User Agreement & Waiver of Liability and Release
This User Agreement and Waiver of Liability and Release (collectively, the “Agreement”) is a legally binding agreement between you and Roll Technologies Inc., its predecessors, successors, affiliates and subsidiaries (“Roll”) that governs your access to and use of any and all products and services of Roll, including but not limited to: 1) official website of Roll (https://www.rollscooters.com/), 2) mobile application of Roll (“App”), 3) electric scooters and electric bikes (“Vehicle”), and equipment, products and services that relate to or concern the rental or use of Vehicle, 1) through 3) collectively the “Services”.
BY SIGNING UP WITH ROLL AND USING SERVICES, YOU ACKNOWLEDGE THE FOLLOWING:
• You have read carefully, fully understood, and voluntarily accepted all terms and conditions of this Agreement including any amendments thereto.
• You represent and warrant that you are at least 18 years old and have the right and capacity to enter into this Agreement.
• You consent to receive communications from Roll electronically.
Highlights: To facilitate your understanding of this Agreement, we have highlighted some of the most important terms below:
• WAIVER: you are solely responsible for operating the Vehicle and waive all claims from using Services.
• Age: you must be 18 or older to ride the Vehicle.
• Helmet: you must wear a helmet when riding.
• Training: Training for the first ride is highly recommended.
• Safety Routine: Check the Vehicle, weather and road condition before riding and start off slowly.
• Responsible rider: Put down your cell phone, coffee cup and headphone. No one-handed rides and listen to what is around you. Follow all traffic rules and be aware of surrounding traffic, especially at intersections. Do not ride on sidewalk unless local law permits.
• Speed: Not to be greater than 16 km/hr, slow down when necessary.
• Park the Vehicle at safe locations and outside of public pathways and private properties.
• Contact Roll immediate if you run into any issues.
1. WAIVER AND RELEASE OF LIABILITY You acknowledge that use of Roll’s Vehicle and any related equipment or materials, is an inherently dangerous recreational activity. You, on behalf of yourself, family, heirs, agents, affiliates, personal representatives, successors, guardians and assigns (collectively the “Releasing Parties”), agree to release Roll and the Released Parties (as defined below) from any and all injuries, demands, losses, damages, costs, loss of service, expenses, compensation, claims, suits, causes of action, obligations, rights, and liabilities of any nature, type, or description, whether known or unknown, contingent or vested, in law or in equity, including but not limited to, property loss or damage, personal injury or loss of life, based on direct or vicarious liability, regardless of legal theory (collectively the “Released Claims”), that: (a) relate to, and based on, concern, or arise out of your use of a Vehicle, any Service, the App, website and/or material of Roll; (b) relate to, and based on, concern, or arise out of any of the equipment that Roll provides to You. “Released Parties” as used herein means Roll, and each of their respective current and former parents, subsidiaries, divisions, and current and former affiliated individuals and entities, legal successors, predecessors (including companies they have acquired, purchased, or absorbed), assigns, joint venturers, and each and all of their respective officers, investors, partners, directors, servants, agents, shareholders, members, managers, principals, investment advisors, consultants, employees, representatives, attorneys, accountants, lenders, underwriters, and insurers. This Release is intended to be general and complete release to all Claims and all Released Parties may plead the existence of this Release as a full and complete defence and indemnity to any Claim. Releasing Party elects to and does assume all risks for Claims known or unknown, suspected or otherwise, heretofore arising from the use of Roll Vehicle, Services, equipment and anything relating to such use. YOU ACKNOWLEDGE THAT YOU ENTER INTO THIS RELEASE FREELY, KNOWINGLY, AND VOLUNTARILY, AND THAT YOU INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND WAIVER OF ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES.
