LEASING CONTRACT
Rental contract, disclaimer and release Effective date: Agosto 15, 2023.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS ESTABLISHES THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOU TO USE THE SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE DO NOT USE BOZZ TECHNOLOGY AND SERVICES
BY USING OUR SERVICE THE USER ACCEPTS, CONFIRMS AND RATIFIES. THAT HE IS SOLELY RESPONSIBLE FOR THE USE OF THE MOPED AND HE IS RESPONSIBLE FOR PERSONAL, OWN OR THIRD PARTY DAMAGES THAT MAY CAUSE, AND RELEASE THE COMPANY FROM ANY LIABILITY. CONFIRMS UNDER DECLARATION AND SIGNATURE OF THIS CONTRACT TO BE OF LEGAL AGE, WITH A DRIVER’S LICENSE AND TO USE PERSONAL PROTECTIVE EQUIPMENT TO SAFEGUARD THEIR PHYSICAL INTEGRITY AND THAT OF OTHERS. THIS SERVICE IS NOT FOR MINORS.
This is a standard contract, which is added to the individual contract that must be signed by each user when using our service. The company is not responsible and anticipates to the user that it can change without prior notice, as well as our prices, privacy, terms and conditions. And any other present and future instrument.
In consideration of Your use of any of the BOZZ Services (defined below) provided by Servicios de Movilidad y Logistica, S.A. (“BOZZ”), BOZZ requires that you (“Driver”, “You” or “Your”) (acting on behalf of the entire family, heirs, agents, affiliates, representatives, successors and assigns of the Driver) accept all the terms and conditions contained in this Lease, Exemption and Release of Liability Contract of BOZZ (“Contract”).
The services provided by BOZZ include (1) the BOZZ mobile application and related website, (2) BOZZ Electric Vehicles (“Vehicle” or “Vehicles”), (3) Discretionary Vehicle charging by the Driver according to Section 1.15 below, and (4) all other equipment, personnel, services, applications, web pages and related information, provided or made available by BOZZ (collectively referred to as the “BOZZ Services”).
The BOZZ mobile application and the related website are owned by BOZZ or an affiliate and their general use will be governed by the Terms of Service, which are found at https://www.somosbozz.com, that you expressly accepted at the time of enrolling in BOZZ. The use of the mobile application and the website in relation to the use of the Vehicles will be governed by this Agreement.
You must READ CAREFULLY all the terms and conditions before entering into this Agreement, but here we present a partial list of some of the terms that BOZZ would like you to initially take into account in the event that you are using a smartphone ( smartphone) or other device with small screen. The terms that begin in capital letters have the meanings attributed to them when they are defined in this Contract.
BY ACCEPTING THIS AGREEMENT OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTANDED AND AGREE TO BE OBLIGED FOR ALL OF YOUR TERMS. IMPORTANT NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS OR GROUP CLAIMS REPRESENTED BY A PERSON, AS ESTABLISHED IN SECTION 9 BELOW. BY ACCEPTING THE ARBITRATION, YOU GIVE UP YOUR RIGHT THAT A JUDGE OR JURY HEARS ANY DISPUTES IN COURTS. BY ACCEPTING TO GIVE UP CLASS ACTION RIGHTS OR GROUP CLAIMS REPRESENTED BY AN PERSON, YOU AGREE TO CLAIM AGAINST BOZZ ONLY INDIVIDUALLY AND NOT AS CLAIMANT OR MEMBER OF THE CLASS IN ANY CLASS OR REPRESENTATIVE PROCESS. Every unlock and use of the app for a moped BOZZ moped is the certification and acceptance of the above and following points expressed in this contract.
