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Terms of Use

THE PUBLIC OFFER

on the conclusion of a Contract for the granting of the right to use the KONTAKTPLUS Individual Mobility Platform (Terms of use of the service)

Place of contract: BAKU, Azerbaijan Republic,
(revised edition dated on April 13, 2022)

The current document is a Public Offer (hereinafter also referred to as the "Offer" or the "Public Offer") of the ABC-TELECOM LLC acting pursuant to the Charter, hereinafter referred to as the "Rightholder", intended for a legally capable individual (a citizen of the Republic of Azerbaijan, a foreign citizen, or a stateless person), hereinafter referred to as the "User"), jointly and individually referred to as the "Parties" and the "Party", respectively, covering the conclusion of a Contract for the granting of the right to use the KONTAKTPLUS Individual Mobility Platform (hereinafter also referred to as the "Contract") subject to the terms set herein.

1. Basic terms and definitions used in the Contract

  • 1.1. The Acceptance – the complete acceptance without modification by the User of an offer to conclude a Contract with the Rightholder subject to the terms set herein, with conclusion of such a Contract between the Parties as the legal consequence. Acceptance is expressed by the User in the ways specified within this Offer.
  • 1.2. The Lease (or the Rent) – the right of ownership and use of an Electric Kick Scooter as intended provided by the Rightholder to the User in conformity with the Contract, from the start of the Lease/Rent until the end of the Lease/Rent, according to the contractual rules. As used herein, the "Rent" and "Lease" terms are used as equivalent.
  • 1.3. The Direct Debit – the debiting of funds from a bank card specified by the User in pursuance of the Contract. Funds are debited with no additional consent from the User, according to the rules and following the procedure provided for by the current legislation and the present Contract.
  • 1.4. The Reservation – a feature of the Mobile App ensuring the reservation of the selected Electric Kick Scooter by this User for the Reservation period.
  • 1.5. The Group Ride – a feature of the Mobile App allowing one User to rent several Electric Kick Scooters at once.
  • 1.6. The Contract – an agreement between the Rightholder and the User concluded subject to the terms set herein following the Acceptance of the Offer by the User. The Contract, in its legal nature, is mixed and includes parts of a license contract (a contract for the granting of the right to use a Mobile App), as well as a short lease agreement for Electric Kick Scooters.
  • 1.7. The Speed Limit Area – an area specified in the Mobile App with the maximum speed of the Electric Kick Scooter limited to the Mobile App-specified value by means of the software and hardware of the Rightholder. Entering the specified area (crossing its border), the Electric Kick Scooter will smoothly and automatically switch the speed mode to a slower one (corresponding to the speed limit). It will return to the normal speed mode when leaving the area (crossing its border).
  • 1.8. The Riding Area – an area indicated on the map in the Mobile App for the User to use the Electric Kick Scooter under the Contract. The use of an Electric Kick Scooter by the User outside the Riding Area is not allowed and is a violation of the Contract.
  • 1.9. The Customer Support (also "Customer Support Service") — the Rightholder's support service, providing information assistance to the User as requested by phone or in a chat in the Mobile App.
  • 1.10. The License – a non-exclusive right granted by the Rightholder to the User in accordance with the Contract to use the Mobile App subject to the terms set herein.
  • 1.11. The KONTAKTPLUS Mobile Application (also referred to as the "Mobile App") is a mobile Android/iOS application allowing Users to use the feature of the KONTAKTPLUS Individual Mobility Platform, including the search for Electric Kick Scooters, the start and end of an Electric Kick Scooter ride, as well as other features provided by the Mobile App. The indicated term covers both the current version of the Mobile App and all its subsequent updates and new versions.
  • 1.12. The Parking Space/Area – a space (area) indicated on the map in the Mobile App where the User can complete the Lease of an Electric Kick Scooter. This may be an area that is not equipped with a rack to lock an Electric Kick Scooter (Virtual parking) or an area with an appropriate rack installed (in particular, bicycle parking).
  • 1.13. Traffic Regulations – traffic laws approved by the legislation of the Republic of Azerbaijan. A reference to the Traffic Regulations in this Offer means a reference to the current version of the Traffic Regulations (or a reference to the corresponding version of the Traffic Regulations to be applied in the case when a different version of the Traffic Regulations is subject to application in accordance with the current legislation).
  • 1.14. Personal data – any information related to the User, including his/her surname, name, and patronymic; year, month, date, and place of birth; address; ID card details, as well as details of another identification paper of the personal data owner; contact phone numbers, e-mail and other information recognized as the personal data in accordance with the current legislation of the Republic of Azerbaijan, which may become known to the Rightholder during the conclusion, execution and/or termination of the Contract.
  • 1.15. The KONTAKTPLUS Individual Mobility Platform is a unified software and hardware system developed by the Rightholder, including a number of related objects (software and technical developments of the Rightholder), including the KONTAKTPLUS Mobile App, as well as Electric Kick Scooters.
  • 1.16. Rightholder's website – a website put on the Internet at: http://KONTAKTPLUS.info/
  • 1.17. The User – a legally capable individual (a citizen of the Republic of Azerbaijan, a foreign citizen, a stateless person) who has reached the age of 18 and is not under guardianship, accepting (providing with Acceptance) this Offer and being a Party to the Contract as a result of the Acceptance of this Offer.
  • 1.18. Rates – the terms establishing the amount of remuneration of the Rightholder under the Contract, including a license fee for granting the User the right to use a Mobile App, as well as a fee for renting Electric Kick Scooters. The rates are available in the Mobile App.
  • 1.19. The Electric Kick Scooter – a shared KONTAKTPLUS electric kick scooter equipped with an IoT controller (the Rightholder's own development), provided for temporary possession and use to the User in accordance with the Contract as an integral part of the KONTAKTPLUS Individual Mobility Platform.

