Without limitation of any other provisions of this agreement, you may not use this site for any purpose that is unlawful or prohibited by this agreement and/or any applicable additional terms. your access to this site may be terminated immediately in loop’s sole discretion, with or without notice, if you fail to comply with these terms or any additional terms, or for any other reason, or no reason.
You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
- Changes to these Terms
The Site, App, and other portions of the Services are owned and operated by Loop. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and without prior notice to you other than by posting the revised Terms on the Site, App, or on or within the Services. Such modifications shall be effective immediately upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. By using the Services after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.
- Evolving Nature of Services
The Services are new and subject to change at any time. We are continually looking to improve the Services but if you are at any time dissatisfied with the Services, then your sole remedy is to discontinue use of the Services. However, we do want to hear from our users so do not hesitate to send us an email at firstname.lastname@example.org to let us know what you think.
Upon your sign up and registration for the Services, you become a member of Loop (“Member”). As a Member, you agree to complete an application and upload your driver’s license, to fulfill your payment obligations, to complete the training and to be bound by these Terms before Loop provides you with the electric vehicle services requested through the Services. Site and App Member accounts, Member IDs and passwords are personal to each Member and may not be transferred, sold to or used by any other person. Without limiting the foregoing, parents and guardians may not register on behalf of their children or permit children to use their accounts.
As a Member you do not, by these Terms or otherwise, acquire any rights of ownership or control over Loop, its operations or finances, or any vehicle or other transportation device made available for use by Loop. Loop retains the right to change, limit or deny the Services to a Member for any reason at any time
- The Services are available only to persons who can form legally binding contracts under applicable law. If the individual who submits an application does so on behalf of a company or other legal entity, the individual represents that he or she has the authority to bind that entity to these Terms. Without limiting the foregoing, the Services are not intended for individuals under the age of 18. By using the Services, you affirm that you are at least 18 years of age at the time you are using the Services. If you do not qualify for the Services, please do not attempt to register for or use the Services. Persons under the age requirement are permitted only to browse the pages of the Site and the App that is accessible without registration, but they may not register as Members or use the Services.
- Device Ownership
To be eligible for the Services, you must own or control a mobile device that is compatible with the Services and the software related thereto.
- Driver’s License
Member must hold a hold a valid driver’s license that authorizes the Member to drive in Lebanon and have a driving history that meets Loop’s eligibility requirements as determined by Loop in its sole discretion.
- Member must deliver to Loop a complete application, including an agreement to be bound by these Terms, together with all documents requested by Loop, which shall be accurate and truthful in all respects.
You are aware that satisfying the eligibility criteria mentioned above does not automatically give you the right to become a Member and use the Services. Acceptance of the person’s application is subject to approval by Loop in its sole discretion.
USE OF THE SERVICES
You are responsible for obtaining at your own expense all equipment and services needed to access the Services, including but not limited to a mobile device that is compatible with the App. If you are accessing the Services by a mobile device, your wireless carrier may charge you fees for data, text messaging, and other wireless access or communications services. We do not guarantee that our mobile Services can be accessed through all wireless devices or service plans or are available in all geographical locations
- Personal Security
You should not disclose personal information to strangers that would enable them to locate you offline. This means you should not give out your name, address, place of employment, school, university etc., while communicating with other Members.
- Service Security
You are prohibited from violating or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at Loop’s sole discretion. Loop reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
USER GENERATED CONTENT
- Members may post, upload and/or contribute (“post”) content to the Services, including, without limitation, comments, messages, photographs, or any other form of copyrighted material (collectively, “User Content”). Any use or reliance on any User Content posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such User Content. We may not monitor or control User Content posted via the Services and, we cannot take responsibility for such User Content. You agree, represent, and warrant that i) any User Content you upload or transmit to or through the Services is truthful, accurate, not misleading, and offered in good faith, ii) you have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the Services and grant the rights to the User Content as set forth in these Terms, and iii) the Use of such User Content in a manner consistent with these Terms will not (a) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (b) require Loop or any Third Party Site on or through which the Services are made available to pay any fees of any kind to any third party.
- You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to reproduce, distribute, publicly display, communicate to the public, make available, publicly perform (including by means of digital audio transmissions) on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) any User Content that you post on the Services; to advertise, market, and promote your User Content, Loop, and the Services, with your name, image, voice, likeness, and/or any photographs or artwork made available by or on your behalf through the Services; and to sublicense any User Content, in each of the foregoing instances, in Loop’s sole discretion. This license lasts until you terminate your Loop account, except in the case of User Content that you have published, made public and/or share with others. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Services, except that, where applicable under local country law, you agree to waive your right to be identified as the author of any User Content on the Services and your right to object to derogatory treatment of such User Content.