2. REQUIREMENT OF YOU
a. Age: You represent and certify that you are at least 18 years old.
b. Do Not Share Vehicle: You and Roll are the only parties to this Agreement. You represent, warrant, and covenant that you will be the sole user of this Vehicle and will exclude others from using this Vehicle during activation through your account. Permitting another person to use Vehicle activated by you constitutes a material breach of this Agreement. Roll bears no contractual obligations or duty of care toward anybody who is not the account holder.
c. Be a Competent Rider: You represent and warrant that you have reviewed the safety materials provided in the App and on Roll website, are familiar with the operation of the Vehicle, and are reasonably competent and fit to ride the Vehicle. By choosing to ride a Vehicle, you assume all responsibilities and risks for any injuries or medical conditions.
d. Call for Assistance: You must contact Roll immediately if you have any difficulties when operating the Vehicle, including but not limited to: i. Uncertainty or questions about any function of the Vehicle; ii. Damage and/or malfunction of the Vehicle.
e. Training: If you lack experience or skill of driving vehicles or riding bicycles, we urge you and it is your sole responsibility to complete training provided by us online or in person prior to your first ride. If you choose to skip the training, you will be fully responsible for any losses or damages as a result of lack of training.
a. Proper Equipment: You must wear a fit helmet that meets requirements in accordance with the Highway Traffic Act or Motor Vehicle (Safety) Act, and fasten it in accordance with the manufacturer's instructions. You will also wear suitable footwear (high heels and sandals are strictly prohibited).
b. Safety Routine: Prior to each ride, you represent, warrant and covenant to conduct routine safety inspection of the Vehicle including but not limited to the following steps: i) proper direction of wheels; ii) safe operation of all brakes and lights; iii) good condition of the frame; iv) sufficient battery power; and v) any sign of damage, disrepair, unusual condition, mechanical issues, or maintenance need. You agree not to use a Vehicle showing any deficiency or safety concern and must report such vehicle to Roll immediately.
c. No Use under Inappropriate Circumstances: You represent, warrant, and covenant that you will not use the Vehicle under any inappropriate usage and is fully responsible for identifying and determining inappropriate circumstances, taking into consideration all conditions including but not limited to weather, road conditions (unpaved roads, water, uneven terrain, highways etc.), mental capacity, physical fitness (such as pregnancy and heart condition etc.), surrounding environment (crowd etc.), visibility, traffic, etc. You acknowledge that Roll makes no representation, warranty, covenant, or guarantee with respect to the conditions of the surrounding environment during your use of the Vehicle.
d. Speed: You agree to adjust speed of the Vehicle in accordance with your surroundings. Roll highly recommends that you operate the Vehicle at a speed under 16 km/hr at all times for the safety of yours and others around you. In crowded areas or areas with heavy traffic, Roll highly recommends you to operate the Vehicle at approximately 5km/hr.
e. Heavy Objects: If you are carrying heavy objects onto the Vehicle, Roll urges you to ensure that the objects do not impair your ability to safely operate the Vehicle prior to the ride.
f. No one-handed rides: You agree to operate the Vehicle using both hands with one hand on each handlebar at all time during a ride. You must never operate the Vehicle using only one hand.
a. Vehicle Availability: You acknowledge that Vehicle is only available during its business hours, which is determined by Roll from time to time. You agree to return the Vehicle to Roll at any time upon request. While Roll is dedicated to offer excellent user experience, Roll cannot guarantee the availability and quantity of Vehicle in your area.
b. Geographic Area: You agree to use the Vehicle only in specifically allowed areas and agrees to keep the Vehicle in the service areas at all times.
c. Weight Limit: You agree to limit the weight on the Vehicle to 250 pounds at all times.
d. As-Is Condition: Vehicles are provided to you on an “as-is” basis. It is your responsibility to only use Vehicle in proper and safe condition.
