Terms of use

Terms of use

The policies below are applicable to the e-Enjoy, Inc. network of websites. (“e-Enjoy” or “we”, or “us” or “our” which link to these Terms of Use (“Agreement” or “Terms of Service”) (including any versions optimized for wireless or tablet viewing device); e-mail newsletters published or distributed by e-Enjoy; applications published by E-Enjoy, including the “e-Enjoy” application; or any other services, interactive features and communications made available by e-Enjoy, without in terms of how they are accessed and/or used, which are managed by e-Enjoy, made available by enjoy or produced and maintained by companies related to e-Enjoy and e-Enjoy (“Services”).

THESE TERMS OF SERVICE SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN YOU AND e-Enjoy WITH RESPECT TO THE SUBJECT MATTER HEREIN. e-Enjoy DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SERVICES, AND OPERATION OF THE SERVICES MAY BE INTERRUPTED/IMPAIRED/ BY NUMEROUS FACTORS BEYOND e-Enjoy’s CONTROL.

BY USING OUR SERVICES, YOU ACCEPT THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICES. WE RESERVE THE RIGHT TO MODIFY OR CHANGE THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES. UNLESS WE SEND YOU SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY. For certain of our services, YOU may also be required to execute the e-Enjoy Rental Agreement, Disclaimer and Release and/or Privacy Policy.

This is a legal agreement between you (“you” or “user”) and e-Enjoy that sets forth the material terms and conditions governing your use of the Services. This Agreement, together with all updates, supplements, additional terms and all e-Enjoy rules and policies collectively constitute this “Agreement” between you and e-Enjoy.

License/Permission to Access

e-Enjoy grants you a limited, revocable, non-exclusive and non-transferable license to access and use the Services or their content. This license does not include any resale or commercial use of the Services or its content; any collection and use of product advertisements, descriptions or prices; any derivative use of the Services or their content; any downloading or copying of account information for the benefit of another merchant; or any use of data collection/extraction, robots, cookies or similar data collection and extraction tools. Except as expressly permitted herein, neither the Services nor any portion of the Services may be reproduced, sold, resold, visited or otherwise exploited for any purpose without the express written consent of e-Enjoy. Any unauthorized use automatically terminates the permissions and/or licenses granted to you by e-Enjoy.

Copyright and Ownership

All content displayed or presented in connection with the Services, including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by E-Enjoy, its licensors, vendors , agents and/or its content providers. All elements of the Services, including, without limitation, the general design and content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which those Services are made available. Except as permitted by copyright law, you may not modify any Content or materials and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work comprising the Services. Except as authorized under copyright laws, you are responsible for obtaining permission before reusing any copyrighted material available on the Services. You will comply with all applicable domestic and international laws, statutes, ordinances and regulations in connection with your use of the Services. The Services, Content and all related rights shall remain the exclusive property of e-Enjoy or its licensors, vendors, agents and/or its content providers, unless otherwise agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Services.

Trademarks/No Endorsements

All trademarks, service marks and trade names of e-Enjoy used herein (including but not limited to: e-Enjoy’s name, e-Enjoy’s corporate logo, service design and any logos) (collectively “ Marks”) are trademarks or registered trademarks of e-Enjoy or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the e-Enjoy Marks in any way, including in advertising or publicity relating to the distribution of materials on the Services, without prior written consent on e-Enjoy. You will not use e-Enjoy’s name or any language, images or symbols that, in e-Enjoy’s judgment, could imply e-Enjoy’s endorsement in any (i) written or oral advertising or presentation; or (ii) brochure, newsletter, book or other written material of any nature, without e-Enjoy’s prior written consent.

