TERMS AND CONDITIONS

GENERAL PROVISIONS. TERMS OF CONCLUSION OF THE AGREEMENT. UNILATERAL AMENDMENTS.

These terms (“Terms”) govern your use of our various products, services, apps and software we offer (collectively, our “Services”). They are provided to you and managed by MERCURY .e I.K.E. (hereinafter “we” or “us”) a company incorporated under the laws of Greece with registered office in Agiasmenos, Ierapetra Lasithiou, Greece. By using our Services (including using our App or creating a user account, for example), you are agreeing to these Terms, including that you are of legal age to enter into binding contracts, so please read them carefully. You are also agreeing that you have authority to agree to these Terms.

If you don’t agree to these Terms, you may not use our Services. We may amend these Terms from time to time (e.g. when this is required to fulfill any new law requirements, implement organizational changes intended for improving the Service or preventing repeated misbehaviours of users where these are not covered by these Terms and Conditions or regarding which any previous regulations failed to prevent them), and the revised version will be effective from the time of publication on our website or in the app. You will first be able to review any revised version of these Terms before they are made effective, however. The revised Terms will supersede any previous versions. While we will provide you advance notice of any important revisions, we do recommend that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms also expressly supersede any prior agreements or arrangements we may have with you. You may of course stop using our Services at any time, and we may terminate these Terms or your use of any Services, or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion (but if you disagree with, or wish to challenge, any such termination or cessation by us, please contact us at support@mercury-e.gr with the relevant details). Specific terms covering subscriptions to our Services are set out below. Among others, they outline additional notice periods that you are entitled to before we made any changes to pricing or other important subscription terms. 

This User Agreement and Terms & Conditions (collectively the “Agreement”) is a legally binding agreement between you (“You”, “Your” or “User”) and Mercury.e IKE, doing business as Mercury, and doing business as Mercury.e , company registered office at Agiasmenos, 72200 Ierapetra Lasithiou, Greece under company number 171992041000 (GEMI registry).

This Agreement contains the essential terms governing Your use of Our services and products.

Our Services consist of the following:

1. Our electric bicycles are referred to as the “Bike”.

2. All other related equipment, maintenance, charging of the bike, personnel, mobile applications, other software and information that we provide or make available.

3. The use of website, accessible at the address https://www.mercury-e.gr (including versions optimized for viewing on a wireless device or tablet), Our mobile application (the “App”) and any interactive features and/or other services we make available that link to this Agreement.

Please note that the cities in which you use our services may also have additional terms that you should be aware of when using our services.

We hereby grant you permission to use the bikes subject to the conditions set out herein. Unless otherwise specified, monetary amounts mentioned in this Agreement are in Euros.

In some cases, your use of the services is subject not only to this Agreement, but also to separate guidelines, rules or terms of use that contain additional or different terms (in each case and collectively referred to as the “Additional Terms”). We will submit these Additional Terms to you for express acceptance. In the event of any conflict between this Agreement and any Additional Terms, this Agreement shall prevail unless the Additional Terms expressly provide otherwise.

 

 

 

OBJECT

The object of the Agreement is the sale by MERCURY of location, reservation, unlock and hire of MERCURY electric bicycles (Bikes) available at the time of user’s access to the Application (“Services”).

 

CONTRACT CONCLUSION AND STORAGE PROCEDURE

The agreement is concluded through the guided procedure provided in the Application, and is available for user’s access to the Services (the “Application”). The agreement shall be considered concluded on acceptance by the user of these Terms and Conditions available at the following link: https://www.mercury-e.gr/terms-and-conditions (“Terms and Conditions”). A copy of these Terms and Conditions shall be stored in the reserved area of the Application, to be freely consulted by the user. The user may download these Terms and Conditions at the following link: https://t.ly/0D5vU 

 

 1. RENTAL AND USE OF BIKES

1.1. You are the sole user of the services: You expressly represent and agree that you are the sole lessee and are responsible for compliance with all terms of this Agreement. You accept that when you activate a bike, that the bike may be used by you as well as other persons but that you will be held responsible for any inconvenience and costs. You are personally responsible for any Mercury Bike unlocked and used for the whole duration of each trip (from unlocking to locking of the Bike).

1.2. You are at least 16 years old: You represent and warrant that you are at least 16 years old. The control and use of product by a minor of less than 16 years old is expressly prohibited. Any violations found by both our staff and law enforcement may result in an additional charge to be notified to you via email/writing.

1.3. You are a competent driver: You represent and warrant that you are familiar with the operation of the bike and that you are sufficiently competent and physically capable to operate the product. You shall take all reasonable care to protect yourself (for example by wearing a safety helmet). By choosing to drive a bike, you assume all liability and risks associated with injuries and/or medical conditions as further explained below. You understand that adverse weather conditions can impact safety and you are able to respond accordingly. You have the responsibility to determine whether conditions, caused by weather or otherwise, make it hazardous to drive a bike. You should adapt your driving and braking according to the conditions and variables, such as weather and traffic conditions. This may also mean not using certain Products at all. Also note that we don’t provide routing directions or advice, so you are responsible for the route you choose.

