1.
GENERAL PROVISIONS
1.1. Services
and the Contract for the Provision of Services
These Terms and Conditions shall apply when you: (i) visit and use the
Website of SPARK www.spark.lt; (ii) use the Mobile
Application of SPARK; (iii) register your Account in the Mobile Application;
(iv) reserve a Vehicle and seek to conclude the Vehicle Use Agreement; (v) use
the Vehicle; (vi) use other services provided by SPARK through your Account (hereinafter
all services collectively referred to as the “Services”). The Terms and
Conditions shall set out the general rules applicable to the Services.
Whenever you unlock the Vehicle, you confirm the Vehicle Use Agreement
which shall be applicable to the particular use of the Vehicle. The Vehicle use
service may be provided by SPARK
or another Operator of the Vehicle through the Platform.
These
Terms and Conditions, the Vehicle Use Rules and the Vehicle Use
Agreement (if concluded) shall constitute one Contract for the Provision of
Services between you and the Operator of the Vehicle which shall be binding
upon you and the Operator of the Vehicle. Prior to reservation of the Vehicle
or before starting to use it, you should first carefully read these Terms and
Conditions. By concluding the Agreement you shall
confirm that you have familiarised yourself with the Terms and Conditions, the
Rules, the Privacy Policy and undertake to comply with them throughout the term
of period of use of the Services and, as far as applicable, upon expiry of use
of the Services.
1.2. Definitions:
For the purposes of these Terms and Conditions, the capitalised
terms shall have the following meanings:
“SPARK” shall mean Ride Share UAB, legal
entity registration number 304136890, with the registered office at the address
Aukštaičių st. 7, Vilnius,
Republic of Lithuania, e-mail address info@spark.lt, telephone 8 700 77275.
“Operator of the Vehicle” shall mean SPARK or another legal operator of the Vehicle indicated in
the Vehicle Use Agreement.
“User” shall mean the natural person
with legal capacity indicated in the Vehicle Use Agreement who holds a driving
licence and at least 1 (one) year of category B driving experience. Each time
the User registers in the Mobile Application and starts using the Vehicle, the
User shall unconditionally certify that he/she is entitled to use the Vehicle
in accordance with the terms and conditions of the Vehicle Use Agreement.
“Parties” shall mean the Operator of the
Vehicle and the User collectively; each of them shall be individually referred
to as a “Party”.
“Terms and Conditions” shall mean these
general terms and conditions applicable to and binding upon the Parties which together
with the Vehicle Use Agreement and the Vehicle Use Rules shall constitute the
Contract for the Provision of Services.
“Vehicle Use Agreement” shall mean an agreement on use of the
Vehicle concluded between the Parties every time they unlock the Vehicle
remotely, using the Mobile Application.
“Vehicle”
shall mean an electric vehicle provided by the Operator of the
Vehicle to the User for temporary operation and use by concluding the Vehicle
Use Agreement.
“Pricelist”
shall mean the amounts of the fees for use of the Vehicle and other services
provided by SPARK available in the Mobile Application.
“Loyalty
Program” shall mean the loyalty program which is conducted by SPARK and the terms and conditions of
which shall be available in the Mobile Application.
“Referral
Program”
shall mean the referral program which is conducted by SPARK and the terms and conditions of
which shall be available in the Mobile Application.
“Mobile Application” shall
mean the Vehicle search, reservation, use, payment and
other service provision platform operated by SPARK in the smartphone. The
Mobile Application may be downloaded free of charge from App Store or Google
Play online platforms.
“Account”
shall mean an electronic service in SPARK information system allowing the User
to use the Vehicle use and other services. The User shall be entitled to login
to his/her Account through the Mobile Application after registration in the
Mobile Application. The User shall login to his/her Account using his/her Login
Name or another name and the Password.
“Platform” shall mean SPARK
intermediation services provided in the Mobile Application and the Vehicle
System.