This Agreement sets forth the terms and conditions governing your use of BOZZ electric mopeds (the “Moped (s)”), the related proprietary mobile application (the “Application”) and all other equipment, software, services and information. that BOZZ provided or made available to you in accordance with this Agreement (collectively, the “Services”). You must read this Agreement carefully in its entirety before accepting it or using the Services, but below is a list of certain terms that BOZZ wishes to call your initial attention. • Must be at least 18 years of age or be authorized and represented by an adult responsible for the activation of the Moped, weigh 220 pounds or less and be in adequate physical condition to operate a Moped. • You cannot allow anyone else to use a Moped that you have activated, nor can you take an additional person or child on a Moped. • It is your responsibility to perform a safety inspection of a Moped before starting the operation. • You must lock and verify that the unit has been effectively locked. the Moped at the end of your trip. If you do not, you will continue to be charged the rate specified on www.somosbozz.com. The maximum charge for a single trip is $ 300 for 24 hours. And if the unlocked unit is vandalized, stolen or misused, the user will be charged from $400 to $1,000 depending on the case. For additional information on rental charges, see Section 2.4 below. • At the end of your trip, you must park the Moped in an accessible area. Do not leave a moped in a restricted area, such as private property, in a closed area or in any other non-public or inaccessible space. Doing so can generate charges from $ 50 to $ 500 depending on the severity of the situation. • You must obey all local laws when operating a Moped, including, but not limited to, traffic laws, helmet use laws, rules and regulations related to moving vehicles and / or parking, and those intended to protect pedestrians. THE RETURN AND SPACE WHERE you rent the BOZZ moped, you agree to LEAVE THE MOPEDS IN PUBLIC SPACES WITHOUT INTERRUPTING THE PEDESTRIAN PASSAGE, SPECIAL RAMPS ENTRIES TO BUILDINGS AND DEPENDING ON THE TERRITORY TO LEAVE IT IN THE DESIGNATED PLACES ARE OBLIGATORY PLACES. OF THE APPLICATION IN THE AREA OF RETURN LOCATIONS, IF YOU DO NOT COMPLY WITH THESE POINTS, YOU AGREE THAT YOU MAY BE FINED ACCORDING TO THE RATES IN THIS CONTRACT EXPRESSED. • You must immediately report a damaged, defective or stolen Moped to BOZZ through the application or by email info@somosbozz.com. 1. Rental and use. 1.1 Exclusive responsibility. You and BOZZ are the only parts of this Agreement. You are the sole tenant of the Moped and are solely responsible for compliance with the terms of this Agreement. When you activate a Moped, you are the only one who can use it. You cannot allow anyone else to use a Moped that you have activated. 1.2 Safe operation. You declare and certify that you are at least 18 years of age or that you are authorized and represented by an adult responsible for the activation of the Moped, which weighs no more than 220 pounds and is in adequate physical condition to operate a Moped without risk to you or others You acknowledge and agree that you are responsible for determining whether the weather, visibility, traffic or prevailing environmental conditions make it dangerous to operate a Moped. If at any time you believe that the conditions are unsafe or that you are no longer in adequate physical condition to operate a Moped, you will immediately suspend such operation. 1.3 Personal security. You acknowledge that BOZZ recommends that you wear a helmet approved by Snell, CPSC, ANSI or ASTM that has been sized, adjusted and properly fastened according to the manufacturer’s instructions at all times while operating a Moped. You acknowledge that you may need to take additional security measures and precautions that are not specifically addressed in this Agreement. You acknowledge and agree that your failure to wear a helmet or to take additional safety precautions is done at your own will and risk. You acknowledge and agree that BOZZ is not responsible for any injury suffered by You while using the Services AND operate a Moped, whether or not you wear a helmet at the time of the injury. 1.4 Moped safety inspection. You agree to perform a basic safety inspection before using a Moped, check for signs of damage, unusual or excessive wear or other mechanical problems or maintenance problems. You agree not to operate a Moped if there are notable problems and immediately notify BOZZ at info@somosbozz.com about such problems. 