Limited LiabilityCompany "Transport-share", represented by General Director KasymovE., acting based on its Charter, publishes this Public Offer – the Agreementfor providing Electric Scooter Rental.
Public Offer “On Provision of Electric Scooter Rental”
City of Tashkent
“01” May 2024
This document is anofficial offer (Public Offer) to natural persons to conclude the “ElectricScooter Rental Agreement” (which includes the mobile application “IZZY”)(hereinafter – the Agreement).
The performance bythe User of the actions provided for by this Public Offer signifies theirunconditional acceptance of the conditions set forth below (acceptance of thePublic Offer). From the moment of acceptance of the Public Offer, the Agreementis deemed concluded.
1. TERMS AND DEFINITIONS
1.1. In this Public Offer, unless the context requiresotherwise, the following terms shall have the meanings indicated below:
1.2.
References in thisOffer to the singular include references to the plural, and vice versa.
For informationregarding the rental of Electric Scooters, use of the “IZZY” Application, andthe terms of this Offer, please contact the Lessor via the call center (phone:+998 55 500-59-55) or through the information support on Telegram (link: https://t.me/izzy_uz), or consult the“Help” section in the “IZZY” Application.
2. SUBJECT OF THE AGREEMENT
2.1.
This Offer is alegal document and an offer from the Lessor addressed to an indefinite circleof capable natural persons with the aim of concluding an Agreement on the termsset forth herein. Under the Agreement, the Lessor transfers temporarypossession and use of an Electric Scooter to the Renter, and the Renter acceptsthe Electric Scooter for use for personal (consumer) purposes that are notrelated to any entrepreneurial activity. The transfer of the Electric Scooterto the Renter for rental is executed through the use of the Mobile Applicationfunctionality in the manner provided by this Offer. Payment for the rental ismade by deducting funds from the Renter’s Balance, which must be replenishedprior to using the Electric Scooter. If, during the rental, the funds in theApplication Balance run out, the deduction will be made directly from theRenter’s bank card linked to the Application.
2.2.
The Offer ispublished in the Application as well as on the Lessor’s website at www.izzy.city. The conclusion of theAgreement and the provision of Electric Scooter rental services are carried outvia electronic commerce using the functionality of the Application.
2.3.
This Offer has beenprepared in accordance with the Civil Code (including, but not limited to,Articles 367–370, Chapter 34 “Property Lease (Rental)”, Chapter 38 “RemuneratedProvision of Services”), the Law “On Electronic Commerce”, and other normativelegal acts of the Republic of Uzbekistan. It regulates the procedure forconcluding the Agreement between the Parties, the manner of its performance,the rights and obligations of the Parties, and other terms of the Agreement.
2.4.
The term of thisOffer is unlimited. The Offer may be suspended or terminated by the Lessor atany time at its sole discretion by publishing the relevant notice in theApplication. In such a case, these changes shall be reflected on the Lessor’swebsite and delivered to active users via a notification in the Application.
2.5.
The Lessor reservesthe right to unilaterally amend this Offer. Changes will be communicated to theRenter and others via PUSH notifications in the Application.
2.6.
The User Manual forthe operation and use of the Electric Scooter is set forth in Appendix No. 1 tothis Offer and is an integral part thereof.
2.7.
The offer toconclude the Agreement, the possibility to Accept it, and the ability toreplenish the Balance are available 24 hours a day. However, obtaining anElectric Scooter for rental is subject to the availability of free ElectricScooters.
2.8.
To obtain anElectric Scooter for rental, the Renter must accept the terms of this Offer andreplenish their Balance with a minimum of 20,000 (twenty thousand) soums.
2.9.
The Lessor is notresponsible for, nor does it assume any obligations, if due to the inability toprocess the information provided by the Renter and/or for technical reasons,the Renter fails to use the Application or is unable to obtain an ElectricScooter.
3. ACCEPTANCE OF THE OFFER
3.1.
The Lessor cannotrender services to the Renter unless the Offer is accepted. The Offer may beaccepted only by the complete and unconditional acceptance of all its terms.
3.2.
By performing theactions prescribed in the Offer to complete the Acceptance, the Renter confirmsthat:
3.3.
