18 May 2022
THIS DOCUMENT IS INTENDED TO HAVE LEGAL CONSEQUENCES AND EXCLUDES ALL LIABILITY ON THE PART OF CURRENT VEHICLES LTD. A LOCAL COMPANY INCORPORATED IN BERMUDA, REGISTRATION NUMBER 51794 (HEREINAFTER CALLED "CURRENT", WHICH EXPRESSION SHALL, WHERE THE CONTEXT SO ADMITS, INCLUDE CURRENT’S SUCCESSORS IN TITLE) FOR ANY LOSS OR DAMAGE INCLUDING LOSS OR DAMAGE OCCASIONED BY REASON OF DEATH THAT THE RENTER OR THEIR PASSENGER MAY SUFFER EITHER AS A CONSEQUENCE OF ANY ACTION, BY ANY ACT OR OMISSION OF CURRENT, INCLUDING ANY DEFAULT OR NEGLIGENCE BY CURRENT IN REGARD TO THE CONDITION OR REPAIR OF THE RENTAL VEHICLE (HEREINAFTER CALLED "THE VEHICLE") AND WHETHER OCCASIONED BY THE NEGLIGENCE OF CURRENT OR ITS EMPLOYEES OR OTHERWISE. (PER CLAUSE 16). THE VEHICLE MAY BE DRIVEN ONLY BY AN AUTHORIZED DRIVER. AN AUTHORIZED DRIVER IS THE RENTER OF THE VEHICLE (HEREINAFTER CALLED "THE RENTER”). THE RENTER MUST SATISFY OUR AGE REQUIREMENTS, HAVE A VALID DRIVER’S LICENSE AND PROVIDE THEIR UP-TO-DATE RESIDENTIAL STREET ADDRESS, TELEPHONE NUMBER AND FULFILL ALL OTHER REQUIRED QUALIFICATIONS PRESENTED DURING THE REGISTRATION PROCESS FOR THE RENTAL SERVICES PROVIDED BY CURRENT.
CURRENT, having its registered office at 41 Cedar Avenue, Hamilton, HM12 Bermuda, has developed a mobile application for the offering of mobility sharing. CURRENT will make vehicles available to THE RENTER for use in car, minicar, e-bike, scooter, e-scooter, and kick scooter sharing transportation as provided in the terms and conditions of this Agreement. Users may use the SERVICES and THE VEHICLE only in accordance with the terms and conditions of this Agreement.
The terms and conditions of this Agreement shall apply to all rentals commencing in Bermuda for vehicles owned and operated by CURRENT to any authorized driver.
The use of any automated system or software to extract data from the Application or the Website, including scraper bots, is strictly prohibited. CURRENT reserves the right to take such action as it deems necessary to enforce this prohibition, including legal action, without prior formal notice.
“Account” means the personal user account created on the Mobile Application by the User upon subscription to the Application, containing Personal Data;
“Actual Driving Time” means the actual use of the Vehicle by THE RENTER starting one (1) minute after unlocking the Vehicle and terminating when the Vehicle is returned to the Home Zone;
“Applicant” is a person who subscribes to the Mobile Application and wishes to be accepted by CURRENT as an Authorized Driver in order to use the Services and the Vehicles;
“MOBILE APPLICATION” means the mobile application managed by CURRENT which enables Users to receive the Services from CURRENT and to use The Vehicles subject to the terms and conditions of this Agreement to offer mobility sharing Services;
“THE RENTER” is a person approved by CURRENT in accordance with this Agreement to receive the Services, make reservations and use The Vehicles subject to the terms and conditions of this Agreement;
“Calendar Day” every day (24 hours) of the week from Monday to Sunday;
“Business Day” means every day from Monday to Friday with exclusion of Saturday, Sunday or any public holiday in the applicable jurisdiction of Bermuda;
“HOMEZONE” is the area to which Vehicles must be returned by a THE RENTER after completing its reservation as shown on CURRENT’S Mobile Application based on the then current geolocation;
“Rental Fees” encompasses the fees THE RENTER is liable to pay to CURRENT in order to receive the Services and to use the Vehicles;
“Insurer” refers to Argus Insurance, the company appointed by CURRENT to insure their Vehicles;
“CURRENT” means Current Vehicles Ltd., a company offering mobility sharing solutions, having its registered office at 41 Cedar Avenue, Hamilton, HM12 Bermuda.
“CURRENT’S Customer Support” available at +1441 296-8949;
“Rental Period” is the period beginning with the confirmation of the booking and ending with the proper return of the Vehicle to the Designated Zone (in accordance with article 4 of the Agreement);
“Reserved Vehicle” is a Vehicle reserved by THE RENTER;
“Service(s)” means the services provided by CURRENT through the Mobile Application to enable THE RENTER to use a Vehicle in accordance with the terms and conditions of this Agreement;
“THE RENTER” is an Applicant and/or Authorized Driver;
“THE VEHICLE” is a car, minicar, e-bike, scooter, e-scooter or kick scooter owned or leased and made available by CURRENT in order to enable THE RENTER to use the Services;
“Website” means www.currentvehicles.com.
1. The RENTAL PERIOD shall commence from the moment THE VEHICLE is BOOKED by the RENTER using CURRENT’S MOBILE APPLICATION, and shall continue until THE VEHICLE is returned to a HOMEZONE and the RENTAL PERIOD is ended by the RENTER using CURRENT’S MOBILE APPLICATION.
THE VEHICLE includes all replacements and renewals thereof and additions and accessories thereto whether made on or after the time of rental.
2. The RENTAL FEE shall not under any circumstances be refundable except at the discretion of CURRENT. THE RENTER shall pay CURRENT for every minute of the RENTAL PERIOD.
3. THE RENTER shall also pay an unlock fee charged to THE RENTER to unlock THE VEHICLE for each individual RENTAL PERIOD as well as:
(i) The first portion of any damage or loss to THE VEHICLE for which THE RENTER undertakes to be responsible regardless of negligence under the terms herein.
(ii) Any additional charges payable under clause 2 hereof.
(iii) The cost to tow THE VEHICLE in the event of breakdown, puncture or empty battery regardless of the cause.
4. THE RENTER warrants that he/she is over the age of eighteen years.
5. THE RENTER hereby undertakes and warrants that he/she has read the Bermuda Highway Code, traffic legislation and watched CURRENT’S Contactless Vehicle Tutorial video.
6. THE RENTER undertakes and warrants that he/she shall drive The Vehicle in a careful and skillful manner and in accordance with all legal requirements and with CURRENT’S standard policy of insurance which is available for inspection on CURRENT’S website.
7. THE RENTER hereby warrants that:
(i) THE RENTER will stop using THE VEHICLE immediately upon any indication that THE VEHICLE is not in good working order and THE RENTER will as soon as possible notify CURRENT in accordance with the undertaking set out in clause 11 (iv).
8. THE RENTER hereby undertakes and warrants that he/she will not loan or otherwise permit the use of THE VEHICLE by any other person. Further, THE RENTER hereby warrants that he/she understands that he/she is the only person who is insured against third party risks while driving THE VEHICLE and that it is illegal for anyone other than THE RENTER to drive THE VEHICLE during the RENTAL PERIOD.
9. THE RENTER hereby undertakes and warrants that he/she shall not permit to carry as a passenger any person under the age of five years.
10. THE RENTER warrants that they understand:
(i) THE VEHICLE is insured for third party risks under the laws of Bermuda, and acknowledges that this gives protection to THE RENTER only in respect of claims made by third parties against THE RENTER.
(ii) the policy of insurance taken out by THE RENTER does not provide insurance for any passenger notwithstanding that THE VEHICLE may be equipped to take such a passenger and is rented on the understanding that the passenger will be travelling at their own risk and;
(iii) CURRENT has not taken out any policy of insurance which gives coverage to THE RENTER in respect of any loss or damage that THE RENTER may suffer either as a consequence of any action by any third party, or by himself/herself, or by any act or omission of CURRENT, including any default or any negligence by CURRENT in regard to the condition or repair of THE VEHICLE and whether occasioned by the negligence of CURRENT or its employees otherwise.
11. THE RENTER hereby undertakes to:
(i) report any accident involving THE VEHICLE to CURRENT immediately following an accident and also to the police or other proper authorities within the time prescribed by law;
(ii) supply such information drawing or assistance as may be required arising from or in connection with any accident as CURRENT or its insurers may require;
(iii) not give any instruction, without the proper consent of CURRENT, or conduct, or permit anyone else to conduct, any repairs to THE VEHICLE or for the replacement of any parts; and,
(iv) report immediately to CURRENT any loss or damage or fault or deterioration in the condition of THE VEHICLE, that could potentially endanger THE RENTER or their passenger or other road users or pedestrians , and cease to operate THE VEHICLE thereafter.
EXCLUSION OF ANY WARRANTIES AS TO THE CONDITION OF "THE VEHICLE" BY "CURRENT".
12. CURRENT makes no warranty either express or implied as to the condition, road worthiness or working order of THE VEHICLE and THE RENTER shall be deemed to have satisfied themselves that THE VEHICLE is in all respects roadworthy and in proper and safe condition and THE RENTER shall accept the full risk of any defects in THE VEHICLE or the manner of its operation whether or not said defects be latent or patent.
"CURRENT’S" INDEMNIFICATION BY "THE RENTER"
13. THE RENTER shall fully indemnify CURRENT against any claim arising from any cause whatsoever which may be brought by any person, other than THE RENTER, as a result of that person's use of THE VEHICLE or charging stations that THE VEHICLE is connected to by charging cable during the RENTAL PERIOD.
14. THE RENTER shall not loan or otherwise permit the use of THE VEHICLE by any person. The RENTER shall fully indemnify CURRENT against any claim arising from any cause whatsoever (which may be brought by any person) as a result of that person being carried in THE VEHICLE as a passenger.
15. THE RENTER shall fully indemnify CURRENT, unless otherwise waived by CURRENT, for the first portion of any loss or damage to THE VEHICLE however caused during a RENTAL PERIOD.
EXCLUSION OF ALL LIABILITY BY "CURRENT"
16. "THE RENTER" HEREBY AGREE'S THAT THEY SHALL HAVE NO CLAIM WHATSOEVER AGAINST "CURRENT" OR ITS INSURERS FOR ANY INJURY, LOSS OR DAMAGE OCCASIONED BY REASON OF DEATH OR INJURY SUFFERED BY THEM OR THEIR PASSENGER AS A RESULT OF THEIR USE OF "THE VEHICLE" OR CHARGING STATIONS THAT “THE VEHICLE” IS CONNECTED TO BY CHARGING CABLE INCLUDING FOR PURPOSE OF INSTRUCTION AND TEST RIDE OR BY REASON OF ANY ACT OR OMISSION BY "CURRENT" INCLUDING ANY DEFAULT OR NEGLIGENCE ON THE PART OF "CURRENT" IN REGARD TO THE CONDITION OR REPAIR OF "THE VEHICLE" AND WHETHER OCCASIONED BY THE NEGLIGENCE OF "CURRENT" OR ITS EMPLOYEES, SERVANTS OR AGENTS OR OTHERWISE.
17. The legal relationship between CURRENT and THE RENTER shall exclusively be governed by these terms and conditions and any representations or warranties by CURRENT, its servants or agents shall be of no effect whatsoever unless confirmed by CURRENT in writing. THE RENTER agrees that this document contains all the terms and conditions and represents the entire understanding between the parties with respect to its subject matter and supersedes any previous communication or agreements that may exist.
18. The law of Bermuda shall govern all matters arising from THE RENTER’S use of THE VEHICLE and THE RENTER hereby acknowledges that they waive the application of any other law to any dispute or action that might arise from the use of THE VEHICLE while BOOKED by THE RENTER.
19. It is understood that THE RENTER is solely responsible for ending their BOOKING and only by using CURRENT’S Mobile Application. CURRENT will not be liable for any additional cost or expense incurred by THE RENTER for failing to properly end a BOOKING. THE RENTER also acknowledges that BOOKING’S can only be ended within a HOMEZONE. A BOOKING is properly ended once an automatically generated SUMMARY OF BOOKING has been emailed to THE RENTER.
20. THE RENTER acknowledges that CURRENT may terminate a BOOKING at any time and for any reason.
21. The Mobile Application (in object code and source code form), underlying models and algorithms of the Application, the CURRENT brand and logo, including any rights, title and interest (including intellectual property rights) therein, shall at all times remain the sole and exclusive property of CURRENT and if applicable, its licensors, and THE RENTER shall obtain no rights, title or interest (including without limitation intellectual property rights) therein pursuant to this Agreement, except for the limited user rights expressly granted hereunder. In the event, notwithstanding any prohibition thereto, THE RENTER modifies or creates derivative works of the Application, CURRENT shall own all rights, title and interest, including any intellectual property rights, in and to such modifications and derivatives and THE RENTER hereby assigns any such rights, title and interest in such modifications and derivatives to CURRENT at no cost to the latter.
THE RENTER agrees: (1) not to remove any intellectual property notices in the Mobile Application; (2) not to sell, transfer, rent, lease, grant access or sub-license the Mobile Application to any third party; (3) not to alter or modify the Mobile Application; (4) not to reverse engineer, disassemble, decompile or attempt to derive source code from the Mobile Application; (5) not to prepare derivative works from the Mobile Application and (6) not to use or register the brand “CURRENT”.