1.5 Area of use. You acknowledge that: (a) BOZZ does not provide or maintain places to ride Mopeds; (b) BOZZ does not guarantee that there will always be a safe place to drive a Moped; and (c) roads, sidewalks, lanes and routes may become dangerous due to weather, traffic or other hazards. You agree to use and operate Mopeds only in metropolitan areas where it is permitted to do so. You agree that you will not operate or use a Moped on the avenues, streets or roads where motor vehicles circulate, or on unpaved roads, through water (beyond normal urban driving) or in any place that is prohibited, be illegal and / or disturb others. 1.6 Problems inherent in electric mopeds. You acknowledge that the Moped is an electric vehicle and that the level of charging power at the time the operation begins, and the distance and / or time the Moped can operate before the charging power decreases or is lost, It is not guaranteed and will vary with each rental. You agree that it is your responsibility to verify the level of charging power before starting the operation and understand that the Moped can run out of power and stop working at any time during its rental, even before reaching its desired destination. 1.7 Compliance with laws. You agree to follow all applicable laws related to the use, driving, parking and operation of a Moped, including, but not limited to, traffic laws, helmet laws, rules and regulations related to the movement of vehicles and / or parking lots, and those intended to protect pedestrians. . 1.8 Without alterations. You agree that you will not tamper with, attempt to gain unauthorized access, or in any other way use any BOZZ system or equipment for rental and use of a Moped in accordance with this Agreement. 1.9 Condition of the moped upon return. You agree to return the Moped to BOZZ under the same conditions in which you rented it. It will not be responsible for normal wear. 1.10 Limitation of service availability. BOZZ does not represent or guarantee the availability of the Services or a Moped at any time. You accept and acknowledge that Mopeds are not available 24 hours a day, 7 days a week, 365 days a year. You acknowledge that the number of Mopeds is limited and that Mopeds availability is never guaranteed. You agree that BOZZ may require you to return a Moped at any time. 1.11 Reports of certain events. You agree to immediately inform BOZZ at info@somosbozz.com of any accident or collision that involves, or damage, loss or theft of a Moped. In addition, you agree to submit a report to the local police department within 24 hours of any incident that results in personal injury or property damage. 1.12 Damaged mopeds. You accept full responsibility for the Moped and agree to pay any damage to the Moped at full retail value if it is damaged to the extent that repairs are not practical or feasible. 1.13 Moped lost or stolen. A moped can be considered lost or stolen if (a) it is not returned within 24 hours after the start of the rental; (b) your GPS unit is disabled; (c) is parked in a restricted area, on private property, in a closed area or in any other non-public space for more than 10 minutes after a trip ends; (d) moves more than 5 meters after a rental has been completed and BOZZ believes that said move was not caused by another member of the maintenance team or authorized party; or (e) other facts and circumstances suggest BOZZ in its reasonable determination in good faith that it has been lost or stolen. You agree that, if you are the last moped rider, you will be responsible for a lost or stolen moped unless the facts and circumstances suggest otherwise to BOZZ in its reasonable determination in good faith. If BOZZ considers that a Moped was lost or stolen, BOZZ will have the authority to take all actions it deems appropriate, including, without limitation, obtaining restitution and other appropriate compensation and damages and submitting a police report to local authorities. The data generated by the Service system are conclusive evidence of the period of use of a Moped by a Pilot. You must report the disappearance or theft of a Moped as soon as you know it. You acknowledge and agree that you are responsible for any consequences, claims, lawsuits, causes of action, losses, liabilities, damages, injuries, costs and expenses, fines, attorneys’ fees, lawsuits, claims or disbursements of any kind or nature. everything related to a stolen or lost moped. You agree that if because of not blocking the unit at the end of your trip it is stolen BOZZ may charge you the commercial value of the unit (s), and without any claim you will pay it 1.14 Prohibited acts. You agree that: • You will not carry any briefcase, backpack, bag or other item that may impede your ability to operate the Moped safely. • You will not use a smartphone or other device that can distract you from the safe operation of the Moped. • A Moped will not operate when under the influence of alcohol, any illegal drug or any toxic substance, narcotics, prescription drugs or other drug that may affect your ability to operate the Moped safely. • You will not carry an additional person or child on a Moped. • You will not use the Moped for rent, or for races, SUVs, stunts or tricks. • You will not use any locking mechanism not provided by BOZZ. It will not add another lock to a Moped or block a Moped to a tree, fence or any other item. • You will not park a Moped in any restricted area, such as on private property, in a closed area or in any other non-public or inaccessible space. • You will not disassemble, modify, repair or damage a Moped, any part of a Moped or any other BOZZ equipment in any way, nor will it mark, take off or otherwise alter any adhesive label of a Moped. • You will not ride or park a Moped on any road, entrance or surface that may cause damage to the Moped. 