“Login Name”
shall mean the e-mail address of the User specified by him/her when registering
in the Mobile Application.
“Password”
shall mean a sequence of letters, figures and/or symbols which shall be
established by the User when creating his/her Account and which shall be
obligatory for authorisation when logging in to the Account. The User shall
undertake to keep the Password confidential and not to disclose it to any third
parties. The User shall be entitled to change the Password.
“Registration Fee” shall mean a one-off person identification
and Driving Licence verification service fee applicable when the User registers
in the Mobile Application for the first time. By virtue of the afore-mentioned
service, the image of the User shall be recognised according to the photo in
the Driving Licence.
“Website” shall mean the website of SPARK at www.spark.lt.
“Driving Licence” shall mean a valid driving licence issued
in the Republic of Lithuania or the European Union or the European Economic
Area, granting the right to drive vehicles classified as category B the validity
of which may be verified by SPARK in the public registers and issued at least 1
(one) year to the date of conclusion of the Vehicle Use Agreement.
“Content” shall
mean the content on the Website and/or the Mobile Application including all
texts, graphical elements, photos, music, any filmed or video material/records,
trade marks, logos, other
figurative signs, illustrations, computer software and/or separate parts of all
indicated objects, domain names and other business identifiers which are
intellectual property of SPARK or licensors thereof.
2.
REGISTRATION AND ACCOUNT
2.1. In order to conclude the Vehicle
Use Agreement, the User shall be obliged to download the Mobile Application to
his/her smart device and create an Account.
2.2. The User shall be entitled to create his/her Account
in the Mobile Application, download it free of charge from App Store or Google
Play online platforms.
2.3.
For the purposes
of identification of the User, at the moment of
registration the User shall be requested to a take a photo of his/her face with
his/her smartphone so that the latter matched the photo in the Driving Licence.
2.4.
The User
shall be entitled to use the Account: (i) after completion of the requested
registration form and accepting these Terms and Conditions; (ii) after clicking
the button “Register”; (iii) after payment of the Registration Fee; (iv) after
confirmation of the registration by e-mail.
2.5. The User shall be entitled to use the Account free of
charge and for an indefinite period of time till
proper performance of the obligations under the Contract for the Provision of
Services by the User. The User shall be entitled at any time to delete the
Account by himself/herself or address SPARK for deletion of his/her Account by
e-mail info@spark.lt. If the
User fails to use the Account for 3 years in succession as provided for in the
Privacy Policy, SPARK shall be entitled to delete your Account. In case of
deletion of your Account, SPARK shall delete your personal data in accordance
with the provisions set forth in the Privacy Policy.
2.6. The data of login to the Account shall be provided
only to the particular natural person; thus, the User
shall be obliged to keep such data confidential and not to disclose it anyone. All
actions carried out by the User via the Account shall be deemed to be carried
out by the User himself/herself.
2.7. The User shall be obliged to immediately notify
SPARK in case of loss of his/her login data (the Login Name and/or the
Password) and/or if it becomes available to third parties. Having received a
notice, SPARK shall undertake to immediately but not later than within 1 (one)
working day provide new login data.
2.8. Any losses arising after giving the notice referred
to in paragraph 2.7 hereof to SPARK shall be attributed to SPARK except for the
cases where the losses have arisen out of unfair actions of the User.
3.