Registration and account security

You understand that you will need to create an account in order to access the Services. You will: (i) provide true, accurate, current and complete information about yourself as requested by the Site to register, log in or subscribe to the Service (such information being “Registration Information”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, not current or incomplete, or if e-Enjoy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, e-Enjoy has the right, in its discretion, suspend or terminate your account and refuse any current or future use of the Services (or any part thereof) by you. You are responsible for the security and confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You will not share your account information or your username and password with any third party or allow any third party to access the Services using your account information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security relating to your account that you become aware of. You are responsible for taking precautions and ensuring security measures that are most appropriate for your situation and intended use of the Services. We have the right to provide user billing, account, content or usage records and related information under certain circumstances (in response to legal liability, legal process, orders, subpoenas or warrants or to protect our rights, customers or business).

Policy for submission of requests/applications

Where e-Enjoy has specifically invited or requested submissions or comments, e-Enjoy encourages you to submit content (eg comments on blog posts, participation in communities, tips, etc.) (“User Submissions”) to e- Enjoy that e-Enjoy has created for review in connection with the Official website of e-Enjoy, https://www.enjoyscooters.com. User Submissions remain the intellectual property of the individual user. By posting content on our site, you expressly grant e–Enjoy a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice and/or likeness contained in your User Submission, in whole or in part, and in any form worldwide, in any media or technology, whether now known or hereinafter disclosed, including all promotional, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including the unrestricted right to sublicense such rights, in perpetuity throughout the universe. All such User Submissions are considered non-confidential and e-Enjoy shall have no obligation to maintain the confidentiality of any information, in any form, contained in any User Submission.

Inappropriate User Submissions

e-Enjoy does not encourage or solicit User Submissions resulting from any activity that: (i) may create a risk to you of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement or physical or mental illness, to any other person or any living thing; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a felony, misdemeanor or civil liability for any act. You agree that you have not and will not engage in any of the foregoing activities in connection with the creation of your User Account. Without limiting the foregoing, you agree that in connection with your User Submission, you will not cause emotional distress to other people; you will not humiliate other people (publicly or otherwise); you will not attack or threaten other people; you will not enter private property without permission; you will not impersonate another person or misrepresent your affiliation, title or authority; and you will not otherwise engage in any activity that may result in injury, death, property damage, impairment; and/or liability of any kind. e-Enjoy will reject any User Submissions that e-Enjoy believes, in its sole discretion, includes any of the foregoing. If e-Enjoy is notified that a User Submission allegedly violates any provision of this Agreement, e-Enjoy reserves the right to determine, in its sole discretion, whether such a violation has occurred and to remove any such User Submission from the Services at any time and without notice.

Inappropriate material

You are prohibited from using the Services (i) to post or transmit any illegal, infringing, threatening, defamatory, false, obscene, pornographic, false or vulgar material; (ii) post or transmit any material that infringes or misappropriates the intellectual property of a third party; or (iii) in any way that may constitute or encourage conduct that would constitute a criminal offense or otherwise violate any law. You further agree that sending or posting unsolicited advertisements or “spam” on or through the Services is expressly prohibited by this Agreement. In addition to any remedies that e-Enjoy may have at law or in equity, if e-Enjoy determines, in its sole discretion, that you have violated or are likely to violate any of the foregoing prohibitions or any applicable rules or policies contained in or related to this Agreement, e-Enjoy may take any action it deems necessary to cure or prevent such violation, including, without limitation, banning use of the Services and/or immediately removing related materials from the Services at any time without prior notice. e-Enjoy will fully cooperate with any law enforcement or court order or subpoena requiring or directing us to disclose the identity of anyone posting such materials.

Access and obstacles

You agree not to use any robot, spider, scraper or other automated means to access the Services for any purpose. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in e-Enjoy’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper functioning of the e-Enjoy Site or any activities conducted on the Services; or (iii) circumvent any measures used to prevent or restrict access to the Services.

