Skurtt Charger Services Agreement
Last updated: November 22, 2019
The terms of the following Charger Services Agreement (“Agreement”) constitute an agreement between you and Skurtt Scooters Rental LLC (“Skurtt”) governing the services you provide to Skurtt in various capacities including as a Charger, Mechanic or other role as may be offered by Skurtt from time to time (collectively, “Skurtt Services”) on an independent contractor basis.
By using our Services (including using the App or website, for example), you are agreeing to these Terms, including that you are of legal age to enter into binding contracts, so please read them carefully. You are also agreeing that you have authority to agree to these terms, whether personally or on behalf of any entity that you represent, binding them to the same agreement.
If you don’t agree to these Terms, you may not use our Services. We may amend these Terms from time to time, and the revised version will be effective once made available to you. The revised Terms supersede any previous versions. You may stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion.
1) YOUR RELATIONSHIP WITH SKURTT
In performing the Skurtt Services, you acknowledge and agree that you and Skurtt are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Skurtt agree that nothing in this Agreement should be construed to create (1) an employer-employee relationship, or (2) a joint venture, franchisor-franchisee, partnership or agency relationship, or (3) any other relationship other than that of an independent contractor between you and Skurtt. You have no authority to bind Skurtt, and you will not undertake to represent yourself as an employee, agent or authorized agent of Skurtt.
Skurtt does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Skurtt Services.You retain the sole right to determine when, where, and for how long you will perform Skurtt Services. In addition, subject to the limitations set forth herein, you can determine the method, details, and means of performing the Skurtt Services. You acknowledge and agree that (i) you have no authority to enter into any agreement or contract that binds Skurtt or creates obligations on the part of Skurtt, and (ii) you are not eligible for any Skurtt employee benefits and, to the extent that you otherwise would be eligible for any Skurtt employee benefits except for the express terms of this Agreement, you expressly decline to participate in such Skurtt employee benefits. With the exception of any permit/license rule or requirements, Skurtt shall have no right to require you to: (i) display Skurtt’s names, logos or colors, or (ii) wear a uniform or any other clothing displaying Skurtt’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Skurtt Services or otherwise engage in other business or employment activities with other companies.
2) PAYMENT FOR YOUR SERVICES
You will pay all applicable federal, state and local taxes based on your provision of Skurtt Services and any payments received by you. You understand Skurtt will not withhold or make payments for social security, unemployment insurance or disability insurance contributions, or obtain workers’ compensation insurance on your behalf. You agree to indemnify, defend and hold Skurtt harmless from any liability for any breach of this Agreement by you, or any liability for or assessment of, any claims or penalties or interest with respect to such taxes.
3) YOUR RESPONSIBILITY FOR PROHIBITED ACTIVITIES
While providing Skurtt services, you agree that you will be solely responsible for the consequences of:
- Any damage to Skurtt’s scooters
- Any injury or damage to yourself or third parties
- Entering any private or public property for which you do not have appropriate authorization to enter
- Performing Skurtt services in an unsafe, unprofessional or unethical manner
- Any damage or depreciation to public or your personal property
- Using electricity that you do not pay for
- Overloading any electrical circuit while charging a Skurtt scooter
- Violating any law or regulation
- Causing any third party to engage in the same restricted activities
4) EXPENSES
You agree that you are solely responsible for all of your own tools, equipment and any expenses incurred in connection with rendering Skurtt services
5) INTELLECTUAL PROPERTY
All intellectual property rights in the Skurtt mobile application (“App”) shall be owned by Skurtt absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), information regarding how Skurtt Scooters work, Skurtt’s maintenance and charging procedures, the contents of the App and how the App functions, and the contents of any communications from Skurtt to you, and other similar rights wherever existing in the world together with the right to apply for protection of the same (“Confidential Information”). All other trademarks, logos, service marks, company or product names set forth in the Skurtt App are the property of their respective owners.