PROHIBITED CONDUCT AND LIABILITY
3.1. The User shall undertake:
3.1.1. to provide correct and relevant data when creating
the Account;
3.1.2. to immediately update any data which has changed and which may be changed in the settings of the
Account;
3.1.3. to use the Website and/or the Mobile Application
without hindering operation thereof;
3.1.4. to use the Website and/or the Mobile Application in
accordance with the requirements of the Terms and Conditions and the applicable
legislation;
3.1.5. to use the Website and/or the Mobile Application
without causing any inconveniences to other Users and/or SPARK;
3.1.6. not to carry out any actions and not to transfer the
Contract in a manner infringing the copyright or other intellectual property
rights of SPARK or third parties;
3.1.7. not to distribute any content prohibited by the law
on the Website and/or the Mobile Application;
3.1.8. not to carry out any actions aimed at
misappropriation of information or data belonging to SPARK or affect the
operational and technical functionalities of the Website and/or the Mobile Application;
3.1.9. not to publish any software, documents or links to
other websites and not to publish any content with viruses, corrupted files or
other similar software or applications which may have an adverse effect on
operation or functioning of the Website and/or the Mobile Application;
3.1.10. not to engage in prohibited mass extraction of
information by different automated means and methods, thus, collecting personal
information or employing any prohibited means of collection of information;
3.1.11. not to take any actions due to which the network or
infrastructure of SPARK would be under unreasonable or disproportionately high load;
3.1.12. not to try to decipher, split, destroy or change the
software on the basis of which or partially on the basis of which the Services
are provided;
3.1.13. not to take actions compromising or aimed at
compromising the security of the SPARK system or network.
3.2. The User shall be liable for carrying out of prohibited
actions in accordance with these Terms and Conditions and undertake to
indemnify SPARK and/or third parties against direct and indirect losses
incurred as a result of carrying out such actions.
3.3. If the User breaches his/her obligations provided for
in paragraphs 3.1.1–3.1.13 hereof, SPARK shall reserve the right to restrict
the User’s access to the Account till the breach is not eliminated and/or the
losses are compensated.
4.
LIMITATION OF LIABILITY
4.1. To the extent permitted by the law, SPARK shall not
be liable towards the User or other persons for indirect losses or any loss of
data, possibilities, reputation, profit or income in
relation to use of the Services. The afore-mentioned provision shall not be
applicable in case of intent or gross negligence of SPARK and in case of casing
harm to life or health of the User.
4.2.
SPARK shall not warrant that the Services shall meet
the User’s expectations; that provision of the Services shall be uninterrupted,
timely, safe or flawless; that any errors or defects
in the system of provision of the Services shall be eliminated; that the Services
shall be accessible at any time; that the Services do not contain or cannot
contain viruses or other harmful components. The User shall be fully liable and
assume the risk of losses which may arise out of downloading and/or use of
data, information, content or other material which is
received using the Services.
5.
PAYMENT AND SETTLEMENT PROCEDURE
5.1. At the moment of
registration of the Account, the User shall undertake to pay to SPARK the Registration Fee which shall be indicated in the
Mobile Application. If the customer agrees, the fee shall be debited from
his/her payment card registered on the Mobile Application. The Registration Fee
shall not be repaid in the following cases:
5.1.1. after
successfully adding the Driving Licence to the Account and confirmation of the
Driving Licence by SPARK;
5.1.2. after
passing the identification process;
5.1.3. after
the User starts using SPARK or the Services provided by the Operator of the Vehicle;
5.1.4. in
other justified cases.
5.2. In
case of conclusion of the Vehicle Use Agreement, the User shall pay to SPARK
the fee for use of the Vehicle in accordance with the Pricelist valid at the moment of conclusion of the Vehicle Use Agreement.
5.3. At the moment of registration of the Account, the User
shall certify that he/she is entitled to use the payment card registered by
him/her on the Mobile Application when creating his/her Account and an amount
of funds in the card is sufficient for payment. The payment card registered in
the Mobile Application must allow automatic debits from the accounts linked to
the card.
5.4. If
the Vehicle is used continuously for a period of time
after which the daily use price of the Vehicle is reached in accordance with
the rates set out in the Pricelist, the User undertakes to pay immediately for
the period of use of the Vehicle, notwithstanding the fact that the Vehicle is
still in use.
5.5. User shall pay any fees for SPARK Services via one of
the payment options (which will always include credit or debit card). When User
place an order for Vehicle use, SPARK may need to verify User’s payment method
by issuing a temporary authorisation hold from User bank. When User’s order has
been completed, if User’s opinion a payment is incorrect, User must inform the
SPARK in writing regarding any discrepancies.
5.6. Fees are calculated in accordance with the data on the
Website, Mobile Application, and Vehicle System. SPARK, based on data on the
Website, Mobile Application, and in Vehicle System, shall form and provide the
User with an invoice. The User agrees that the invoices shall be provided only
via electronic means – in the User’s Website account and User’s e-mail
registered therein. Upon receiving invoices, the User must within 3 (three)
business days verify if the data provided in the invoices is true and inform
the SPARK in writing regarding any discrepancies. The User must submit to the
SPARK, within 5 (five) business days from the day of receipt of the invoice,
any claims related to the information provided in the invoices. In case the
User fails to provide any claims within the period indicated above, it shall be
considered that the User agrees with the provided invoice. The invoice for
using the Vehicle shall be issued to the person who concludes the contract for
the Use of the Vehicle and is not subject to change.
5.7.
SPARK shall be
entitled to automatically debit the amounts of the Registration Fee, the fee
for use of the Vehicle, other fees for the services of SPARK from the User’s payment card. In cases where the
balance of the funds in the payment card attached to the Account is
insufficient, SPARK shall be entitled to set an additional payment term; in
such case, the User shall undertake to pay all payable amounts within the time
limit set by SPARK. The User shall undertake to pay to SPARK default interest
at the rate of 0.02% (two hundredths per cent) from the delinquent amount.
5.8. Where
SPARK is obliged to repay any amounts paid by the User to the User, such
amounts shall be repaid to the same payment card or bank account from which the
User’s payment was received unless otherwise agreed by the Parties.
6.
LICENCE
6.1.
The Mobile
Application, the Platform, the Website, separate elements thereof including
software, codes, algorithms, databases, texts, design as well as the Content on
the Website or the Mobile Application and all exclusive copyrights, rights to
databases and other intellectual property rights shall belong to SPARK or its
partners.
6.2.
SPARK shall grant to the User a non-exclusive, non-transferable right
(licence) to use the Mobile Application, the Platform, the Website, the Content
or related intellectual property only for personal use and only to the extent
necessary for receipt of the Services to the extent provided for in the
Contract for Provision of the Services. Other use of the Mobile Application,
the Platform, the Website or the Content shall be
possible only with an express written consent of SPARK.
6.3.
The User
shall be deemed to be the owner of all information and content provided while
using the Account services. The User shall grant to SPARK a non-exclusive
licence, i.e. transferable, sublicensed right to use,
copy, process information and content for the purposes of provision of the Services
(except for the data the use and transfer of which is restricted by the
applicable legal acts) throughout the world without additional consent, notice
and/or compensation to the User or other persons.
7.
MARKETING AND PROVISION OF INFORMATION
7.1.
SPARK shall
be entitled to organise different sales promotions and put forward special
proposals to the User, implement the Loyalty or Referral program published on
the Website and/or the Mobile Application.
7.2.
SPARK shall
send notices to the User to the e-mail address indicated by the User.
7.3.
The User
shall send all notices and enquiries to SPARK to the e-mail address info@spark.lt.
7.4.
SPARK shall
not be liable if the User does not received the sent
information or confirmation notices due to failures of internet connection,
networks of e-mail service providers, if the messages are in SPAM folder or due
to the data incorrectly indicated by the User.
7.5.
Personal
data of the User may be processed for marketing purposes in accordance with the
procedure and in accordance with the terms and conditions indicated in the
Privacy Policy.
8.
PROTECTION OF PERSONAL DATA
8.1.
SPARK shall
process personal data of the Users as the controller of personal data.
8.2.
More
information on personal data processing shall be available in the Privacy
Policy published on the Website and the Mobile Application.
9.
FINAL PROVISIONS
9.1.
These
Terms and Conditions may be amended for objective reasons by giving a 3 (three)
working days’ notice to the User by e-mail by SPARK. The new Terms and
Conditions shall come into force 3 (three) working days from the date of
sending the notice to the User by e-mail. If the User does not accept the
amendments, he/she shall be entitled to terminate the Contract for the
Provision of Services till the date of entry into force of the amendments. If the User
fails to exercise the right to terminate the Contract for the Provision of
Services before entry into force of the amendments, he/she shall be deemed to
have accepted the amendments to the Terms and Conditions. Each separate Vehicle
Use Agreement shall be subject to the version of the Terms and Conditions valid
at the moment of conclusion of the Agreement.
9.2.
The relevant and
valid version of the Terms and Conditions shall be always available on the
Website and the Mobile Application.
9.3.
SPARK shall be entitled to assign all its
rights and duties hereunder without the User’s consent in case if such transfer
of the rights and duties does not affect the User’s situation hereunder. The
User cannot transfer or assign any rights and duties in accordance with these
Terms and Conditions without a prior written consent of SPARK and any unlawful
transfer of such rights and duties shall be deemed to be invalid.
9.4. The
User shall agree that SPARK is entitled to apply the debt recovery procedure
including assignment of the right of claim to a third party (debt collection
company etc.) without a separate consent of the User if such assignment of the
rights and duties does not affect the warranties granted to the User in
accordance with the Terms and Conditions. Additional costs of SPARK in relation
to recovery of the debts shall be compensated at the User’s expense.
9.5. Either
Party shall be entitled to unilaterally terminate the Contract for the
Provision of Services under out-of-court procedure by giving a 10 (ten) days’
written notice to the other Party. SPARK shall be entitled to unilaterally
terminate the Contract for the Provision of Services under out-of-court
procedure by giving a written notice to the User if the User materially
breaches the Contract for the Provision of Services. A material breach of the
Contract for the Provision of Services shall be deemed to include the following
breaches (including but not limited to): delay to pay any payable amount for
more than 10 (ten) calendar days; repeated non-performance or improper
performance of any obligations provided for in the Contract for the Provision
of Services or international carrying out of unfair actions which undermine or
may undermine operation of the Vehicle, the Vehicle System and/or the Mobile
Application and as provided in paragraph 3.3. of the Terms and Conditions or
paragraphs 3.8., 4.3.1 – 4.3.13., 5.3., 8.12. of the Rules. In case of the
afore-mentioned breaches, SPARK shall also be entitled to block the User’s
Account and no payments made, the administrative fee, the membership fee paid
by the User shall not be repaid to him/her and eGO
points or gift vouchers, including those obtained by the User using the
Referral Program shall not be converted into money and repaid to the User.
9.6. These
Terms and Conditions and provision of the Services shall be governed by the law
of the Republic of Lithuania.
9.7. If any provision of the Terms and Conditions is in conflict with the legislation of the Republic of
Lithuania or for any reason becomes partially or fully invalid, it shall not
affect the validity of the remaining provisions of the Terms and Conditions.
9.8. Every dispute, disagreement or claim arising out of or
in relation to the Contract for the Provision of Services, a breach,
termination and/or validity thereof shall be resolved before the competent
court of the Republic of Lithuania.
9.9. The
User shall have the opportunity to resolve any disputes with SPARK by
electronic means under out-of-court procedure. First, the User shall address
SPARK in writing and if SPARK fails to respond to the User’s claim or fails to
satisfy the User’s claim within 14 (fourteen) days, the User shall be entitled
to address to the entity resolving consumer disputes, i.e. the State Consumer
Rights Protection Authority (Vilniaus g. 25, 01402 Vilnius, e-mail tarnyba@vvtat.lt, tel. 852626751, website www.vvtat.lt) or its territorial units in counties or
fill in the application form on the EGS platform http://ec.europa.eu/odr/ under
out-of-court procedure.