To complete theAcceptance, the person to whom the Offer is addressed must register in theApplication. The Application is available for download on mobile platforms forAndroid (Play Market) and iOS (App Store). The Renter downloads the Applicationonto their mobile device (which supports the installation of the Application)and registers using their mobile phone number, thereby obtaining an account.During registration, the Renter enters the information requested by theApplication and reviews the terms of the Offer and the tariffs established bythe Lessor for providing Electric Scooter rental. Registration is carried outusing an active mobile phone number. An electronic message (SMS) containing a codeis sent to the mobile phone number provided by the Renter. By entering the codereceived in the electronic message, the Renter confirms full Acceptance of thisOffer.
4. REPLENISHMENT OF THE BALANCE, RENTAL TARIFFS, ANDPAYMENT CONDITIONS FOR THE RENTAL COST
4.1. Replenishment of the Balance
4.1.1.
Payment for ElectricScooter rental services is possible by deducting funds from the User’s Balanceas well as from the bank card linked to the Application. The initial ride isstarted when the Renter replenishes their Balance in the Application with atleast 20,000 (twenty thousand) soums.
4.1.2.
The transfer offunds for replenishing the Balance and the determination of the replenishmentamount is at the Renter’s discretion; however, to obtain an Electric Scooterfor rental for the first time, the Balance must contain at least 20,000 (twentythousand) soums. Prior to replenishing the Balance, the Renter must review therental tariffs specified in the Application.
4.1.3.
The Balance isreplenished using bank cards such as Humo, UzCard, Visa, MasterCard (subject totechnical possibility on the part of the banks, processing, and acquiringoperators) by transferring funds in the national currency of the Republic ofUzbekistan (soums) to the Lessor’s account. All expenses related to thetransfer (payment system fees, bank commissions, etc.) are borne by the Renter.
4.1.4.
After the payment ismade, the amount received from the Renter is displayed on the Renter’s Balancein the Application.
4.2. Rental Tariffs for the Electric Scooter
4.2.1.
Payments are made inthe manner and on the terms determined by applicable legislation and the rulesof the respective payment systems. Cashless payments under the Agreement –including rental fees, fines, and other payments provided for – are made bynon-acceptance deduction of funds from the User’s Balance and bank card inaccordance with the Tariffs.
4.2.2.
The cost of ElectricScooter rental services is determined by the tariffs displayed by the Lessor inthe Application and is fixed as a set payment for a specified period (perminute).
4.3. Izzy Pass Subscriptions
4.3.1.
The User isentitled, using the functionality of the Application at any time during theterm of the Agreement, to purchase an Izzy Pass Subscription in accordance withone of the options available as described in the Subscription descriptions(i.e., to activate a Subscription). Only one Subscription may be active at anyone time.
Furthermore, the Renter may purchase a new Subscription during the term of a previouslyactivated Subscription. In such a case, the fee for the new Subscription isdeducted at the time of its purchase, and activation of the new Subscriptionoccurs after the expiration of the previous Subscription period.
4.3.2.
Activation of aSubscription results in a change in the terms of the Agreement for the durationof that Subscription in accordance with the Subscription description, includingthe following changes (unless otherwise specified in the Subscriptiondescription):
4.3.3.
At the moment ofactivation of the Subscription option chosen by the Renter, the fee for theSubscription, as specified in the Subscription description, is deducted fromthe Renter’s bank card. In cases provided by the second paragraph of clause4.3.1, the fee is deducted from the Renter’s bank card at the time of purchaseof the Subscription in the Application, but before its activation.
4.3.4.
The chosen Izzy PassSubscription is valid for the period specified for that particular type ofSubscription in the Subscription description and is activated from the momentthe full Subscription fee is received in the Lessor’s settlement account –provided that no other Subscription purchased earlier by the Renter is activeat the time of payment.
4.3.5.
If there areinsufficient funds on the Renter’s bank card to pay for the Subscription, theactivation and/or purchase of the Subscription will not proceed.
4.3.6.
Upon the expirationof the Subscription period, the corresponding Subscription is automaticallyreactivated for the same period (Subscription renewal), if:
4.3.7.
Renewal of theSubscription in accordance with clause 4.3.6 is subject to the fee for theSubscription being deducted from the Renter’s bank card. The Subscription isconsidered renewed for the next period from the moment the corresponding fee isreceived in the Lessor’s settlement account. If there are insufficient funds onthe Renter’s bank card for the Subscription fee, automatic renewal will notoccur.