- Right to Monitor
Loop does not monitor, review, or edit User Content, but reserves the right to, monitor, review, access, or remove any or all of your User Content from the Services for any or no reason, including but not limited to, User Content that, in Loop’s sole discretion, violates these Terms. Loop may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion.
LICENSE AND PERMITTED USE
- Loop grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Services only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to the Services; any rights or license not expressly granted herein are reserved. There are no implied licenses granted in these Terms. As a condition of using the Services, you agree not to use the Services or information related thereto for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by these Terms. While you use the Services, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained through your use of the Services. In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Loop or deep-link to any feature or content on the Services
- violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the Services;
- take any action that imposes, or may impose, in the discretion of Loop, an unreasonable or disproportionately large load on the Loop infrastructure;
- deliver any unlawful (according to local or international law or regulation) postings to or through the Services, or any postings which advocate illegal activity;
- deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals, including Loop employees, on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- deliver or provide links to, any postings containing defamatory, false or libelous material;
- deliver any posting that infringes or violates any intellectual property or other rights of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
- impersonate another person or entity or falsely state or otherwise, misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
- restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person or collect information about Members;
- manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- use the Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Services or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment or otherwise attempt to use or access any portion of the Services other than as intended by Loop;
- attempt to gain unauthorized access to the Services, any related website, other accounts, computer system, or networks connected to the Services, through hacking, password mining, or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including harvesting or otherwise collecting information about others such as email addresses, names or personally identifiable information;
- reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or content obtained through the Services, for any purpose other than expressly permitted by these Terms; or
- assist or permit any persons in engaging in any of the activities described above.
You may only use the Services to make legitimate reservations, purchases or requests to use the products or services offered (each, a “Request“) and shall not use the Services to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of the Services. You agree to provide correct and true information in connection with your use of the Services and you agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
- Log In Credentials
- Accuracy of Information
In order to benefit from the Services, you must provide true, accurate, current, and complete information about yourself as requested in any application forms required by Loop. You must also keep your information current, accurate and always updated. If messages sent to an email address provided by you are returned as undeliverable, Loop reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
- Invitation Service
Loop may offer an invitation service to tell a friend about the Services. In such case, we may ask you for your friend’s email address or any other information needed to send the invitation and we may also ask you to invite a friend via third party services such as Facebook or Twitter. By providing email addresses of non-users, you represent that you have the right to do so and that such information may also be provided to the third party service that you have designated to contact the non-user. We store and use this information to send this invitation, to register a friend if your invitation is accepted, and to track the success of our invitation service. Your friend may contact us at email@example.com to request that we remove this information from our database.
INTELLECTUAL PROPERTY RIGHTS
All content on the Services is protected by copyrights, trademarks, service marks, and/or other intellectual property rights and are owned and controlled by Loop or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Loop. In particular, all trademarks, service marks, logos, and trade names on the Services, whether registered or unregistered, are proprietary to Loop or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. Content on the Services or any other site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Loop or the Providers. Without the prior written consent of Loop or the Providers, your modification of the content, use of the content on any other site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Services and/or the Provider and is prohibited. If you violate any of these Terms, your permission to use the Services immediately terminates without the necessity of any notice. Loop retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on the Services, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep-link or otherwise incorporate into another web site any of the content or other materials on the Services without the prior written consent of Loop. All design rights, databases and compilations and other intellectual property rights, in each case, whether registered or unregistered and related goodwill are proprietary to Loop.
LINKS TO THIRD PARTY SITES
The Services contain links or other connections to Third Party Sites. Loop provides these links only as a convenience to you and does not endorse, and is not responsible for, the contents on such linked sites whether or not Loop is affiliated with the owners of such Third Party Sites. Further, Loop is not responsible for any viruses’ accessed through said third-party. If you decide to access linked Third Party Sites, you do so at your own risk. Certain of these Third Party Sites may make use of Loop’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Loop. Loop is not responsible for the availability or content of these Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
You agree that loop will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings you may have on or through a third party site or as the result of the presence of any third party advertising on the services.