1.15 BOZZ owns the mopeds. You acknowledge and agree that BOZZ will retain the exclusive ownership and title of the Moped and any equipment attached thereto at all times. 2. Payment and fees. 2.1 Rates. You can use the Moped with a payment per trip or otherwise in accordance with the prices described in the Application. Rates and other charges may be subject to applicable taxes and other local government charges, which are not included in the rate unless it is detailed in the application, which BOZZ may charge in whole or in parts. and portions, including charging to the wallet automatically As well as requesting that a specific amount of money be recharged in your wallet from the application when you start using it to guarantee that your rent is covered, and this is something discretionary and that remains according to the criteria of the payment gateway system to do so. The money that you deposit in your wallet in the APP cannot be refunded or transfer to other users. BOZZ will charge the fees described in this Agreement using your agreed payment method. 2.2 Agreed payment method; Wallet. When you create an account using the application, BOZZ will create an electronic wallet (“Wallet”) so you have the credits you buy to ride Mopeds. You must provide valid and complete credit or debit card information before you register to use the Services and create a Portfolio, and agree to keep such information up to date to continue using the Services. You declare and warrant that (a) the credit or debit card information you provide is true, correct and complete, (b) You are duly authorized to use said card for the purchase of the Services, (c) the charges incurred by You will be paid by the card company and (d) You will pay the charges incurred by You at the current prices of BOZZ, regardless of the amount indicated in the application at the time the charges are incurred. If you dispute any charges, you must contact BOZZ within 5 business days from the end of the month in which the charge was made in dispute and provide BOZZ with all the necessary information to identify and investigate The charge in dispute. BOZZ requires that each user have in their wallet an initial security deposit of at least 50 credits (US $ 50.00), after which they can choose to deposit any amount they want in their wallet as a “surcharge” (that is, by adding additional credits) to be used for the cost of your trips. If you exceed the amount of credits in your wallet, you will have a negative balance and cannot start another trip until you add additional credits to your wallet so that there is a positive balance. If your wallet has a negative balance for three (3) consecutive days, BOZZ will process the payment according to the payment method registered in your account to bring your wallet to a zero balance. If you do not intend to recharge your wallet again (for example, because you were using a moped in a vacation town and you do not intend to return), you can request a refund of the remaining credits deposited in your wallet by sending an email to BOZZ at info@somosbozz.com. 2.3 Promotional codes and memberships. Promotional codes, if any, can only be redeemed through the app. Promotional codes are limited to one per customer and account and cannot be combined with other offers, transferred or resold. BOZZ reserves the right to modify or reject the application of a promotional code at any time, our memberships, which can be purchased in the membership area in the application, are a contract between you and BOZZ, you agree to have read the conditions of use and cost of the same. Which can be modified without prior notice and as provided by BOZZ, no refunds are made for purchased memberships, for which you are obliged to read the terms of use and the frequency with which charges will be made, as well as any deposit. guarantee of funds that is required, BY ACQUIRING A MEMBERSHIP YOU EXPRESSLY ACCEPT THE CONTENT IN FORM AND COST OF IT, CERTIFYING THROUGH THE SAME ACCEPTANCE ITS COST AND CERTIFYING YOU HAVE CAREFULLY READ ITS CONDITIONS AND KNOW THAT IT IS A PRODUCT NON REFUNDABLE. 