Terms and Conditions
Thanks for trending with us!
These terms (“Terms”) govern your use of our various products and services in the country where you live (collectively, our “Services”). They are provided to you by Trend Micromobility Ltd. ‘trend’ By using our Services (including using our App or creating a user account, 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 an entity you’ve included in your user account registration.
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 when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course 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.
Please note that your home city may also have additional terms and conditions that you should be aware of when you use our Services.
IMPORTANT NOTE ON ARBITRATION: PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION IN SECTION 16, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.
- What Trend Offers
Trend was founded on the simple idea that all communities deserve access to smart, clean affordable and sustainable mobility. We are continually evolving our Services. In these Terms, we often refer to these services as a “Product” or all them collectively as “Products”. Our Services also include our mobile application (the “App”), all other related equipment, maintenance, charging, personnel, our websites (including this one), and any other information, technology and services provided or otherwise made available to you in our discretion. Our Services may come with additional terms or product requirements, which we will make available to you with the relevant Services and they will become part of your agreement with us when you use them. Please note that we are not a common carrier, we offer our Services as a convenience to those who are able and qualified to operate them, and alternative means of public and private transportation are available to you and the general public.
- Your Trend User Account
- Account Set Up. You need an account to use our Services, which requires a valid debit or credit card or other approved payment method with expiration date (which is passed to our third party payment processor – we do not receive or store this information ourselves) as well as other requested information depending on the Product (a driver’s license is required in some jurisdictions). What you provide us must be true, accurate, complete and updated as necessary to remain accurate. Create a username and a strong password and don’t share either with anyone – your account is personal to you and not intended for anyone else, and you are responsible for all activity that occurs under it. Let us know immediately if you suspect unauthorized use of your account. We have the right to provide your various account details (like billing, account, content or use records and related information) if required by law (which may include mandatory data sharing with governments), and to protect our rights, customers or business.
- A Note on Fraud. We take it seriously, both for your protection and ours. You may only use a payment method that belongs to you personally and that you authorize us to charge this payment method for any charges you incur on your account. If we suspect that any information you’ve provided is inaccurate, incomplete or fraudulent, we may suspend or terminate your account and pass it on to the relevant authorities and the police. During that time, you will lose access to some or all of our Services, either temporarily or permanently.
- Using the App and our Services
You can use the App to locate, reserve and access our available Products. Please understand that for supply and related reasons, we reserve the right to accept or reject your reservation requests, and your receipt of our confirmation does not necessarily equal acceptance or constitute confirmation of our offer to make the Services available in any particular instance. If your reservation via the App is rejected after your request, you’ll receive the applicable refund assuming your payment method was charged in the first place. If pricing in the App turns out to be incorrect for any reason, we reserve the right to cancel or reject a corresponding reservation and will issue you the applicable refund.
A Few Essential Rules.
- Unless we give you express permission otherwise, you must be the only user of our Services, additional rules in these Terms or otherwise communicated to you may also apply.
- In some countries we do allow the same account to rent more than one of out products at the same time. However, in cases where the account holder decides to use this option, the contract remains between us and the account holder. The account holder remains responsible for our product and the safe use of it.
- You must be at least 18 years of age to use our products & services.
- You must be able to operate our Products in a competent manner. You know how to use them and are physically able to do so. You understand that adverse weather conditions can impact safety and you are able to respond accordingly.
- While we do our best to educate you on local laws governing how to use our Products, please ensure that you have familiarized yourself with these laws as well, which you must follow when you use our Services. Don’t use our Services in prohibited areas, and make sure you understand the laws on sidewalk use, parking, alcohol/drug use during operation.
- Don’t tamper with, vandalize or try to gain unauthorized access to our Services, this is a criminal offence, this may lead to a report to the police against you and permanent account suspension.
Safety First! – Helmets, and Safety Checks.
We recommend that you wear a helmet at any time you use our products. It should be sized, fitted and fastened per manufacturer instructions, preferably Snell, CPSC, ANSI or ASTM-approved. Helmets and other protective gear are no guarantee against personal injury. However, helmets are required by law in some areas, wear one if those laws apply to your area.
We do our best to keep each Product in good condition, but you should still perform a safety check on the Product before you use it, including all of these:
- Did you check its general condition (wheels, tires, etc.)?
- Do its brakes and lights work?
- Is the battery charged?