FEES AND PAYMENT
- Validation fee
There is no fee for visiting the Services. If you decide to become a Member and use the Services, you will be required to register online and provide a valid credit card. Loop may seek pre-authorization of Member’s credit card account prior to a fee or cost becoming due to verify the credit card is valid and/or has the necessary funds or credit available to cover such fees or costs.
- The Member agrees to pay Loop the Services fees and other charges and fees in accordance with and as listed next to the type of Scooter or service selected by Member.
- No Refunds
All fees relating to the Services and other costs and fees provided in these Terms are final and nonrefundable.
- Method of Payment
Member agrees that Loop may charge Member’s selected payment method for any such payments. Loop accepts payments through payment methods detailed on the applicable payment screen. Member may be asked to provide Loop with a credit card number from a card issuer that Loop accepts in order to activate and/or pay for any fees related to the Services. Loop does not accept payment forms other than those specified on the applicable payment screen.
Member is responsible for paying any governmental taxes imposed on Member’s use of the Services, including, but not limited to, value-added taxes. To the extent Loop is obligated to collect such taxes, the applicable tax will be added to Member’s bill.
MEMBER AGREES TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO MEMBER IN WRITING TO LOOP WITHIN 30 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
- Rejection of Credit Card
Any credit card which is rejected may result in suspension or termination of Member’s use of the Services solely at Loop’s discretion. The Member must notify Loop in the event of the credit card on record being changed, expiring, or being no longer valid and replace it with a valid credit card. Loop may seek third party assistance with unpaid or delinquent accounts if the Member does not pay outstanding charges.
- In case the Member commits a violation, the following penalties shall apply:
- Lost Helmet: USD 50
- Unauthorized road or violation of traffic regulations: User to pay violation amount.
- Scooter towing: User to settle towing amount.
- Unauthorized or Extra passenger on scooter: USD 50
- Driving without helmet: Suspension of account for 1 week.
We endeavor to publish and maintain accurate prices and information for the services we provide through the Services. In the event, however, that a service is listed at an incorrect price or with incorrect information due to typographical error or other error in pricing, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is canceled because of incorrect Provider information, we will promptly issue a credit to your credit card account in the amount of the charge.
- Scooter Prohibited Use
The Loop electric vehicle (“Scooter”) shall not be used as follows:
- By anyone other than the Member who made the Request;
- By anyone not wearing a helmet;
- To carry a passenger;
- To propel or tow any vehicle, trailer, or other object;
- To transport animals or pets of any kind or nature, living or otherwise;
- During a race, competition or to perform tricks;
- For the primary purpose of transporting people or operating a taxi service;
- By a Member while under the influence of drugs or alcohol;
- During the commission of a crime or other illegal activity;
- In a negligent or abusive manner or for any use outside the scope of a Scooter’s intended purpose (violating a traffic law, or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred);
- By anyone who has provided Loop with false information in order to become or remain a Member;
- Outside the boundaries of the City of Beirut, on roads with speed limits over 80 km per hour as freeways or grade-separated highways, on unpaved roads, on sidewalks or in bicycle lanes;
- To carry over 15 kg of cargo; or
- While texting, emailing, using a cell phone, or otherwise using a mobile device other than to operate the Scooter that may distract from driving safely or otherwise engaging in any activity that may be prohibited by law.
The foregoing list is not intended to be exhaustive and any unreasonable or inappropriate use of a Scooter, as determined by Loop in its sole discretion, or any violation of the law will be deemed to be a violation of these Terms.
- Scooter Conditions of Use
Member shall return the Scooter to a Loop station, secured, clean and in good working condition. The member shall ensure that the battery level does not reach 30% or less (until the battery is totally drained); otherwise, Member shall be solely responsible for the reasonable cost incurred by Loop to return the Scooter to its designated location. Prior to taking possession of a Scooter, Member must inspect the Scooter for evidence of damage and disrepair (e.g., obvious dents, flat tires, out of service brake lights, turn signals, and working brakes). If any damage or disrepair is discovered, Member shall notify Loop immediately to avoid being held responsible for such damage or disrepair. If Member fails to report any evidence of damage prior to using the Scooter, Member may be liable for the cost of repairing the Scooter. Members are responsible for all charges and costs incurred, and any damages, related to the Scooter from the time a Member activates a Scooter until the Scooter is returned and secured at its designated location and Member deactivate the Scooter through the App. Members shall operate the Scooter in accordance with the training received and any operation manuals provided by Loop.
DAMAGES AND LIABILITY COVERAGE
- Member is responsible for the first USD 75 of any damage caused to Loop’s property during the entire time a Member is responsible for a Scooter if such damage is determined to be the fault of Member or not otherwise attributed to a third party.