e. Vehicle Battery: Since the Vehicle is an electric vehicle that operates on chargeable battery, you acknowledge and agree to the following: i. Roll does not guarantee the level of battery power in a Vehicle. You are fully responsible to check the level of battery power before initiating the use of a Vehicle. ii. The level of battery power will decrease during the ride and may affect the Vehicle’s operation. Roll does not guarantee the rate of loss of battery power and the rate may vary depending on many factors such as the specific Vehicle, speed, road condition etc. Roll does not guarantee the length of the ride that can be supported by the Vehicle’s remaining battery power and you are fully responsible for constantly checking the battery power and plan your ride accordingly. You acknowledge and accept that the Vehicle battery may run out of charge power and may cease to operate at any time during your use. iii. When the battery is out of power during a ride, you shall cease use and park the Vehicle properly. It is Roll’s responsibility to charge the Vehicle, and you should not attempt to charge it.
f. 24 Hour Rules: You cannot rent the same Vehicle for more than 24 hours without return. You represent, warrant, and covenant to return the Vehicle within 24 hours in proper parking position and location.
g. Parking: You shall park the Vehicle properly after a ride and take picture(s) of the parked Vehicle to upload to your account. You shall park the Vehicle in upright position using the kickstand in visible lawful parking spots.
h. Gentle Use: You agree to use the Vehicle gently and return the Vehicle in normal working condition. You will not be responsible for ordinary wear and tear.
i. Exclusive Property of Roll: You acknowledge that the Vehicle and any other equipment provided (such as helmet, if applicable) are the exclusive property of Roll. You shall be restrained from any activities outside of normal personal riding of the Vehicle, and shall not tamper with or alter the Vehicle or any equipment in any way, shape or form.
j. Restrictions in Use: i. You represent, warrant, and covenant not to use the Vehicle for any commercial purpose, including but not limited to delivery, advertising, for hire or reward etc. ii. You represent, warrant, and covenant not to use the Vehicle for racing, stunts performance, or in violation of any law, rules, policies or regulations.
k. Laws of Use of Vehicle: You agree to follow all laws pertaining to the use, riding, parking, charging, and/or operation of the Vehicle. You also agree to act with courtesy and respect toward others while using the Services.
l. Compliance: You represent, warrant, and covenant to use the Vehicle in compliance with all applicable laws, regulations, and rules. You are obligated to be familiar with the applicable laws, regulations, and rules of the jurisdiction in which you are operating the Vehicle.
m. Tracking: You agree that Roll may track your location and route while using the App to provide Services to you.
n. Limited Scope of Services: The availability and scope of the Services may change with or without notice to you. Roll reserves the right to limit it Services to certain time period, geographic region, or population.
5. NOT COMMON CARRIER: You acknowledge that Roll is not a common carrier. Alternative means of public and private transportation are available to the general public and to you individually. Roll’s Services are only provided for recreational convenience.
6. PROHIBITED ACTS: For safety reasons, you agree to strictly follow the terms as set out below:
a. Do not place any object on the Vehicle handlebar.
b. Do not place any object (i.e. backpacks, bags etc.) on the Vehicle that impedes your ability of safe operation.
c. While using the Vehicle, do not use cellular telephone, text messaging device, portable music player, or any other device that may distract yourself from operating the Vehicle safely. Listen to what is around you and do not use headphones.
d. Do not use the Vehicle while under the influence of drugs, alcohol, medication, and/or any other substance that may impair your ability to use the Vehicle safely. You may be deemed as operating a vehicle under the Highway Traffic Act or Motor Vehicle (Safety) Act, and face consequences such as provincial offence charges, impoundment and fines.
e. Only one person is allowed on the Vehicle at a time. No second person or pet is allowed.
f. Do not park Vehicle in locations that are not permitted, including but not limited to public right of way (sidewalks, drive ways, bike lane, access ramps, entrances, etc.), fire hydrants, and private properties etc.
g. Do not chase people while using the Vehicle.
With respect to our users in City of Calgary only: In addition to the above, you acknowledge and agrees that you will only operate the Vehicle on the City of Calgary’s sidewalks, exclusive bicycle lanes or pathways. You will not operate the Vehicle on or in the roadway areas, except in exclusive bicycle lanes and crosswalks, in accordance with Bylaw 26M96, including but not limited to section 44(1)(3).