- Is there any other sign of damage, unusual or excessive wear or is maintenance needed, if so, please message us though the app to let us know.
Something could have happened to the Product since its condition was last checked, and we need you to tell us if something isn’t working properly if you notice it before we do. If you notice any of these or other issues in a Product before your use, don’t use it. Reserve another one instead. If you notice something during use, stop your trip as safely as you can and as soon as possible. If you don’t report these issues, we may have to attribute them to you, including holding you responsible for any associated costs, so please tell us if anything you see doesn’t look right. Make sure you send us a picture after every ride though the app.
Additional Rules for Electric Products.
- Electric Products require periodic battery charging to operate. Their level of charge power will decrease with use over both time and distance. They lose their battery charge for various reasons, including due to weather, road conditions, Product type and other factors.
- It is your responsibility to be aware of the level of charge power in the Product you are using. As part of our Services, we work diligently to ensure that our Products have adequate charge for your general use, but we don’t know where you intend to go and we can’t guarantee the electric Product you use has enough charge power to get you there.
- Be Safe When Using Our Products!
We want a safe experience for you and those around you in your community, and that means we have some rules. Aside from simply exercising caution and good judgment, you shouldn’t carry any items (like a briefcase or a bag) or use any device (like a cell phone or other portable device) as they may impair or hinder safe use. There will not always be a designated place for you to ride, such as a bike lane, so exercise caution when riding around cars and other traffic (we aren’t responsible for the actions of drivers, pedestrians, or other third parties). You may not use our Services while under the influence of alcohol, drugs or other substances. Don’t carry other people or animals while using our Services. Don’t leave a Product in a manner or location which we can’t access. We may charge you up to $400 USD if we are not able to retrieve any Product due to your actions.
You are also not permitted to use our Services to participate in activities beyond a particular Product’s intended use. Some of these are obvious, but for example, no racing, mountain riding, stunts or trick-riding, and don’t take a Product off-road or through massive amounts of water (beyond normal urban riding, of course). All of these uses can damage our Products. You may not use our Services for hire, reward or for any other commercial use (like advertising, ride-sharing or food delivery). Do not use our Services in violation of any law.
- Treat Our Products Like They Were Your Own!
- Proper Use. Treat our Products with respect. They have weight limitations – 150kgon scooters. We expect you to use the Products safely.
- Damage. We expect that other than normal wear and tear, you’ll return (meaning locking up and/or deactivating) a Product in the same condition in which you found it. If you damage it (accidentally or intentionally), or fail to properly return it and damage occurs, you’ll be responsible for the associated costs, $600 USD for electric scooter. The same charges will apply for any Product not returned within 48 hours, which we consider lost or stolen and, depending on the circumstances, we may need to file a police report against you. We also reserve the right to take any action against you that the law allows, including holding you liable for the value of the Product.
- Periods of Use. You can use a Product for up to 12 hours. Keep track of your time. You need to return the Product within that time period.
- Product Pick-Up. If you are unable to return a Product to a valid area (for example, you have to leave it on private property, in a locked community or an otherwise unreachable area), and you ask that we pick that Product up, we may charge you a pick-up fee of up to $50 USD. If you just plain abandon a Product in a place it shouldn’t be left, you’ll be responsible for all associated fees until it’s recovered, plus a service charge of up to $100. We may change these amounts in our discretion and without notice.
- Accidents or Damage to Products Generally. You must report any accident, crash, damage, personal injury, or a stolen or lost Product to us as soon as possible. If an accident involves personal injury, property damage, you must file a report with the local police department within 24 hours.
Pricing & Payment.
- You may use our Services on a Pay-per-ride (where available), wallet or Subscription basis (where available). All pricing can be found in the App. Please note that we may change the pricing for our Services as we deem necessary or appropriate for our business. Our pricing is exclusive of taxes (like sales and value-added) and other applicable governmental charges. All of these will be charged to your preferred payment method designated in your account based on your use. We will automatically charge and withhold the applicable taxes if required by law. All payments to us are made through a third-party payment processor in the form of payment accepted by them.
- If you have been given authority to use somebody else’s debit or credit card, we need this in writing from a person the payment card belongs to before this payment method can be used. For more details please contact our customer services at email@example.com
- Wallet Payments (Automatic Payments) – this option is turned on by default when signing up. This means that when your balance becomes low, we automatically charge you the minimum amount so that your ride is not interrupted. In cases where the ‘automatic payment’ is turned off or when it is impossible to charge a payment method for whatever reason, the scooter will turn off when your balance reaches 0.00 (Zero). You will then need to pay the unlocking fee again, should you wish to continue the ride.
