I’VELO APP GENERAL TERMS AND CONDITIONS
We, Asociația Green Revolution, an association registered and operating in accordance with Romanian legislation, based in Avrig Street no. 21-31, bl. U2, sc. 1, 10th floor, apt. 43, district 2, Bucharest, registered in the Register of Associations and Foundations attached to the Bucharest district 2 Court of Law under no. 36 of March 25, 2009 (“AGR“) promote the use of ecological and economic means and solutions of transport, in particular the use of bicycle as an alternative means of transport, in our activity.
For this purpose, you (” the User” or “The User of I’Velo App”) can install and use the I’Velo mobile app (“I’Velo App” or “the Application”), under the terms and conditions specified below (“the Terms” or “I’Velo App Terms”):
- I’Velo App Terms apply to the download, installation, and use of I’Velo App and, subject to your acceptance, they will form the agreement between you and AGR for this purpose (“I’Velo App Agreement”).
- The installation and subsequent use of the Application shall be subject to the acceptance of the I’Velo App Terms in the version applicable at the time of installation.
- Accessing any additional service available on the Interface of the Application from AGR or from partners or collaborators of AGR (the “Service”) shall be subject to the acceptance of the additional terms for such services, in the version available on the interface of the Application at the time the order for such services is placed. Further details with respect to the Service currently available can be found in Article 8 below.
- THE I’VELO APPLICATION
- Through the I’Velo Application, AGR provides you with access to content generated by you and other interactive information and resources.
- Depending on the type and settings of the device through which you use the I’Velo Application and the options you have selected for installing and using it, you can:
- monitor the routes travelled by bike, including the recording of certain parameters such as the riding speed, altitude, distance travelled, the last geographical position and charge level of the battery of the device on which the application is used when initiating a route through the Application and at the completion of the same route.
Route monitoring shall be carried out by accessing and recording data relating to the GPS location of the device by which the application is used, when initiating a route through the Application or automatically when initiating a rental of an I’Velo Urban bike.
After completing a route, you can choose to save it, in which case you will be able to access a history of the routes travelled and thus saved, at a later time.
- access facilities of interaction with other I’Velo App users who are in close proximity, being able to communicate in this way through the Application.
In this way, you can send your geo-location data, through the use of the Application, to other I’Velo App Users or AGR to get help in case of an emergency (accident, bike failure, etc.). Similarly, you can transmit route data so as to be visible to other Users.
- The processing of Personal Data of Users in connection with the installation and use of the Application in the manner indicated above will be made for the purposes and for the duration specified in the Available Information Note [=].
- CONDITIONS FOR THE INSTALLATION AND USE OF THE APPLICATION
- To install and use the Application, you must cumulatively meet the following prerequisites:
- Entering correct and complete identification data
The installation and use of the Application are subject to prior registration, by configuring the I’Velo App User Account (identified by the e-mail address or a Facebook account) and associating a password.
You have the obligation to use correct, complete, and accurate identification data for your registration and to update this data by editing the I’Velo App User Account, on the interface of the Application, whenever necessary.
The use of incorrect, incomplete, inaccurate or misleading identification data shall entail your liability for any direct or indirect damage that may be suffered in any way by AGR or any of its partners or collaborators. AGR reserves the right to verify the accuracy of your identification data or contact details, including by collecting additional personal data (including but not limited to, for the purpose of confirming your identity or granting access to certain services through the Application).
- Minimum age
Only persons aged at least 16 years can access the Application. For this purpose, you must confirm that you are at least 16 years of age when you install the Application.
- Failure to meet any of the above conditions will prevent installation of the Application.
- The application is made available to Users free of charge; in principle, the installation of the Application is not conditional on covering certain costs. However, certain costs may be borne by the Users, including but not limited to, costs relating to the traffic data transferred to download and use the Application, both on the territory of Romania and abroad.
- The possibility to benefit from Additional Services may be subject to the prior incurrence of related costs. Further details will be laid down in the terms applicable to such Services.
- YOUR GENERAL RIGHTS AND OBLIGATIONS
- You may use the Application exclusively for your personal use. More specifically, you have a non-exclusive right to download, install and use the I’Velo Application and the services made available through it on your own territory, on compatible devices, for personal, non-commercial purposes only.
