Terms of Service
The Dash mobile application provided by the Service Provider by means of which the Services may be used, in particular, by means of which a Scooter may be rented
electronic Dash scooters with the technical and user specification as prescribed in these Terms of Service and the use manner as prescribed on the “How to ride” screen provided in the Application upon the terms as prescribed in these Terms of Service, the use of which is payable within the frames of Services
a service provided by electronic means by Dash; a separated part of the Application dedicated individually to a User which enables the use of Services and the infrastructure provided by Dash, including Scooters and Charging Stations
MyRyde sp. z o. o. with its registered office in Warsaw, ul. Piwna 39/41/1A, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under number KRS: 0000749803, Tax Identification Number NIP: 5252764001, share capital: PLN 5,000; e-mail address of the Service Provider email@example.com
Krajowy Integrator Płatności S.A. with its registered office in Poznań at ul. Św. Marcin 73/6, entered in the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court Poznań – Nowe miasto i Wilda in Poznań, 8th Commercial Division, under number KRS: 0000412357, Tax Identification Number NIP: 7773061579, share capital of PLN 5,494,980, paid-up in full, which is the owner of the brand TPay.com
a fee for Services charged for the time of use of one Scooter, each time determined on a one-off basis (a fee for 1 minute of use of a Scooter) in the Application before the User rents the relevant Scooter; The fee may be paid on a one-off basis or under a Package; The fee shall be paid for each rented Scooter
a variant of payment for Services selected by a User out of the options provided in the Pricelist by Dash
Terms of Service
these Terms regulating the performance of Agreements and provision of Services
a website of Dash available at www.dash.city
a point where the User may rent a Scooter (out of the items available at a given Station) or return it (accordingly to free docks at a given Station); the basic manner to return a Scooter is to dock it at a Station, and any exceptions in this regard are enumerated in the Terms of Service
an area where the User uses a Scooter, covering maximum 10 km from the most outer station within a relevant system
an agreement concluded by and between Dash and a User, the subject matter of which is User’s use of the Services and the general provisions of which are prescribed in these Terms of Service
any services provided by Dash for the account of Users, including services provided by electronic means in the form of provision of functionalities of the Account and the Application, as well as services related to Scooter rental
a natural person with full capacity to perform acts in law using the Services upon the terms stated in the Terms of Service
a short-term Scooter(-s) rental agreement concluded between Dash and the User upon the start of use of a Scooter (release of the lock at a Station) until its effective return
1.2. These Terms of Service are provided to each User in the Application and on the Website free of charge prior to the conclusion of the Agreement, as well as—upon his/her request—in a manner which enables obtaining, copying and recording the content of the Terms of Service by means of a teleinformatic system used by the User.
2. GENERAL TERMS AND CONDITIONS OF PROVISION OF SERVICES
2.2. The Application may be downloaded through the online stores AppStore (for the iOS system) or Google Play (for the Android system).
2.3. Using the Application is free of charge, except for possible costs of data transmission resulting from agreements with telecommunication operators or other Internet providers concluded by the User, and from the scope of such data transmission.
2.4. It is not allowed to provide unlawful content and use the Application and Services in a manner contrary to the provisions of these Terms of Service, applicable legal provisions, good practices and rules of social co-existence. Specific provisions regulating inappropriate use of the Application and Services are described further in these Terms of Service.
2.5. Dash does not place on the Website or in the Application any offers filed in electronic form.
2.6. The Website, Application and their components, including design and content, are protected by the copyright or other rights related to intellectual property. Such elements may not be reproduced, distributed or published, as a whole or in parts, by the User without consent of Dash. In particular, the User is not allowed under the Terms of Service to reproduce, publish, lend, dispose of or otherwise redistribute the Application or Website elements, directly or indirectly, whether against charge or free of charge, otherwise than through Dash.
2.7. Upon installation of the Application, Dash grants the User the licence to use the Application for his/her own personal and non-commercial purposes and only within the frames of the functionalities of the Application, without the right to grant sublicences, which licence is non-transferable, non-exclusive and unlimited in terms of territory. No authorization, whether indicated expressly in the Terms of Service or implied, transfers any intellectual property rights belonging to Dash to the User or to any third person. This license is granted to the User upon the acceptance of these Terms of Service and remains effective at all times as long as the User holds the Account. Unless it is stated otherwise, any subsequent versions or updates of or other supplements to the functionalities of the Application are subject to these Terms of Service.
3.1. Subject to the provisions below, natural persons who have attained the age of 18 and enjoy full capacity to perform acts in law may be Users.
3.2. If the User is between the age of 16 and 18, he/she may use the Services in a scope in which he/she may assume rights and incur obligations in accordance with the legal provisions applicable to the User. If the legal provisions applicable to the User require that he/she may use Services only upon his/her legal custodian’s consent, upon the conclusion of the Agreement, at the latest, such legal custodian must give his/her consent to its conclusion and the use of the Services by the minor User.
3.3. The legal custodian of the User between the age of 16 and 18 is obliged, upon each request of Dash, to present the consent to conclude the Agreement and use the Services.
4. ACCOUNT AND AGREEMENT
4.1. In order to enjoy the Services the User must have an active Account. For this purpose he/she completes the registration procedure through the Application. Upon confirmation of registering the Account by Dash, an Agreement for an unlimited period of time is concluded between Dash and the User, provided that he/she has met the conditions prescribed by the Terms of Service (see: section 3 of the Terms of Service).
4.2. The Application may send functional messages and messages related to changes in the manner of use of the Services to the Users.
4.3. The User may delete his/her Account at any time without providing reason by sending a written request at firstname.lastname@example.org. Deletion of the Account is tantamount to termination of the Agreement with immediate effect, and means that the User resigns from the Services. If the User is not a consumer and has paid for a Package, the Fee will not be reimbursed.
4.4. The User is liable for what is happening on and also through his/her Account (unless a third party has broken into his/her Account). Therefore, the User may not share the Account with third persons, and is responsible for keeping his/her login and password confidential. If the User notices that an unauthorized person uses or has used his/her Account, then he/she is obliged to immediately notify Dash on this. The Account is also non-assignable and non-transferable.
4.5. When creating the Account, the User undertakes that by means of the Services, within the frames of the Application or the Website, he/she will not: (a) undertake any actions which may hinder or impede the functioning of the Services, or use the Services in a manner onerous to other Users, (b) undertake any actions to the detriment of other Users, third persons or Dash, (c) violate the provisions of the Agreement, Terms of Service or provisions of the applicable law, (d) use Scooters in violation of the recommendations referred to in section 6 of the Terms of Service or their technical and user specification.
4.6. Any infringement of the Terms of Service, through fault of the User and in the case of the Users being not consumers—also through no fault, may cause Dash respond in either of the following manners: (a) warning addressed at the User, (b) blocking access to the Account, (c) imposing stipulated damages, (d) removing the Account, (e) preventing the User from establishing the Account again, and thus using the Services.
5. USING THE DASH SYSTEM
5.1. Rental of Scooter(-s) proceeds by means of the Application.
5.2. The User may rent Scooters in a number each time stated in the Application.
5.3. In the case of Rental of more than one Scooter by the User, the provisions of the Terms of Service shall apply to each of the rented Scooters and the User shall be held liable for abiding them.
5.4. The User is obliged to ensure that persons actually using the Scooters rented by means of his/her Account abide by the Terms of Service. At the same time the User ensures that persons which are not authorised within the meaning of the Terms of Service will not use the Scooters. The User undertakes to immediately terminate the Rental if a third person for whom Rental was executed via User’s Account uses the Scooter in violation of the Terms of Service.
5.5. Before starting the Rental the User is obliged to become acquainted with the screen “How to ride”, how to use the Dash system and the technical and user specification of Scooter.
5.6. The User is also responsible, before selecting a Scooter to be rented, to make sure if it may be safely used, in particular if it has operating brakes and fully inflated tires. If despite detected faults of a Scooter the User carries out the Rental procedure and uses it, as a result he/she will be responsible for any further faults of the Scooter or damage resulting from this.
5.7. The User represents that he/she is aware that a Scooter is an electric device which requires constant charging of its batteries, and further undertakes to check the battery level of a Scooter before starting the Rental.
5.8. A Rental is not possible if the User fails to provide the details of his/her payment card and authorises it.
5.9. In the case of selecting a Scooter which is not available for use, e.g. due to too low battery, no access to the Internet, or otherwise is not operational, the User receives a message in the Application that the relevant Scooter may not be rented.
5.10. The User is authorised to use the Scooter only within the Zone. It is prohibited to use the Scooter beyond the Zone. At the same time, the User is obliged to select such route to be able to return the Scooter before it is discharged. The battery level and the time in which it is discharging depends on several factors (e.g. weather, ride speed etc.), thus the User should take into account that the range of the Scooter indicated in the Application is approximate.
