TERMS AND CONDITIONS

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by you of applications, websites, products, content and services (“Services”) made available by Telepod Pte Ltd including its related parties (“Telepod”). 

 

1.1. CONSIDERATION

In consideration of Telepod renting an e-scooter to you, you agree to the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 

1.2 MODIFICATION

Telepod may amend the Terms related to the Services from time to time. Amendments will be effective upon Telepod’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the terms, as amended.

 

2. SERVICES

The Services constitute a technology platform that enables users of Telepod mobile applications or websites provided as part of the Services (“Application”) to rent e-scooters. Unless otherwise agreed by Telepod in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

 

2.1 LICENSE

Subject to your compliance with these Terms, Telepod grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely about your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Telepod.

 

2.2 RESTRICTIONS

You may not: (i) remove any trademark, copyright or other proprietary notices from any portion of the Services; (ii) reproduce, amend, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Telepod; (iii) reverse engineer, decompile or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems.

 

2.3 PROVISION OF THE SERVICES

You acknowledge that portions of the Services may be made available under Telepod's various brands or request options.

 

2.4 THIRD PARTY SERVICES

The Services may be made available or accessed in connection with third party services and content (including advertising) that Telepod does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Telepod does not endorse such third party services and content and in no event shall Telepod be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

2.5 OWNERSHIP

The Services and all rights therein are and shall remain Telepod’s property or the property of Telepod’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Telepod’s company names, logos, product and service names, trademarks or services marks or those of Telepod’s licensors.

 

3. YOUR USE OF THE SERVICES

 

3.1 USER ACCOUNTS 

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be in good health condition for riding to obtain an Account. Account registration requires you to submit to Telepod certain personal information, such as your name, email and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or Telepod’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Telepod in writing, you may only possess one Account.

 

3.2 USER REQUIREMENTS AND CONDUCT

Telepod reserved the rights to forfeit the user's deposit if user fails to follow the User Requirements and Conduct.

You SHALL NOT: (i) ride Telepod e-scooter on the road, (ii) pillion riding, (iii) transfer Telepod e-scooter to any other area without booking through Telepod (or partner's) app, (iv) disassemble or remove any parts of Telepod e-scooter, (v) without the prior consent of Telepod, publish any commercial or non-commercial advertisements, (vi) infringe any other party’s lawful rights, including without limitation intellectual property rights, (vii) submit, upload or publish any defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive content.

You SHALL: (i) be responsible for all losses of the e-scooter and third party liability caused directly or indirectly by you during the rental period, (ii) in the event of rain, seek shelter and stop using the e-scooter, (iii) report through Telepod application or contact our hotline if you face any problem using the e-scooter, ending the trip or involve in an accident, (iv) take note of the e-scooter battery level while using it, (v) end your trip by parking the e-scooter at designated station.

In the event the e-scooter under your usage is confiscated by traffic police or any authority due to violating law & regulations, you shall bear the full cost of the e-scooter, payable to Telepod.

The maximum usage duration for a Telepod e-scooter is 6 hours, you shall return it to any Telepod station within 6 hours. If you do not return the e-scooters to any Telepod station within 24 hours, it is deemed lost. Telepod reserved the rights to bill the full cost of the e-scooter to your payment card.

You may not authorise third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

You should always make sure that the trip has been ended properly in Telepod mobile application. If you are unable to end the trip, you shall take a screenshot/photo of the issue/bug and contact Telepod immediately. In the event you forget to end the trip by scanning station QR code, a S$2.50 admin fee might be levied for Telepod's customer support to remotely end the trip for you.

 

3.3 TEXT MESSAGING

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. Should you have questions about receiving text (SMS) messages from Telepod, you may contact Telepod through enquiry@telepod.sg. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

3.4 PROMOTIONAL CODES

Telepod may, in Telepod’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Telepod establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Telepod; (iii) may be disabled by Telepod at any time for any reason without liability to Telepod; (iv) may only be used pursuant to the specific terms that Telepod establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Telepod reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Telepod determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

3.5 NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Telepod does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

4. PAYMENT

You understand that use of the Services may result in charges to you for the services you receive (“Charges”). After you have received services obtained through your use of the Service, Telepod will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law.

To ensure responsible usage, Telepod collects a S$49 refundable deposit which is deducted from your payment card as part of the registration process. If you request for deposit refund, it usually takes up to 2 to 3 weeks to process. The first refund to your registered payment card is free, each subsequent refund will incur a S$2.50 processing fee. If you need the deposit refund to be done via bank transfer or any method other than refunding back to the payment card registered, an admin fee of S$2.50 and bank charges (where applicable) will apply. If you request for deposit refund when your Telepod credit is negative, the negative amount will be deducted from your deposit and the balance will be refunded to your payment card registered.

You need to top up in app Telepod wallet before you can start using the Services. At the end of each trip, the trip fare will be deducted from your Telepod wallet automatically. If your Telepod wallet has negative credit, you will not be able to start another trip until you top up the wallet credit to at least $0 and above. Telepod credits cannot be refunded, transferred or donated to others. Telepod credits have one year expiry date. However, as long as you are actively using our e-scooter sharing service, the expiry date will be extended for another year automatically based on your last usage.

Telepod may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

 

5. DISCLAIMER; LIMITATION OF LIABILITY; INDEMNITY.

 

5.1 DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TELEPOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, TELEPOD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Particularly, for the hosts and landlords of the e-scooter sharing station, they do not endorse, recommend, or make representations with respect to the provision of the Telepod e-scooter sharing service and are not liable for the provision of the e-scooters and other equipment under the Telepod e-scooter sharing service.

 

5.2 LIMITATION OF LIABILITY

TELEPOD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. TELEPOD SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, EVEN IF TELEPOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TELEPOD SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

5.3 INDEMNITY

You agree to indemnify and hold Telepod and its officers, directors, employees, agents, partners and clients harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including injurers in accidents.

 

6. GOVERNING LAW; ARBITRATION 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of Singapore.

 

7. OTHER PROVISIONS

 

7.1 NOTICE

Telepod may give notice by means of a general notice on the Services, or by text (SMS) messages. You may give notice to Telepod by writing an email to enquiry@telepod.sg.

 

7.2 GENERAL

You may not assign or transfer these Terms in whole or in part without Telepod’s prior written approval. You give your approval to Telepod for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Telepod’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you and Telepod as a result of the contract between you and Telepod or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”