TERMS AND CONDITIONS
Nexo Mobility AS welcomes you to our website (www.oslobike.com). “Oslobike” and www.oslobike.com is a brand owned and operated by Nexo Mobility AS. All bikes, the software and services is provided and managed by Nexo Mobility AS.
These Terms and Conditions constitute our legal agreement with you and apply to your use and access of our website and do not invalidate any other agreement or terms you may have with us, unless otherwise directed by Oslobike. Your breach of any
of these terms and conditions automatically terminates your permission to use our website and services you must immediately prohibit any further use of our website.
The terms “we”, “our”, and “us” refer to Nexo Mobility AS a limited liability Company existing
under the laws of Norway with its principal address located at Lundekroken 5, 1396 Billingstad.
A “Visitor” is someone who merely browses our Website. A “member” is someone who has registered to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member.
Acceptance of Agreement
This Agreement is between you and Nexo Mobility AS.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Nexo Mobility AS and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Amendment of Terms
Nexo Mobility AS reserve the right to change, modify, add or remove portions of these terms at any time without prior notice or user’s consent. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavor to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern you and our rights and obligations to each other.
Eligibility and Registration for Membership
To use our self-service bike rental you must register with through mobile phone verification or another approved procedure. Your Membership is not transferable or assignable and is void where prohibited. Our Services are intended solely for Users who are at least 18 years of age or older. Any registration by, use of, or access to our website or services by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our services you represent and warrant that you are 18 years of age or older and agree to abide by all the terms and conditions of this Agreement.
We reserve the right to refuse services to a user based solely on our discretion.
You are responsible for your username and password and maintaining the security of both. Nexo Mobility AS is not responsible for any claims, damages or losses you suffer by reason of unauthorized use of your account by others.
You agree to maintain the confidentiality of your login details and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with account security as discussed herein.
All Puchases, amounts due for damages, stolen or lost bicycles are charged to your authorized credit or debit card associated to your account up to a maximum of 8000NOK per bicyle. Upon report or discovery of any damages cause by you to our bicycle, you will be charged for the repair of such damages at cost determined by us and our affiliates in our sole discretion. You will be charged an amount up to 8000NOK for stolen or lost bicycle when such theft or loss is reported or discovered by us.
You here by authorize us to bill fees and charges you incur in connection with damages, lost or stolen bicycle, overdue fees to your credit or debit card associated with your account. At our discretion we may place authorization hold on your credit or debit card to cover such fees. If you decide to dispute any charge made to your account, you are required to contact us within ten (10) days of receipt of such charge.
The purchase is personal and cannot be transferred to others
A subscription cannot be returned or cancelled after purchase, and you agree that this agreement is fulfilled by both parts so that the rules about withdrawal after remote sales of financial services is not applicable. For more information, see https://lovdata.no/dokument/NL/lov/2014-06-20-27/KAPITTEL_1#KAPITTEL_1 Law on Information and Withdrawal after remote sales and sales outside of fixed business premises (Consumer law) (implementing EU Directive 2011/83/EU on consumer rights) (Chapter 1, Section 2.) (In Norwegian only)
Use of the Bike and our Services
After registration, A member can use “Oslobike” bicycle whenever and wherever “Oslobike” bicycle is spotted, you may unlock the bike by scanning the facebook “messenger”code for such bicycle using the Oslobike mobile chatbot application, website and other services.
You agree and acknowledge that we don’t conduct screening or have screening policy, Anyone who creates a valid account can become a member without our review or approval, however, “Oslobike” at our sole discretion may terminate an account for any reason without prior notification.
Before you use an oslobike bicycle, you are mandated to carefully inspect the bicycle for any damage or fault, including, but not limited to, handlebar flexibility, brake effectiveness, safety bell, proper attachment of the seat and pedals, damages to the body or frame and other mechanical problem(s) or maintenance need.
If you decide using an Oslobike bicycle without inspection or you inspected and discovered it to be faulty, defective or otherwise cannot work properly, you will be solely responsible for any bodily injury or property damages to you or a third party.
You are obligated to comply with all local traffic rules during use of “Oslobike” bicycle. Any damages to you, us or a third party resulting from your non-compliance with such local traffic rules will be your sole responsibility. You are obligated to wear a helmet and observe all necessary safety measures while using our services.
“Oslobike” bicycle should be used in a reasonable manner without damage or usage restriction to other members. Damaging, vandalizing, extinguishing or concealing, installing personal locks or conducts that prevent others from using our bicycle are highly against our usage policy. You are required to return “Oslobike” bicycle in the same condition it was rented. You will be charged a fee equivalent to the repair cost of any of our bicycle you return damaged
Do not use any “Oslobike” you discover to be faulty or poses any safety issue. If you discover any “Oslobike” with a mechanical fault or safety issue you should promptly notify us through using our contact information
“Oslobike” services is aimed at providing our members short-term usage access to our bicycle. You agree to return our bicycle before the end of our daily operating hour 24:00hrs. Any bicycle not returned at the end of our operating hour will be considered lost or stolen.