5.11. The Scooter is returned by being docked in one of the docks available within a given Station.
5.12. If the User cannot dock the Scooter due to lack of free docks within the given Station, the User may return it by using an appropriate functionality of the Application which enables leaving it within 3 meters from the Station. The User may only use this functionality if there are no free docks within the given Station and he/she may not use it in any other case.
5.13. The functionality referred to in clause 5.9 above is free of charge.
5.14. In exceptional situations not connected with the operation of the Application or the Services, the User may leave the Scooter beyond the Station.
5.15. The return referred to in clause 5.11 below is carried out by means of the relevant Application functionality, against additional fee whose amount of which is indicated before the return and which must be accepted by the User in order to execute the return.
5.16. If the User wishes to carry out the return referred to in clause 5.11 above, the User is obliged to make sure that he/she leaves the Scooter in a place which is permitted under legal provisions and which does not compromise the safety of road traffic, pedestrians or third persons.
5.17. The User undertakes to pay any penalties, fines and other statutory charges, as well as any other costs or fees incurred by Dash in connection with the User’s leaving the Scooter in a place other than that indicated in clause 5.13 above.
5.18. Each User is authorised to rent the Scooter returned in a manner prescribed in clause 5.11 above. In the case of renting such Scooter and returning it to the Station, the User will receive a ride discount whose amount will be indicated before the rental and which will reduce the Fee for the given ride. The User is not authorised to demand payment of any additional amounts connected with the given discount if the Fee is lower than the given discount.
5.19. The User undertakes to return the Scooter in a technically operating, non-deteriorated condition, subject to normal wear and tear, as compared to the time the Rental started. Throughout the entire Rental time the User is responsible for the property made available to him/her.
5.20. The Fee is charged until the Rental ends.
5.21. If a given Station is unavailable for technical reasons, e.g. there is no power supply, it is not possible to return the Scooter. In such cases, the User should immediately contact Dash. If it is not possible to return the Scooter for reasons attributable to Dash, the Service Provider will block the charging of the Fee from the moment in which it should have been possible to return the Scooter, and in the case of charging an excessive Fee the Service Provider will reimburse the User for the overpayment. At the same time the User, if possible, is obliged to use the functionalities enabling him/her to return the Scooter beyond the station.
5.22. The use of Dash is limited to the Zone but no further than to the area determined by the maximum ride range resulting from the battery level of the given Scooter (the so-called Scooter usable area). If the User, despite a message in the Application stating the maximum ride range of the Scooter and at his/her own fault, causes the necessity of Dash’s incurring the costs of bringing the Scooter to the next Station, Dash may charge the User with such costs.
5.23. The User is obliged to have the possibility to contact Dash throughout the entire Rental time, in particular in the case of failure of the Scooter or the Station.
6. SCOOTERS AND SECURITY
6.1. When using the Scooter, the User is obliged to take into consideration and observe the following guidelines and technical and user specification of the Scooter, at the same time the User represents that he/she is aware that his/her safety depends on observance of the following guidelines:
6.1.1. the maximum speed of the Scooter is 25 km/h and it should not be exceeded, subject to clause 6.1.3 below;
6.1.2. the Scooter is suitable for a load up to 100 kg;
6.1.3. the Scooter may only be used on flat surfaces, without any steps, holes, gaps or other elements which make the track not flat;
6.1.4. the Scooter tires are not suitable for slippery and wet surfaces, therefore in winter and during a rain it should be used with greater care and the maximum speed may not exceed 10 km/h;
6.1.5. The User should not use the Scooter without a helmet;
6.1.6. the Scooter may not be used by a person whose health condition (e.g. dizziness, sight problems) prevent him/her from capably riding an electric vehicle;
6.1.7. it is absolutely prohibited to use the Scooter under the influence of alcohol, drugs, psychoactive substances or medicine after which it is not recommended to ride vehicles;
6.1.8. it is prohibited to use the Scooter in a manner which could be a hazard for pedestrians or other traffic participants;
6.1.9. it is prohibited to use the Scooter to race, jump, stunt ride or for the purpose of any other ride than conventional movement to a target;
6.1.10. the Scooter may only be used by one person, it is prohibited to carry additional persons or property with the Scooter;
6.2. Where the Scooter is used by a person other that the User, the User is obliged to ensure that the prohibitions and regulations prescribed in clause 6.1 above are respected.
6.3. In the Application Dash provides also a specific screen “How to ride”, how to use the Scooters, with which the User may become familiar at any time, in particular prior to each Rental.
6.4. In the case of any problem with the Scooter which hinders or prevents further ride, the User is obliged to stay at a safe place and immediately notify Dash on the situation.
6.5. It is prohibited to individually make any repairs, modify or replace parts of the Scooter.
6.6. The User is obliged to cover any costs related to restoring the Scooter to its initial condition from before the Rental and caused by inappropriate use of the Scooter by the User, subject to changes in the Scooter resulting from normal wear and tear.
6.7. The User shall be held liable for any violation of the Terms of Service in connection with the use of the Scooter rented via the Account of such User.
7. FEES AND PAYMENTS
7.1. Scooters shall be used against charge on the terms and in the amounts prescribed in the Pricelist. Prices are expressed as gross amounts and include VAT at a rate prescribed by the applicable provisions.
7.2. Dash provides for one payment method, i.e. charging a Visa or MasterCard payment card authorised by the User in the Account. When authorising the card the User agrees that it will be charged with due Fees, also with Fees for a third person for whom the Scooter was Rented via the Account of the relevant User.
7.3. In the case of card payments the execution term is calculated from the moment of a positive authorization of the transaction.
7.4. Upon starting the Rental funds in the amount of PLN 1 (one zloty) may be blocked on the User’s payment card.
7.5. If it is necessary to reimburse the funds for a transaction carried out by the User with the payment card, Dash will make the reimbursement to the bank account assigned to the User’s payment card.
7.6. Payments are made through the Payment Operator.
7.7. Adding a payment card to the Account is tantamount to expressing consent to direct debits.
7.8. If the Fees charged for a ride exceed the funds available on the bank account, they will be recorded on the account as negative balance. Until the missing Fee is covered the User may not use the Services. If the User exceeds the funds on the bank account, Dash may block his/her User Account.
7.9. Upon consumer’s request an invoice for a sold Service will be issued.
7.10. The Fees presented in the Pricelist may be changed (e.g. within the frames of a special offer). Yet the Fees may not be changed against the User who had accepted the terms and conditions of ride within a given Rental in the manner indicated in the preceding clauses of the Terms of Service before the price change was effected. Any change of the Pricelist is applicable from the next Rental, unless the User terminates the Agreement before.
8.1. Dash provides the Users with the Application and the infrastructure which comprises Scooters and Stations and ensures their effective technical operation and is responsible for that.
8.2. The User undertakes, throughout the entire Rental time, to properly secure the Scooter against damage.
8.3. Dash is not liable for any effects of events resulting from violation by the User of the applicable law during the Rental. If the User violates the legal provisions, including the relevant road traffic provisions, the User will be obliged to incur any fines or penalties to which Dash has not contributed.
8.4. Dash will not be liable for any damage caused by the User failing to comply, through his/her fault (and in the case of Users who are not consumers also through no fault), with the provisions of the Terms of Service, including any injuries or harms suffered by the User in the course of using the Scooter if they result from other reasons than the Scooter being not technically operational.
8.5. During the Rental the User is liable for any damage to the Scooter or the Station attributable to him/her or persons actually using the Scooter rented via his/her Account and which could be prevented by him/her, and Dash may claim that the User pay stipulated damages in the cases prescribed in the Terms of Service and repair the resulting damage, on the terms prescribed in the legal provisions.
8.6. Dash may charge the User with stipulated damages in the following cases:
8.6.1. if the Scooter is left beyond the Zone—in the amount of PLN 200 (in words: two hundred zlotys;
8.6.2. in the event of loss, wilful taking or misappropriation of the Scooter by the User or a third person with co-operation of the User—in the amount of PLN 3,000 (in words: three thousand zlotys);
8.6.3. in the case of destruction or damage of the Scooter in a manner excluding it from current use under the Services—in the amount of PLN 1,000 (in words: one thousand zlotys);
8.6.4. in the case of destruction or damage of a stand, i.e. an element of the Station used to dock a Scooter—in the amount of PLN 4,000 (in words: four thousand zlotys);
8.6.5. in the case of destruction or damage of the Station in a manner excluding it from current use under the Services or preventing operation of some of its functionalities—in the amount of PLN 50,000 (in words: fifty thousand zlotys).
8.7. Apart from the stipulated damages, Dash may claim damages against the User in excess of the amount of the relevant stipulated damages, on general terms.