2.4 Maximum rental time and charges. The maximum rental time of the moped is 24 hours. Although you can reactivate it immediately, you agree to deactivate the rental within 24 hours after the start of the rental. You agree that you are solely responsible for being aware of the time elapsed since the start of a moped rental. The maximum daily charge of $ 300 is based on a calendar day. In case of late return of a Moped, you will be charged the highest of the accumulated rental charges, or the maximum daily charge. Mopeds not returned (locked and deactivated) within 24 hours can be considered lost or stolen and BOZZ can file a police report and / or charge you up to $ 750. BOZZ can also charge you a $ 250 service fee for rentals that exceed 24 hours when the moped is not lost or stolen. INAPPROPRIATE USE OF THE MOPEDS, such as jumps, stuns or any other that may endanger the safety if the equipment safety, which can conduct to a banning of the user and a penalty of up to $1,000. 2.5 Collection rates. If you cannot return a Moped to a valid area (that is, deactivate the Moped in a restricted area) and request that BOZZ pick it up, BOZZ may, at its sole discretion, charge you a fee of up to $ 150. If any Moped Accessed under your account is abandoned without prior notice, you will be responsible for all Travel Rates until the Moped is recovered and deactivated, plus a service charge (currently $ 150) to recover the Moped. All rates are subject to change at the sole discretion of BOZZ. PENALTIES: The penalty for parking in a restricted area con go from $50 to $150 and the areas can change constantly so be sure to check them out and be vigilant about them. 3. Releases; Disclaimers; Limitation of Liability; Assumption of risk; Compensation. 3.1 Releases You (acting for you and your whole family, heirs, agents, affiliates, representatives, successors and assigns) (each, a “Liberating Party” and collectively, the “Liberating Parties”) release and download completely and forever BOZZ and its affiliates, and each of its directors, officers, owners, shareholders, managers, employees, agents, representatives, insurers, successors and assigns (each, a “Released Party” and collectively, the “Released Parties”) of each and every one of the injuries (including, among others, death), losses, damages, claims (including, among others, claims for negligence), lawsuits, lawsuits, expenses and any other liability of any kind (collectively, ” Claims “), Of you or of you, of your property or of any other person, arising directly or indirectly from or in connection with your use of any of the Services, including, but not limited to, the rental, use, operation or om to the operation of a Moped, even if it is due to negligence, wrongful act, omission or other lack of a Released Party. Such releases are intended to be general and complete releases of all Claims. Exonerated Parties may declare such exemptions as a complete and sufficient defense of any Claim, as intended third party beneficiaries of such exemptions. You understand and accept that, except where expressly prohibited by law, you choose and assume all the risks of Claims, known or unknown, suspected or unsuspected, arising from this Agreement, and specifically waive any rights you may have under any statute or principle of customary law in any jurisdiction. You understand and agree that if you later discover facts that are different or additional to those that you know or believe to be true, such exemptions and exemptions will be and will continue to be effective in all aspects despite such different or additional facts or the discovery of such facts. . 3.2 Disclaimers. THE SERVICES ARE PROVIDED “AS IS” AND “AVAILABLE” AND YOU TRUST THEM AT THEIR OWN RISK. NEITHER BOZZ OR ANY OF THE OTHER RELEASED PARTIES REPRESENT OR WARRANT THAT ANY MOPED OR RELATED EQUIPMENT WILL BE IN GOOD REPAIR, WITHOUT ERRORS OR OPERABLE. NEITHER BOZZ OR ANY OTHER RELEASED PARTY OFFERS ANY WARRANTIES, EXPRESS OR IMPLIED, OR THROUGH THE AGREEMENT COURSE, PERFORMANCE COURSE, USE OF TRADE OR OTHERWISE, REGARDING SERVICES, AND ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY EASE PURPOSE IS EXPRESSLY WAIVED. 3.3 Limitation of liability. YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT THAT IT IS LIMITED BY LAW, NEITHER BOZZ OR THE OTHER PARTIES RELEASED ARE RESPONSIBLE OR RESPONSIBLE FOR ANY CLAIMS, INCLUDING THOSE THAT COME UP OR RELATED TO (A) ANY RISK, DANGER OR DANGER UNDERTAKEN , (B) YOUR USE OR INABILITY TO USE ANY OF THE RELATED SERVICES, MOPEDS OR EQUIPMENT, (C) YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF ANY LAW, (D) YOUR NEGLIGENCE, BAD CONDUCT OR OTHER ACTION OR INACTION, (E ) YOUR FAILURE TO USE A HELMET WHILE USING A MOPED, OR (F) THE NEGLIGENCE, THE INCORRECT CONDUCT OF ANY THIRD PARTY, OR ANOTHER ACTION OR INACTION. FOR THIS DISCLAIMER OF ALL CLAIMS WITH RESPECT TO ANY OF THE ABOVE, INCLUDING CONTRACT BASED, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE. BOZZ ACCUMULATIVE RESPONSIBILITY AND OTHER PARTIES RELEASED FOR ALL CLAIMS, INCLUDING CONTRACT, ABSOLUTE AND TOTAL BASED (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, ARE LIMITED TO THE SUM OF $ 1000.00. SOME JURISDICTIONS DO NOT ALLOW LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, AND, IF ANY OF THE LAWS APPLY TO YOU, THEN SOME OR ALL EXEMPTIONS, EXCLUSIONS OR LIMITATIONS CANNOT BE APPLIED, AND YOU MAY NOT ADD. 3.4 Assumption of risk. You are solely and totally responsible for the safe operation of the Moped. You acknowledge that Mopeds are machines that can malfunction, even if they are properly maintained, and that such malfunction can cause injuries. You understand that operating a moped involves risks and dangers inherent in accidents, emergency treatment, loss or damage to property, serious personal and bodily injury, death and serious personal and economic losses. These may result not only from their own actions, inactions or negligence, but also from the actions, inactions or negligence of others, the condition of the Moped itself, or the weather or road conditions, among other causes. In addition, there may be other risks unknown to you or reasonably foreseeable. You understand and have considered the risks involved, and voluntarily and freely choose to assume those risks. By choosing to drive a Moped, you assume full and complete responsibility for all related risks, hazards and dangers, and accept that neither BOZZ nor any other Released Party is responsible for any injury, damage or cost caused by you with respect to any person or property, including the Moped itself. You understand that neither BOZZ nor the other exempted Parties provide you with any insurance (including, but not limited to, life, medical or civil liability insurance) for any illness, accident, injury, loss or damage that may arise in connection with Your use or of the Services and / or operation of a Moped. You agree that you will pay your own medical emergency expenses and all subsequent medical expenses associated with any illness, accident or injury that arises or is related to your use of the Moped. 3.5 Compensation. YOU EXPRESSLY AGREE, DEFEND, HOLD AND RELEASE BOZZ AND THE OTHER PARTS OF AND AGAINST ANY LOSS, EXPENSES, DAMAGES AND COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES, DERIVATIVES OR RELATED TO YOUR USE OF THE SERVICES OR OPERATION MOPED, INCLUDING, BUT NOT LIMITED TO, YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT. It will use its best efforts to cooperate in the defense of any claim and will recognize and accept that an exonerated Party may, at its own expense, employ a separate lawyer and assume the exclusive defense and control of any matter subject to compensation under this Agreement. . 4. Term and termination. 4.1 Term The term of this Agreement begins when you use the Service for the first time and ends 10 years after Your last use of the Services; as long as your personal financial responsibility under this Agreement expires one year after your last use of the Services. 4.2 Termination by BOZZ or by you. At any time and without prior notice or consent, BOZZ may unilaterally terminate your right to use the Services. You may terminate your use of the Services at any time; provided, however, (a) BOZZ will not grant any refund, (b) the term of this Agreement will continue as set forth in Section 4.1 above, and (c) Additional applicable fees may be charged in accordance with this agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after the termination of your right to use any of the Services, regardless of how the Agreement is terminated. 5. Confidentiality of information; Privacy Policy. BOZZ will retain all personally identifiable information held by BOZZ, including, but not limited to, names, addresses, telephone numbers, email addresses, credit and debit card numbers and pass numbers, in accordance with its policy of Privacy. accessible at https://www.somosbozz.com; However, provided that, in the event of an accident in which you cannot communicate personal information to the corresponding authorities, BOZZ may, at its sole discretion, provide your name, address, telephone number and other important information to said authorities. 