Terms & Conditions

Introduction

Welcome to eFly. These Terms and Conditions govern the website, the mobile application, and all services provided by the Company that reference these Terms and Conditions.

By using the website, the application, or any of the Company's services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to any part of them, you must refrain from using the website, the application, or any of the services.

The Company reserves the right to amend, update, add to, or remove any part of these Terms and Conditions at any time. Amendments take effect immediately upon publication on the website or application, without prior notice. Continued use of the service following the publication of any amendment constitutes your express acceptance of that amendment.

Terms and Conditions of Use

Use of the Website and Application

The user shall operate the electric vehicle in a safe and responsible manner, without causing damage to the vehicle, to third parties, or to public or private property. The Company reserves its full legal right to pursue the user for compensation or costs arising from misuse, negligence, or use in violation of these Terms and Conditions.

The user acknowledges being fully aware of how to safely operate and ride the electric vehicle, and bears full responsibility for its use. The Company shall not be liable for any damage, injury, or loss resulting from misuse or non-compliance with instructions.

The user further agrees to comply with the following safety and security requirements, including but not limited to:

● The user must be at least 18 years of age.

● Wearing a protective helmet whenever required.

● Not using a mobile phone or headphones while riding.

● Refraining from racing or operating the vehicle in a dangerous or reckless manner.

● Complying with all applicable laws, regulations, and instructions issued by the competent authorities in the place where the vehicle is used.

● Not riding the vehicle in restricted areas, inside buildings, on sand, or in any location where the Company prohibits its use.

● Parking the vehicle in designated areas and not obstructing pedestrian or vehicular traffic.

The user must end the trip and park the electric vehicle in designated locations in accordance with the Company's instructions. The Company may charge the user additional fees or costs if the vehicle

is left in a non-designated location, requires relocation or retrieval, or obstructs pedestrian or vehicular traffic.

The Company grants the user a limited, non-exclusive, non-transferable, and non-assignable license to use the website, the application, and the services in accordance with these Terms and Conditions. Use of the service for any commercial purpose or on behalf of any third party is prohibited unless the Company provides prior written consent.

Any breach of these Terms and Conditions shall result in the immediate termination of this license, without prejudice to the Company's full legal rights.

The Company may, at its sole discretion and without prior notice, suspend, restrict, or terminate a user's account or access to the service — temporarily or permanently — if it determines that these Terms and Conditions have been violated, the service has been misused, or the electric vehicle has been used in a manner that endangers the safety of others or the property of the Company or third parties.

Certain services may require registration or account creation. The user agrees to provide accurate, correct, and up-to-date information, and to update it as necessary. The user is fully responsible for maintaining the confidentiality of their account credentials and password, and bears responsibility for all activity conducted through their account.

The user must promptly notify the Company of any suspected unauthorized use of their account. The Company shall not be liable for any loss or damage resulting from a failure to safeguard account credentials.

The user acknowledges that use of the electric vehicle is undertaken at their own personal risk, and that the Company does not provide any insurance coverage to the user or to third parties in connection with use of the service, unless the Company states otherwise in writing. The user bears full responsibility for any injury, damage, loss, claim, or legal or financial liability arising from their use of the electric vehicle or from any breach of these Terms and Conditions or of applicable laws, regulations, or instructions.

The user consents to the Company's collection, processing, and use of account data, geolocation data, and electric-vehicle usage data to the extent necessary to provide, operate, and improve the service, ensure user safety, and comply with applicable regulations and instructions, in accordance with the Company's Privacy Policy.

Upon registration, the user agrees to receive notifications and communications related to the service, including promotional messages, and may unsubscribe from marketing communications at any time through the means provided by the Company.

Order Approval and Pricing

Please note that certain orders or transactions may not be approved for a variety of reasons. The Company reserves the right to reject or cancel any order or transaction at any time, at its sole discretion.

The Company may request additional information or documentation to verify a user's identity or the accuracy of submitted data prior to completing any transaction.

The Company takes care to display pricing accurately; however, unintentional errors may occur. In the event of an error in pricing or fee calculation, the Company reserves the right to correct the error or cancel the transaction and notify the user accordingly.

The Company further reserves the right to modify the prices of services, fees, subscriptions, packages, or promotional offers at any time. The price in effect at the time the service is used or the transaction is completed shall apply.

The Company has the right to reject or cancel any order, whether or not it has been confirmed and whether or not payment has been deducted, while taking appropriate steps to process the transaction as needed.

All e-wallet top-ups, subscriptions, packages, and paid services are final and non-refundable, unless the Company decides otherwise or applicable law requires otherwise.

Force Majeure

The Company shall not be liable for any delay, suspension, interruption, or inability to provide the service, in whole or in part, resulting from circumstances or events beyond its reasonable control, including but not limited to natural disasters, weather conditions, wars, civil unrest, government decisions, technical failures, or disruption of electricity, telecommunications networks, or GPS positioning systems, or any similar circumstances affecting the provision of the service.

Trademarks and Intellectual Property Rights

All intellectual property rights, whether registered or unregistered, relating to the website, the application, trademarks, logos, software, databases, text, images, videos, audio recordings, designs, or any other content, are the exclusive property of eFly or its licensors, and are protected under applicable laws and treaties.

No part of this content may be copied, reproduced, modified, distributed, published, exploited, or otherwise used by any means without the Company's prior written consent.

Arbitration

In the event of any dispute or disagreement relating to the interpretation or implementation of these Terms and Conditions, or to the use of the website, the application, or the services provided, the parties shall first seek to resolve the matter amicably.

If an amicable resolution cannot be reached, the dispute shall be referred to arbitration or to the competent judicial authority, in accordance with the laws and regulations applicable in the place where the service is provided, and the resulting decision shall be final and binding on both parties.

Penalties and Compensation

If it is established that a user has intentionally damaged the electric vehicle or any part thereof, or has done so as a result of misuse or negligence, the Company shall be entitled to impose a penalty of no less than KWD 100 (one hundred Kuwaiti Dinars), or its equivalent in local currency, while reserving the right to claim the full value of actual damages and costs where these exceed the amount of the penalty.

The user shall further bear responsibility for any fines, violations, fees, financial obligations, or claims from any competent authority arising from use of the electric vehicle in violation of applicable laws, regulations, instructions, or these Terms and Conditions.

The imposition of any penalty or compensation shall not prejudice the Company's right to pursue any other legal action or to claim additional compensation where circumstances warrant.