- Pay-per-ride (where available) – this option means your trend account charges you the exact amount for your ride at the end of the ride. Please make sure you have enough money in your bank to fund the ride. Otherwise, your trend account will go into a negative balance, which may mean your account being deactivated and suspended permanently and your account passed to a debt collection agency.
- Bonus points – You can earn bonus points in the app in a number of ways; while topping up your account, referring us to your friends, being awarded for good parking, etc.. these bonuses have an equal value to real money in the app. They can be used to fund your rides. We give you these bonuses as a gift for FREE. However, these bonuses are not transferable, refundable, or be used in any way outside the app. We reserve the right to cancel, change or withdraw points from your balance as we see appropriate.
At various times we provide promotional codes for discounted or FREE trips. Please understand that these are one-time offers and only redeemable via the App and we may modify or cancel them at any time. We limit these to 1 per user and account, they can’t be combined with other offers, they will expire in accordance with their terms and are not transferable, refundable or permitted to be resold.
We give you the option to invite your family and friends to trend, giving them free rides, while earning free rides yourself! However, in order for the invite to be successful, the invitee must fully sign up and take a ride worth 5 GEL. Only after such an invite, you will earn a free ride or a cash bonus which can be used to take a ride. Free rides or free cash bonus earned through the referral program are not refundable or transferable. We further reserve the right to change the amount or the minutes of the rides offered as appropriate for our business.
- Subscriptions (where available) – this option gives you access to our services for the prescribed time only. More details will always be given under the subscriptions in the app.
- Your subscription will begin on the date your first payment is received, and our third-party payment processor will charge your preferred payment method within 30 days of authorization. Your subscription will continue unless you request to cancel it.
- The applicable price is the price at the time you submit your order (we reserve the right to change prices over time, and we do not provide price protection or refunds in the event of a price drop or promotional offering). We’ll automatically bill and charge you each month during the term of your subscription.
- We may offer a variety of membership plans, including free trials, discounted pricing for limited times or special third-party promotional plans that may have different or additional terms disclosed to you at or before sign-up.
- We reserve the right to modify, terminate or otherwise amend any subscription membership plans.
- We may cancel your subscription for any or no reason on 30 days prior written notice to you. You may do the same, but if it’s in the middle of your subscription term, you will not receive a refund for partial months and it may mean you forfeit any membership fee. We may also cancel your subscription if you fail to pay amounts due, or if you are in material breach of these Terms.
- Our subscription will automatically renew at the then-current prices for the same length of time as your original membership term. It will continue indefinitely unless you cancel it before the end of your then-current subscription term. Our pricing and applicable taxes and fees may change over time, so the pricing from one subscription term to the next may be different. We reserve the right to change subscription pricing at any time, but if we do, we’ll give you notice of such change first. If you don’t agree with the new pricing, you can cancel your subscription.
- You have 28 days from the day charges appear on your account statement to dispute them – after that, you are deemed to have accepted these charges.
Fines and Fees
- When you are using our Services, you must comply with the laws that apply to you. If you receive a ticket or a fine, cause a Product to be impounded or receive any other penalties or fees, you’ll be responsible for the associated costs.
- Warranty Disclaimers
We provide our Services using a commercially reasonable level of skill and care, and while we strive for the highest quality in everything we do, there are certain things we cannot promise of our Services. WE PROVIDE OUR SERVICES “AS IS” AND “AS AVAILABLE.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, THE RELEASED PARTIES (WHICH WE DEFINE IN THE NEXT PARAGRAPH) DO NOT MAKE ANY SPECIFIC PROMISES ABOUT ANY SERVICES, WHETHER ABOUT THE SPECIFIC FUNCTIONS OF SUCH SERVICES, THEIR RELIABILITY, QUALITY, AVAILABILITY OR ABILITY TO MEET YOUR SPECIFIC NEEDS OR OTHERWISE, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE AND OUR RELEASED PARTIES EXCLUDE ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
- Limitation of Liability
WHEN PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN ALL CASES, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
OUR PRODUCTS ARE MACHINES AND THERE IS INHERENT RISK ASSOCIATED WITH USING THEM, INCLUDING DUE TO MALFUNCTION NO MATTER HOW WELL THEY ARE MAINTAINED. THESE RISKS ARE NOT ALWAYS OBVIOUS, AND THEY MAY CAUSE PROPERTY DAMAGE, INJURY OR EVEN DEATH TO YOU OR OTHERS. BY USING OUR SERVICES, YOU AGREE THAT YOU UNDERSTAND THESE RISKS, THAT IT IS YOUR RESPONSIBILITY TO USE OUR SERVICES SAFELY AND THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IS YOURS AND YOURS ALONE. YOU ARE RESPONSIBLE FOR ANY HARM YOU CAUSE TO OTHER PEOPLE OR PROPERTY.