For the avoidance of doubt, you must be aware that the following practices are contrary to these General Terms and Conditions, being strictly prohibited:
- the reproduction, distribution, broadcasting, transmission, marketing, inclusion of an application or its elements in derived applications, for commercial purposes, or using it in any way which would be contrary to I’Velo App terms;
- the reproduction, distribution, transmission of any part of the Application in any medium and by any means, in the absence of prior written consent from AGR;
- modifying or decompiling the Application or part thereof in any way.
- Each time you use the Application, you are subject but not limited to the following obligations:
- the obligation to comply at any time with any and all applicable legal provisions and with the I’Velo App Terms;
- the obligation to act in good faith towards AGR and any of its partners or collaborators;
- the obligation to refrain from any actions or inactions which may have as their object or effect the uploading or downloading of data, information or material that may constitute illegal, unfair or potentially damaging content to any person;
- the obligation to obtain any authorizations, permits, licenses which may be necessary in order to upload or download any data, information or materials;
- the obligation not to interfere in any way with the rights of other Users;
- You have the right to cease at any time the use of the Application downloaded and installed. To the extent that you do not resume the use of the Application, AGR may consider that your intention is to uninstall the application and denounce The I’Velo App Agreement, as detailed in Article (g)
- It is your obligation to take all necessary measures to ensure the confidentiality of your I’Velo App User Account and its associated password and to prevent any unauthorized use of your account and to immediately notify AGR of any unauthorized use you have become aware of.
- You are responsible for any direct or indirect damage that may be incurred by AGR or any of the collaborators or partners in connection with the unauthorized use of your I’Velo App User Account and your password.
- The application may involve the display of certain names, products, services, trademarks belonging to third parties. The use of the Application cannot be interpreted in any circumstance as giving Users a right over such names, products, services or trademarks.
- GENERAL RIGHTS AND OBLIGATIONS OF AGR
- The existence of any indications of a violation of any of the Terms or any of your obligations entitles AGR to restrict or even discontinue your access to the Application or any of the Services made available through it, as soon as possible and without any other notice.
- AGR and its partners or collaborators have all the rights in the Application. The content of the Application (including all its perceptible or imperceptible components including, but not limited to, the codes, texts, images, graphical user interface) shall be subject to the provisions of Law no. 8/1996 on copyright and neighboring rights, constituting object of protection covered by these provisions, all rights being reserved, without any other notice or information being required in this respect.
- AGR reserves the exclusive right to suspend, withdraw or make any changes to the Application at any time, without the need for a prior notification or a justification for such measures. For the avoidance of doubt, AGR can add, review, modify, or remove any modules, functions or settings of the Application, at any time and without prior justification.
- AGR RESPONSIBILITY
- AGR shall not be responsible for any data, information or materials downloaded or uploaded by you through the Application that may be destroyed, lost or deleted as a result of uninstalling or disabling the Application.
- AGR shall make its best endeavours in order to remedy any errors relating to the operation of the Application and constant review of its functions and settings.
- Also, AGR shall make every effort to ensure that the download of the Application does not have the potential to generate IT threats through the use of advanced antivirus technologies. It is advisable to use an antivirus software when downloading the Application. AGR assumes no liability for any loss, damage or destruction of your data or devices resulting from the download, installation, or use of the Application.
- AGR and/or its partners or collaborators cannot be held responsible for the compatibility of the Application with the settings of the User’ device through which the Application is downloaded, installed, and used.
- For the avoidance of doubt, AGR and/or its partners or collaborators will not be obliged to bear direct or indirect, foreseeable or unpredictable damages that may be suffered by you personally or by any third party in any way through the use of the Application. Thus, AGR and/or its partners or collaborators shall not be responsible in any way for:
- the destruction, loss or damage because of the content downloaded, stored or shared by downloading and installing the Application;
- interruptions, malfunctions or difficulties encountered during the installation, use, or removal of the Application;
- any disturbance in the operation of any systems through the use of the Application;
- transmission of any programs or components that could harm the Users, including computer viruses;
- destruction, loss or damages that could be avoided with minimum diligence of the User;
- loss, interruption, damage that is not directly related to the download, installation, or use of the I’Velo App and that cannot be reasonably under the control of AGR;
- interruptions, malfunctions or difficulties encountered during the payment of any services purchased through the Application.
- I’VELO URBAN SERVICE
- Through the Application, you can purchase bike rental subscriptions from any I’Velo Urban automated stations operated by AGR in Bucharest (the location of the I’Velo Urban automated stations can be consulted online at the following address https://ivelo.ro/urban/); and monitor and save a history of the routes travelled by bikes so rented (“I’Velo Urban Service”).
- To access the I’Velo Urban Service, it is necessary to have at the time of accessing, as a User of the I’Velo App, the status of I’Velo Relax or I’Velo Urban user, under an I’Velo Relax Agreement or I’Velo Urban Agreement in force.
If you do not meet this requirement, it is necessary to go personally to any of the I’Velo Relax rental centers managed by AGR, with a valid identity document in order to confirm the validity of the data recorded at the installation and / or during the use of the Application, as the case may be. The location of the rental centers can be consulted online at the following address https://ivelo.ro/relax/.
To enjoy the I’Velo Urban Service from the interface of the Application, it is necessary to perform the following steps in the following order to acquire / validate the status of I’Velo Urban user:
- Access your account in the Application (identified by email address or Facebook account) and enter the associated password;
- Select the “Rental” module on the Application interface;
- Initiate an additional authentication process by entering your personal identification number to verify if you meet the condition to currently hold the status of I’Velo Relax or I’Velo Urban user.
Validation of holding this status is done by sending a SMS code to your telephone number.
The additional authentication process is complete after entering the SMS code received.
If you don’t enter your personal identification number, the additional authentication process ceases. In such a case, as well as in the case in which the authentication process is interrupted for any reason, you will be invited to any of the I’Velo Relax centers with a valid identity document.
- In addition to the specific conditions relating to the acquisition of the status of I’Velo Urban user, the other rules relating, for example, to covering the costs of the I’Velo Urban Service, taking over and handing over the bike from / to I’Velo Urban automated stations and your responsibility or AGR responsibility are set out in the I’Velo Urban Terms. The acknowledgment and acceptance thereof is mandatory if you want to benefit from the I’Velo Urban Service through the Application.
- TERMINATION OF I’VELO APP AGREEMENT
- You may at any time go through the steps required to disable, uninstall, or delete the Application, resulting in the immediate loss of the right to use the Application and unilateral termination of the I’Velo App Agreement.
- The I’Velo App Agreement may be terminated by: (i) the consent between AGR and you to terminate the Agreement; (ii) the withdrawal of the Application by AGR; (iii) inactivation of your I’Velo App User Account by AGR. Your account may be inactivated in case of violation of any of the Terms by you, as well as in the case in which more than two (2) years have passed since your last interaction with the Application. In the latter case, you will be notified 5 (five) days prior to the expiry of that period about the inactivation of your I’Velo App User Account, and to the extent that you will not authenticate in your account until the expiry of this period, your account will be automatically disabled.
- Termination of the I’velo App Agreement shall be without prejudice to your outstanding obligations at the time of termination.
- APPLICABLE LAW
- These I’Velo App Terms shall be governed by and interpreted in accordance with the Romanian law.
- Nullity or unenforceability of any provision of these Terms will not affect the validity or enforceability of the remaining provisions that will remain enforceable and will continue to have effect. In the event of any such nullity or unenforceability, AGR will replace the null or unenforceable provision with another provision that comes as close as possible to the initial intention.
- Failure or delay by AGR to enforce any provision of these Terms will not constitute a waiver of that provision or of its enforcement.
- These Terms constitute the entire understanding and the entire agreement between us and you relating to the installation and use of the Application by you and will replace any previous promises, agreements, declarations, assumptions or implications, whether made orally or in writing, between us and you with respect thereto.
- SUBSEQUENT AMENDMENTS AND REVIEWS
- AGR can modify the Terms, in which case this version will be replaced by a new version. Such modifications will be brought to your attention and will constitute a modification of the I’Velo App Agreement, being conditional upon your acceptance.
- No changes to the Terms shall be binding on you unless you were properly informed and you accepted them.
- I hereby declare that I am 16 years old.
- I declare that I am aware of the provisions of I’Velo App Terms and that I agree to the conclusion of the I’Velo App Agreement under the conditions specified in these Terms.
- I declare that I am aware of the provisions of I’Velo Urban Terms and that I agree to the conclusion of the I’Velo Urban Agreement, under the conditions specified in these Terms.