TERMS OF USE
Valid from 01.06.2023
FOR USERS OF THE SERVICE
Introductory remarks
- Terms of use for users of the service (hereinafter: Terms of use ) represent a legally binding document for all users/clients who wish to use the services of the company e-GO doo Sarajevo, ID number: 4203120250003, with headquarters in Rajlovačka bb Street, 71 000 Sarajevo, Bosnia and Herzegovina (hereinafter: Society ).
- Before establishing a business relationship and using the services, you need to accept the Terms of Use in the following text, together with the Privacy Policy .
Definitions
In the text below, certain terms have the following meanings:
- e-go or Company – represents the company e-GO doo Sarajevo, ID number: 4203120250003, with its headquarters in Rajlovačka bb Street, 71 000 Sarajevo, BiH, which operates in accordance with the laws of Bosnia and Herzegovina and which is a service provider.
- e-GO services – represents the services offered by the Company, which are subject to the regulation of these Terms of Use.
- Service user – represents a driver who uses the Company’s services through the e-GO application and platform. Each Service User has his own special account on the basis of which he uses e-GO services.
- e-GO application – is an application intended for smartphones through which Service Users use the e-GO service
- e-GO platform – the e-GO platform is a technology that enables Service Users to use the e-GO service more efficiently,
- Intellectual property right – the entire right of ownership over any part of the service, which is not limited to copyright and trademark rights, as well as other intellectual property rights, will remain the property of the Company. No part of the Terms of Use or the business relationship constitutes or shall be deemed to transfer or grant any intellectual property rights to the User of the Service.
- Laws – all positive legal and by-law regulations in BiH applicable to the contractual relationship between the Company and Service Users, and the manner and type of use of services, Vehicles, e-GO applications and platforms, together with all traffic and safety regulations that define this area.
- Agreement – an agreement between the Company and the User of the service concluded by accepting these Terms of Use, with all rights and obligations arising from it.
- Fee – represents the amount that the User of the service pays to the Company for the services provided.
- Payment method – represents the way in which the service is paid for, such as bank cards (Visa, Mastercard, Maestro) or other forms of payment supported by the Company and its business partners.
- User account – is an account opened by the Service User in order to be able to use the Company’s services.
- Privacy Policy – represents the Privacy Policy, which establishes the basic principles and methods of processing the personal data of the User of the Service, and which forms an integral part of these Terms.
- Vehicle – represents the vehicle driven by the Service User when using the Company’s services, all in accordance with the applicable regulations.
Establishing a business relationship
- Before starting to use the services, the Service User must register through the e-GO application and platform, and submit and enter the required information and relevant documentation. After successful registration, the Company will enable the Service User to access and use e-GO services.
- By registering to use e-GO services, the Service User guarantees that:
- has fully read, understood and accepted the Terms of Use of the e-GO service together with the Privacy Policy, as well as all obligations arising from them;
- all information submitted and entered into the e-GO application and platform is accurate and up-to-date;
- will use your User Account up-to-date and have all the correct information on it;
- will not allow other persons to use his account and e-GO services through his account;
- will not use e-GO services in an illegal, fraudulent or unauthorized manner or abuse e-GO services, e-GO application and platform or Vehicles in any way;
- will at all times, when using e-GO services, act in accordance with all applicable laws;
- undertakes to enter and deliver accurate information about the account from which payments for the services used will be made, and that the Company will not be liable for any type of damage that may occur due to the failure to provide incomplete or incorrect information;
- is at least 19 years old;
- to possess all valid necessary permits and documents for driving a vehicle for a minimum of 1 year;
- is physically and mentally capable of driving the Vehicle, and that he is obliged and capable of applying and complying with all traffic rules in accordance with existing legislation.
Obligations of the Service User:
- The service user is obliged to use the services in a way that is fully compliant with all applicable legal regulations. The user of the service is solely responsible for violations of any regulations when using the e-GO application and platform as an e-GO service, which relate to damage caused to third parties, property, as well as any other type of damage or violation of rights arising as a result of using e-GO services and the e-GO application and platform.
- The user of the service is obliged to provide all the necessary permits for driving the vehicle, including a driver’s license, insurance policy and other documents if necessary.
- The service user is obliged to pay all fees and fines received from his illegal use of the e-GO service, Vehicle and e-GO application and platform. The costs of fines due to traffic violations, illegal parking or other violations incurred or caused during the use of e-Go services, regardless of when they were established or due, are obliged to be paid by the Service User, regardless of whether you charge the Company or the Service User.
- The service user is obliged to report any damage, theft or personal injury to the competent local police department within 24 hours from the moment of occurrence of the harmful event.
- In the event of a traffic accident, damage, breakdown, theft, theft, malfunction of the vehicle and other similar circumstances, the service user is obliged to act as follows:
- keep the vehicle until it is taken over by the Company (if applicable);
- record names, addresses and contact numbers of participants and witnesses;
- take a picture with your mobile phone and send it to the email address [email protected]
- call the competent police authority and secure their records, except in the case of operational malfunction;
- make a statement about the event without delay at the Company’s headquarters or by phone; In the event that the User does not provide a police report, all the cost of compensation for damages related to the damage or loss of the vehicle shall be borne by the Service User in full, regardless of the Service User’s fault for such an event;
- The Company has the right to report the User’s data to the competent police authority, during and after driving, it was established that the vehicle was damaged, broken down, inappropriately behaved, etc Also, the Company has the right to report the User’s personal data to the competent police authority for all misdemeanor fines, illegal parking, towing or spider services, as well as other traffic violations, which were established during the use of the CarSharing vehicle services by the User, as well as the responsibilities that resulted to the damage of Social property;
- The user of the service acknowledges that in case of negligent treatment of the Vehicle or documents, and in other cases provided for by the insurance rules or the law, he may be charged with a recourse claim from the vehicle insurer. nsurance against theft is not valid in cases where the Service User does not have documents and in cases without a police report. There is no full insurance in case of theft or accident. The basic condition is that the damage was not caused by a violation of legal regulations. In the event of a traffic accident, theft or damage, a police report is mandatory. Without a police report, the Service User assumes full responsibility. The user of the service is responsible for all damage to the vehicle that he or his authorized driver caused under the influence of alcohol or drugs, if the damage was caused intentionally or as a result of rough or careless driving, if the driver did not have a valid driver’s license at the time of the damage or there was a protective measure prohibiting driving the motor vehicle. by vehicle, etc.;
- The service user is responsible for any damage caused to the Vehicle, and is obliged to restore the Vehicle to its previous condition, and if this is not possible, then compensate for the damage caused to the same.