6. Authorization to use image and similarity. You hereby permit, authorize, grant and irrevocably license GO GO and its affiliates, successors and assigns, and their respective licensees, advertising agencies, promotional agencies and compliance agencies, and employees, officers, directors and agents of each and every one of them (“Authorized Persons”), the rights to exhibit, publicly perform, exhibit, transmit, transmit, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise, use and allow others to use their image, likeness, appearance and other personal characteristics, and all materials created by or on behalf of BOZZ that incorporate any of the foregoing (collectively, “Materials”) in perpetuity throughout the universe in any medium or format that exists or created on any platform and for any purpose, including, among others, advertising, public relations, advertising and promotion of the Services without additional consent of, or royalties, payment or other compensation to you. You agree that BOZZ will be the exclusive owner of all rights, including copyrights, in the Materials, and you acknowledge and agree that you have no right to review or approve Materials before BOZZ uses them. In addition, you agree that BOZZ has no responsibility to You for any editing or alteration of the Materials or for any distortion or other effects resulting from the editing, alteration or use of BOZZ of the Materials, or the presentation of BOZZ of You. BOZZ will determine any credit or other recognition from you, if applicable, at its sole discretion. BOZZ has no obligation to create or use the Materials or to exercise the rights granted herein. To the fullest extent permitted by applicable law, you irrevocably waive all legal and equitable rights related to all liabilities, claims, claims, actions, lawsuits, damages, and expenses, including, among others, claims for infringement of rights of author or registered trademark, violation of moral rights, defamation, defamation, invasion of any right of privacy (including intrusion, false light, public disclosure of private facts and misappropriation of images), violation of advertising rights, injuries or physical distress or emotional, or any claim or cause of similar action in tort, contract or any other legal theory, now known or known in the future, in any jurisdiction around the world that arises directly or indirectly from the exercise of the rights of the Persons authorized under this Section 6 or the production, exhibition, exploitation, advertising, promotion or other use of the Materials, and the agreement not to make or file any claim described in this document against any of the Authorized Persons, and forever release each Authorized Person from liability under such claims. 7. Notice. BOZZ can be contacted by sending an email to info@somosbozz.com 8. Applicable law; Conflict Resolution and Waiver of Class Action, You and BOZZ agree that this Agreement and any dispute arising out of or related to this Agreement shall be governed by the laws of Panama, regardless of your choice or conflict of laws provisions or rules. Each and every one of the claims, causes of action or disputes (regardless of theory) arising out of or related to this Agreement shall be resolved exclusively by arbitration involving an arbitrator and administered by the American Arbitration Association or its successor to in accordance with its Commercial Arbitration Rules or other applicable rules as determined by the arbitrator. The arbitration proceedings will be conducted in Orlando, Florida, United States, in English and, at the request of either Party, will result in a written statement of the facts and the legal reasoning that supports the arbitrator’s decision. The arbitrator may grant any individual relief or individual remedies allowed by applicable law. The ruling on an award issued by the arbitrator can be filed in any court that has jurisdiction over it. The arbitration shall be confidential, and neither You nor BOZZ may disclose the existence, content or results of any arbitration, except as required by law or for the execution of the arbitration award. The costs of the arbitration shall be borne equally by the Parties, and each Party shall pay the fees and expenses of its own attorneys unless there is a legal provision that requires otherwise; in such case, the fees and costs granted will be determined by the applicable law. 9. Waiver of collective and collective actions. To the fullest extent permitted by applicable law, YOU AND BOZZ AGREE THAT (A) ANY CLAIM THAT WORK AGAINST BOZZ WHICH COMES FROM OR IS RELATED TO THIS AGREEMENT WILL NOT BE ASSIGNED AS A CLASS OR COLLECTIVE ACTION, EITHER ARBITRATION, COURT OR ANY OTHER FORUM, AND (B) THE REFEREE MAY NOT CONSOLIDATE MORE THAN THE CLAIMS OF A PERSON, OR SUBMIT ANY OTHER FORM OF AN REPRESENTATIVE OR CLASS PROCEDURE AND CANNOT GRANT A CLASS RELIEF. Disputes between the Parties that arise or are related to this Agreement will be resolved only on an individual basis and will not be united or consolidated with any other procedure that involves claims or controversies of any other party. Neither Party shall have the right to resolve such disputes on a class action basis or on any basis that involves disputes presented in an alleged capacity for representation on behalf of other similarly situated persons or entities or the general public. 