9. SPECIFIC PROVISIONS
9.1. The Users who are not consumers are subject to the following specific provisions of the Terms of Service:
9.1.1. Dash will not be liable for any harm or loss suffered by the User caused by a mechanical defect of the Scooter;
9.1.2. Dash will not be liable against the User for any damage resulting from unintentional fault and will not be liable for any lost profits;
9.1.3. if the Scooter is returned with damages caused during the Rental, Dash will charge the User with the costs of standstill of the Scooter (the average amount of Fees for using one Scooter from the day preceding the standstill multiplied by the number of days necessary to repair the Scooter), as well as an equivalent of direct and indirect costs necessary to repair the damaged Scooter.
10.1. The User may file a complaint concerning the Services, including the technical operational condition of Scooters. The complaint should include at least details enabling identification of the User, ride (in particular the ride date) and state reasonable reservations and comments concerning the Services. Complaints may be filed in line with the rules and general provisions of the law, as well as through the Customer Support of Dash available at +48 22 397 16 95 or via e-mail email@example.com
10.2. The complaint should be filed no later than within 14 days from the occurrence of the event which is the subject matter of the complaint.
10.3. Dash will consider the complaint within 14 business days, unless the User failed to describe the subject matter and scope of complaint in a manner enabling its consideration or failed to provide data enabling his/her identification. In such a case, the term for considering the complaint is counted from the date on which the User provided Dash with missing information.
10.4. Dash provides the response to the complaint to the address indicated by the User in the complaint or in another form selected by the User (phone/e-mail address).
11. USER SERVICE
11.1. Each User may contact the Dash Customer Service via phone between 7:00 a.m. and 9:00 p.m.
11.2. If the problem reported to the Dash Customer Service refers to technical issues or defects of a Scooter, when filing a report the User should provide the ID of the relevant Scooter and his/her location, so as a member of the Dash technical support team could effectively detect the defective Scooter and immediately repair the fault.
11.3. If the report refers to an error in the Application, the User should describe it as close as possible, so as Dash could immediately proceed to remove it.
12.1. The User may withdraw from the Agreement concluded with Dash under the legal provisions, without providing reasons, within 14 days of concluding it. The deadline is deemed observed if prior to its lapse the User sends a declaration on withdrawing from the Agreement.
12.2. A consumer does not enjoy the right to withdraw from an agreement concluded beyond an enterprise’s facility or from the remote with regard to service agreements if the entrepreneur provided the service fully upon express consent of the consumer who has been informed before starting the performance that upon completion of the performance by the entrepreneur he/she will lose the right to withdraw from the agreement.
13. AMENDMENT TO THE TERMS OF SERVICE
13.1. Dash may amend these Terms of Service due to material reasons, whether legal (change of generally applicable legal provisions related to Dash’s activity or change of the Service Provider’s business form) or technical (modernization of the infrastructure of, for instance, the Application, Stations or Scooters). The reason for any amendment to the Terms of Service is each time provided in the manner described below.
13.2. The Users will be notified on any amendment to these Terms of Service by an e-mail sent 7 (seven) days before the new wording of the Terms of Service comes into effect. In this time the User who is not a consumer must accept the Terms of Service again or refuse to accept them. If in turn the User who is not a consumer fails to terminate the Agreement by the said date, he/she is deemed to have accepted the Terms of Service in their amended wording without reservations.
13.3. Any Rentals started prior to the effective date of an amendment to the Terms of Service are processed in accordance with the content of the Terms of Service as applicable at that date. Amendments to the Terms of Service may not infringe the acquired rights of Users.
14. FINAL PROVISIONS
14.1. The governing law for liabilities resulting from the Terms of Service is Polish law. Any Agreements are concluded in the Polish language.
14.2. A consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which a consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm
14.3. A consumer may also take advantage of out-of-court means of considering complaints and seeking claims by submitting his/her complaint through the EU ODR online application available at: http://ec.europa.eu/consumers/odr/
14.4. If the User resigns from taking advantage from ADR or ODR, any disputes arising out of the Terms of Service or Rental agreements will be settled by a common court with the jurisdiction determined with the use of the rules as prescribed by a legal act applicable to the User being a consumer.
14.5. Any disputes arising between Dash and the User not being a consumer are referred to the court with the local jurisdiction over the registered office of Dash.
These Terms of Service come into effect as of: 1 May 2019