- The user undertakes that after using e-Go services, he will return the vehicle correctly and undamaged, with all documentation, tires, tools, mandatory, standard and additional equipment, as he received it.
- The service user is obliged to inspect the vehicle before using the services and is not allowed to use the vehicle if it has any damage or defects. Such damage or defects must be reported immediately.
- The service user is responsible for using the Vehicle in a correct and legally approved manner, and it is especially prohibited to:
- drive a vehicle if under the influence of alcohol or other intoxicants.
- use other locking methods than the one prescribed by the Company.
- park the vehicle in a place that is not marked as an “e-Go” parking place. Information about the Company’s parking locations is available to the Service User through the e-GO application and platform.
- using the Vehicle without appropriate protective, legally prescribed, equipment (such as: spare tire, tools, mandatory, standard and additional equipment).
- drive the Vehicle outside the state borders of Bosnia and Herzegovina.
- use the Vehicle for illegal purposes, such as committing criminal acts, customs, foreign exchange or other violations or other illegal actions;
- reload the Vehicle with cargo or passengers.
- use the Vehicle to transport materials, objects or things that can damage or pollute the vehicle, for example animals, easily flammable materials, above-average dirty things or things with an unpleasant smell; races, motor sports or other similar competitions; driver training, etc.
- The user of the service is aware that in certain situations, there may be additional security conditions that must be met that are not specifically indicated in these Terms of Use, and he is obliged to comply with them, and non-compliance with them is in no case the responsibility of the Company.
- The user of the services is responsible for the correct and legal parking/disposal of the Vehicle after using it, in the places designated for parking the Vehicle by the Company.
Payment
- In order to use the Company’s services, the Service User is obliged to pay for the use of e-GO services. Payment via a saved bank card (Visa, Mastercard, Maestro) must be made with a card that has a valid expiration date before registering for the service.
- When rescuing the card in the e-GO Application, the user gives consent to e-GO d.o.o. to be able to automatically charge overdue funds from the user’s card.
- All payments are in convertible marks. For any delay in payment, the Company has the right to charge statutory default interest.
Processing of personal data
- All personal data of the Service User is collected, processed and stored in accordance with the Privacy Policy , which is an integral part of these Terms.
- By accepting these Terms of Use, the Service User fully accepts and understands the way personal data is collected and how it is treated.
Limitation of liability
- The Company, the Company’s director, the Company’s owner/s, the Company’s employees, as well as any other authorized persons of the Company are not responsible for any losses or damage to the Service User caused when using e-GO services, Vehicles, e-GO applications and platforms, including , but not limited to:
- direct or indirect loss of property or money of the Service User;
- loss of profit, lost profit, reputation of the Service User;
- loss of Service User data,
- any other form of loss that provides a legal exemption from liability.
- Any liability on the part of the Company that may be incurred by the Service User is limited.
- The user of the service is responsible for any violation of the Terms of Use and any illegality committed when using e-GO services, Vehicles, e-GO application and platform, and is obliged to immediately stop such illegality after receiving notification of the illegality committed.
Insurance
- The company has a liability insurance policy in case of injury to the Service User.
Termination and suspension of e-GO services
- The Terms of Use begin to apply to the Service User and the Company, immediately after the Service User submits a request for the service and accepts these Terms of Use together with the Privacy Policy.
- The service user can terminate this Agreement by sending a request to the Company 7 (seven) days in advance.
- The Company may terminate the contract with the Service User for reasons of a discretionary nature by sending a notice 3 (three) days in advance.
- The Company has the right to immediately terminate the contract and suspend the User Account in the event that it determines a violation of the Terms of Use and Privacy Policy, laws and all other applicable regulations relevant to the services provided by the Company.
- The Company is authorized to temporarily suspend the User Account in the event of an investigation by the competent authorities. The user account is reactivated after the investigation is completed.
- In the event that the Company notices that the use of e-GO services or the e-GO application and platform or Vehicle by the Service User is in accordance with the minimum standardized conditions for their use, the Company has the right to terminate the relationship with the Service User without further special notices and explanations.
Changes to the Terms of Use, Governing Law and Dispute Resolution
- The terms of use come into force and are applicable from 01.06.2023. years.
- These Terms of Use are subject to changes, about which the Users of the Services will be notified via e-mail and other applicable forms of communication.
- Everything that is not regulated by these Terms of Use, the provisions of the Law on Obligations of FBiH and the Law on Obligations of Republika Srpska apply.
- The applicable law is the law of Bosnia and Herzegovina.
- All possible disputes arising between the Company and the Service Users will be tried to be resolved peacefully. In the event that this is not possible, the jurisdiction of the Municipal Court in Sarajevo is contracted.
Contact
- For all questions or requests regarding the Terms of Use, you can contact the email: [email protected]