You shall not use any Confidential Information for any purpose other than as necessary to provide Skurtt Services. You agree to use reasonable care to protect the confidentiality of the Confidential Information. If you are compelled by law to disclose Confidential Information, you shall provide Skurtt with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance if Skurtt wishes to contest the disclosure. If you disclose or use (or threaten to disclose or use) any Confidential Information in breach of this paragraph, Skurtt shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts. You specifically acknowledge that any other available remedies are inadequate.
6) INDEMNITY
You agree to fully comply with the terms of this Agreement. You also agree to be solely responsible for all liabilities resulting from your failure to do so, including but not limited to loss or damage to any persons or property due to such failure.
You will defend, indemnify, and hold Skurtt including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of this Agreement and your performance of Skurtt Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any allegation that any information you pass along to Skurtt infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a Skurtt Scooter, or any vehicle used in the performance of Skurtt Services; and/or (5) any other activities in connection with the Skurtt Services.This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
7) LIMITATION OF LIABILITY
You understand and agree that at all times all Skurtt scooters are owned by and remain the property of Skurtt. The Skurtt App, Scooters & chargers provided to you is “as is” and any use of this property thereafter is at your own risk. Skurtt disclaims all warranties, whether express, implied, or statutory, including without limitation, any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
You agree that Skurtt will not be responsible for any loss or damage to you or any third parties arising from or related to the App, Skurtt Scooters, or Skurtt property. In no event will Skurtt be liable for any lost profits, lost or incorrect data, or loss of use in connection with the use of the App, Skurtt Scooters, or any other Skurtt property provided by Skurtt or in connection with any other claim arising from this Agreement, even if Skurtt has been advised of the possibility of such damages. The maximum liability of Skurtt arising out of or in any way connected to this Agreement shall not exceed AED 500.
You may not assign any of your rights or delegate any of your duties within this Agreement without prior written consent from Skurtt. Without any such prior written consent in place, any attempted designation or assignment to a third party shall be considered null & void.
Support is available via the Skurtt App to address any concerns you may have regarding your provision of Skurtt Services and/or this Agreement. The parties shall use their best efforts through this support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
8) MODIFICATION OF THE AGREEMENT
This Agreement is subject to change by Skurtt at any time in its sole discretion. When changes are made, Skurtt will update the Agreement available within the Skurtt App along with the last updated date at the top of the Agreement. Any modifications to the Agreement shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the App to provide services to Skurtt shall constitute your acceptance to such modifications.
9) NO ASSIGNMENT OF RIGHTS
You may not assign any of your rights or delegate any of your duties under this Agreement without prior written consent of Skurtt. Absent any such prior written consent, any attempted assignment or delegation hereunder shall be null, void, and have no effect.
10) WAIVER
Any waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. Any delay or forbearance by Skurtt in exercising any right hereunder shall not be deemed a waiver of that right.
11) NOTICE
All notices to Skurtt should be in writing and sent to the email address charger@skurtt.me
12) TERM AND TERMINATION
This Agreement may be terminated: a) by either party, without cause, upon seven (7) days’ prior written notice to Skurtt or b) by either party immediately, without notice, upon the other party’s material breach of this Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Skurtt’s satisfaction, Skurtt may choose not to permanently terminate this Agreement. In addition, Skurtt may terminate this Agreement or deactivate your account immediately in the event Skurtt has the good faith belief that such action is necessary to protect the safety of Skurtt, it’s users or third parties, or to promote the operations of Skurtt’s business. The provisions regarding Intellectual Property, Indemnity and Confidential Information shall survive any termination or expiration of this Agreement.
13) DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Support is available via the Skurtt App to address any concerns you may have regarding your provision of services or this Agreement. The parties shall use their best efforts through this support process to settle all disputes in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
This agreement shall be governed, construed and interpreted in accordance with United Arab Emirates law. If one of more provisions of this Agreement are held to be unenforceable under applicable law, then a) The contested provision shall be excluded from this Agreement b) the remainder of the Agreement shall be applicable as if such provision were excluded c) the remainder of the Agreement shall be enforceable in accordance with the terms.