4.3.8.
The Lessor may, atany time and unilaterally, change the terms of the Subscription by posting newconditions in the description of the corresponding Subscription in theApplication. The new Subscription terms apply to Subscriptions paid for(including those renewed) from the day following the posting of such conditionsor later and do not affect the terms of Subscriptions already paid for. TheRenter must independently monitor any changes to the Subscription conditions inthe Application.
4.3.9.
At any time duringthe Subscription period, the Renter may unilaterally cancel automatic renewalby disabling the corresponding function in the Application.
4.3.10.
The Lessor mayunilaterally cancel automatic renewal of the Subscription for the next periodin the following cases:
4.3.11.
The Lessor is notliable for cases where, due to technical reasons, the fee for the Subscriptionis not deducted from the bank card and the Subscription is not activated(including renewal for the next period).
4.3.12.
From the moment theSubscription expires, the relationship between the Parties shall be governed bythe terms of the Agreement without the application of the Subscriptionconditions contained in the Subscription descriptions.
4.4. Payment for Services
4.4.1.
Payment for rentalservices is made directly from the Renter’s Balance. If the Balance funds runout, funds will be automatically deducted from the Renter’s bank card.
4.4.2.
The minimum Balancerequired to obtain an Electric Scooter for rental is 20,000 (twenty thousand)soums.
4.4.3.
The accrual anddeduction of the rental cost from the Renter’s Balance is carried out duringthe entire Rental Period of the Electric Scooter by the Renter in accordancewith the terms of this Offer.
5. PROCEDURE FOR OBTAINING AN ELECTRIC SCOOTER FORRENTAL
5.1.
The map within the“IZZY” Application displays Parking Stations where Electric Scooters arestationed, showing their geolocations as well as available Electric Scooters.
5.2.
To obtain theselected Electric Scooter for rental, the Renter activates the camera in theApplication and scans the QR code located on the front of the Electric Scooter(on the handlebar). If scanning the QR code is not possible, the Renter maymanually enter in the Application the code displayed on the front of theElectric Scooter (on the handlebar). After scanning (or manual entry), theApplication will display information about the selected Electric Scooter,including its location (geolocation) and battery level. It is not recommendedto rent an Electric Scooter if its battery level is below 40%. The Renter mustreview this information and inspect the Electric Scooter for any visibledamages or defects. If the Renter agrees with the displayed information and hasno claims regarding the quality of the Electric Scooter, the Renter accepts theElectric Scooter for rental by clicking the “Start Ride” button. By clicking“Start Ride,” the Electric Scooter is unlocked (released from its lock) andactivated (made available for use).
Clicking the “Start Ride” button confirms the Renter’s acceptance of theElectric Scooter for rental from the Lessor. The moment of acceptance isrecorded as the time the “Start Ride” button is pressed in the “IZZY”Application.
5.3.
During the RentalPeriod, all risks related to loss and/or damage to the Electric Scooter(including its components), as well as all liability for its use and storage,transfer to the Renter.
6. RENTAL PERIOD AND USAGE PROCEDURE
6.1.
The period duringwhich the Electric Scooter is used is calculated from the moment of itsactivation until the moment of completion in the Application, as defined inaccordance with this Offer. The Rental Period is measured in minutes. Therental cost is deducted from the Balance and/or bank card of the Renterthroughout the entire Rental Period. The Renter must cease using the ElectricScooter when the available funds on the Balance and/or bank card are exhaustedand if there is no intention to replenish the Balance. Any remaining funds onthe Renter’s Balance may be used later at any time with any available ElectricScooter provided by the Lessor. If the Renter requires a refund of theremaining Balance, they may contact the Lessor with a written request totransfer the funds to their personal bank card. In doing so, the Renter mustprovide their details and documentation verifying account ownership.
6.2.
In the event of technicalerrors in the Electric Scooter’s software, including erroneous deductions fromthe Balance or the Renter’s bank card, the Renter may contact the Lessor’s callcenter (phone: +998 55 500-59-55) to request a refund of the erroneouslydeducted funds. In doing so, the Renter must provide the documents specified inclause 7.1.1 of this Offer.
