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TERMS OF USE

Bike-sharing system — Municipality of Topola

For the TopolaSmart mobile application

Service Operator: Creative Sharing d.o.o. Požarevac

in cooperation with the Tourist Organization "Oplenac" Topola and the Municipality of Topola

Creative Sharing d.o.o. is a member of the Smart City Group

PART I — TERMS OF USE

1. Introductory provisions

These Terms of Use (hereinafter: the "Terms") govern the rights and obligations between the company Creative Sharing d.o.o. Požarevac, with its registered office at Danila Kiša 3, 12000 Požarevac, company registration number 21997021, Tax ID (PIB) 114265483, represented by director Ivica Janošević (hereinafter: the "Operator"), which provides the bike-sharing system in cooperation with the Tourist Organization "Oplenac" Topola and the Municipality of Topola, and any person using the TopolaSmart mobile application and the bike-sharing service (hereinafter: the "User" and the "Service").

Creative Sharing d.o.o. is a member of the Smart City Group.

The roles within the system are as follows: the owner of the bicycles and equipment is the Tourist Organization "Oplenac" Topola; the coordination of the system and registration of Users is carried out by the Tourist Organization "Oplenac" Topola; and the Operator of the system, responsible for management, maintenance, and technical support, is Creative Sharing d.o.o. Požarevac.

The Service is provided free of charge to citizens, within the system set up for the Municipality of Topola, primarily during the summer months. Use is enabled through allocated points, i.e. tickets, in the manner described in these Terms.

By downloading, installing, registering for, or using the Service, the User confirms that they have read, understood, and accepted these Terms in their entirety. If the User does not agree with the Terms, they are obliged to cease using the Service.

The Operator reserves the right to amend these Terms. The User will be notified of any amendment through the application, on the premises of the info center of the Tourist Organization "Oplenac" Topola, or by email at least 5 days before the amendments take effect. Continued use of the Service after the amendments take effect shall be deemed acceptance of the amended Terms.

2. Conditions for using the service

An account for registration and use of the system may be obtained exclusively by persons of legal age (18 years and older). Minors may not register or use the Service independently. This decision may change — when the Tourist Organization "Oplenac" Topola and the Municipality of Topola adopt a decision to amend it, all terms of use related to that decision will be adjusted accordingly.

The User is obliged to enter, i.e. provide, accurate, complete, and up-to-date information upon registration.

The bicycles in the system are electrically powered bicycles in which the drive is activated by pedaling (electric assistance during riding). The User declares that they are physically capable and qualified to safely operate an electrically powered bicycle.

Access credentials, points, and tickets are personal and non-transferable. The User is responsible for all activities carried out through their account, points, or ticket.

From the moment the bicycle is unlocked until it is properly returned to a docking station, the User is responsible for the bicycle and is obliged to use it carefully and conscientiously, as a good steward.

The User is liable for all damage that they cause through their own fault, negligence, or improper use of the bicycle, as well as for the loss, disappearance, or theft of the bicycle during the ride, and is obliged to compensate for the damage incurred in accordance with these Terms.

Bicycles are available during the period and times determined by the Operator in cooperation with the Municipality of Topola and the Tourist Organization "Oplenac" Topola; Users are informed of the availability period and operating hours in the application and on the premises of the info center of the Tourist Organization.

3. Registration and access to the service

Before their first ride, the User must visit the premises of the info center of the Tourist Organization "Oplenac" Topola (Kraljice Marije no. 4, 34310 Topola) for registration and to obtain access credentials, regardless of whether they will use the application. During registration, the necessary documentation is completed and instructions for using the system are provided.

Upon registration, the User signs a usage agreement by which they accept full material and criminal liability for the bicycle, including its damage and disappearance.

The User installs the TopolaSmart application (available for Android and iOS).

After logging in, the User receives a certain amount of points for the free-of-charge usage period through the application.

If the User uses up their points, they may top up points by visiting the premises of the info center of the Tourist Organization "Oplenac" Topola or by emailing info@topolaoplenac.org.rs.

A User who does not use the application receives a paper ticket with a barcode for renting a bicycle at the terminal (pylon).