14) GENERAL
This Agreement shall be governed, construed and interpreted in accordance with the laws of the United Arab Emirates, without regard to choice of law principles. If one or more provisions of this Agreement are held to be unenforceable under applicable law, then (i) such provision shall be excluded from this Agreement, (ii) the remainder of the Agreement shall be interpreted as if such provision were so excluded and (iii) the remainder of the Agreement shall be enforceable in accordance with its terms. This Agreement is the final, complete and exclusive agreement between you and Skurtt with respect to the subject matter hereof and supersedes any prior agreements or discussions. If you have any questions regarding this Agreement, please contact Customer Support at info@skurtt.me.
15) CHARGER SERVICES ADDENDUM
The following addendum applies only if you are providing Charger Services, and should be read in conjunction with the general terms and conditions set forth above.
16) YOUR PROVISION OF CHARGER SERVICES FOR SKURTT
You can provide Skurtt Charger Services by clicking the “Charger Mode” button on the Skurtt App and entering or scanning the code on the Skurtt Scooter into the App. The Skurtt Scooter will unlock, so that you may take and charge the Skurtt Scooter. You must capture and unlock the Skurtt Scooter in the App before moving it. If you unlock a Skurtt Scooter through the Skurtt Charger Mode, you agree to perform the following services:
- Charge the Skurtt Scooter to a 100% charge and return to an authorized Skurtt Scooter location by the required return time the following day, and in no event more than 24 hours from capture.
- Return the Skurtt Scooter in working condition or immediately notify Skurtt if the Skurtt Scooter requires maintenance via the App or Email.
- You may only use the provided official Skurtt charger for charging the Skurtt scooter at all times.
- If the Skurtt Scooter is returned to a Skurtt authorized parking location or sent to an authorized Skurtt repair location after 8:00 a.m. local time the following day or such later time as provided by Skurtt in its sole discretion, your total payment (including any incentives) for Services related to such Skurtt Scooter may be reduced by up to 50% in Skurtt’s sole discretion. Skurtt authorized parking location or sent to an authorized Skurtt repair location within three (3) days from the date you initially picked up the Skurtt Scooter, it will be presumed that you will not be returning the Skurtt Scooter and you will be charged for the full value of the Skurtt Scooter (AED 3,670).
17) PAYMENT FOR YOUR CHARGER SERVICES
- You will receive payment for providing Skurtt Charger Services pursuant to the Agreement. You are entitled to a payment for each Skurtt Scooter that you fully charge to one hundred percent charge (100%) based on the then-applicable rate for the applicable Skurtt Scooter as listed in the App on the day of service, however, that you may only charge up to 20 Skurtt Scooters during any calendar day and will not be paid any fee or compensation for any Skurtt Scooter you charge above 20.
- If a Skurtt Scooter is not returned to the authorized Parking location or repair location within three (3) days from the date that the scooter was initially picked up, it will be presumed that the scooter has been stolen/lost and you will be charged for the full value of the Skurtt scooter (AED 3,670). Skurtt’s computer is the official timekeeping device.. The timeliness of a Skurtt scooter return will be determined in the sole discretion of Skurtt.
- The amount for charging each scooter will be available on the App and once the Scooter is charged and dropped off to the specified location and released for riders Skurtt will automatically credit the amount to your account under the charger section mode “My Earnings”.
18) CHARGER CORDS
You must use charging cords provided by Skurtt. You may be charged a deposit of AED 50 for each cord which will be refunded to you upon return of the Cord if in the same condition as they were received, barring normal wear and tear.
The charger will be couriered to your specified home address upon acceptance of the Charger Services Agreement.
19) REPRESENTATIONS, WARRANTIES AND AGREEMENTS
By providing Skurtt Charger Services, you represent, warrant, and agree that:
- you own, or have the legal right to use the electricity used to charge Skurtt Scooters in your possession;
- you have access to and will provide reasonable spacing and ventilation of Skurtt Scooters while charging to prevent overheating of the Skurtt Scooters and Cords.
CONTACT INFORMATION
If you have any questions about this Charger Services Agreement, would like to exercise your rights regarding your information that we hold, you should Contact.
+97143332236