Right to remove content

Except as disclosed in our Privacy Policy, we will not monitor, edit or disclose the content of user email or user content posted on the Services unless (i) required to do so in the normal course of maintaining the Services and all related systems; (ii) is required to do so by law; or (iii) in e-Enjoy’s good faith belief that such action is necessary to: (a) comply with any law or legal process available to e-Enjoy or the Services; (b) protect and defend the rights of e-Enjoy, the property of e-Enjoy, the Services or users of the Services; or (c) acting in an emergency to protect the personal safety of our users, the Services, or the public. Users remain solely responsible for the content of their messages and e-Enjoy shall have no obligation to pre-screen such User Content; provided, however, that e-Enjoy shall have the right, in its sole discretion, to edit, refuse to post or remove any User Content submitted or posted to the Services at any time without notice. Without limiting the foregoing, e-Enjoy shall have the right to (i) remove any material it deems to be in violation of the provisions contained herein or otherwise objectionable; and (ii) deny access to the Services, or any part thereof, to any user who fails to comply with any provision of this Agreement.

User Posted Content

User Posted Content and User Submissions do not represent the views of e-Enjoy or any individual associated with e-Enjoy, and we do not control such User Posted Content or Submissions. In no event shall you represent or suggest, directly or indirectly, e-Enjoy’s endorsement of posted content and User Submissions. e-Enjoy does not guarantee the accuracy or credibility of any User-Posted Content or User Submissions posted through or on the Services, and e-Enjoy assumes no responsibility or liability for any actions you may take as a result of viewing any user posted content or user submission. Through your use of the Services, you may be exposed to Content that you may find offensive, indecent, harmful, inaccurate or deceptive. There may also be risks involved in dealing with minors, impersonators, international trade issues and foreign nationals. By using our Services and Services, you assume all associated risks.

Third Party Links

From time to time, the Services may contain links to websites that are not owned, operated or controlled by e-Enjoy or its affiliates (“Third Party Links”). All such third party links are provided solely as a convenience to you. If you use third-party links, you will leave the Services. Neither e-Enjoy nor any of e-Enjoy’s respective affiliates are responsible for any content, materials or other information located on or accessible through third-party links or other websites. Neither e-Enjoy nor any of e-Enjoy’s respective affiliates endorses, warrants or makes any representations or warranties regarding other websites, including content, materials or other information available through third-party links or on which any other website, including any harm or effect to you resulting from your use of other websites. If you choose to access any other website through third party links, you do so entirely at your own risk.

Transaction Partners

From time to time, e-Enjoy may partner with an unrelated entity to jointly promote their services within our Services. In such cases, you may communicate directly with such unrelated third party. On those pages or sites, the unrelated party’s brand will be clearly visible and its terms of use will be posted. When using such Unaffiliated Party Sites, you are bound by both the Unaffiliated Party Partner’s terms of use and the e-Enjoy Terms of Service. When there is a conflict between these Terms of Use and the terms of use of the third party, the terms of use of the third party shall prevail.

Termination

We may suspend or terminate your right to use the Services at any time, with or without reason. We may also block your access to our Services if you (i) violate these Terms of Use; (ii) we are unable to confirm or verify any information you provide to us; or (iii) we believe that your actions may cause financial loss or legal liability to e-Enjoy, you or our users.

Representations and Warranties

You represent that (i) you are over the age of 18; (ii) you have the right and authority to enter into this Agreement; (ii) you are fully capable and competent to satisfy the terms, conditions and obligations herein; and (iv) you will use the Services in full compliance with all applicable laws. You further state that you have read, understood, agree to, and will abide by the terms of this Agreement. In addition, you represent and warrant that your User Submissions, if any, and all elements thereof, are (i) owned or controlled solely and exclusively by you, have the prior written permission of the rightful owner of the content included in your User Submissions, or you otherwise have the legal right to grant e-Enjoy all rights granted by this Agreement; and (ii) E-Enjoy’s use of your User Submissions as described or contemplated herein does not and will not infringe the copyright, trademark rights, rights of publicity or other rights of any person or entity; violates any law, regulation or right of any kind; or otherwise give rise to any applicable claim or liability, including, without limitation, rights of publicity, privacy and defamation. Furthermore, you shall be solely responsible for your own User Submissions and for any consequences arising from the posting or publication of such User Submissions.

RESPONSIBILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. NEITHER e-Enjoy NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SERVICES MAY BE OUT OF DATE, AND NEITHER e-Enjoy, NOR ANY OF ITS AFFILIATES, MAKES ANY OBLIGATION OR LIABILITY TO UPDATE IT. THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES SHALL APPLY ONLY TO THE EXTENT PROHIBITED BY LAW. PLEASE CONSULT YOUR LOCAL LAWS FOR SUCH PROHIBITIONS. NO ADVICE OR INFORMATION OBTAINED FROM e-Enjoy OR THROUGH THE SERVICES, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATIONS OF LIABILITY

e-Enjoy ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DAMAGES TO OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT OR OTHER PROPERTY CAUSED BY OR RESULTING FROM YOUR ACCESS TO, USE OR EXPERIENCE USE OF THE SERVICES, OR YOUR DOWNLOAD OF ANY INFORMATION OR MATERIALS FROM THIS SERVICE. IN NO EVENT SHALL e-Enjoy, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS, PROFESSIONALS, SUCCESSORS OR ASSIGNEES, NOR ANY PARTY INVOLVED IN THE CREATION THE CITY, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING IN LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) FROM USER’S INTERRUPTION OF USE, MATERIALS, INFORMATION, OR SERVICES WITH RESPECT TO DISCLAIMER OF ANY OR ALL SERVICES, EITHER WARRANTY, CONTRACT, TORT , OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATIONS OF LIABILITY SHALL APPLY ONLY TO THE EXTENT PROHIBITED BY LAW. PLEASE CONSULT YOUR LOCAL LAWS FOR SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES; ANY MATERIALS RELATED TO THE SERVICES; OR INFORMATION CONTAINED ON THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. IN NO EVENT SHALL e-Enjoy’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE (A) NOT EXCEED THE AMOUNT OF 25 EUROS); OR (B) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

Indemnification

You agree/are held to defend, indemnify and hold harmless e-Enjoy and any related entity or individual from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with by (i) your use of the Services or your uploading or transmission of any User Submission or other content, message or information on these Services by you or your authorized users; (ii) your breach of any term of this Agreement, including without limitation, your breach of any of the representations and warranties set forth herein; (iii) your violation of any third party right, including, without limitation, any right of privacy, right of publicity or intellectual property right; (iv) your violation of any law, rule or regulation of the Republic of North Macedonia or any other country; (v) any claim or damages arising out of any User Submission you provide to e-Enjoy, including, without limitation, any claim or damages arising out of defamation or invasion of privacy claim; or (vi) any other party’s access to and use of the Services with your unique username, password or other appropriate security code.

Release

In the event you have a dispute with one or more other users of the Services, you release e-Enjoy and e-Enjoy’s officers, directors, agents, professionals, subsidiaries, joint ventures and employees from any and all claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, discovered and undiscovered, arising out of or in any way connected with such disputes.

Force majeure

Neither e-Enjoy nor you shall be liable for damages or for delay or failure of performance as a result of acts or events beyond such party’s reasonable control, including, without limitation: (i) fire, lightning, explosion, surge or failure of electricity, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; (ii) any law, order, regulation, decree or requirement of any government or legal body or any representative of any such government or legal body; (iii) labor unrest, including without limitation, strikes, slowdowns, protests or boycotts; (iv) inability to provide raw materials, transportation facilities, fuel; (v) power failure or (vi) acts or omissions of other common carriers.

Privacy

Data collection and use, including data collection and use of personally identifiable information, is governed by e-Enjoy’s Privacy Policy (available on e-Enjoy’s website) which is incorporated herein by reference and made a part of this Agreement.

The privacy policy complies with the standards for the protection of personal/private data with the laws of the Republic of North Macedonia and is regulated in accordance with the Law on the Protection of Personal Data and other regulations of the Republic of North Macedonia, and everything that is not regulated by these Terms of Use and The rental agreement will be applied and interpreted in accordance with the Law on the Protection of Personal Data. Jurisdiction for resolving disputes will take place before the competent authorities and courts in Skopje, Republic of North Macedonia.

