
2.2.1 You agree to use only (your real name,) your real personal and credit or debit card information that is required for the creation of the account. You also agree to keep this information up to date;
2.2.2 You agree that at any time you may be required to provide proof of your identity, which may be done by providing a photograph of your identity, in order to access or continue to use the Services;
2.2.3 With the exception of a security defect attributable to GGC International SA or to an
unauthorized or fraudulent use of your account by a third party, you are responsible for the security and the control of the access to your account, as well as for all the actions carried out through your account, in particular: unlocking (activation), use and locking (deactivation) of the vehicle. You are also responsible for:
i the parking of your vehicle, if any, in accordance with the Service Agreement and, in
particular, the Highway Code; and for
i parking the vehicle in an inconvenient or highly inconvenient location, or parking that would be contrary to the highway code.
However, you will not be liable for the parking of your vehicle if you have notified any unauthorised or fraudulent use of your account in accordance with section 2.2.4.
2.2.4 The user agrees to inform us immediately, by contacting us via the GGC Go Green City application (or at the following contact address: help@go-greencity.ch) if you have knowledge of any unauthorized or fraudulent use of your account, or any other situation that could lead to a loss of
control of your account. Without notification from you within a reasonable time after the first unauthorized or fraudulent use of your account, you will be liable for any third party use of the Services.
2.2.5 You agree that we may monitor the use of your account and suspend or delete it if you fail to comply with any of the provisions of the service agreement, or, if necessary,
i to ensure the lawful use of the GGC Go Green City application, in particular to prevent fraud, manage risks, conduct investigations or ensure the proper functioning of customer service;
i ensure your compliance with the service contract; where
i to comply with applicable law or the order of a court, police force or administrative or
governmental authority.
We process your account information, including personal data related to your account or generated as a result of your use of the services in the performance of the service agreement, to the extent necessary.
3. Processing of personal data
3.1.1 the provision of Services and their improvement ;
3.1.2 processing your requests made in the context of customer service;
3.1.3 analysis and follow-up of any alleged breach of the service contract ;
3.1.4 analysis and follow-up of any suspected information security breaches, or to implement security and vulnerability controls, or scans conducted for information security reasons;
3.1.5 analysis of your account information in response to requests from third parties or authorities, and the processing of such analyses, if this is within the scope of Article 2.2.5 ;
3.1.6 cooperation with the authorities in an investigation related to any of the above; and
3.1.7 your liability as a result of the breach of the service contract.
3.2 You agree that we may send you messages and emails in connection with the Services. You can opt out of receiving these messages at any time by sending an email to hello@go-greencity.ch.
4. Use of the vehicle
4.1 Before using the Vehicle, you must ensure that you are authorised to use the Services and that you are physically fit and have the necessary skills and expertise to use, drive and operate the Vehicle safely and in accordance with the Highway Code.
4.2 By unlocking the vehicle, you agree to:
4.2.1 that the vehicle, and any associated equipment, remains our property at all times, and that you must not dismantle, write on or modify, repair or deface it;
4.2.2 to use the vehicle in accordance with the obligations and recommendations set out in the service contract (including the Highway Code, the instructions, manuals and recommendations set out in the GGC Go Green City application.
4.2.3 not allow anyone other than yourself to operate a vehicle that you have unlocked;
4.2.4 to assume full responsibility for the care of the vehicle during the rental period;
4.2.5 to return the Vehicle in the same condition as it was at the start of the rental and to park it in accordance with the parking regulations applicable in the area where you use the services. If the Vehicle is returned damaged or in a state of disrepair, you will be charged the amount of the repair incurred in accordance with Article 5.3 and
4.2.6 not to drive the vehicle for the transport of goods, whether free of charge or for consideration.
4.2.7 not to drive under the influence of alcohol or illegal substances.
4.3 You must notify us of any accident, collision, personal injury or property damage, theft or loss of a vehicle as soon as possible by contacting us at help@go-greencity.ch. If the incident involves personal injury, property damage or a stolen vehicle, you must file a complaint with the police within 8 hours of the incident.
4.4 In order to avoid any over-concentration of electric mopeds parked or defaced on public space and in accordance with our commitments to the Cities, the user undertakes to report to us any vehicle:
o damaged;
o out of order;
o whose parking would be annoying or very annoying, obstructing the public space; where
o that is not on two wheels but is on the ground.
5. Prices and penalties
5.1 You will be charged for each rental of the Vehicle and the Services in accordance with the rate set out in the GGC Go Green City App prior to unlocking (activation) of the Vehicle. Each vehicle rental begins when you click “Unlock” and ends when you click “Finish”, or one or more equivalents/keys in the App. The price you pay is calculated on the basis of a single rate according to the time of use.
At the end of each rental, you will receive a summary of the rental, including the price you are charged.
5.2 We may issue promotional codes. We reserve the right to change or cancel any promotional code at any time in our sole and absolute discretion. We will suspend or cancel all types of promotional codes whenever we can presume that their use or redemption of promotional codes is incorrect.