1.4. The bike is the exclusive property of Mercury: you agree that the bike, and all associated equipment of Mercury, shall at all times remain the exclusive property of Mercury. You may not disassemble, deface or otherwise modify, repair or damage in any way any product, or any part of any product, or any of Mercury’s other equipment. You must not write on, remove or in any way alter or damage the stickers present on the bike. You must not use any bike for commercial or advertising purposes. 

1.5. Use the bike only in areas where they are permitted: You expressly acknowledge that you will use the bike only in areas where it is permitted. You declare that you will not use the bike in prohibited areas (such as cities that ban certain products, or areas where cycling is not permitted) and you accept full responsibility and liability for the use of any bike in a prohibited area, including fines and costs resulting from your use of a bike in a prohibited area. Mercury reserves the right to charge you if you use any bike in a prohibited area. If you leave the bike outside of the permitted area, Mercury shall be entitled to charge you -at its sole discretion- for the collection costs.

1.6. Comply with all laws: you agree to comply with all laws, rules, regulations and/or ordinances concerning the use, operation and/or control of the bike, including those relating to the bike in the area where you operate the bike. You also agree to comply with all applicable traffic and other regulations when using our bike. You are fully responsible and liable for any violations of laws, rules, regulations and/or ordinances while using the services, including improper driving and/or improper parking, and you agree that you are fully responsible and liable for all consequences, claims, demands, charges, losses, obligations damages, injuries, costs and expenses, fines, attorneys’ fees, judgments, fees (including fees for seizure charged by any local authority) and/or expenditures of any kind, foreseeable or unforeseeable and known or unknown, resulting from your use of any of the services.

1.7. Take reasonable care of the Bike. Use the Mercury Bike conscientiously, attentively and responsibly. You should not leave the Bike unattended, even if only for a short time and you should not transfer or move the Mercury Bike (or any part thereof) to other places by means other than riding the Bike in compliance with applicable laws and regulations.

1.8. Payment of Fines and Fees: you agree to pay any and all (monetary) fines, fees, collection expenses and/or other costs incurred by Mercury due to your mis-parking a bike or your violation of any law, rule, regulation and/or ordinance while using the services. This payment will be made by Mercury by a deduction from the linked credit card or by sending an invoice to the user concerned. If this payment is not met, Mercury reserves the right to bring an action before courts. All additional costs for collecting these amounts will be charged to the user concerned.

1.9. Prohibited Conduct: you expressly represent and warrant that you will not do the following:

• 1.9.1. Operate a bike in violation of one or more laws, rules, regulations and/or ordinances, including the rules regarding driving and/or parking products on sidewalks.

• 1.9.2 Drive a bike while carrying a briefcase, backpack, purse or other object that interferes with your ability to drive the product safely.

• 1.9.3 Use a mobile phone, text messaging device, portable music player and/or other device that may distract you from the safe use of a bike.

• 1.9.4. Drive a product while under the influence of alcohol, drugs, medicines and/or other substances that may impair your ability to drive a bike.

• 1.9.5. Transporting another person on any bike.

• 1.9.6. Use locking mechanisms other than those provided by Mercury.

• 1.9.7. Parking a bike in a manner that is not in full compliance with all applicable laws, rules, regulations and/or ordinances. You expressly agree that it is your responsibility to be familiar with all applicable laws, rules and/or regulations at the location where you operate a bike. You should not obstruct or block pedestrian traffic when operating/parking a bike. You should secure the Mercury Bike so that it cannot fall over and become a hazard or obstacle. In particular, the Bike shall be parked only in Mercury designated areas. The Bike should be locked when not in use.

• 1.9.8. Parking or placing a bike in such a way that Mercury cannot access it. If you breach this paragraph, Mercury may charge you, at our sole discretion, charge for the loss suffered by Mercury due to Mercury’s inability to access the bike and thus rent it to other users.

 

1.10. Bikes are intended for a limited number of uses you agree not to use any bike for races, mountain rides, stunts or tricks. You agree that you will not drive and/or use any bike on unpaved roads, through water (or puddles) (except in the context of ordinary city driving) or in locations where its use would be illegal, prohibited and/or a nuisance to others. You agree that you will not use any bike for hire or in exchange for a benefit, nor use any bike in violation of any law, rule, regulation and/or ordinance.