After each use of an Oslobike bicycle, you should click on the Oslobike mobile application “Trip Completed” or equivalent button thereby terminating your use of the Oslobike bicycle session, ending the fee meter and paying the relevant fees. Endeavor to park the Oslobike bicycle in a safe location where bicycle parking is permitted in accordance with the local traffic rules, for use by the next person. If there is any damage to the Oslobike bicycle, confiscation or government fines resulting from your illegal parking of an Oslobike bicycle, you will be held solely responsible.
After use, you must return the Oslobike bicycle to the designated spot. If the bike is not returned as instructed, you will be charged with 199NOK extra for transportation. Once the bike is returned, you will get a confirmation on your phone.
Maximum rental a time is 12 hours and not allowed to keep the bike overnight or in private area, otherwise this is treated as stolen or lost bike.
When parking a bike after use kindly take the time to verify if the bike is properly locked.
If the bike gets lost, stolen or damaged beyond repair, and thus not available for other member’s use, you will be held liable and charged 8000 NOK. We will contact you prior to charging your credit card.
- Keep the the bike more than 12 hours: 500 NOK fee
- Lock in Restricted Zone: 1000 NOK for locking in a restricted zone. Restricted zones include private property(homes apartment complexes, backyards) and parking garages
- Bike Stolen then Found: 2000 NOK if bike is stolen during rental but later recovered
- Bike Stolen and lost: 8000 NOK for lost bike
As a Member, you may view your trip maps and statistics on your user profile. Your trip statistics may include miles traveled, CO2 reduced, calories burned, and dollars saved.
In addition to, and not intended to limit, any other restrictions in connection with your usage of “Oslobike” bicycle, you may not:
(a) Ride an “Oslobike” bicycle while carrying any item that hampers safe usage of our bicycle e.g, backpack, briefcase, bags,box, e.t.c
(b) Use any device that may endanger your safety or safety of others while driving our bicycle e.g, mobile phone, portable music player, tablet, laptop, texting device, e.t.c
(c) Drink and drive or drive while intoxicated by alcohol, drugs, medication or other substance that may affect your ability to safely use a bicycle.
(d) Convey or tow a second person (including a child), or animal (including a pet) while using our bicycle.
(e) Violate any instruction from any law enforcement personnel or breach applicable federal, state or local law.
(f) Deface, dismantle, modify or write on any “Oslobike” bicycle. Using our bicycle for advertising or similar Commercial purpose is highly prohibited.
(g) Attach any item to “Oslobike” bicycle including, but not limited to, baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.
(h) Exceed the recommended maximum weight limit of 220 pounds for each “Oslobike” bicycle.
(i) Ride an “Oslobike” bicycle in hazardous weather conditions, or dangerous road condition which isn’t suitable for driving or which may cause safety concerns.
Representation and Warranty
In respect to your use of “Oslobike” bicycle and services, you represent and warrant, as of each time immediately before using “Oslobike” bicycle that:
You are able and can safely operate a bicycle without the help of others.
That you are in good physical and health condition and knowledgeable of laws pertaining to use of bicycle within the area you intend using the bicycle and you have agreed to the terms of this Agreement.
“Oslobike” bicycle and services are only for convenience purpose not an alternative means of public or private transportation or common carrier available to you and the general public.
It is not Oslobike’s responsibility to provide you bicycle lanes where you will ride our bicycle neither are we in charge of maintenance of bicycle lanes. Oslobike do not guarantee you safe place to ride any bicycle you rent from us.
You acknowledge not to use our bicycle for racing, stunts or participate in any cycling competition. You will only use our bicycle in safe public or private roads or property with designated bicycle routes.
All software, technology, and content on our website or used to render you our services is solely licensed property of Nexo Mobility AS, and is protected by Norway and international copyright laws. All technical compilation (meaning the programming,collection, interface, assembly and arrangement) of all content on the website or mobile application is the exclusive property of Nexo Mobility AS and protected by Norway and International copyright laws. Nexo Mobility AS hereby gives you permission to view and use the technology,content and services made available to you on our website and mobile app in connection with your non-commercial and personal use our services. Any other use, including the modification, reproduction, transmission, distribution, and republication of our content, software, and technology on the website and mobile application is strictly prohibited.
Other Intellectual Property
All other intellectual property rights related to the interface, content, software and technology included on our website or used in the operation of the website or for providing you our services including without limitation, titles, trade secrets, technical know-how, moral rights, patents, publicity rights, character rights, and artistics are owned and licensed property of Nexo Mobility AS. Our website and mobile application contains our trademarks and service marks and those of our affiliates or third party companies in the form of graphics, words and logos. Your permission to use our website or services does not constitute any right or license for you to use our trademarks or service marks without the prior written permission of Nexo Mobility AS.
Any use of these rights without the prior written permission of Nexo Mobility AS is strictly prohibited.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our Website, Mobile Application or services will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website and mobile application will be correct, accurate, timely, or otherwise reliable.
Nexo Mobility AS reserves the right in our sole discretion to change any Content, and other items used or contained in our Website, Mobile Application or Services at any time without notice. Reference to any services, processes, or other information by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith by our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.