5.3 If the vehicle has been unlocked with your account
5.3.1 is parked outside the territory where you use the Services or in contravention of the parking regulations of the traffic regulations applicable to your territory, we may charge you a fee of up to CHF 300.
5.3.2 is damaged beyond normal wear and tear or in a state of disrepair, then we may charge you an amount corresponding to the cost of repair or replacement of the Vehicle and its equipment;
5.3.3 is abandoned without our knowledge in accordance with 2.2.4; You will be responsible for all costs incurred by us until the vehicle is recovered and for search costs up to a maximum of 500 Swiss francs. These costs will depend on the time required to recover the vehicle;
5.3.4 is not duly returned (rental completed and vehicle parked) within 24 hours. In this case, we may consider the vehicle to be lost or stolen, in which case we may charge you up to a maximum of CHF 1,500 per vehicle with costs to be borne by you.
5.4 You agree to pay any fines, fees or penalties and/or any other expenses that we may incur, which may be caused by inconvenient parking on your part, or which may be the result of a violation by you of any law, regulation or ordinance when using the Services according to the rates applied in the corresponding township or the responsible authority in the territory.
5.5 All amounts due or payable to us will be charged to your credit or debit card, or any other means of payment supported by GGC International SA. If these means of payment do not allow us to collect the amounts due, collection methods will be used.
5.6 You authorise us to debit the cards and payment methods linked to your account for all charges and expenses incurred by you in accordance with the Service Agreement. If you object to a transaction charged to your credit or debit card, or any other means of payment accepted by us, then you must contact us within 2 working days in the manner referred to in section 2.2.4 from the end of the month of the transaction, with the relevant details relating to the transaction, including the rental information necessary to identify the disputed charge. You agree to notify us immediately of any change in the card or payment method associated with your account that may affect our ability to bill you under the Service Agreement.
5.7 The price of a hire is calculated with a single rate per minute for any minute of the
duration of the lease.
5.8 Before each rental, when you click on a vehicle available for rental, you are informed in the application of the rate (rate per minute). By unlocking (activating) the vehicle, you accept this rate and agree to pay the rental price. At the end of the rental, a summary of the rental containing the cost of the rental is sent to you.
6. Responsibility
6.1 You acknowledge and agree that your use of the Services, the Vehicles and the Equipment is at your own risk, and that our liability is limited to the obligations generally imposed on professionals by the applicable law in the jurisdiction in which you use the Services. However, you understand that there are risks associated with the use of the Vehicle, including that:
6.1.1 driving the vehicle exposes you to a variety of risks, hazards and dangers that could cause injury or death to you or others and damage to property, and that these risks, hazards and dangers cannot always be anticipated or avoided;
6.1.2 the vehicle is a machine that could malfunction, even if properly maintained, and that such malfunctions could cause injury.
6.1.3 the vehicle must be driven with care, if the damage(s) to the physical integrity or property of a victim is caused by a risk related to the characteristics of the Vehicle, then you, as the person who was in control of the vehicle, may be held liable, whether or not you were at fault.
6.1.4 the wearing of a helmet or other protective equipment, as well as strict compliance with the service contract and in particular with traffic regulations, is essential in order to reduce your exposure to injury and the risk of exposing third parties to personal injury or property damage.
6.2 Depending on the law applicable to the jurisdiction in which you use the Services and depending on the application, you may be liable for reimbursement of any costs and damages you may incur as a result of your breach of the Service Agreement. If your use of any of the services causes injury or damage to a third party, or damage to property, then, if applicable, you will be liable for the consequences of such acts, any demands, claims, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, court costs, judgments, suits or expenses of any kind, foreseeable or unforeseeable, known or unknown.
6.3 By using the services, you understand and accept that their use involves risks for your physical integrity as well as for that of third parties, and that you could cause material damage. In case of physical or material damages GGC International SA cannot be held responsible when.
6.3.1 the damage was caused by you, and in particular, without this list being exhaustive, in cases where
o You do not respect the traffic regulations and the safety rules they contain;
o You do not follow the instructions specified in the application;
o You have allowed a third party to use the application or the vehicle on your behalf;
o You drove the vehicle under the influence of alcohol or drugs.
6.3.2 the damage was caused by an unforeseeable and insurmountable fact by a third party to the contract, for example, in the event of malfunction of the Internet network, disruption or unavailability of the telecommunications networks, inability to provide the services due to a breakdown or malfunction of a satellite or a power cut.
6.3.3 the damage is caused, directly or indirectly, by a case of force majeure, within the meaning of federal jurisprudence.
6.4 GGC International SA’s liability is limited to certain, direct and foreseeable damages. In any case, GGC International SA cannot be held responsible for indirect damages such as loss of market, commercial damages, loss of clientele, any commercial disturbance, loss of profit, or loss of brand image.
6.5 In any case, as the services are based on a self-service principle, GGC International SA cannot be held responsible towards the user for the occasional absence of vehicles available for rental, or for the lack of battery when the charge level is communicated to the user.
6.6 The user is informed that the application may be suspended to perform maintenance operations or in case of technical malfunction. We decline all responsibility for any damage that may be caused by the unavailability or malfunction of the application. In case of technical malfunction that would hinder the good functioning of the application, GGC International SA will carry out the necessary operations to restore its functioning.
6.7 GGC Go Green City and the user shall not be liable for any damage, delay or failure to perform the service contract that may result from force majeure and/or circumstances beyond the reasonable control of the defaulting party, including, for example (list not exhaustive), a natural element, unforeseeable event, earthquake, fire, flood, war, act of terrorism, civil, industrial or military disturbance, sabotage, strike or plant closures, pandemic, epidemic, riot, disruption or failure of utility or telecommunications services, major cyber-attack, court order, act of civil or military authority and acts of government, judicial or administrative authority.
7. Applicable law and settlement of disputes
7.1 These Terms and Conditions shall be governed by and construed in accordance with the law applicable to the jurisdiction in which you use the Services.
7.2 Any dispute arising from the conclusion, interpretation or performance of the Service Agreement shall be brought before the courts of the Canton of Vaud.
8. Miscellaneous
8.1 You agree that we reserve the right to transfer this Service Agreement to any entity, provided that such transfer does not diminish your guarantees under the Service Agreement.
ANNEXES
1. Safety rules
1.1 You are responsible for a safety check prior to the use of the vehicle, which includes but is not limited to the following checks:
• a. good condition of the structure ;
• b. good wheel condition, including optimal tire pressure, if applicable ;
• c. proper functioning of the brakes ;
• d. the battery level, which must be sufficient;
• e. proper operation of the horn, if fitted ;
• f. the proper functioning of lights and mirrors, if any, and if you plan to drive in the dark ;
• g. ensure that the fender is properly secured to protect you from dust and mud while driving the vehicle; and
• h. Check the vehicle for damage and unusual signs of wear, mechanical problems or
maintenance.
1.2 During the hire, you must constantly monitor the compliance of the Vehicle and its operation with the safety rules detailed above. If, during the hire, you find that it is no longer possible to operate the Vehicle in accordance with the safety rules detailed above or if you notice any other potential defect, problem or threat, you must immediately cease driving the Vehicle, if it is possible to cease operating the Vehicle safely, and inform GGC Go Green City’s customer service department at help@gogreencity.ch.
2. Road safety
2.1 You must drive and operate the Vehicle with care at all times. By using, driving or operating the Vehicle, you agree to:
a. Comply with applicable traffic laws;
b. Wear/have all safety equipment recommended by the vehicle manufacturer (helmet according to current regulations) and which may reasonably be required to limit the risk of personal injury;
c. Refrain from operating the vehicle while under the influence of alcohol, drugs, medication or any other substance that may affect your ability to operate the vehicle safely;
d. refrain from using any mobile phone, tablet, laptop computer, any device used for texting or listening to music, or any other device that may distract you from driving the vehicle with care;
e. to avoid driving on sidewalks or in pedestrian areas;
f. Do not exceed 20 km/h and, if possible, drive on the right side of the road when on public roads;
g. not drive the vehicle on unpaved roads, on water, or in any area that is prohibited, illegal, or that may cause a disturbance to others;
h. Do not use the vehicle for racing, mountain driving, stunts or acrobatics;
i. Do not operate the vehicle on expressways (such as motorways or ring roads) or on roads not open to public traffic;
j. Do not drive the vehicle in the opposite direction of traffic;
k. not drive outside the territory as indicated in the GGC Go Green City application;
l. Do not drive in bad or dangerous weather conditions, especially in the presence of snow, fog, ice, sleet, rain, thunderstorms;
m. not to exceed the maximum weight allowed on the vehicle (170 kg);
n. not to carry a passenger ;
o. Do not carry any objects (e.g. briefcases, backpacks, bags or other items) that could affect your ability to operate the Vehicle safely;
3. Parking
3.1 The user agrees to:
● not to park the vehicle in a manner that may constitute obstructing or very obstructing parking within the meaning of and in particular:
● on premises where the vehicle prevents either access to another vehicle when parked or parked, or the release of another vehicle;
● on bridges, in underpasses, tunnels and under overpasses;
● in front of building entrances;
● in front of devices for charging energy in electric vehicles;
● on taxi and other transport lanes;
● in spaces reserved for people with reduced mobility / disabilities;
● in the cash-in-transit spaces;
● on a pedestrian crossing; and
● on bike paths.
but to give priority to parking
● in or near bicycle areas, or if this is not possible
● on the pavement, as close to the road as possible, taking care to leave a minimum space of at least 1.50 metres between the vehicle and the other end of the pavement within the area of operation that is specified in the GGC Go Green City application.
You must park the Vehicle so that it is visible, so that the Vehicle is not likely to obstruct the public highway, traffic or the path of pedestrians, and you must strictly ensure that you always park the Vehicle within the area specified in the Application and don’t forget to take a picture of the parking lot before you leave.