10. Waiver and divisibility. No waiver of any breach of any provision of this Agreement is a waiver of any other violation or of any other provision of this Agreement. The provisions of this Agreement are independent and separable from each other, and no provision will be affected or invalidated or unenforceable by virtue of the fact that, for any reason, any other provision of this document may be invalid or unenforceable in whole or in part . 11. Cumulative remedies. All rights and resources granted under this Agreement or mentioned herein are cumulative and non-exclusive, and recourse to one does not exclude the availability or enforceability of another or any other right or remedy provided by law. 12. Final agreement; Unilateral modification This Agreement contains the complete, final and exclusive integrated agreement between the Parties regarding its subject and replaces all previous agreements, whether written or oral, related to that subject. At any time and from time to time, and without your consent, BOZZ may amend, modify or change this Agreement unilaterally, at its sole discretion and without prior notice or cause. By continuing to use any of the Services after any amendment, modification or change, You agree to be subject to all amendments, modifications and changes. You should carefully review this Agreement on a regular basis to maintain knowledge of all amendments, modifications and changes. Each time a change is made to this Agreement, BOZZ will post a notification on its website at https://www.somosbozz.com (the “Website” in the terms and conditions section). The price set on the website replaces all prices set forth in this Agreement or anywhere else. 13. Interpretation of the contract. The titles of this Agreement do not affect the interpretation of this Agreement. “O” is not exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context requires otherwise, the words in the singular number or in the plural number will each include the singular number or the plural number. All pronouns include masculine, feminine and neutral forms. 14. Voluntary execution of this Agreement. This Agreement is concluded voluntarily and without any undue coercion or influence by BOZZ.
The Driver is aware that the use of the Driver of any of the BOZZ Services, Vehicles and related equipment involves risks, dangers and contingencies that are obvious and not so obvious that they could result in injury or death of the Driver or others and damage to property , and that such risks, dangers and contingencies cannot always be predicted or avoided. Risks, damages or contingencies, include, but are not limited to:
- vehicles and other objects;
- pedestrians;
- transit;
- Vehicle or component failure;
- road conditions;
- weather conditions;
- breach of applicable legislation regarding the use and / or operation of the Vehicle in accordance with Section 1.7;
- commission of any of the prohibited actions listed in Section 1.8;
- lack of compliance with safety checks in accordance with Section 3.1;
- lack of helmet use when required by law; and negligent actions or omissions by BOZZ, any other Exempt person, the Driver or a third party.
∙ The Driver is solely and completely responsible for the safe operation of the Vehicle at all times. The Driver agrees that the Vehicles are machines that may have a malfunction, even if the Vehicle is properly maintained and that such malfunction may cause injury.
∙ The Driver assumes full and complete responsibility for all risks, damages and related contingencies.
To the maximum extent permitted by law, this release and disclaimer contract includes each and every one of the Claims related to or arising from the partial or sole negligence of BOZZ, the Exempt Parties, any Municipality, Territorial Demarcation, State or any other part. The Driver hereby expressly waives any claim against the Exempt Parties, any Municipality, Territorial Demarcation, State or any other party that the Driver does not know or suspects that the moment of the use of the BOZZ Services exists in their favor, and expressly waives the rights of the Driver derived from any law that presumably preserves the unknown claims of the Driver.
You acknowledge that (a) you have read this Agreement; (b) understand the terms and consequences of this Agreement, including the releases it contains; and (c) are fully aware of the legal and binding effect of this Agreement. ACCEPTANCE OF THE PILOT AGREEMENT I certify that I am the USER, that I am at least 18 years old; that I have read and expressly accept the terms and conditions set forth in this Agreement.
All membership and promotions are subject to availability and time period, the user will remain with the wallet balance obtained the benefits in the platform may change or been cancelled without notice.
Our services will be invoiced to the address you provided for us if you did not submit one. Please send us an email to info@somosbozz.com, with your home or work address, your name and RUC.