6.3.
The Applicationcontains a map showing the Authorized Territory within which the ElectricScooter may be used by the Renter. The Renter agrees not to leave thisterritory during the entire Rental Period. If the Renter exits the specifiedterritory, push notifications will be sent, and calls will be made to theRenter’s phone number, indicating that they have left the permitted territoryand must return. Should the Electric Scooter be found outside the territory, itmay be blocked or subjected to usage restrictions.
6.4.
While using theElectric Scooter, the User agrees to handle the Electric Scooter with care,ensure its safe operation, comply with all terms of this Offer, the User Manualfor operation and use of the Electric Scooter, and strictly adhere to the RoadTraffic Rules established by applicable legislation.
7. PROCEDURE FOR RETURNING THE ELECTRIC SCOOTER TO THELESSOR
7.1.
The return of theElectric Scooter to the Lessor (i.e., ending the ride session) must be carriedout within the Authorized Territory – that is, within the area served by thesystem, as indicated on the Application map. If the Renter fails to return theElectric Scooter to a permitted usage zone (Authorized Territory), penaltysanctions will be imposed as follows:
7.1.1.
The return of fundsis carried out in accordance with the Refund Policy set forth in Appendix No. 2to this Offer.
7.2.
The Renter mustensure that the use of the Electric Scooter is fully completed. By clicking the“End Ride” button, access to the Electric Scooter is suspended (an appropriateindicator will light up). The moment of return is recorded as the time the “EndRide” button is pressed in the Application, provided that all the requiredactions have been properly completed by the Renter.
7.3.
In exceptional caseswhere, due to unforeseen circumstances, the Renter is unable to return theElectric Scooter within the Authorized Territory, the Renter must contact theLessor by calling the Lessor’s call center (phone: +998 55 500-59-55) to agreeon an alternative return location. The Electric Scooter must be placed in sucha way that it does not obstruct pedestrian or vehicular traffic. It isforbidden to place the Electric Scooter on tram tracks, railway crossings, intunnels, on overpasses, bridges, viaducts, on pedestrian crossings, or within10 meters of them; on the roadway near dangerous curves; on bicycle lanes; atintersections of roadways and within 5 meters of the edge; or within 15 metersof public transport stops or taxi stands.
7.4.
The Electric Scootermust be returned in a technically sound condition, without any damages.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Lessor undertakes to:
8.2. The Lessor is entitled to:
8.3. The Renter undertakes to:
8.4. The Renter is entitled to:
9. LIABILITY OF THE PARTIES
9.1.
The Partiesguarantee the proper performance of their obligations under this Agreement.
9.2.
For non-performanceor improper performance of the obligations under the concluded Agreement andthis Offer, the Parties shall be liable in accordance with the terms of thisOffer and the legislation of the Republic of Uzbekistan.
9.3.
If the ElectricScooter is not returned within the required time after the funds on the Balancehave been exhausted, the Lessor is entitled to demand from the Renter – and theRenter undertakes to pay – the rental cost calculated at the establishedtariffs for the entire period during which the Electric Scooter was in theRenter’s possession. In such a case, the unpaid rental cost is deemed a debt ofthe Renter and must be paid within 7 (seven) calendar days from the date theLessor issues the corresponding demand. Should these deadlines be violated, thedebt will be recovered through legal proceedings. In addition, for any delay inrepayment, the Lessor may charge penalty interest at a rate of 0.1% per day onthe overdue amount, with penalties accruing until the debt is fully repaid, butnot exceeding 50% of the debt amount.
9.4.
In the event ofpartial damage to the Electric Scooter (subject to repair), the Lessor mayrecover from the Renter the cost of repairs as well as impose a fine amountingto 50% of the repair cost.
9.5.
In the event ofloss, major, or irreparable damage (not subject to repair or restoration) ofthe Electric Scooter, the Lessor may demand from the Renter, and the Renterundertakes to pay, the cost of the Electric Scooter as well as a fine amountingto 50% of its cost.
9.6.
The payment of anypenalties and/or fines does not exempt the Renter from compensating the Lessorfor the damage caused to its property.
9.7.
The Party that failsto perform or improperly performs its obligations under this Agreement shall beliable to compensate the other Party for the losses incurred due to suchnon-performance, in accordance with the terms of this Offer and the applicablelegislation of the Republic of Uzbekistan.
9.8.
The Renter is liablefor the payment/compensation of any expenses and losses arising from:
9.9.
If the Renter hasany outstanding debt, the Lessor may block the Electric Scooter and suspend theRenter’s account until the debt is fully paid.
9.10.
All penaltiesprovided for in this Offer must be paid by the Renter within 7 (seven) calendardays from the date the corresponding demand is issued.
10. CLAIMS AND DISPUTE RESOLUTION PROCEDURE
10.1.
Any claims regardingthe Electric Scooter rental services must be submitted to the Lessor via email:info@izzy.city.
10.2.
The date of receiptof a claim (by email or as evidenced by a postal receipt for a written claim)shall be considered its registration date. The claim must clearly andthoroughly explain the nature of the complaint and include the Renter’ssurname, first name, and patronymic (as per the identity document), contactphone number, email address (or postal address) to receive a response. Claimsthat do not meet these requirements will not be accepted.
10.3.
All claims will bereviewed within no more than 15 working days from the date of receipt.
10.4.
All disputes arisingfrom non-performance or improper performance of obligations under the Agreementshall be resolved through negotiations between the Parties, following apre-litigation procedure. If it is impossible to settle the dispute by means ofnegotiation, the matter will be submitted to the inter-district civil court atthe Lessor’s location.
11. PERSONAL DATA
11.1.
By entering into anagreement with the Lessor, the Renter acknowledges that they have fully readand understood all provisions of the Personal Data section of this Offer, agreeto its terms, and hereby grant permission to the Lessor, in accordance with theLaw of the Republic of Uzbekistan “On Personal Data”:
11.2.
The Renter has theright to request full information from the Lessor regarding their personaldata, its processing, and use, as well as to demand the deletion orcorrection/supplementation of any incorrect or incomplete personal data bysending a written request to the Lessor at its postal address or email.
11.3.
This consent by theRenter for the processing of their personal data is granted for the periodnecessary for the Lessor to achieve the purpose of such processing and may berevoked by the Renter by sending a written request to the Lessor at its postaladdress or email.
12. FORCE MAJEURE
12.1.
Either Party shallbe exempt from liability for the full or partial non-performance of itsobligations under this Agreement if such non-performance is caused bycircumstances beyond its control.
12.2.
“Force Majeure”means extraordinary events or circumstances that a Party could not haveforeseen or prevented with available means. Such events include, in particular:strikes, floods, fires, earthquakes, and other natural disasters; wars;military actions; actions by state authorities of the Republic of Uzbekistan orother states; as well as any other circumstances beyond the reasonable controlof either Party.
12.3.
The Lessor reservesthe right not to perform its obligations under the Agreement in the event ofForce Majeure.
13. MISCELLANEOUS
13.1.
In all matters notprovided for in this Offer, the Parties shall be governed by the currentlegislation of the Republic of Uzbekistan.
13.2.
The Agreement isconcluded for a term lasting until both Parties have fully performed theirobligations.
13.3.
If any provision ofthis Offer is found to be invalid, the remaining provisions shall continue infull force and effect, and the Offer as a whole shall remain valid.
13.4.
The Renter may notassign their rights and obligations under the Agreement without the writtenconsent of the Lessor.
13.5.
This Offer is drawnup in the Russian language, together with Appendix No. 1 “User Manual forOperation and Use of the Electric Scooter.”
General Director
LLC “Transport–share”
Kasymov E.
Appendix No. 1
to the Public Offer“On Provision of Electric Scooter Rental”
No. 1 dated “01” May 2024
USER MANUAL
for the Operationand Use of the Electric Scooter
1. Safety Guidelines:
2. When Using the Electric Scooter, the Renter Must:
3. To Avoid Liability for Traffic Rule Violations, theRenter is Prohibited From:
4. The Renter is Also Prohibited From:
5.
This User Manual isnot exhaustive. The Renter is expected to operate the Electric Scooter with duecaution and care, meaning that the Renter shall refrain from any actions oromissions that might potentially or actually endanger themselves or others(including other road users).
General Director
LLC “Transport–share”
Kasymov E.