The User is informed about the amount of points and their value in relation to usage time on the premises of the info center of the Tourist Organization "Oplenac" Topola.

4. Renting, picking up, and returning the bicycle

4.1. Renting

Via the TopolaSmart application

The User installs the TopolaSmart application and logs in to their account, and then proceeds as described below.

When the User selects the bike-sharing system icon in the application, they are shown the stations and the bicycles available at them.

By selecting an available bicycle and clicking the corresponding icon, a QR barcode is generated on the User's phone.

The QR barcode is held up to the QR reader located on the main pylon (standing terminal) of each bike station. After successful reading (check-in), the bicycle is unlocked.

At the terminal (pylon) — only for users with a paper QR ticket

This option is intended exclusively for users who use a paper QR ticket obtained at the Tourist Organization "Oplenac" Topola for renting.

The User uses the option to enter or scan the coupon from the ticket obtained at the Tourist Organization, and then selects an available bicycle (a green indicator shows that the bicycle is available).

At the pylon, an available bicycle is selected and the QR code is scanned, which unlocks the bicycle so it can be picked up.

4.2. Pick-up and start-up (electric bicycle)

Before riding, the User restarts the battery under the seat (turns it off and on again), and then, on the command module (handlebar) on the left side of the handlebar, presses and holds the ON button for about 5 seconds until the display lights up.

The level of electric assistance is selected using the + and – buttons on the display. The User adjusts the assistance level to their abilities and traffic conditions.

Before starting the ride, the User checks the general condition of the bicycle (brakes, tires, frame, lights) and does not begin riding a bicycle that is not in working order; any noticed defects are reported through the application or on the premises of the info center of the Tourist Organization.

4.3. Riding

The User operates the electrically powered bicycle under full responsibility and assumes all risks associated with its use, including the risk of theft, disappearance, or damage to the bicycle during the ride. The User undertakes to use the bicycle conscientiously, carefully, and in accordance with regulations. Under material and criminal liability, the User is liable for damage, as well as for all unlawful acts and consequences that may arise to the property of the Tourist Organization "Oplenac" Topola during the use of the Service.

Riding is permitted exclusively within the usage zone shown in the application, in accordance with the Law on Road Traffic Safety and the regulations relating to electrically powered bicycles.

The following is prohibited: riding under the influence of alcohol or other intoxicants; transporting other persons or cargo exceeding the permitted load capacity; handing the bicycle over to third parties; using the bicycle for illegal purposes; as well as any behavior that endangers safety.

The bicycle must be ridden with both hands on the handlebars. Any modifications to the bicycle, as well as the removal or replacement of its parts, are prohibited.

Riding in strong wind, storms, and conditions of reduced visibility is not permitted, nor is the transport of flammable or hazardous materials. The permitted load in the basket or on the carrier is up to 5 kg.

At night and in conditions of reduced visibility, the bicycle must have a white light on at the front and a red light at the rear, in accordance with the Law on Road Traffic Safety.

4.4. Returning

The bicycle is returned to any free (unlocked) docking station, by pushing it into the dock until it is secured.

The User is obliged to return the bicycle to its place and check that it has firmly "clicked" into the dock.

The return is registered automatically when the bicycle locks into the dock; a sound signal and the signaling on the terminal/dock confirm a successful return. The User is obliged to make sure that the bicycle has been properly returned.

5. Points, tickets, and free-of-charge use

During the summer months, the Service is provided free of charge, within the allocated points, i.e. tickets, and the Municipality of Topola reserves the right to amend this decision. No fee is charged to the User for standard use within the allocated points.

An individual ride is limited to a maximum of 90 minutes during the test period.

After the summer season, when the Municipality of Topola adopts a decision that the bike-sharing system is to be charged for, Users will be informed in a timely manner about the payment method and the terms of use.

When charging is introduced, use will, as a rule, be calculated according to usage time (e.g. per commenced minute or hour), through prepaid top-up and secure card payment. Until such a decision is made, use remains free of charge.

The User is informed about the amount of points, their value, and the duration of the free period on the premises of the info center of the Tourist Organization "Oplenac" Topola. For any questions regarding the number of points, the terms, or the duration of use, the User should contact the premises of the info center of the Tourist Organization "Oplenac" Topola (Kraljice Marije no. 4, 34310 Topola) or email info@topolaoplenac.org.rs, or the Operator at creativesharingdoo@gmail.com.

6. Liability and assumption of risk

Using an electrically powered bicycle involves certain risks. The User uses the bicycle at their own responsibility and agrees to assume the usual risks associated with riding such a bicycle.

The User is liable for damage that they cause through their own fault to the bicycle, third parties, or their property during the use of the Service, as well as for the loss or theft of the bicycle during the ride.

The Operator, the Municipality of Topola, and the Tourist Organization "Oplenac" Topola are not liable for bodily injuries to the User or third parties arising from the use of the bicycle, nor for personal belongings that the User transports on the bicycle.

By using the Service, the User accepts all risks associated with the use of the bicycle, including the risk of theft, loss, or damage to the bicycle during the ride, and in such cases is liable in accordance with these Terms.

The Operator, the Municipality of Topola, and the Tourist Organization "Oplenac" Topola are not liable for damage arising from the improper use of the bicycle, non-compliance with traffic regulations, or these Terms by the User. Their liability is limited to the extent permitted by applicable regulations.

The Operator does not guarantee the uninterrupted availability of the bicycles or the application and is not liable for damage arising from the temporary unavailability of the Service for technical or other reasons beyond its control.

7. Damage, breakdown, theft, and loss

The User reports any breakdown or damage occurring during the ride immediately through the application, on the premises of the info center of the Tourist Organization "Oplenac" Topola, or to the Operator at creativesharingdoo@gmail.com, or to the email of the Tourist Organization info@topolaoplenac.org.rs.

In the event of an accident or theft of the bicycle, the User is obliged to notify the Operator without delay and, if necessary, the competent authorities.

The costs of repair or of compensating the value of the bicycle are borne by the User if the damage arose through their fault, in accordance with the schedule of charges: EUR 2,300 including VAT.

Gross negligence is understood to mean a careless attitude toward the bicycle, intentional damage, damage arising from the User's extreme negligence, as well as improper locking or leaving of the bicycle that led to its theft. In the event of damage arising from gross negligence, the User is liable for the full damage.

If the User does not return the bicycle within 12 hours from the start of the ride and does not report an inability to return it, the bicycle may be deemed lost or stolen; the competent authorities are notified thereof, and the User is liable for the value of the bicycle in accordance with the schedule of charges.

The existence and amount of damage to the bicycle, arising from gross negligence or theft, is determined by a commission designated by the Operator.

8. Insurance

The Operator / Municipality of Topola provides insurance for Users during the use of the Service. If insurance is provided, you may be informed about the scope of coverage, exclusions, and the damage-reporting procedure at the offices of the Tourist Organization Topola. It is recommended that the User also check their own insurance.

9. Suspension and termination of use

The Operator may temporarily disable or permanently deny access to the Service in the event of a breach of these Terms, misuse of the Service, or behavior that endangers safety or property.

The User may cease using the Service at any time and request the deletion of their account, provided that there are no outstanding obligations arising from compensation for damage.

10. Intellectual property

The TopolaSmart application, its content, trademark, logo, and software are the property of the Operator, i.e. its partners or licensors, and are protected by intellectual property regulations. The User is granted a limited, non-exclusive, and non-transferable right to use the application solely for the purpose of using the Service.

11. Complaints

The User may submit a complaint on the premises of the info center of the Tourist Organization "Oplenac" Topola or to the Operator at creativesharingdoo@gmail.com, or to the email of the Tourist Organization info@topolaoplenac.org.rs. A response to the complaint is provided within the statutory period of 8 days, in accordance with the Consumer Protection Law, and the complaint is resolved within a reasonable period.

12. Governing law and dispute resolution

The law of the Republic of Serbia applies to these Terms. The parties will endeavor to resolve any disputes amicably.

If an amicable solution is not possible, the court with subject-matter and territorial jurisdiction in Aranđelovac (court unit in Topola) shall have jurisdiction. For consumer disputes, the User may also use out-of-court dispute resolution in accordance with applicable regulations.