- Liability Coverage
Loop provides liability coverage for damages arising from a Member’s use of a Scooter if the Member complies with all rules and requirements of these Terms. Member is responsible for the first USD 75 of damages to a third party for which the Member is liable. Loop and our insurance provider offer coverage to the Member for up to USD 50,000 of third party liability and to own member for up to USD 2,000. Damages beyond these levels, in addition to the first USD 75 of damages mentioned above, are the responsibility of the Member. However, such liability coverage does not cover damage due to Member’s breach of these Terms in which case the Member will be responsible for the full cost of such damage. The Member must obtain an expert report on the accident in order to benefit from Loop’s liability coverage or excess liability insurance.
- Member agrees to complete Loop’s training prior to the use of the Services. The member shall not use the Services until Member successfully completes the training. Successful completion is determined solely in Loop’s discretion.
- The Member declares to Loop that it has received all reasonable explanations of the content of these Terms and other terms related thereto currently in force and that it has taken all reasonable and prudent measures to ensure that it has correctly understood all of its commitments and obligations.
- Driving Record
Member shall promptly notify Loop in the event that Member’s driver’s license is suspended, revoked or invalid or if convicted of driving under the influence of drugs or alcohol or while intoxicated, of reckless driving, or driving more than 10 km per hour over the legal speed limit.
- Reporting of Accidents and Cooperation
If, while Member is in possession of a Scooter, the Scooter is involved in an incident that results in injury or damage to a third party or third party property, Member shall, as soon as possible, but in any event within 1 hour, notify an expert and contact Loop immediately and provide the following information to Loop:
- Date, time and location of incident;
- Identification information for any other vehicles involved (e.g., license plate, vehicle identification number, make and model);
- Insurance information for third party vehicles involved (e.g., policy number, name, address and phone number of insurance agent);
- Contact information for third parties involved and owners of involved vehicles, if different (e.g., name, address, phone number, driver’s license number);
- Contact information for witnesses (e.g., name, address, phone number); and
- Circumstances surrounding the event.
The member shall not, without Loop’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release, indemnity, or admission of liability in relation to the incident.
In the event of injury or damage to a Scooter, a third party or third party property, Member agrees to cooperate fully with Loop’s investigation of such event and the defense of any resulting claim or litigation.
Member agrees that Loop or its insurer may at its own cost bring, defend, enforce, or settle any legal proceeding against a third party in Member’s name in relation to the incident.
- Reporting of Damage
If, prior to taking possession of a Scooter, the Member is expected to report any noticeable damage to the Scooter, the Member can do so by texting to the following number 81 666 825 with an accompanying photo of the damage.
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.
You agree to indemnify, defend, and hold harmless Loop and its parent, subsidiaries, affiliates, investors, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors, and assigns, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your User Content, including Loop’s or any Member’s Use of your User Content consistent with these Terms; (3) your breach or other violation of these Terms, including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third-party intellectual property rights or other proprietary rights. Notwithstanding the foregoing, Loop reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Loop if Loop, in its reasonable discretion, concludes that you are not adequately protecting Loop’s interests or are incapable of protecting Loop’s interests, and you agree to cooperate with Loop’s defense of these claims. You agree not to settle any matter without the prior written consent from Loop. Loop will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. As a Member, you agree to indemnify, defend, and hold Loop harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorneys’ fees, and other expenses incurred by Loop arising from or related to Member’s use of a Scooter or any person permitted by Member to use a Scooter. Member agrees to indemnify and hold harmless third party garages or locations where Loop parks Scooters for Members to pick up, drop off, or otherwise operate during the course of their reservation or while present at said locations using the App.
- SERVICES CONTENT
all content on the services, including user content and any third party content, are provided provided “as is”, “as available,” “with all faults” basis without warranties of any kind either expressed or implied including, but not limited to, in terms of correctness, accuracy, reliability or otherwise. other than those warranties, which under the Lebanese laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, loop disclaims any and all warranties of merchantability and fitness for a particular purpose and non-infringement. no advice or information, whether oral or written, obtained by you from loop, an employee or representative of loop or through the services will create any warranty not expressly stated herein. loop and its affiliates, partners, licensors, and suppliers do not warrant that the services or any part thereof, or any products or content offered through the services, will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected, or that the servers that make the content available will be free of viruses or other harmful components. you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the services or any associated sites or applications at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system used in connection with the services) or loss of data that results from the download or use of such material or data.