1.11. Weight and Loading Limitations: You may not exceed the weight limit for the bike (120 kg) and the load limit of the luggage carrier/basket (5 kg) on any bike. You must also not otherwise misuse the rack in relation to the type of contents or any visual obstruction or impediment to movement. You acknowledge that the front carrier/basket and/or rear basket of any bike is intended for light goods only and that you will not transport any person or animal on any bike. You should make sure that all transported goods and items are fastened and/or secured effectively at any time.

1.12. No Tampering: you may not tamper with the services, vandalize, attempt to gain unauthorized access to the services, or use the services in any way that violates this Agreement.

1.13. Reporting of Damages and Collisions: you must report accidents, collisions, damage, bodily injury, theft and loss of a product to Mercury as soon as possible. If bodily injury or property damage has occurred as a result of a collision, or if a bike has been stolen, you must report it to the local police station within 24 hours.

1.14. You are responsible for damage to the bikes: you agree to return each bike to Mercury in the condition in which the bike was rented to you. You acknowledge that you are responsible for the cost of repair and/or replacement of any bike that you damage and/or cause damage to. You are not responsible for normal wear and tear of the bike. If you destroy a bike, you are liable to replace the bike at the current retail price, at Mercury’’s sole discretion.

1.15. Availability and Use of Bikes: you acknowledge and agree that bikes may not always be available. Our bikes require periodic battery charging to operate. It is your responsibility to be aware of the level of charge power in the Product you are renting and use your judgment to decide whether it will get you where you intend to go with its current battery level. Bikes can only function if the battery is charged regularly. You agree to use and drive bikes safely and carefully and to comply with all restrictions and requirements associated with the bikes, as set out in all applicable laws, rules, regulations and/or ordinances. You understand and agree to the following:

• 1.15.1 The charge level of the bike decreases with use of the bike both over time and distance. Bikes lose their battery charge for various reasons, including due to weather, road conditions, product type and other factors.

As the charge level decreases, the speed and other functions of the bike may also decrease (or fail completely).

• 1.15.2. The charge level of the bike at the time you begin renting or using the bike is not guaranteed and varies from time to time.

• 1.15.3. The rate at which the charge level decreases during use of the bike is not guaranteed and varies depending on the bike, traffic conditions, weather conditions and/or other factors.

• 1.15.4. It is your responsibility to check the charge level of the bike and verify that it is sufficient for the trip before you begin using the bike.

• 1.15.5. Mercury makes no guarantees as to the distance and/or time of use of a bike before the battery is completely exhausted. It is possible that the battery of the bike at any time during the rental session of the bike is exhausted and the bike no longer functions, even if you have not yet reached the desired destination.

 

2. SAFETY

2.1. Safety Check: Perform a safety check on the Product before you use it. Check that the Mercury Bike (including, for example, tyres, brakes, lights, frame and bell) is roadworthy and safe before commencing the trip and that the seat, pedals and basket are properly attached.

It is also possible that something could have happened to the Bike since its condition was last checked, and we need you to tell us if something isn’t working properly if you notice it before we do. Please report any irregularities at through the application. If you notice any of these or other issues in a Bike before your use, don’t use it. Reserve another one instead. 

2.1.1. If before, during or after the use of a bike you discover any defect or other potential un-safety in a bike, however slight, you must not use the bike and, if you are already using the bike, you must stop using it as soon as it is safe to do so. and report the defect or problem immediately to Mercury. All such defects and damage shall be reported to Mercury’s customer service through the Application at the earliest convenience.

2.2. Loss or Theft of Bikes: If a bike is not returned within 24 hours, Mercury may, at its sole discretion, consider the bike lost or stolen and file a report or complaint against you with the local authorities. The data generated by the services’ computer is conclusive evidence of the period of use of the bike by you. You must report the disappearance or theft of any bike to Mercury immediately or as soon as possible.

2.3. Helmets, Safety: You acknowledge and agree that while using the services, products and/or related equipment, Mercury strongly recommends that you wear a CE marked helmet, whether or not required by law.

• 2.3.1. The CE-marked helmet should be properly fitted, adjusted and fastened according to the manufacturer’s instructions.

• 2.3.2. If the wearing of a helmet is required by any laws, rules, regulations and/or ordinances applicable in the area where the bike is used, you agree to comply with such laws and regulations at all times.

• 2.3.3. You expressly acknowledge and agree that you may be required to take additional safety or precautionary measures not described in this Agreement, and you expressly acknowledge and agree that it is your responsibility to determine whether you are required to do so. This is not Mercury’s responsibility. 

• 2.3.4. If you choose not to wear a helmet, despite our above recommendation, and are injured, you chose to take that risk and Mercury is not responsible.

2.4. Routes: You agree that Mercury does not provide or maintain places where the bikes can be ridden, and that Mercury cannot guarantee that there will always be a place where you can safely ride a particular bike. You bear however the responsibility not to drive the Bike in places where this is prohibited. Roads, bike paths and routes may become dangerous due to weather conditions, traffic and/or other hazards beyond Mercury’s control. Mercury has no responsibility for any of the aforementioned. There is no limitation to this. You are fully responsible for choosing a responsible and safe route. When choosing a route, you must always abide by all laws, and it is your sole responsibility to be familiar with the applicable laws, rules, regulations and/or ordinances of the jurisdiction where you use Mercury’s services and/or bikes.

2.5. Restrictions regarding rental: You acknowledge that Mercury is not a public transportation company. Mercury makes the services and bikes available solely for your convenience, and the rental offer is intended only for individuals who are capable and qualified to independently drive the bikes and have agreed to all of the terms and conditions of this Agreement.

 

3. PAYMENT AND RENTAL COSTS

3.1. Rental Charges: You may use the bike on a ride fee basis or otherwise, in accordance with the fees described in the App. After you have registered and opened an account with us, you can use a bike by clicking on the desired payment method and then following the instructions on the screen. You can check and correct the information you entered until you pay by clicking on the “Pay” button or agree to an obligation to pay for the products or subscription. Rates are inclusive of all taxes etc. are inclusive of other applicable governmental charges. Mercury will charge the fees and charges described in this Agreement via your credit or debit card (collectively referred to as your “Card”) or other agreed upon payment method. We will automatically charge and withhold the applicable taxes if required by law. After you have paid for the bike or subscription, you will receive an order confirmation by email. At that moment the contract between you and Mercury is concluded (“Confirmation”).

3.2. Discount Codes: Discount Codes (“Discounts”) are one-time offers that can only be utilized through the App. Mercury reserves the right to change or cancel discounts at any time. Rebates are limited to one per customer and per account and cannot be combined with other promotions. Discounts are non-transferable and may not be resold.

3.3. Maximum rental period and rental costs: The maximum rental period is 24 hours (except after written consent that the bike may be hired for a longer period of time). You declare that you will terminate the rental of the bike no more than 24 hours after the start of the rental period. You may then rent again. You agree that you are responsible for monitoring the elapsed time in order to lock the bike in a timely manner. The rental fee for any one bike is a maximum of €361 based on a 24 hour rental period. Upon return of the bike, you will be charged for the accumulated rental cost or the maximum 24 hour rental charge, whichever is the lower. Bikes not returned within 24 hours (i.e. the bike is locked and the ride terminated) will be deemed lost or stolen. In this case, you may be charged up to the retail value for each Mercury.e-Bike and a report or complaint may be made against you to the police. We may also at our discretion charge a service fee if the rental period is longer than 24 hours and the product is not considered lost or stolen.

3.4. Valid credit or debit card: You must enter a valid card number and expiry date before you can be registered to use the services. You certify that you are authorized to use the specified card(s). You authorize Mercury to charge all charges incurred by you and any additional charges via the card in charge. If you disagree with a payment that has been collected through your card, you must contact Mercury as soon as possible and provide all trip details necessary to determine which payment is involved, this will include information such as the date of the trip and the start and end time of the rental period. You hereby agree to inform Mercury immediately of any changes regarding your card.

3.5. The charging period shall commence when the Mercury bike is unlocked and shall end when the Mercury bike is locked. The start and the end of a charging period shall constitute one trip. You shall be charged every trip on a Mercury bike and any fines, costs or sanctions on the basis of the price list and the conditions in force at the time of trip. Details on prices, fines, costs, sanctions, rates and possible guarantee deposits can be found in the Application. You shall not use the Services if you do not intend to accept the prices, fines, costs, sanctions, rates and guarantee deposits in force.

3.6. Retrieval Charges: If you are unable to return a bike to a valid area (e.g. because you deactivate the bike in a private area, a private community and/or in another inaccessible place) and wish the bike to be retrieved by Mercury, we may, at our discretion, charge you a retrieval fee. If a product accessed through your account is left without notice, you are responsible for all costs until the bike is found and deactivated. In addition, you shall pay a service fee to retrieve the product, to be determined by Mercury. Mercury may change the above amounts at its sole discretion and without notice to you.

3.7. Fines: We cooperate with all governmental officials in their enforcement of the applicable laws, and for expediency we may pay amounts you owe on your behalf and provide any necessary information requested or required by the applicable government agencies. If we do so, you are required to pay us back plus a reasonable administrative fee plus any applicable costs associated with third party collection or administrative agents if we have to use them to resolve the issue. By agreeing to these Terms, you agree that we may charge these amounts to your preferred payment method indicated in your account, and we may need to contact you for additional information.

3.8. Cancellation/Withdrawal: Normally, you will have the right to cancel a contract and withdraw from a purchase within 14 days of the conclusion of the contract/purchase (dating from the moment Mercury sends you a confirmation). However, you expressly acknowledge and agree that if you use the bike within this 14-day period, whether you pay for the bike per ride or on a subscription basis, you will not have the right to change your mind and cancel the contract (or claim a refund) under applicable consumer contract regulations. If you cancel earlier and within the 14-day period, the amount you paid for the service will be refunded to you in full in accordance with our refund policy (see below). If you wish to exercise your right of withdrawal, please send us a notice informing us of your decision to withdraw from the Agreement (e.g. by e-mail at support@mercury-e.gr).

3.9. Refunds: If you cancel a payment within the 14-day cooling off period described in clause 3.8 above, the amount payable to you will be refunded as soon as possible (but in any event within 14 days of cancellation). If you have taken advantage of any promotion or other discount when making your payment, only the amount you actually paid will be refunded to you. Refunds will be made via the payment method you used for your purchase, unless otherwise agreed. We do not offer refunds for your use of our Services, and any exceptions to this policy are in our sole discretion, to the extent permitted under applicable law.

3.10. Administrative Fee for Refunds

When requesting a refund to your bank account, an administrative fee of €6,00 will be charged. These fees cover the administrative processing and transaction costs associated with the refund. Please note that these charges apply only to reimbursements made to your bank account and do not apply when using your Mercury wallet for our services.

 

4. APPLICABLE LAW AND JURISDICTION

4.1. The Terms and Conditions, the Agreement, the use of Services and any dispute or claim arising out of or in connection with it or its subject matter or formation are governed by and construed in accordance with Greek law.

   

4.2. In all cases, the Law Courts of Thessaloniki shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation and the parties irrevocably agree on this exclusive jurisdiction clause.

5. SUBSCRIPTIONS AND AUTOMATIC RENEWAL

5.1. General Provisions: To purchase and use subscriptions offered through the services, you must be at least eighteen (18) years of age. You may also use a Mercury Bike if you are at least 16 (sixteen) years old (“Minor”) on condition that the minor’s parent or legal guardian, (a) registers the Account on behalf of the Minor, providing a copy of the identification card of the Minor and of the parent or legal guardian, (b) represents and warrants that he/she and the Minor have agreed to these Terms and Conditions, and (c) he/she takes full responsibility for all injuries, damage, costs and expenses arising from the Minor’s use of the Services in accordance with these Terms and Conditions and with law provisions.

Before you purchase and/or rent products or services, you must provide us with a valid card number and related payment information, including all of the following: (i) your name as appears on the card, (ii) your card number, (iii) the type of card, (iv) the expiration date, and (v) any activation numbers or codes required to load your card or use a valid gift card. By providing these details to Mercury or our credit card processor, you authorize Mercury and/or our processor to charge the amount payable to your card at a time of our choosing, but in any event within thirty (30) days of authorisation of your card. For each bike subscription that you order through the services, you agree to pay the rate as set out in the App (including VAT and surcharges) at the time you subscribe. Mercury will automatically collect the subscription fee through your card or other payment method specified during the registration process. We may offer various subscriptions, including special promotional subscriptions and memberships with different terms and restrictions. Terms and conditions that differ materially from those in this Agreement will be presented to you for acceptance when you register or in other communications to you. Some promotional subscriptions may be offered by third parties in conjunction with their own products and services. We are not responsible for the products and services of such third parties. We have the right to change, terminate or otherwise modify the subscriptions offered by Mercury. 

5.2. Duration and Termination of Your Subscription: Your subscription will be effective on the date you purchase it unless it is a free trial subscription. Your subscription remains in full force and effect for the subscription period that you have specifically chosen or for one month (30 days) and is renewed automatically until you cancel it (the “Subscription Period”). By specifying your payment method when you subscribe, you agree to pay a subscription fee (and any taxes and service fees, collectively referred to as the “Fee”). We will continue to collect this fee at the then current rate unless you cancel before the end of the current subscription period. The fee will be automatically collected at the beginning of our subscription period, using the payment method originally specified, and at the beginning of each subsequent subscription period on the calendar day corresponding to the start date of your current subscription period, unless you cancel your subscription, or your account is suspended or terminated under this Agreement. If you cancel a subscription midway through the subscription period, you will not be entitled to a refund for the remaining, unused portion of that subscription period.

5.3. Modification of the Fee: Mercury reserves the right to modify the fee or its billing methods at any time. In this case you will be informed in advance and, by no less than 14 days of the fee change or the change in billing methods, the modifications will be taking effect. In the event of a price change, Mercury will list the new prices on the services and you will be notified in advance via email to the email address provided. You agree that we may change our prices, billing methods or the details of your subscriptions by notifying you via electronic communication. If you do not accept a price or subscription change or a change to the billing methods that we have made, you may cancel your subscription before the changes take effect, as explained below in clause 5.4. In the case of cancellation under this clause 5.3, the advance payment you have already made will be refunded to you on a pro rata basis, based on the unexpired portion of the then current subscription period. If you do not cancel your subscription, you hereby confirm that you will agree to, and be deemed to have agreed to, the price/subscription/billing method change and authorize Mercury to collect the new fee through your payment method. 

5.4.  During the account registration you may also be required to provide personal information such as personal details, e-mail address and mobile phone number, which shall be kept and processed in compliance with our privacy policy The account registration entails an express acceptance by the user of our Terms and Conditions.

5.5. Cancellation of Your Subscription: You may cancel your subscription at any time by sending Mercury notice by email to support@mercury-e.gr or via the chat box on the App informing us of your decision to cancel your subscription. You can also cancel your subscription as follows: open ‘Your Portfolio’ in the App, click ‘Manage’ and then ‘Cancel Subscription’. You will not receive a refund or credit for partial months. If you cancel your subscription, you may continue to use the services until your current subscription period ends. Thereafter, you will no longer have access to the subscriber-only features/areas of the services. This includes balances and other data and analytics that were visible during your subscription period.

 5.6. Termination and Suspension by Us: Without prejudice to the termination and suspension provisions under clause 7, Mercury also has the right to terminate this Agreement and suspend your access to the subscription by giving at least thirty (30) days written notice to you via email with or without cause. You will no longer be charged for use of the subscription once that notice period has expired. Upon expiration or termination of this Agreement for any reason, your right to access and use of the subscription will lapse. You agree that if we terminate your rental of products and/or your subscription, you will have no rights other than one of the following: (a) we will pay an amount to your card account for the amount you have already paid for the products or subscription but have not yet been able to use provided always that you made an advance payment through your card, or (b) we will charge nothing to your card provided that you have not breached any terms of this Agreement or unless, any amount is payable to us in accordance with the terms of this Agreement.

5.7. Free Trial/Discounted Subscriptions: We may offer trial subscriptions that allow you to use the services for a limited time for free or at a discount. Please note that when you sign up for a free trial, you are required to provide your card number and Mercury will verify that your card is valid. When we process your card, some credit card companies may temporarily block your account for your first payment. Please contact your card company if you have any questions. Please note that we do not offer price protection or refunds on price drops or other discount offers. Once your free trial ends, we or a third-party payment processor will begin regularly collecting your subscription fees through the payment method you specify, unless you cancel your subscription prior to the end of the free trial period. Once your free trial ends and your paid subscription begins, your subscription will automatically renew, and we will charge you for each renewal until you cancel your subscription in accordance with clause 5.5 of this Agreement. Please see above for instructions on how to cancel your subscription. Please note that you will not receive notification that your free trial has ended or that your paid subscription has begun.

5.8. Availability of Bikes and Services: The purchase and/or rental of bikes and/or services is subject to availability. You therefore accept that bikes and/or services displayed through the services may not always be available in the area where you live or in Greece or may be replaced or discontinued at any time.

5.9. Account Registration and Security: In order to access our services, you must create an account. You promise to: (a) provide true, accurate, current, and complete information about yourself on the registration or enrolment page of the services (such information being referred to as the “Registration Data”) and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you fail to provide information that is necessary for your registration, if you provide any information that is false, inaccurate, not current or incomplete, or if Mercury has good reason to suspect that the information is false, inaccurate, not current or incomplete, Mercury has the right to suspend or terminate your account in accordance with clause 5.6 or clause 7 and refuse any and all current or future use of the services by you, in whole or in part. You are fully responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for all activities that occur on your account. You may not share your account information or your username and password with any third party or allow any third party to use your account information to log into the services. You promise to immediately notify us of any unauthorized use of your account or any other security breach of which you become aware of. You have the responsibility to take the precautions and security measures best suited to your situation and your intended use of the services. Please note that anyone who has facial recognition access and/ or knows your app password and can provide our personal information will have access to your account. You must therefore take reasonable measures to protect this information. You are fully responsible for all activities carried out under your Account and for the security and secrecy of the Account’s username and password.

 

6. LIMITED LIABILITY OF MERCURY, ACCEPTANCE OF RISK BY YOU

6.1. Limitation of Liability: Nothing in these terms and conditions shall limit or exclude our liability to you:

• 1.1 for death or personal injury resulting from our negligence,

• 1.2 for fraud,

• 1.3 for breach of any term implied by Greek Consumer laws, in particular law 2251/1994 on consumer protection as amended and in force, and which, by law, may not be limited or excluded;

• 1.4 for any other liability which may not be limited or excluded by law.

 

6.1.2 Insurance coverage and liability

6.1.2.1. Starting from the release of the Mercury Bike until the end of trip, you are responsible for the use of the Mercury Bike and for any injury, damage or loss caused to third parties and/or Mercury and occurring while using the Mercury Bike (including its loss, destruction or damage).

6.1.2.2. Except for contingencies caused by our fault or gross negligence, Mercury shall not be held liable for any damage, loss, loss of profit arising from the use of, or reliance on, the Services or from the impossibility to access or use the Services. 

6.1.2.3. Mercury will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by events outside our reasonable control or by force majeure.

6.1.2.4 Our bikes are machines and there is inherent risk associated with using them, including any sort of malfunction no matter how well they are maintained. These risks are not always obvious, and they may cause property damage, injury or even death to you or others. Subject to the above, by using our services, you agree that you understand these risks, that it is your responsibility to use our services safely. You are responsible for any harm you cause to other people or property (unless caused by an action for which Mercury could be held responsible, and to the extent permitted by applicable law). Save where, and to the extent that, you are covered by our insurance policy under clause 6.1.2, you agree that by using our services in the event that any problem arises from the services, or any information contained in any of the service, your sole remedy is to cease using the service. Therefore, it is advisable that you take out an insurance of your own before using a Mercury Vehicle.

6.1.2.5 Mercury does not assume any responsibility, and will not be liable for any damages, losses and causes of action; whether in contract, tort  or negligence (including without limitation claims for or relating to any accident, personal injury, property damage that you may suffer as a result of using our Services) save where, and to the extent that, you are covered by our insurance policy. Damages beyond the limits of our insurance policy or below any applicable insurance deductibles are your responsibility.

6.1.2.6 Our insurance coverage does not cover damages, losses and causes of action whether in contract, tort or negligence (including without limitation claims for or relating to any accident, personal injury, property damage that you may suffer as a result of using our services) if you are in breach of the terms of this Agreement (including using any bike for commercial or business purposes which is expressly prohibited under this Agreement) or any applicable insurance terms and conditions (a copy of which is available here), and in such an event you may be held responsible for the full costs of such damage.

6.1.2.7 Subject to this section and to the extent permitted by applicable law, if you are a consumer and not a business customer (as using our service for business purposes is expressly prohibited under this Agreement), in no event shall Mercury be liable to you for any indirect or consequential losses or loss of data, and if you are a business customer, in no event shall the Released Parties be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses. Any liability we do have for losses you (whether as a business or a consumer) suffer arising under these Terms shall be limited to EUR 60.000 / the amount covered by our insurance and is strictly limited to losses that were reasonably foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

6.1.2.8  For more information on our insurance policy and coverage, exclusions, conditions and deductibles, please click on, and familiarize yourself with the information contained under, the following link: bit.ly/mercury-insurance

• 6.1.3 Save where, and to the extent that, you are covered by our insurance policy under clause 6.1.2, you hereby expressly agree to waive and release us from all damages, losses and causes of action whether in contract, tort or negligence (including without limitation claims for or relating to any accident, personal injury, property damage that you may suffer as a result of using our services).

• 6.1.4 You are solely liable for all violations of road traffic regulations, public order regulations and other statutory provisions for which you are responsible in connection with your use of the services including any bike.

• 6.1.5 Mercury does not assume any responsibility and will not be held liable for any damages to, or any viruses that may infect your computer, phone or other property caused by or arising from your access to, use of, or browsing of the Services, or your downloading of any information or materials from the Services. Under no circumstances, will Mercury or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of the services, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages including, without limitation, those resulting from lost profits, lost data or business interruption arising out of the use, inability to use, or the results of use of the services, or the materials, information to services contained on any or all of the service, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.

6.2. You agree to indemnify and hold Mercury and Mercury related parties harmless from any tort liability and from any and all claims, demands, losses, liabilities and expenses (including reasonable legal fees) arising from or in connection with:

a) culpable or fraudulent acts committed by you while using the Services or Application;

b) failure to comply with or breach of these Terms and Conditions by you;

c) violation of any third parties’ rights, including injured third parties on the occasion of accidents, by you.

6.3. Should you be involved in an accident or any damage or injury be caused thereto while using a Mercury Vehicle, then you shall stop as soon as safely feasible and inform the police. You shall also inform Mercury of the incident and any injury or damage through the Application of by e-mail to be sent to support@mercury-e.gr. You shall also send to Mercury the reference numbers of the police reports supplied by the latter.

 

7. SUSPENSION AND TERMINATION

7.1. We may from time to time temporarily suspend access to any service, in whole or in part and with or without prior notice, in connection with repair or maintenance work or to update or upgrade content, features or functionality.

7.2. You may terminate the agreement and therefore the Account at any time, by contacting Mercury at support@mercury-e.gr.

7.3. We may, with immediate effect and without prior notice, terminate this Agreement or suspend and/or terminate any service and/or your use of your account and/or the product in the following circumstances:

• 7.3.1 if you have breached any of the provisions of this Agreement, or

• 7.3.2 if you fail to pay duly invoiced charges when due to us.

• 7.3.3. if you have used or attempted to use a means of payment for fraudulent purposes

7.4.  If you have breached any provision of this Agreement, we may take any action we deem appropriate. Any such breach may result in us taking one or more of the following actions:

• 7.4.1 Giving you a warning,

• 7.4.2 Terminating your right to use a service or product immediately, temporarily or permanently,

• 7.4.3 Instituting legal proceedings against you for the recovery of all compensable losses and damages resulting from the breach; and/or

• 7.4.4 Disclosing any relevant information to law enforcement agencies to the extent we reasonably believe it is necessary.

The measures described above are not exhaustive and we may take any other action we deem appropriate in our discretion.

7.5. Upon termination of our rental of products or your subscription or your account for any reason under this Agreement (including if you terminate or fail to renew your subscription in accordance with these terms of this Agreement):

• 7.5.1 All rights granted to you under these terms shall immediately terminate,

• 7.5.2 You must immediately cease all use of the relevant services and/or bikes, and

• 7.5.3 You must pay all outstanding amounts due to us.

7.6 The information obtained from the police on any non-compliance with these Terms and Conditions and any applicable law or regulation while you are using a Mercury Bike may be used by Mercury to terminate the agreement and your account or suspend the use of Services, including the hire of Mercury Bikes.

7.7. Mercury may deny the registration of an Account if you have previously been disqualified from using the Services, or your Account has been terminated for failure to comply with these Terms and Conditions or with any applicable law or regulation, or there are outstanding amounts owed for any reason by you to Mercury, or Mercury has been informed by the police of any violation by the user of the Greek Code on Traffic Regulations, of other relative provisions provisions or of any other applicable law or regulation, or Mercury has good reasons for suspecting that you are attempting or have attempted to use a fraudulent method of payment to cheat Mercury.

 

 

8. CONFIDENTIALITY OF INFORMATION, PRIVACY POLICY

Information retained pursuant to the Privacy Policy:

The personal data provided by you will be kept in a file by Mercury.e, who is responsible for processing the data. In processing that data, Mercury adheres to all its obligations under the EU Regulation 2016/679 and the Greek Law relevant to Data Protection. Detailed information about Mercury collecting, using and processing of users’ personal data (including the Registration Data) can be found in our Privacy Policy which is available on our website at Home - https://www.mercury-e.gr.

 

 

9 CONDITIONS OF USE

9.1. Limited Availability of the Services: 

Mercury uses its reasonable efforts to make the services available 365 days a year, but we do not guarantee that the services will always be available, as any fortuitous events and circumstances may prevent Mercury from offering the services. Access to the services is also dependent on the availability of bikes. Mercury makes no representations or warranties regarding the availability of services or bikes at any time. You agree that Mercury.e may ask you to return a bike at any time.

9.2. Use of License: 

Subject to your strict compliance with this Agreement and the Additional Terms, Mercury grants you a limited, revocable, non-exclusive, non-assignable, non-transferable license to download (for temporary storage only), display, view, use, play and/or print one copy of the content (excluding source and target code in raw or other form other than as made available for access and use to enable display and functionality) on a personal computer, mobile phone or other wireless or Internet-connected Device (each: a “Device”) for no other than personal, non-commercial use by you. This license does not authorize you to resell or make commercial use of the services or their contents; nor to collect and use product lists, descriptions or prices; to make any derivative use of the services or their contents; to download or copy account information for the benefit of another merchant; or to use data mining, robots or similar data gathering and extraction tools. Except as expressly permitted in this Agreement, the services and/or any portion thereof may not be reproduced, resold, visited or otherwise exploited for any purpose without the express written consent of Mercury.  Unauthorized use automatically terminates the authorizations and/or licenses granted by us to you. The foregoing limited license: (i) does not grant you any ownership or other intellectual property interest in any content, and (ii) may be immediately suspended or terminated for any reason, at Mercury’’s sole discretion and without notice or liability.

9.3. Copyright and Property: 

All content displayed on the Services, including but not limited to text, graphics, photographs, images, moving images, sound and illustrations (the “Content”), is the property of Mercury, its licensors, suppliers, agents and/or its content providers. All elements of the services, including, without limitation, the general design and the content, are protected by copyrights, moral rights, trademarks and other laws relating to intellectual property rights. The services may only be used for the purpose for which they have been made available. Except to the extent permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained in the services. Except to the extent permitted by copyright law, you must obtain permission before reusing any copyrighted material available on the services. You must comply with all applicable national and international laws, guidelines, ordinances and regulations regarding your use of the services. The services, their content and all related rights remain the exclusive property of Mercury or its licensors, suppliers, agents and/or providers of content, unless otherwise expressly agreed. Removing copyright, trademark and other proprietary notices from material found on the services is prohibited.