YOU HEREBY WAIVE ANY AND ALL CLAIMS, INCLUDING THOSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY AND/OR ANY OTHER GROUNDS, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
THE PROVISIONS IN THIS SECTION 8 APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
When we use the term “Released Parties” in these Terms, we mean (i) us and our affiliates and subsidiaries and our and their respective owners, managers, officers, employees, directors, agents, representatives, successors, assigns, licensees, distributors, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) municipalities and public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services, (iii) owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorise us to operate any of the Services on its premises, and (iv) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
You agree to indemnify and hold the Released Parties harmless from any and all claims, actions, costs, damages, penalties, fines, demands, losses, liabilities and expenses (including attorneys’ fees and court costs) arising out of or in connection with (i) your use of the Services (including the payment of fines and other fees in Section 6 above), (ii) your breach or violation of any of these Terms or any applicable law, (iii) any of the Released Parties’ use of your content discussed in Section 13, or (iv) your violation of the rights of any third party. The Released Parties reserve the right to assume the exclusive defence of any of the foregoing, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent. You agree that the obligations in this Section 9 will survive any termination of these Terms, your user account or your access to our Services generally.
- Your Personal Information
Our collection and use of personal information in connection with the Services is set forth in our Privacy Notice. We and/or our third-party contractors monitor the location, charge (for electric Products) and we may collect information regarding your use of the Services, subject to our Privacy Notice.
- Text Messages and Telephone Calls
Unless you opt out, you agree that we may contact you by telephone, SMS or text message (including through use of an automatic telephone dialling system) at the phone numbers you have provided to us, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You may opt out of receiving telephone calls, SMS or text messages from us at any time.
- Content Provided by You
You may at times be invited to submit content to us (like a comment to a blog post, to participate in our communities or provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted. This license continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential.
Do not submit any content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. We have the right, but not the obligation, to review, monitor or remove your content at any time for any reason without notice.
- Third Party Services and Content
- Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services (including the App) and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
These Terms will be governed by and construed in accordance with the English law, without regard to its conflicts of law provisions. You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to a related or affiliated entity or in the event of a sale of all or substantially all of our assets or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Services. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. This provision will not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Force majeure events may prevent us from providing the Services. Note that when we say “include” or “including” throughout these Terms, we really mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.
- MUTUAL ARBITRATION PROVISION
16.1 The Customer and Company agree to a negotiation period of 90 (ninety) days before pursuing any other proceedings. All terms of service, agreements, and fees detailed within this contract will be applicable during this time.
16.2 Subject to the negotiation provisions set out above and if no resolution has been obtained, the dispute will be resolved by arbitration. Customer or Company may serve notice of its desire to refer a dispute to arbitration. The decision arrived at by the arbitrator(s) shall be final and binding and no appeal shall lie therefrom. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including each party’s reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party or, at the discretion of the arbitrator(s), may be prorated between the parties in such proportion as the arbitrator(s) determine(s) to be equitable and shall be awarded as part of the arbitrators’ award.
16.3 Class Action Waiver. We each mutually agree that by entering into this agreement to arbitrate, we both waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). In any case in which (1) the dispute is filed as a class, collective or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any other clause contained in this Section 16 or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
16.4 Any arbitration shall be governed by the then-current Commercial Arbitration Rules of the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and our officer or legal representative consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in England, United Kingdom.
16.5 Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted at Her Majesty’s Courts and Tribunals Services, in England.
16.6 This Mutual Arbitration Provision will survive any termination of your relationship with us.
16.7 This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. This Section 16 can be amended only by our mutual written agreement. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable