Terms & Conditions
1. Introduction
"Aqua Moto" is an application and website offering high-quality commercial brokerage services in the shortest time possible with the utmost ease and convenience.
"Aqua Moto" specializes in providing and offering a wide variety of bikes, including street bikes, sand bikes, sand buggies, bicycles, motorcycles, water bikes, jet skis, beach buggies, boats, etc. In addition to the accessories related to these bikes such as riding clothes, helmets, and more, to app and website users. It also enables them to rent bikes and accessories at the best prices with the simplest and fastest methods.
The terms and conditions, along with the privacy policy, constitute a binding agreement between Aqua Moto Commercial brokerage LLC (CN-5535863) and any user who accesses, downloads, installs, and/or uses any or all of our services (referred to as "the user", "you", or "your"). You agree to these general terms and conditions by using our website or mobile application services (collectively referred to as "Aqua Moto Services"). You undertake to comply with all contractual requirements related to the use of Aqua Moto Services. Therefore, before accessing this website (or application) or using it, please read these terms and conditions and our privacy policy carefully. If you refuse to accept any or all of the obligations or conditions set forth in these terms of use and/or the privacy policy, please refrain from using our Aqua Moto services.
2. Amendments
The Aqua Moto application, services, terms and conditions, privacy policy, and applicable contractual conditions may be modified at any time, in whole or in part. The latest version of the contractual terms will always be available on the application and the website. Users should routinely check, read, and stay informed about the rules that apply to them, even if no formal notification of changes is provided. In the event of significant amendments, we will notify you of such changes within a reasonable time before their implementation, allowing you to cancel your account if you disagree with the modifications.
3. Aqua Moto Services
"Aqua Moto" is an online platform and application that offers a diverse range of bikes, including street bikes, sand bikes, sand buggies, bicycles, motorcycles, water bikes, beach buggies, jet skis, boats, and more beside their related accessories such as clothing, helmets, etc., for users of the app and the website. The platform acts on behalf of the stores and shops that own these bikes and accessories, enabling users to rent these bikes and accessories for transportation and leisure purposes, with the simplest method and the best offers.
4. Account Creation
To create an account and access Aqua Moto services, the user is required to provide a username, password, and a valid email address. These details will be used to identify the user. The password and email address are kept strictly confidential. The user agrees that all information provided during registration is accurate, correct, and up-to-date, and is responsible for maintaining the accuracy of the information provided. The user also agrees to update any personal information if it changes. Any breach or falsification intended to impersonate another individual may lead to permanent deletion of the account without compensation. The user is fully responsible for their username, password, and any actions taken through their account. In case of suspected unauthorized use of their credentials by a third party, the user is encouraged to change their password. The user is also obliged to immediately notify us of any unauthorized use of their account or breach of confidentiality or security. If the user forgets their password, they can click the "Forgot Password" link under the "My Account" tab on the login page to initiate a password reset process.
5. Availability
Aqua Moto has no control over the internet or mobile networks used by the application and Aqua Moto services. Aqua Moto and its subcontractors disclaim any responsibility for the unavailability of the Aqua Moto app and/or services or any issues related to downloading or accessing content, or system failures that may prevent users from using Aqua Moto's services.
6. Using the Aqua Moto Application and Services
The user undertakes not to engage in any activities that would violate public order, infringe upon our or others' rights, or otherwise breach applicable laws and regulations or accepted practices. Specifically, the user agrees to adhere to the following rules:
a) Do not use inaccurate or misleading information when creating an account or using Aqua Moto services.
b) Use Aqua Moto services fairly, in line with their intended purpose and terms of use.
c) Do not attempt to mislead Aqua Moto representatives by impersonating a natural or legal person.
d) Do not use Aqua Moto or its services for advertising purposes for personal sites or any other commercial purposes unless explicitly authorized by us.
e) Additionally, the user agrees not to harm or attempt to harm the integrity or security of the technology infrastructure on which the application and/or services operate. Therefore, the user agrees to adhere to the following rules:
§ Do not publish computer data that may disrupt the normal operation of the application or Aqua Moto services (e.g., computer robots, viruses, etc.).
§ Do not upload, display, or transmit any content containing computer viruses, mobile viruses, Trojan horses, scripts, or any programs that may harm the systems' or data’s security or confidentiality.
§ Do not collect other users' information, including email addresses, for unauthorized purposes such as sending commercial requests or combining them in a referral service.
§ In case of any breach of these terms, Aqua Moto services may be suspended or permanently banned without official notice, and the user's account may also be temporarily or permanently blocked.
7. Intellectual Property
The Aqua Moto app and services are either owned by us or licensed to us by third parties. We own all intellectual property rights related to the structure and content of the Aqua Moto app and services. Nothing in this document grants you the right to use Aqua Moto's trademarks, logos, domain names, or other distinctive marks. Any unauthorized use of Aqua Moto's app or services may result in civil and/or criminal legal actions and the requirement to pay compensation.
8. License to Use Aqua Moto Application and Services
Users may use the Aqua Moto app and services within the framework set by the general terms and conditions mentioned herein. The mobile version of our app can be downloaded from platforms such as Google Play and Apple App Store and installed on your mobile phone and/or tablet. We grant users a personal, non-exclusive, non-transferable license to use the Aqua Moto app and services. This license specifically grants the user the rights to access and use the Aqua Moto app and services solely for the purposes set forth in the terms of use and cannot be used for other purposes. Any copying, representation, adaptation, modification, translation, transformation, distribution, integration into a website, commercial or non-commercial exploitation, and/or reuse of all or part of the Aqua Moto app and/or services without explicit written permission from us is strictly prohibited. The reverse engineering, decompiling, or disassembling of the app is also strictly prohibited. Additionally, the use of any unauthorized automated or computerized tools to access, retrieve, reproduce, download, or use the Aqua Moto app and services is forbidden.
9. Suggestions and Improvements
By submitting any ideas, suggestions, documents, or feedback to us, you agree that:
(1) your comments do not contain confidential or proprietary information belonging to third parties,
(2) we are not obligated to maintain confidentiality regarding such feedback.
(3) these suggestions and feedback are free from intellectual property rights.
(4) we may already be reviewing or developing something similar to your feedback.
10. Liability
Aqua Moto's Liability:
§ We do not guarantee the accuracy or efficiency of using the Aqua Moto app and services.
§ Due to the inherent nature of the internet, we may restrict or limit access to the app and services due to events beyond our control. We also confirm that user-provided information may be corrupted or inaccessible.
§ We are not responsible for any connection failures to Aqua Moto services resulting from maintenance, updates, or modifications on the app or its services.
§ Under no circumstances can our company, its directors, employees, or agents be held responsible for damages arising from the use of the Aqua Moto app and services, especially for loss of profits or damages resulting from the loss of data due to the inability to use the app and/or services.
User’s Responsibility:
§ The user is responsible for maintaining the security and privacy of their data, as well as their devices and programs while using the Aqua Moto app and services. The user must ensure that they back up their information or content that they submit online through the Aqua Moto app and services.
§ In the event of subscribing to or contracting with any of the product or service providers through or via the brokerage of "Aqua Moto," the user undertakes to act in good faith and in accordance with legal and contractual obligations. Specifically, the user undertakes to maintain, use, and return any goods or property rented or dealt with through "Aqua Moto" in a timely manner and in good and proper condition. In the event of any breach of these obligations, the user shall bear full legal responsibility towards the service or product providers, third parties, and "Aqua Moto," and shall be obligated to compensate all parties for any material, moral, or reputational damages resulting from such breach
11. Accessing Third-Party Sites and Services
We may provide third-party content on the app or include links that direct users to third-party websites (partner sites and/or professionals). We want to inform the user that we do not control or monitor these third-party websites and are not responsible for the content or services available on these sites, nor for any security or data issues, or consequences resulting from using these sites. Users are advised to review the privacy notices of such third-party websites.
12. Privacy Policy Regarding Personal Data
By using the app and services, the user agrees to allow us to collect and use technical information about the mobile devices used for the app, software, and related peripherals, as well as the user’s geographic location, to improve our products and services offered to the user. In compliance with applicable law (including data protection laws), the user grants us the right to use any information provided or obtained in relation to this agreement or the user's use of the app or services for statistical or anonymous reports.
13. Term and Termination
The user’s account with Aqua Moto is indefinite, but they may cancel their account at any time. We may suspend or terminate your account or block your use of the Aqua Moto app and services at any time, particularly in cases of (1) breach of terms of use, or (2) termination of Aqua Moto services for any reason. We will make reasonable efforts to notify you of such actions within a reasonable time, except in cases of emergency or to prevent harm to the safety, confidentiality, or security of Aqua Moto's app or services.
14. General Provisions
Waiver: The failure of either party to exercise any right or provision of the General Terms of Use shall not be construed as a waiver of that right or provision.
Severability: If any provision of the General Terms of Use is found to be invalid or unenforceable, such provision shall be limited or removed to the extent necessary, and the remaining provisions of the General Terms of Use shall remain in full force and effect.
Entire Agreement: These General Terms of Use, together with our Privacy Policy, constitute the complete and entire agreement between you and "Aqua Moto" concerning your use of the "Aqua Moto" application and services. Previous and subsequent agreements shall remain in effect and complementary to these General Terms of Use and Privacy Policy.
We may transfer our rights and obligations under this agreement to another party. We will notify the user in writing of any such transfer and ensure that the transfer will not affect the user's rights under this agreement.
The user may not transfer their rights or obligations under this agreement to any other person without our written consent. This agreement does not grant any third party the right to enforce any provision of this agreement.
If any provision of this agreement becomes invalid or unenforceable for any reason under the law, the validity and enforceability of the remaining provisions will not be affected.
Language: In the event of any dispute regarding the interpretation of these General Terms of Use and/or the Special Terms and/or Privacy Policy, the Arabic version of the documents shall prevail.
Governing Law and Jurisdiction:
Governing Law: These General Terms of Use and Privacy Policy are governed by the laws of the United Arab Emirates.
Jurisdiction: Any claim, legal action, or dispute relating to the application and/or services of "Aqua Moto" shall be subject to the exclusive jurisdiction of the courts of the Emirate of Abu Dhabi.