2. Subject of the Contract

2.1. License

  • 2.1.1. Under the Contract, the Rightholder grants the User for the duration of this Contract a non-exclusive right to use the KONTAKTPLUS Mobile App (as defined in clause 1.11 of this Contract), within the limits established by the Contract, and the User undertakes to pay the Rightholder remuneration for the granted right in accordance with the terms of the Contract.
  • 2.1.2. The User is granted the right to use (subject to the restrictions established by this section 2.1 of the Offer (including clauses 2.1.6 and 2.1.8) and the current legislation) all elements of the Mobile App, including:
    • - the Mobile App interface;
    • - the design features, including all design elements and original design solutions used in visualization displayed by the program on the screen, in the interface of the Mobile App, the location of the design elements of the Mobile App, etc.;
    • - images, texts, information materials used in the Mobile App and being its integral part.
  • 2.1.3. The Mobile App can be used by the User strictly as intended and in accordance with its features within the KONTAKTPLUS Individual Mobility Platform throughout the entire territory of the exclusive right to the Mobile App. At the same time, the features of the Mobile App may vary depending on the specific territory of its use.
  • 2.1.4. The User, subject to the Contract, acquires the right to use the Mobile App on the territory and in the ways specified in this Offer, on the terms of a non-exclusive license with the retention by the Rightholder of the right to use the Mobile App on the relevant territory and in the appropriate ways.
  • 2.1.5. The exclusive right to the Mobile App belongs to the Rightholder.
  • 2.1.6. The User does not have the right to conclude sublicense contracts with respect to the Mobile App or otherwise transfer the right to use the Mobile App to third parties.
  • 2.1.7. For the purposes of using the Mobile App, in accordance with the Contract, the User has the right to install the Mobile App on an unlimited number of mobile devices.
  • 2.1.8. The User does not have the right to decompile the Mobile App and make changes to the source code of the Mobile App, as well as reproduce, copy and distribute the Mobile App.

2.2. Lease

  • 2.2.1. Under the Contract, the Rightholder transfers the Electric Kick Scooter to the User for temporary possession and use, and the User accepts the Electric Kick Scooter for use for consumer purposes (for personal needs) not related to the implementation of income generating activities. The transfer of the Electric Kick Scooter to the User for Lease is provided through the use of the Mobile App features by the User in the manner provided for by this Offer.
  • 2.2.2. The User has the right to use the Electric Kick Scooter only within the Riding Area. The use of an Electric Kick Scooter is not allowed Outside the specified area, and is blocked using the features of the KONTAKTPLUS Individual Mobility Platform without additional warning from the Rightholder.

3. Terms and procedure for the conclusion of the Contract

  • 3.1. The Acceptance of the Offer is made by the User in electronic form in accordance with the procedure established by this section of the Offer, and entails the conclusion of a Contract between the User and the Rightholder.
  • 3.2. The Contract is concluded via joining the User to the terms established by the Contract as a whole, without any conditions and reservations. Acceptance of this Offer means that the User has read all the provisions of the Contract, agrees with them and assumes unreserved consent to follow them.
  • 3.3. The Acceptance of this Offer is carried out by the User following the set of actions:
    • 3.3.1. Filling of the fields by the User with the information necessary for the registration of the User in the Mobile App according to the features of the Mobile App;
    • 3.3.2. User registration in the Mobile App takes place when the application is launched on a smartphone for the first time. At the same time, by confirming his/her phone number, the User confirms that he/she is fully familiar with the terms of this Offer and confirms his/her consent to the conclusion of the Contract.
    • 3.3.3. In order to use the features of the Mobile App in full, including the Lease of Electric Kick Scooters, the User selects the payment method in the "Wallet" section and specifies the details of his/her bank card. In order to confirm the correctness of the bank card data entry, an amount of up to 10 (ten) kopecks is blocked on the specified card. Successful blocking of the above funds by the Rightholder is one of the conditions for the Acceptance of this Offer. This amount of money is not counted as payment of the license fee and/or rental fee under the Contract and is unblocked during the day.
  • 3.4. The Rightholder is not responsible if the Offer was not accepted and the Contract was not concluded due to the failure to process the information provided by the User for technical reasons.
  • 3.5. Accepting this Offer, the User confirms that any actions carried out in the Mobile App with his/her account are performed individually by the User. All risks associated with unauthorized use of the User's account or mobile device are borne by the User.
  • 3.6. The person accepting the Offer must meet the criteria specified in clause 1.17 of this Offer. If the Rightholder finds out that the person accepting (or the one who already accepted) an Offer does not meet such criteria, one of the following legal consequences takes place:

    if the Contract with the relevant person has not been concluded at the time of establishing the relevant circumstance, the Acceptance of the Offer will be considered incomplete, the Contract will not be concluded, and access to the Mobile App will not be provided to the User;

    if the Contract with the relevant person has been concluded at the time of establishing the relevant circumstance, the Rightholder has the right to immediately terminate the access of the relevant person to the Mobile App (including by blocking the account) and/or unilaterally refuse to execute the Contract.

  • 3.7. If the Rightholder has doubts about the accuracy of the data specified by the User during registration, the bank card data, the belonging of the bank card to the User, as well as in accordance with the criteria specified in paragraph 1.17 of this Offer, the Rightholder has the right to send a request for additional information about the User's identity through the Mobile App or otherwise, including photos of the pages of his/her ID card or other identification paper, photos of the front side of the bank card (without CVV/CVC).
  • 3.8. The User is obliged to provide the Rightholder with the information requested in accordance with clause 3.7 of the Offer. Before the User provides the relevant information to the extent sufficient to eliminate the doubts of the Rightholder:

    if the Contract with the User has not been concluded in accordance with this Section 3, the Acceptance cannot be considered as completed by the User, and the Contract cannot be concluded. Access to the Mobile App is not provided to the person accepting the Offer;

    if a Contract has been concluded with the User, the Rightholder has the right to suspend the User's access to the Mobile App (including by blocking the User's account). After the User provides all the necessary documents, the User's access to the Mobile App is restored by the Rightholder.

4. Rights and obligations of the Parties

4.1. The Rightholder is obliged to:

  • 4.1.1. Provide the User with access to the Mobile App and enable him/her to use it in accordance with the terms of the Contract, except for the cases provided for in the Contract (in particular, clause 3.8 of this Offer);
  • 4.1.2. Provide the User via the Mobile App with information about the Electric Kick Scooter, its main technical features, the amount of the license fee and rental fees, as well as other terms of the Contract;
  • 4.1.3. Provide the User with an Electric Kick Scooter for temporary possession and use in technically sound condition, moving at a speed of up to 25 km/h (taking into account Speed Limit Areas – clause 1.7 of this Offer);
  • 4.1.4. Bear costs of maintaining the Electric Kick Scooter arising in connection with its normal use (other than expenses assigned to the User by the Contract);
  • 4.1.5. Properly perform other obligations arising from the Contract and provided for by the current legislation.