General

Any claim in connection with the use of these Services and the materials contained therein is governed by the laws of the State of the Republic of North Macedonia. Each party consents to the jurisdiction of the courts of the state of the Republic of North Macedonia and agrees that those courts have jurisdiction over each party; the place of holding the trials must be in Skopje, Republic of North Macedonia, before the Basic Civil Court Skopje, and for criminal offenses misdemeanors and crimes before the Basic Criminal Court Skopje, or if the individual case requires it before the competent court or other competent state authorities , but always in Skopje, Republic of North Macedonia. The competent law is the Laws of the Republic of North Macedonia, regardless of the area of civil, criminal or administrative matter or procedure. The Law on Obligations, the Law on Property and Other Real Rights, the Criminal Code, the Law on Misdemeanors, as well as the laws in force at the time of using the e-Enjoy services.

The printed version of these Terms of Use will be admissible in judicial and administrative proceedings based on or related to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

DIGITAL MILLENNIUM COPYRIGHT (“DMCA”) NOTICE

In operating the Services, we may act as a “service provider” (as defined by the DMCA) and offer services as an online provider of materials and links to third-party websites. As a result, third-party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available by using the Services. e-Enjoy has established certain legally mandated procedures regarding allegations of copyright infringement occurring on the Services. e-Enjoy has adopted a policy that provides for the removal of any content or the potential suspension of any user found to (i) repeatedly infringe the rights of e-Enjoy or a third party; (ii) that otherwise violates intellectual property laws or regulations; or (ii) breached any of the terms and conditions of this Agreement. If you believe that any material available through the Services infringes your copyright, you should notify us using the DMCA’s infringement notice procedure (17 USC Sect. 512(c)(2)). We will attempt to promptly remove or disable access to any material that is claimed to be infringing, and will follow the procedures set forth in the DMCA to resolve the dispute between the reporting party and the alleged infringer who provided the Content.

Your notification should include the following information:

Identify the intellectual property that you claim has been infringed;
Identify the material on the Services that you claim is infringing, in sufficient detail for us to locate it on the Services;
A statement by you that you have a good faith belief that the use of the intellectual property is not authorized by law, the owner of the intellectual property, or an agent of that owner;
A statement by you representing under penalty of perjury that (i) the above information in your notice is accurate; and (ii) that you are the owner of the intellectual property interest involved or that you are authorized to act on behalf of the owner;
Your address, telephone number and email address;
Your physical or electronic signature.

We may notify our users of any notice of infringement through a general notice on any of our Services, electronic mail to the user’s email address in our records, or by written communication sent by first class mail to the user’s physical address in our records. If you receive such a notice of infringement, you may submit a counter-notice in writing to our email addresses available on our website that includes the following information.

To be effective, a counter-notice must be a written communication that includes the following:

Identification of the material that has been removed or to which access has been disabled and the location in which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your physical address is located or, if your physical address is outside the United States, for any judicial district in which it may be found, and that you will accept service from the person who provided notice of the allegedly infringing material or such person’s agent;
Your physical or electronic signature.

Severability

If any provision of these Terms of Use shall be or become unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of the remaining provisions contained herein .

Assignment

These Terms of Use and all rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by e-Enjoy without restriction. Any task you attempt to perform in violation of these Terms of Use will be void. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and the permitted successors and assigns of such parties.

Titles

Heading references herein are for convenience purposes only, do not form part of these Terms of Use, and shall not be deemed to limit or affect any of the provisions herein.

Waiver

A provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of e-Enjoy to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Survival

Provisions of these Terms of Use that are intended to survive the termination of these Terms of Use will by their nature survive the termination or expiration of these Terms of Use.

Additional Assistance

If you do not understand any of the above Terms of Use or if you have any questions or comments, please contact us at the website, email or phone number posted on the e-Enjoy website.

Copyright notice