As a user of our website, mobile application and services you shall not:
- violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate or belonging a third-party without their consent;
- Submit or post any content that is abusive, defamatory, libelous, harmful, obscene, invasive of third-party privacy, or content that could be considered objectionable;
- impersonate or use the identity of a third-party, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Submit any content that is subject to any disclosure restrictions;
- Submit any materials, information or content that infringes or violates any patent, copyright, trademark, or any other intellectual property rights;
- use the website to disseminate any information or content, including by e-mail, that is abusive, defamatory, libelous, harmful, obscene, invasive of third-party privacy, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains viruses, malware or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the services by other users; or collect, compile, or store personal information about other users of the website;
- disrupt or interfere with the operation of the website or mobile application by overloading or exceeding the capacity of the website or the systems resources; accounts; login info; servers; or networks connected to or accessible through the website or any affiliated or linked sites;
- disrupt or interfere with the security of, or otherwise cause harm to the website or the systems resources; accounts; login info; servers; or networks connected to or accessible through the website or any affiliated or linked website;or
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the website or the content contained therein without Nexo Mobility AS, express, and written permission.
You here agree that you are fully responsible for any content that you make available on or send through our mobile application (“User Content”). In addition to the rights granted to Nexo Mobility AS in this Terms and Conditions, you hereby grant Nexo Mobility AS the irrevocable right to copy and use your Content in connection with our Services and for the purposes related to the services we provide you. Although Nexo Mobility AS has no obligation to verify, edit or monitor any information you provide us, Nexo Mobility AS reserves the right, and has absolute discretion, to remove, or screen your information and to monitor any user conduct on the website and mobile application at any time and for any reason without prior notice.
By Posting User Content to us, you warrant and represent that (i) Nexo Mobility AS may release your personal information to third party for the purpose of obtaining access to our services; (ii) you have all necessary rights or consent to post such information to us and to grant the rights to Nexo Mobility AS through this Terms and Conditions; (iii) the User Content, and your use and the post thereof in connection with our website and services, does not and will not violate these Terms and Conditions or any applicable local, state, national or international statute, regulation, or law.
Links to Other Websites
Our Website may from time to time contain links to third party or vendor websites. Inclusion of links for any website on our website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites.
THE WEBSITE, MOBILE APPLICATION AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE OUR WEBSITE AND MOBILE APPLICATION ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. NEXO MOBILITY AS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. NEXO MOBILITY AS MAKES NO REPRESENTATION THAT THE WEBSITE, MOBILE APLLICATION OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. NEXO MOBILITY AS MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE WEBSITE OR MOBILE APPLICATION IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR LOCATION. NOTHING IN THESE TERMS AND CONDITIONS OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE WEBSITE OR MOBILE APPLICATION WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE AND MOBILE APPLICATION.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, MOBILE APPLICATION AND OUR SERVICES, THAT SUCH USE IS AT YOUR SOLE RISK.
You agree to indemnify, defend, and hold Nexo Mobility AS and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our website, mobile application or Services.
If Nexo Mobility AS gets sued by you or a third party due to your negligence, you will defend and indemnify Nexo Mobility AS from all claims, actions, damages, losses, liabilities, costs, expenses of whatsoever kind or nature, including without limitation attorney’s fees and litigation costs and expenses incurred by Nexo Mobility AS as a direct result of any breach by you of these Terms and Conditions, or arising out of or about your willful or accidental misconduct, negligent or fraudulent use of our services.
IN NO EVENT SHALL EITHER NEXO MOBILITY AS OR ITS AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEXO MOBILITY AS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT CHARGED FOR ANY SERVICES WE RENDERED TO YOU.
Use of Information
We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our Mobile Application and Services in any manner consistent with our terms and conditions.
Nexo Mobility AS, as a rule, does not interfere with, modify or otherwise change your data, however, your data including all of your data with each and every Nexo Mobility AS email sent or going to be sent in the future is the property of Nexo Mobility AS and can be reviewed, stored and used for the purposes known only to Nexo Mobility AS and any affiliates it may choose. Nexo Mobility AS is under no obligation to extract any data from the database of Nexo Mobility AS for the purposes of defending (or otherwise) in the court of law any user or users of our services. You agree and submit that Nexo Mobility AS has the full rights to analyze any and all data that you willfully place onto the mobile application or submit to us.
Nexo Mobility AS reserves the right, but does not have the obligation, to monitor your use of our mobile application and to restrict or terminate your use of our services or modify or remove any information on our mobile application for any reason whatsoever in our sole discretion.
This Terms and Conditions may be updated periodically to reflect changes in our information practices or relevant laws. We will indicate at the top of the Notice when it was updated. Please review this Notice any time you access or use our sites to make sure you have reviewed the most recent version.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Norway, and will be governed by and construed in accordance with the laws of Norway without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, Mobile Application or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
How to Contact Us
If you have any questions or comments about this Terms and Conditions or if you would like us to update information we have about you or your preferences, please contact us.
Nexo Mobility AS
Visit address: Martin Linges Vei 25, 1364 Fornebu
Postal address: Lundekroken 5 1396 Billingstad
Norway Telephone: +47 92032496
Reg. no.: 918745777