4.2. The Rightholder has the right to:

  • 4.2.1. Verify the information, including personal data provided by the User during registration in the Mobile App, as well as other information specified in clauses 3.7-3.8 of this Offer;
  • 4.2.2. Suspend or terminate the User's access to the Mobile App (including blocking the User's account) in the cases specified in clauses 3.6 and 3.8 of this Offer, if the User has a debt under the Contract, as well as if the Rightholder has suspicions of fraudulent actions involving the User's account or illegal actions against Electric Kick Scooters, other users or third parties, as well as in the presence of any of the grounds for termination of the Contract by the Rightholder specified in clause 9.2 of this Offer;
  • 4.2.3. Process the User's personal data provided during the registration in the Mobile App, as well as received during conclusion and execution of the Contract;
  • 4.2.4. Check the User's debt under the Contract, as well as under other agreements between the User and the Rightholder, if any;
  • 4.2.5. Monitor the safety of the Electric Kick Scooter, as well as its technical state, monitor the compliance of the use of the Electric Kick Scooter with the aims established by this Contract;
  • 4.2.6. Refuse to conclude a Contract if the User provides false or incomplete data required for registration during the registration in the Mobile App;
  • 4.2.7. Refuse to conclude, suspend or terminate a Contract, if the User has debts arising from the Contract and/or other contracts concluded between the User and the Rightholder, until the debt is repaid in full, as well as in case of violation by the User of other terms of this Contract;
  • 4.2.8. Unilaterally amend the Offer (Contract) (including the cost, including the license fee and rental fee, and the rental terms for the Electric Kick Scooters) by posting a new version of this Offer with the amended terms of the Contract on the Rightholder's Website athttp://KONTAKTPLUS.info/app/terms-of-service.html and/or in the Mobile App. The User bears the risk of not getting acquainted with the changes to the Contract. If the User does not agree with the changes to the Contract, he/she is obliged to stop using the Mobile App. The continued use of the Mobile App after the amendment of
  • 4.2.9. Block the movement of the Electric Kick Scooter (including using the software and hardware of the Rightholder) and report the theft to the law enforcement agencies, as well as resort to other ways provided by the law of the Republic fo Azerbaijan to protect its rights if the Electric Kick Scooter is removed by the User from the Riding Area by more than 1 kilometer or in other cases causing the motivated suspicions in the Rightholder about the theft of the Electric Kick Scooter;
  • 4.2.10. Unilaterally terminate the performance of the Contract by notifying the User through the Mobile App, as well as suspend the User's access to the Mobile App, block movement of the Electric Kick Scooter using the software and hardware of the Rightholder (including without termination of the Lease), and if necessary, also terminate the Lease of the Electric Kick Scooter by the User if the Rightholder has sufficient grounds to believe that the User may commit fraudulent actions, as well as other unfair practice (including the use of an Electric Kick Scooter or Mobile App not as intended or other violation of the Contract by the User).
  • 4.2.11. If the Rightholder has doubts about the eligibility to use the registered account, the Rightholder has the right to send a request to the e-mail specified by User during his/her registration in the Mobile App for additional information about the User's identity, including photos of the pages of his/her ID card, or other identification paper. The Parties agreed that in case of failure to provide a response to the request, the Rightholder has the right to suspend and terminate this Contract after three days.
  • 4.2.12. Reduce the maximum speed of the Electric Kick Scooter in case the Electric Kick Scooter entered the Speed Limit Area (clause 1.7 of this Offer).
  • 4.2.13. Change the features of the Mobile App (update the Mobile App) any time and without notifying the User and refuse to execute the Contract to the User with the old (not updated) version of the Mobile App installed on the mobile device, or with mobile device recognized as unsafe for the Mobile App.

4.3. The User has the right to:

The User has the right to use the Mobile App and the Electric Kick Scooter on the terms stipulated in the Contract.

4.4. The User is obliged to:

  • 4.4.1. Inspect the Electric Kick Scooter for damage before using;
  • 4.4.2. Inform the Rightholder about the damage or other deterioration of the Electric Kick Scooter you detected and send photos in the chat of the Customer Support Service in the Mobile App. The User pleads guilty to causing damage during the Lease of the Electric Kick Scooter, if he/she did not notify the Rightholder of existing damages or other deterioration of the Electric Kick Scooter before the start of use, and they were discovered by another User or the Rightholder in the future;
  • 4.4.3. Comply with the procedure of accepting the Electric Kick Scooter for Lease and completing the Lease, provided for in Section 7 of this Contract;
  • 4.4.4. Use the Electric Kick Scooter strictly as intended;
  • 4.4.5. Use the Electric Kick Scooter personally, except for Group Rides, and do not sublet the Electric Kick Scooter for use by third parties;
    • 4.4.5.1 The User has no right to transfer the Electric Kick Scooter for use to third parties under the age of 18;
  • 4.4.6. Ensure the safety of the Electric Kick Scooter from the moment of its Lease until its termination;
  • 4.4.7. Carefully use the property of the Rightholder, as well as take measures to prevent damage to the property of the Rightholder. In this regard, the User is prohibited from a number of actions as follows:
    • 4.4.7.1 The User is prohibited from using the Electric Kick Scooter on uneven surfaces, outside sidewalks and paved paths, moving over any pits, potholes, and hills, other irregularities differing from the main roadway by more than 3 cm, as well as those having sharp edges, or other roadway features creating additional pressure for the wheels of the Electric Kick Scooter, puddles with a depth of more than 1 cm, regardless of the possibility to detect its depth in appearance;
    • 4.4.7.2. The User is prohibited from using an Electric Kick Scooter for driving off-road and on uneven terrain;
    • 4.4.7.3. The User is prohibited from performing stunts, jumping, hitting obstacles, curbs, and steps; using an Electric Kick Scooter in competitions; drifting; driving an electric motor by pulling the throttle in the absence of movement of the kick scooter;
    • 4.4.7.4. The User is forbidden to use an Electric Kick Scooter to transport and tow load; to move on an Electric Kick Scooter for more than one person, as well as to transport children and animals; to move on an Electric Kick Scooter if the total weight (with clothes, bag, backpack, etc.) exceeds 100 kg;
    • 4.4.7.5. The User is forbidden to leave the Electric Kick Scooter after the end of the lease in hard-to-reach areas (entrance lobby, closed territory, etc.), fasten it to unauthorized racks (railings of crossings, entrances of shops, window grates, etc.) or otherwise block the access to the Electric Kick Scooter;
    • 4.4.7.6. The User is forbidden to fold the Electric Kick Scooter (including using the standard mechanism);
    • 4.4.7.7. The User is forbidden to remove stickers, identification numbers, and barcodes, as well as to apply inscriptions, paste stickers, apply marks, damage the paintwork of the Electric Kick Scooter, or make it dirty (except for normal dirt on the platform caused by the outdoor footwear);
    • 4.4.7.8. The User is forbidden to allow a full discharge of the Electric Kick Scooter battery;
    • 4.4.7.9. The User is prohibited from using technologies or taking actions that may harm the Rightholder's Website, Mobile App, Electric Kick Scooter, or other property of the Rightholder;
    • 4.4.7.10. The User is prohibited from making any changes to the Mobile App, as well as to the Electric Kick Scooter or its individual parts, changing any features, making improvements or deterioration of the Electric Kick Scooter;
    • 4.4.7.11. The User is prohibited from leaving the Electric Kick Scooter without movement outside the Parking Space/Area for more than 30 minutes during the Lease period (if the Lease is incomplete).
  • 4.4.8. Immediately notify the Rightholder through the Mobile App of any damage to the Electric Kick Scooter caused during the rent, disconnection of any of the systems, other failures, road accidents involving the Electric Kick Scooter; malfunctions of the Mobile App. Under those circumstances, the User must stop using the Electric Kick Scooter and inform the Rightholder via the chat of the Customer Support in the Mobile App or by e-mail Plus@Kontakt.AZ
  • 4.4.9. Take appropriate measures to protect his/her account, including name and password, in the Mobile App from unauthorized use by other people, and inform the Rightholder of the relevant information, in case of detection of such use;
  • 4.4.10. The User is prohibited from sharing his/her account data with third parties;
  • 4.4.11.Use the Mobile App exclusively within the limits established by the Contract, and avoid violation of the exclusive right of the Rightholder to the Mobile App;
  • 4.4.12. Follow the information updates on the Rightholder's Website, as well as in the Mobile App;
  • 4.4.13. Pay the license fee and rental fee timely and in accordance with the terms of this Contract, make other payments stipulated by the Contract, provide funds on the bank card specified by the User in pursuance of the Contract in an amount sufficient to pay for the rent of the Electric Kick Scooter and the license fee;
    • 4.4.13.1 Pay the rental fee of an Electric Kick Scooter timely and in full, in accordance with the terms of this Contract, even if the Electric Kick Scooter switched to economy mode due to a decrease in charge, or turned off due to the fact that it was discharged during the previous rental period by this User;
  • 4.4.14. Pay the rental fee of an Electric Kick Scooter timely and in full, in accordance with the terms of this Contract, even if the Electric Kick Scooter switched to economy mode due to a decrease in charge, or turned off due to the fact that it was discharged during the previous rental period by this User;
  • 4.4.15.1. As used in the clause 4.4.14 of this Offer, the correct parking of an Electric Kick Scooter means that the User performs a set of actions as follows:
    • enter the Parking Space indicated on the map in the Mobile App with the "P" sign on the Electric Kick Scooter;
    • if there is a lock on the Electric Kick Scooter and if the Parking is not Virtual (clause 1.12 of this Offer) – lock the Electric Kick Scooter to a closed part of the rack/rails;
    • click the "Finish" button in the Mobile App (or the button of the corresponding feature with a different name, if it is named differently in the Mobile App);
    • send photos to the Rightholder using a Mobile App confirming the correctness of parking the Electric Kick Scooter;
    • place the Electric Kick Scooter in a way to not interfere with the movement of pedestrians and/or vehicles (for example, the Electric Kick Scooter must be located as close as possible to the wall, fence, and sidewalk edge, and oriented along (not perpendicular to) the wall, fence, and sidewalk edge.
  • 4.4.15.2. As used in the clause 4.4.14 of this Offer, parking of an Electric Kick Scooter is considered incorrect if the User has committed at least one of the following violations:
    • An Electric Kick Scooter was left outside the Riding Area;
    • An Electric Kick Scooter was left outside the Parking Space/Area indicated on the map in the Mobile App;
    • An Electric Kick Scooter equipped with a lock and left in a Parking Space/Area (not Virtual one) is not secured with a cable and/or lock;
    • The User has not completed the Lease in the Mobile App and at the same time an Electric Kick Scooter has been left without movement for more than 30 minutes;
    • The User has completed the Lease, but no photo has been sent to confirm the correctness of parking in the Mobile App or in a chat with the Customer Support Service in the Mobile App;
    • Placing an Electric Kick Scooter in a way that interferes with the movement of pedestrians and/or vehicles.
  • 4.4.15.3. If it is impossible to perform correct parking for valid reasons related to technical difficulties in the operation of the Mobile App or the Electric Kick Scooter itself, after receiving confirmation from the Customer Support Service, the Electric Kick Scooter can be parked on the side of the road or on the sidewalk, but in such a way to not interfere with the movement of pedestrians and / or vehicles. The User must avoid parking of the Electric Kick Scooter on tram tracks, at railway crossings, in tunnels, on overpasses, bridges, viaducts, at pedestrian crossings and in less than 5 m in front of them; on the carriageway near dangerous turns; on the cycle path; at the intersection of carriageways and in less than 5 meters from the edge of the intersected carriageway; in less than 15 meters from the stops of fixed-route vehicles or parking of passenger taxis.
  • 4.4.15.4. The User must immediately notify the Rightholder about the parking of the Electric Kick Scooter in accordance with clause 4.4.15.3 of this Offer, as well as about the reasons that caused the need for such parking (preventing the correct parking) via a chat with the Customer Support Service in the Mobile App.
  • 4.4.16. The Electric Kick Scooter must be returned to the Rightholder in technically sound condition, with no damage, in accordance with the procedure provided for in the Contract, including clause 4.4.14 of this Offer;
  • 4.4.17. The User is obliged to comply with Traffic Regulations and be responsible for their violation while using the Electric Kick Scooter. In this regard, the User, using an Electric Kick Scooter, must in particular:
    • to ride along cycle lane/path or shared path;
    • if there is no cycle lane/path or shared path, or there is no possibility to ride along them or along the right edge of the carriageway, it is allowed to ride along the road shoulder;
    • if there is no cycle lane/path or shared path, or there is no possibility to ride along them or along the right edge of the carriageway or the road shoulder, it is allowed to ride along the sidewalk or pedestrian path;
    • if riding along the sidewalk, pedestrian path, road shoulder or within pedestrian area endangers or interferes with the movement of other people, it is recommended to dismount and give way to pedestrians;
    • when riding at night or in poor visibility, it is necessary to turn on the headlight and flashlight of the kick scooter, and it is also recommended to carry objects with retroreflective elements and ensure their visibility to other road users;
    • comply with other applicable Traffic Regulations, including provisions not expressly provided in this Offer, and be solely responsible for their violation.
  • 4.4.18. To prevent dangerous situations and traffic violations, the User is prohibited:

    to ride an Electric Kick Scooter intoxicated, impaired by drugs, etc, as well as to refuse to conduct a medical examination procedure at the request of an authorized official;

    ride the Electric Kick Scooter without holding the handlebar with at least one hand;

    cross the roadway on aboveground, underground and other crossings without dismounting from the Electric Kick Scooter.

  • 4.4.18.1. Both during the Lease period and out of the rental period, the User is prohibited from transporting an Electric Kick Scooter in a car, bus, trolleybus, electric train, taxi and in any other transport (in any other way), riding it or bringing it inside buildings, restricted access areas, etc.
  • 4.4.18.2. In case of leaving (moving in any other way) the Riding Area with the Electric Kick Scooter, the User is obliged to immediately return the Electric Kick Scooter to the Riding Area. The time spent by the Electric Kick Scooter outside the Riding Area is included in the Lease period and is subject to payment.
  • 4.4.19. Avoid causing harm to the life, health and property of third parties, including other road users. In case of causing harm with an Electric Kick Scooter, the User is held liable under the current statutory procedure of the Republic of Azerbaijan.

5. Amount, term and method of payment

  • 5.1. Payments under the Contract, including the payment of license fees, rental fee, fines, and other charges stipulated by the Contract, are made via the Direct Debit of funds from the User's bank card in accordance with the Rates.
  • 5.2. Accepting this Offer, the User expresses his/her unreserved consent to the sending of orders, requests, claims by the Rightholder to the User's bank, as well as to the Direct Debit of funds constituting the license fee, rental fees, fines, and other charges stipulated by the Contract.
  • 5.3. The amount of the license fee and rental fee, as well as the term of their payment, are regulated by this Section 5 of the Offer, as well as the Rates and, in case of Subscription activation by the User, the description of Subscriptions available in the Mobile App. If the provisions of the Offer contradict provisions of the Rates and descriptions of the Subscriptions, provisions of the Rates and descriptions of the Subscriptions shall prevail. If provisions of the Rates contradict descriptions of the Subscriptions, descriptions of the Subscriptions shall prevail.

  • 5.4. License fee

    • 5.4.1. For the License granted in accordance with the Contract, the User pays the Rightholder a license fee in the amount established by the Rates.
    • 5.4.2. The license fee includes the following components:
      • (a) a fixed payment in the amount set by the Rates charged to the User each time the Mobile App features are used to start each new Lease of the Electric Kick Scooter (unlocking the Electric Kick Scooter, starting the ride);
      • (b) the license fee calculated for every 1 minute of using the Mobile App during the Lease period of the Electric Kick Scooter in accordance with the rate specified in the Rates (per-minute rates).

  • 5.5. Rental fee

    • 5.5.1. The rental fee for the Lease of an Electric Kick Scooter depends on the actual time of leasing an Electric Kick Scooter by the User and is calculated based on the established rates for 1 minute of the Lease. The corresponding rental fee rate is dynamic and may depend on various factors, including the demand level for Electric Kick Scooters and the battery level of the Electric Kick Scooter as of the start of the ride. The specific rate to be applied to the Lease of an Electric Kick Scooter is indicated in the KONTAKTPLUS Mobile App when the User chooses an Electric Kick Scooter, but before the start of the Lease.

  • 5.6. Wallet

    • 5.6.1 You agree that it is necessary to recharge the wallet in the Application for the amounts specified in the Mobile App to use the KONTAKTPLUS Individual Mobility Platform. KONTAKTPLUS reserves the right to change the rental fee and rates.

    • 5.6.2 Auto-recharge

      In the KONTAKTPLUS Mobile App, you have the option to enable the balance auto-recharge feature. Select the "Auto-recharge" check box in the "Wallet" section.

      This feature is designed to automatically re-charge the balance from your bank card you provided, in case you ran out of money suddenly, but you do not want to stop the ride. The balance will be automatically recharged to the minimum rate plan set in the Mobile App. You can disable "Auto-recharge" any time in the Mobile App by unchecking the corresponding box.

  • 5.7. SETTLEMENT PROCEDURE

    • 5.7.1 Payment with a bank card may be rejected by the payment provider in cases stipulated by law and this Contract, including if it is not possible to make payments via the Internet with a bank card; insufficient funds on the bank card; incorrect entry of bank card data; expiration of the bank card, etc.
    • 5.7.2 In case of a wrong debit of funds from the User's bank card, his/she has the right to contact KONTAKTPLUS with the provision of documents confirming it. The funds are refunded to the User's bank card within thirty (30) business days, unless a longer period is established by the in-house banking procedures. The refund procedure is governed by the rules of international payment systems. Cash refunds are not allowed.
    • 5.7.3 The funds debited wrongly are not recognized as a commercial loan before they are returned to the User, and the interest for the use of such funds is not accrued.

  • 5.8. The procedure of writing off fines

    • 5.8.1. When the violation of the Contract by the User is detected, incurring penalty under the Contract, the Rightholder has the right to debit the amount of the corresponding fine from the User's bank card. In case of insufficient funds on the User's bank card, funds are debited to pay the fine in parts as funds are received on the User's card.
    • 5.8.2. If, after the fine is written off in accordance with clause 5.8.1 of this Offer, the Rightholder establishes the invalidity of such a write-off (in particular, due to the absence of a violation of the Contract by the User or the absence of the User's guilt in committing the corresponding violation), the Rightholder returns the funds written off to the User's bank card. Such a refund must be made by the Rightholder no later than 10 calendar days from the date the User sends the corresponding claim to the Rightholder via the Mobile App.

6. The Lease (Rent) period of the Electric Kick Scooter.

  • 6.1. The Rent period of the Electric Kick Scooter is calculated in minutes and hours.
  • 6.2. The Rent period of the Electric Kick Scooter is calculated from the moment the "Start" button is clicked in the Mobile App (or the button of the corresponding feature with a different name, if it is named differently in the Mobile App) to the termination of the rent of an Electric Kick Scooter by the User by clicking the "Finish" button (or the button of the corresponding feature with a different name, if it is named differently in the Mobile App) in the Mobile App, taking into account clause 6.3 of this Offer, and, as requested by the Rightholder in the Mobile App, sending a photo of a general view of a parked Electric Kick Scooter through the Mobile App as confirmation.
  • 6.3. Clicking the "Finish" button in the Mobile App (or the button of the corresponding feature with a different name, if it is named differently in the Mobile App) entails termination of the Lease only if the Electric Kick Scooter is in the Parking Area indicated on the map in the Mobile App. If the Electric Kick Scooter is located outside such an area, clicking the appropriate button will not cause the termination of the Lease and the Lease period will continue until it is completed by the User in due course.
  • 6.4. The User is not entitled to use the Electric Kick Scooter outside the Lease period determined in accordance with clause 6.2 of this Offer.

7. The procedure of receiving and transferring of an Electric Kick Scooter

7.1. The reception and transfer of an Electric Kick Scooter from the Rightholder to the User within the Lease is carried out as follows:

  • 7.1.1 The User selects a specific Electric Kick Scooter on the map using a Mobile App. The User scans the QR code on the Electric Kick Scooter using the phone camera. At the same time, the following information about the selected Electric Kick Scooter is reflected in the Mobile App: location, rate, charge level. While selecting the Electric Kick Scooter, the User must check the sufficiency of funds on the bank card linked to his/her account in the Mobile App.
    • 7.1.1.1 The User can use the Mobile App to reserve a specific Electric Kick Scooter at the rate and for the period indicated in the Mobile App. The Reservation can be cancelled by the User via the Mobile App. If the Reservation is not cancelled and the kick scooter is not leased by the User before the end of the Reservation period, the Reservation is terminated.

      The Rightholder has the right to refuse the Reservation to the User if the User has previously cancelled one or more Reservations in a row.

      The Reservation of several Electric Kick Scooters by one User is allowed.

    • 7.1.1.2 It is allowed to rent more than one Electric Kick Scooter by one User from one account — a Group Ride. In this case, the User can transfer the Electric Kick Scooters to ride only to third parties who have reached the age of 18. In the case of a Group Ride, the responsibility for all the leased property of the Rightholder and for compliance with the terms of use of the Electric Kick Scooter under the Contract is borne by the User, and not by the third party actually riding the Electric Kick Scooter. All money obligations related to the use of several Electric Kick Scooters (including payment of license fees, rental fees, as well as fines for violation of the Contract during a ride started in the User's account) are imposed on the User and cannot be imposed by the User on a third party receiving the Electric Kick Scooter from the User during the Lease.

      In the case of the start of a Group Ride, each Lease is started and finished by the User separately. The maximum number of leased Electric Kick Scooters for a Group Ride in one account is 3 (Three).

    7.1.2. Clicking the "Start a ride" button in the Mobile App (or the button of the corresponding feature with a different name, if it is named differently in the Mobile App), the User confirms the actual acceptance of the selected Electric Kick Scooter and the rate applied (in relation to both the license fee and rental fee).

  • 7.2. The reception and transfer of the Electric Kick Scooter from the User to the Rightholder at the end of the Lease is carried out as follows:

    • 7.2.1. The User parks the Electric Kick Scooter in the Parking Space/Area indicated on the map in the Mobile App, clicks the "Finish" button in the Mobile App (or the button of the corresponding feature with a different name, if it is named differently in the Mobile App), and sends a photo of the general view of the parked Electric Kick Scooter via the Mobile App as requested by the Rightholder, as well as locks the Electric Kick Scooter to the parking space (to the closed part of the rack for the cable to ensure that the Electric Kick Scooter cannot be used without unlocking) if there is a lock and if the parking is not Virtual.
    • 7.2.2. Subject to the correct parking of the Electric Kick Scooter by the User in compliance with the clause 4.4.14 (taking into account clauses 4.4.15.1-4.4.15.4) of this Offer after the Rightholder receives photos of the general view of the parked Electric Kick Scooter confirming the correct parking (as requested by the Rightholder), the Electric Kick Scooter is considered to be properly transferred by the User to the Rightholder.
    • 7.2.3. Upon completion of the Lease by the User, he/she receives a message from the Rightholder in the Mobile App indicating the amount to be paid (including the amount of the license fee and rental fee). At the same time, the receipt of the corresponding message by the User is not a confirmation by the Rightholder of the proper parking of the Electric Kick Scooter by the User. The parking-related violation of the Contract can be identified by the Rightholder after the Lease is completed.

8. Liability of the Parties under the Contract

  • 8.1. For non-fulfilment or improper fulfilment of obligations under this Contract, the Parties are liable under this Contract and the legislation of the Republic of Azerbaijan.
  • 8.2. If the User is late in making payments to pay the license fee and rental fee under the Contract for more than 48 hours, the Rightholder has the right to charge the User a fine in the amount of 2% of the amount owed for each day of delay.
  • 8.3. In case of delay in making other contractual payments by the User, with the exception of those specified in clause 8.2 of this Offer, for a period of more than 14 (fourteen) calendar days from the date the Rightholder sends the User a request for payment of the corresponding payment, the Rightholder has the right to charge the User a fine in the amount of 2% of the amount owed for each day of delay. Fines are accrued until the full repayment of the resulting debt by the User.
  • 8.4. If the User violates the provisions of the Contract, he/she pays a fine of 12 AZN for the following violations (if the corresponding violation did not cause damage to the Electric Kick Scooter and/or loss of the Electric Kick Scooter):
    • 8.4.1. several (more than one) people ride the Electric Kick Scooter at the same time (including a child as a second person) (clause 4.4.7.4 of this Offer);
    • 8.4.2. completion of the ride in a place not indicated as a Parking Area on the map of the Mobile App (clause 7.2.1 of this Offer);
    • 8.4.3. locking the kick scooter with the cable to an open part of the rack and/or not locking the kick scooter at the end of the Lease – if there is a lock on the Electric Kick Scooter and if the Parking Space/Area is not Virtual (clause 7.2.1 of this Offer);
    • 8.4.4. transfer of an Electric Kick Scooter for ride to a person under the age of 18 (clause 4.4.5.1 of this Offer);
    • 8.4.5. leaving the Riding Area or otherwise moving the Electric Kick Scooter outside it, subject to the subsequent independent return by the User of the Electric Kick Scooter to the Riding Area within 30 minutes (clause 2.2.2 of this Offer);
    • 8.4.6. transportation of Electric Kick Scooter in the ground transport (car, bus, taxi, etc.) (clause 4.4.18.1 of this Offer).
  • 8.5. If the User violates the provisions of the Contract, he/she pays a fine of 24 AZN for the following violations (if the corresponding violation did not cause damage to the Electric Kick Scooter and/or loss of the Electric Kick Scooter):
    • 8.5.1. leaving the Riding Area or otherwise moving the Electric Kick Scooter outside it and non-return of the Electric Kick Scooter by the User to the Riding Area for more than 30 minutes (clause 2.2.2 of this Offer);
    • 8.5.2. leaving the Electric Kick Scooter without movement outside the Parking Space/Area during the Lease period (in case of incomplete Lease) for more than 30 minutes (clause 4.4.7.11 of this Offer);
    • 8.5.3. transportation of the Electric Kick Scooter by train, as well as riding/moving the Electric Kick Scooter inside buildings and into the restricted access area (clause 4.4.18.1 of this Offer);
    • 8.5.4. full discharge of the Electric Kick Scooter battery (clause 4.4.7.8 of this Offer);
    • 8.5.5. incorrect parking of the Electric Kick Scooter with two or more violations by the User listed in clause 4.4.15.2 of this Offer.
  • 8.6. If the User violates the provisions of the Contract, he/she pays a fine of 117 AZN for the following violations (if the corresponding violation did not cause damage to the Electric Kick Scooter and/or loss of the Electric Kick Scooter):
    • 8.6.1. inappropriate use of Electric Kick Scooter and/or Mobile App;
    • 8.6.2. violation of Traffic Regulations when using an Electric Kick Scooter, as well as riding an Electric Kick Scooter in violation of any of the provisions of clauses 4.4.7, 4.4.17 and /or 4.4.18 of this Offer.
  • 8.7. If the User commits any of the violations of the Contract specified in clauses 8.4-8.5 of this Offer, if such violation caused damage to the Electric Kick Scooter without its loss (i.e. with the possibility and economic rationale of restoring the Electric Kick Scooter), he/she pays a fine of 117 AZN.
  • 8.8. If the User commits any of the violations of the Contract specified in clause 8.6 of this Offer, if such violation caused damage to the Electric Kick Scooter without its loss (i.e. with the possibility and economic rationale of restoring the Electric Kick Scooter), he/she pays a fine of 234 AZN.
  • 8.9. In the event of a violation of this Contract by the User, if such violation resulted in the loss of the Electric Kick Scooter (including the actual loss of the Electric Kick Scooter as a result of theft, drowning, etc., as well as causing damage to the Electric Kick Scooter making its restoration impossible or economically impractical), he/she pays a fine in the amount of the cost of the Electric Kick Scooter, which is – 1751 AZN.
  • 8.10. Payment of a penalty and (or) a fine shall not exempt the User from compensation for damage caused to the property of the Rightholder.
  • 8.11. The risk of accidental loss or damage to the Electric Kick Scooter during the Lease period is borne by the User.
  • 8.12. The User is responsible for the violation of Traffic Regulations, provided for by the current legislation. If the violation of the Traffic Regulations by the User causes expenses and/or losses to the Rightholder, including those related to the payment of a fine for an administrative offense, the User undertakes to reimburse the Rightholder for the corresponding expenses and/or losses in full.
  • 8.13. If the User causes harm to the life, health, or property of third parties, including other road users, during the use of the Electric Kick Scooter, the User undertakes to fully compensate for the damage caused by his/her actions to both third parties and the Rightholder.

9. Basis and procedure for the termination of the Contract. Changing the terms of the Offer and the Contract

  • 9.1. The Contract may be terminated before the expiration of the term stipulated by the Contract, as agreed by the Parties or on the initiative of one of the Parties expressed in a form understandable to both Parties.
  • 9.2. The Contract may be terminated prematurely unilaterally extrajudicially on the initiative of the Rightholder on the following grounds:
    • 9.2.1. in case of repeated (more than two times) violation of Traffic Regulations by the User while using an Electric Kick Scooter;
    • 9.2.2. in case of repeated (more than two times) violation by the User of the Electric Kick Scooter parking rules;
    • 9.2.3. upon the ascertainment that the Mobile App was used by the User in violation of the terms of the Contract;
    • 9.2.4. upon the ascertainment that the User has provided access to the Mobile App to a third party without the consent of the Rightholder;
    • 9.2.5. upon the ascertainment that the User caused damage to an Electric Kick Scooter;
    • 9.2.6. upon the ascertainment that the User applied technical means blocking the GPS signal, as well as other methods of disabling protective or control systems installed in an Electric Kick Scooter;
    • 9.2.7. in case of any violation of the Contract by the User, entailing a violation or creating a threat of violation of the exclusive right of the Rightholder to the Mobile App or the exclusive right of third parties;
    • 9.2.8. in case of any violation of the Contract by the User, entailing damage or creating a threat of damage to the property of the Rightholder (including the Electric Kick Scooter) and/or third parties;
    • 9.2.9. in case of any violation of the Contract by the User, entailing harm to the life or health of third parties or creating a threat of causing such harm;
    • 9.2.10. when the User commits actions discrediting the commercial goodwill of the Rightholder;
    • 9.2.11. when the User commits actions discrediting the honor, dignity and /or commercial goodwill of third parties, as well as other illegal actions, if such actions in any way (directly or indirectly) are connected with the use of a Mobile App and/or an Electric Kick Scooter by the User;
    • 9.2.12. if there are circumstances giving the Rightholder reason to believe that the Mobile App and/or Electric Kick Scooter are used by the User in violation of the terms of the Contract (including not as intended);
    • 9.2.13. in other cases stipulated by the Contract and/or the current legislation.
  • 9.3. In case of early termination of the Contract on the initiative of the Rightholder, the Contract is considered terminated from the moment the User is notified about it via the Mobile App.
  • 9.4. This Contract may be terminated prematurely unilaterally extrajudicially on the initiative of the User, if he/she sends a request to delete the account, provided that there is no dept under the Contract (including arrears in the payment of license fees, rental fee, and fines).
  • 9.5. The User has the right to send a request to delete the account by the Rightholder in the Mobile App or by e-mail Plus@Kontakt.AZ
  • 9.6. In case of termination of the Contract on the User's initiative, in the absence of the User's debt under the Contract, the Contract is considered terminated after 15 calendar days from the date the User sends a request to delete the account. If the User has a debt, the request to delete the account is not accepted. After full repayment of the debt, the User has the right to send a request to delete the account again, while the 15-day term of the Contract termination will be calculated from the moment of sending the repeated request. On the day of termination of the Contract, the Rightholder deletes the User's account.
  • 9.7. For all other reasons that are not listed in clauses 9.2 and 9.4 of this Offer and are not provided for by current legislation, unilateral termination of the Contract is possible in court.
  • 9.8. The expiration of the Contract shall not exempt the User from the obligation to fulfill his/her financial obligations (including payment of license fees, rental fees, and fines) under the Contract, and shall not exempt from liability for violation of the terms of the Contract.
  • 9.9. The Rightholder has the right to unilaterally change the Offer any time by posting a new version of the Offer in the Mobile App and on the Rightholder's Website at http://KONTAKTPLUS.info/app/terms-of-service.html Changing the terms of the Offer concerning the content of the Contract entails changing the terms of all Contracts concluded earlier by Acceptance of any version of the Offer.
  • 9.10. The User undertakes to independently and regularly monitor changes to the Offer (Contract). In case of disagreement with the amendments made to the Contract, the User has the right to unilaterally cease to be a party to the Contract by notifying the Rightholder in accordance with the procedure provided for in clause 9.6 of this Offer.

10. The User's Personal Data

  • 10.1. The User provides the Rightholder with his/her personal data within the Contract. The Rightholder has the right to verify the information provided by the User. The Rightholder's policy regarding the processing of personal data (Privacy Policy) is available in the Mobile App, as well as at: http://KONTAKTPLUS.info/app/privacy-policy.html
  • 10.2. Accepting this Offer, the User expresses his/her consent to the processing by the Rightholder of the User's personal data to the extent necessary for the execution of the Contract, as well as to recording of the conversations when the User contacts the Support Service. This consent covers the following actions with personal data: collection; recording; systematization; accumulation; storage; clarification (updating, modification); use; transfer; depersonalization; blocking; deletion; destruction; as well as other use by the Rightholder of the personal data provided. The consent is valid for the period necessary for the performance of the Contract.
  • 10.3. The User confirms that he/she is familiar with the prohibition of acquiring rights and obligations under the name of another person, since participation in civil transactions under a false name violates the rights of another citizen (whose personal data is used by the violator), and misleads the Rightholder regarding the User's personal data.
  • 10.4. The User guarantees that all the personal data provided by him/her is reliable.
  • 10.5. The User has the right to send a request to delete personal data by deleting the account. Personal data is deleted within 15 calendar days after the User receives a request to delete the account.

11. Force majeure as a basis for exemption from liability for improper performance of obligations under the Contract

  • 11.1. The Parties are exempted from liability for partial or complete non-fulfilment of obligations under the Contract, if such non-fulfilment of obligations was the result of force majeure circumstances, i.e. events of an extraordinary and unavoidable nature that the Parties could not foresee while concluding the Contract.
  • 11.2. If any of the force majeure circumstances affect the performance of obligations within the time period established by the Contract, this period is proportionately extended for the duration of the force majeure circumstance. If the specified period exceeds three months, each of the Parties has the right to refuse to perform the Contract unilaterally and extrajudicially, notifying the other Party in writing using the Mobile App or by e-mail to the User, specified during the registration in the Mobile App, and the Rightholder – Plus@Kontakt.AZ
  • 11.3. In the event of force majeure circumstances, the Party affected must notify the other Party of the occurrence of these circumstances within 3 (three) days.
  • 11.4. A Party that has not fulfilled its obligations and has not notified the other Party of the occurrence of force majeure circumstances within the period specified in clause 11.3 and has not documented their occurrence, loses the right to refer to them as grounds for exemption from liability for improper performance of the Contract.

12.Contract Duration

  • 12.1. The Contract comes into force from the moment the User accepts this Offer in the manner provided for by this Contract, and is valid until its termination on one of the grounds provided for by the current legislation or the Contract.

13. Other terms of the Contract

  • 13.1. The applicable law under this Contract is the law of the Republic of Azerbaijan.
  • 13.2. The Parties agreed that, in the event of a dispute, they are obliged to comply with the pre-trial (claim) procedure for dispute settlement prior to bringing the matter before the court. In such a situation, one Party to the Contract, within 10 (Ten) calendar days from the date of the dispute, must send a written Claim to the other Party at the address (e-mail address) specified at the conclusion of the Contract. The written Claim must be supported with documents (their scans) and (or) photographs justifying the claims of the Party. The Party receiving the Claim is obliged to give a reasoned written response within 15 (fifteen) calendar days. A written response to the Claim is sent to the email address specified during the conclusion of the Contract. The response to the Claim must be supported with documents (their scans) and (or) photographs justifying the submitted response.
  • 13.3.In case of non-receipt of a response to the Claim within the period specified in the clause 13.2. of the Contract, or disagreement with the response received, the interested Party has the right to apply to the court for the protection of its rights and legitimate interests.
  • 13.4. The Parties have agreed that the consideration of disputes arising during the conclusion, execution, and termination of this Contract is carried out in court, in accordance with the current legislation of the Republic of Azerbaijan.
  • 13.5. The Parties have agreed that the consideration of disputes arising during the conclusion, execution, and termination of this Contract is carried out according to the norms of the legislation of the Republic of Azerbaijan.
  • 13.6. The terms specified in the Section 1 of this Offer are used in the Rates and description of Subscriptions in the appropriate meaning, unless otherwise specified by the Rates or description of Subscriptions, respectively.
  • 13.7. If one or more provisions of the Offer are for any reason invalid, it does not affect the validity of any other provisions of the Offer (Contract) remaining in force.

14. Address and other details of the Rightholder:

“ABC-TELECOM” MMC

TIN: 1401005061

Legal address of the organization: 138 Shafayat Mehdiyev Str., Baku, Azerbaijan

Email address: Plus@Kontakt.AZ