7. MANDATORY REPORT: You must report to Roll immediately when any of the following occurs: accident, damage to Vehicle, malfunction of Vehicle, personal injury, traffic violation, lost Vehicle, technical difficulty of Roll App that affects the use of Vehicle, or any other situation that a reasonable user would consider as advisable or necessary.
8. YOUR ROLL ACCOUNT
b. Accuracy: You represent, warrant, and covenant that all information provided by you is accurate and complete at all times.
c. Security: You shall keep your Roll account log-in credentials confidential at all times and inform Roll immediately for any unauthorized use of your account. Roll is not responsible for any losses caused by unauthorized use of your account.
d. Account is for You Only: You agree not to let another person use your Roll account or rent a Vehicle using your account. You will be held responsible for all use of Services in connection with your account, including but not limited to personal injury and damages to property caused by Vehicle rented under your account credentials.
g. No Obligation to Co-operate: It is at Roll’s sole and absolute discretion, to release to any user, the data or other information that is not available under the user’s account profile. Subject to Roll’s unfettered discretion, Roll may certify any user data or other information when the following is satisfied: i. Roll can reasonably verify the accuracy of the data or other information as requested; ii. The user provides Roll with the required written authorization; iii. The user pays the required certification fees.
9. FEES AND COSTS
a. Fees: Roll will charge you based on prices set out in the App, which may include a fixed start fee and a variable fee based on time with applicable taxes (price is subject to change from time to time, and you are responsible for reviewing the price on the App prior to each ride). You hereby authorize Roll to charge payable amount via your pre-authorized credit card, debit card, or any other agreed upon payment method in your profile in the App.
b. Extra Fees and Charges include but are not limited to the following: i. Roll deems Vehicle that is not returned or parked in proper position and location within 24 hours after activation to be stolen and is entitled to a charge of up to $1,000.00 for each Vehicle and to file a police report. ii. Aside from the municipal charges that my apply, Roll may also charge you up to $200.00 per Vehicle for not parking in proper position or location. iii. Vehicle damages caused by improper use for a charge of up to $1,000.00. iv. In case of Vehicle impoundment, Roll is entitled to a charge of up to $1,000.00 plus applicable fines. v. Cost and/or administrative charges for any other Vehicle violations. vi. Logistic Fee: In its sole discretion, Roll may provide special logistic assistance for an additional charge. For example, if you cannot return and park the Vehicle in a permitted area, and contact Roll for assistance, Roll may agree to pick up the Vehicle for a fee determined on case by case basis. vii. Interest to be accrued on the outstanding balance of your account at 24% per annum.
c. Promotional Offer: Roll may offer promotional discount/code from time to time and terms and conditions may apply. Roll reserves the right to interpret the terms and conditions. Promotional offers may not be transferable and have no cash value.
d. Calculation of Time: The fees start to accumulate when the Vehicle is unlocked and cease to accumulate when you end the ride properly in the Roll App. It is your responsibility to follow instructions in the App and terminate the riding session properly to avoid continued charges. If you abandon the Vehicle, Roll will continue to charge you until the Vehicle is properly recovered and locked plus any administrative fees to recover the Vehicle.
e. Payment Information: You shall provide Roll with all required payment information prior to first ride, such as card holder name, card number, expiration date, billing address etc.
f. Verification: To confirm the validity of payment information, Roll will process an authorization hold with no charge to you. You shall update Roll with respect to all changes of the payment method in a timely manner.
g. Invalid Payment Information: If your payment information is invalid or expired, or if your Roll account is canceled, you hereby authorize Roll to continue the billing and will be responsible for full payable amounts including any additional costs incurred during fee collection.
h. Third Party Fines: You are fully responsible for any payable tickets, fees, fines, late payments, court costs, and penalties as a result of your use of the Vehicle. You hereby authorize Roll to make any payment on your behalf in its sole discretion, and charge you for equivalent amount plus reasonable administrative fees.
i. Collection: If Roll retains a third party to collect or recover any outstanding balance from you, you agree to pay for costs including but not limited to third party service fees, legal fees, and administrative fees etc.
j. Dispute of Fees: If you wish to dispute any charged amount, you must submit the disputes to Roll in writing within 10 calendar days of the date of the charge. Roll will collect necessary information from you and determine whether the charge will be reconciled. Failing to submit a dispute within 10 calendar days, you are deemed to have waived the dispute and accepted the charge to be final.
10. USE OF INTERNET & DATA a. Unlocking Vehicle: You acknowledge that you will need a mobile device that is compatible with the App and with data to unlock a Vehicle. Roll may update or change its App and system from time to time. Roll does not guarantee that the App will be compatible with your mobile device. b. Use of Internet: You may be charged by your internet provider for network use or data transmission when using the Service. Please consult your internet provider for more information. c. Third Party Links: Roll’s website or App may contain hyperlinks to third party websites. You acknowledge that the hyperlinks are provided to you for your convenience only. You agree to use the third-party websites at your own risk and take full responsibility of any losses or damages caused by such use.
a. Roll may, in its sole discretion, unilaterally terminate the Services and close your Roll account at anytime with or without any notice to you.
b. You may terminate your use of the Services at any time by closing your account or ceasing to use the Services.
c. Upon termination, you acknowledge and agree to the following: i. All terms, conditions, and provisions in this Agreement shall survive the termination of this Agreement. ii. Roll reserves the right to charge you additional fees arising from the use of your Roll account or your use of the Services, which fees and/or charges are discovered after the termination or closing of your account.
12. USE OF ROLL IDENTIFIERS: Without prior written consent from Roll, you shall not use Roll’s trademarks, name, logo, slogan, trade names, or any other identifiers in any way for any purpose.
a. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement in relation to this Agreement, and engage in good faith negotiations. Unless otherwise stated in this Agreement, if the parties do not reach a full resolution within 60 calendar days, any outstanding issues must be resolved by binding and final arbitration in accordance with the Arbitration Act. The parties further agree that any arbitration shall be conducted in the individual capacity only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
b. Roll reserves the right to bring claims against you for causes including but not limited to default in payment upon request, breach of this Agreement, unauthorized use/modification/damage of Vehicle or equipment etc.
a. Entire Agreement: This Agreement, together with its recital and schedule/appendix, if any, which are hereby incorporated by reference, constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and preliminary agreements.
b. Severability: If any provision of this Agreement, which is prohibited or which is held to be void or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof. The remaining provisions and any application thereof shall continue in full force and effect without being impaired or invalidated in any way.
c. Currency: Unless otherwise indicated in this Agreement, all monetary values set forth in this Agreement shall be deemed to be denominated in Canadian dollars.
d. Amendment: Roll reserves the right to amend this Agreement at any time, in its sole discretion. We will notify you of material changes of this Agreement on your Roll account. If you do not accept the changes, please cease to use the Services.
e. Notice: Roll may be contacted by email at email@example.com.
f. Assignment: This Agreement may be assigned by Roll to any subsidiary and to any successor by amalgamation, consolidation or acquisition of a substantial part of its assets. Except as specified hereinabove, this Agreement shall not be assigned, extended or otherwise transferred in whole or in part, by either party, without the prior written consent of the other party hereto.
g. Construction of Agreement: Headings contained in this Agreement are for convenience only and are not a part of this Agreement and do not in any way interpret, limit or amplify the scope, extent or intent of this Agreement or any of the provisions hereof. This Agreement shall be deemed to be a contract under the laws of the Province of Ontario and for all purposes shall be governed by and construed and enforced in accordance with the internal laws (as opposed to conflicts of law provisions) of the Province of Ontario.
h. Waiver: No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or be construed as a further or continuing waiver of any such term, provision or condition or as a waiver of any other terms, provisions or conditions of this Agreement.
i. Further Actions: Each of the parties hereto agrees to take any and all actions reasonably necessary.