- Member accepts the scooters in “as is” condition. accordingly, loop, its affiliates, their respective directors, officers, employees, and agents make no representations or warranties, express or implied, regarding the use or performance of the scooters. loop makes no warranty express or implied as to any matter whatsoever including, without limitation, the condition of a scooter, its merchantability or fitness for a particular purpose. loop is not liable for any indirect, special or consequential damages arising out of member’s use of a scooter. loop shall not be responsible for any loss or damage to third parties for the actions taken by any member during the period member is responsible for a scooter. loop does not guarantee the availability of a scooter for use by the member upon request. the use of scooters is subject to availability, on a first come, first-served basis. loop cannot and does not guarantee the availability or functionality of a scooter, whether or not reserved, and shall not be responsible for any direct or indirect, incidental or consequential damages or injuries arising from the reservation, nonavailability, supply, operation or use of a scooter, even if it has been advised of the possibility of such damages. the member is responsible for the safe use of any scooter accessories supplied by loop and must check their condition before each use. if any accessory is found not to be in good condition, the member should not use such accessory and should promptly notify loop and request a replacement. any use of a scooter that is prohibited by these terms voids all insurance, accident, or liability coverages, makes scooter subject to immediate recovery by loop without notice to member; and makes member responsible for all loss or damage to, or connected with the scooter, including loop expenses, to the extent that such loss or damage is due to such prohibited use.
LIMITATION OF LIABILITY
In no event will loop or its officers, directors, licensors or suppliers be liable to any party for any direct, indirect, special or other consequential damages arising out of or in connection with: (1) the use or access of or inability to use or access the services; (2) any products advertised, promoted or displayed on the services; (3) content made available through the services; and (4) the use of the services or scooters, in each instance, including, without limitation, any lost profits, business interruption, or otherwise, whether based in tort, contract or other legal theory, even if loop or its licensors or suppliers are expressly advised of the possibility of such damages. in no event shall loop or its licensors or suppliers be liable in the aggregate for any damages incurred by you that exceed one hundred dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, you agree that because such warranty disclaimers and limitations of liability reflect a reasonable and fair allocation of risk between you and loop, and are fundamental elements of the basis of the bargain between you and loop, loop’s liability will be limited to the maximum extent permitted by law. you understand and agree that loop would not be able to offer the services to you on an economically feasible basis without these limitations.
THIRD PARTY RIGHTS
These Terms are for the benefit of Loop and its Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the content contained in the Services is presented solely for your convenience and/or information. The Services are controlled and operated by Loop from their offices in Lebanon. Those who choose to access the Services from locations outside Lebanon do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.
GOVERNING LAW AND JURISDICTION
Any dispute arising out of or relating to these Terms shall be governed by, construed and enforced in accordance with the laws of Lebanon notwithstanding any conflict of law provisions. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, or your use of the Services, other than a controversy or claim relating to the validity or enforcement of intellectual property rights, shall be settled by arbitration administered by the Beirut Chamber of Commerce and Industry in accordance with its Rules of Conciliation and Arbitration. The arbitration proceedings shall be conducted in Lebanon. Neither party nor the arbitrators(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
TERM AND TERMINATION
- These Terms, as amended, will be effective commencing with your first use, pre-registration or registration of the Services and will remain in full force and effect throughout your use of the Services.
- Termination by Loop
Loop may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, for conduct violating these Terms or upon Loop’s sole determination. You hereby agree to Loop’s broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor.
- Termination by You
You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an email to firstname.lastname@example.org or using any other account termination functionality that may be offered through the Services.
- Validity of Terms and Conditions
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that the fact that these Terms and Conditions are in electronic form does not affect in any way their validity or enforceability. You also agree that the clicking of the button I accept on the Site or App constitutes your valid and legal signature.
- Force Majeure
Neither party shall be liable for any delay or failure in performance to the extent the delay or failure is caused by events beyond the party’s reasonable control, including, a significant failure of the Internet, fire, flood, acts of God, explosion, war or the engagement of hostilities, strike, embargo, labor dispute, government requirement, civil disturbances, or civil or military authority.
- Assignment; Waiver
You may not assign any part of these Terms without Loop’s prior written consent but Loop may assign these Terms or any part thereof without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The failure of Loop to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.
- No Agency
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loop as a result of these Terms or use of the Services.
- The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement
This is the entire agreement between you and Loop relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter.