Please read these terms and conditions carefully. When signing up to use any of the services, you will be asked to review these terms and conditions. Once you proceed, you agree to be bound. If you do not agree with these terms and conditions, you must not use the services.
You also agree that using the Platform, App or Services in any country other than the place where you first registered an account on the App will be subject to the Terms of Service that apply in that other country. The Terms of Service that apply in each country where we provide the Services are available here.
1. Information about us
1.1 The Services are provided and operated by Pineapple Samoa Express Ltd (“we“, “us” or “Pineapple”). We are a privately limited company registered in Samoa.
2. These terms
2.1 These terms and conditions, including the Schedule (“Terms“) are a legally binding agreement between “you” and Pineapple.
2.2 By creating an Account with us, or by accessing and / or using the Services, you agree to be bound by these Terms, and the associated Riding Rules (see clause 5) and Privacy Policy (see clause 7). If you do not agree with any of the provisions of these Terms, or the associated policies, you must not use the Services. If you have any questions about these documents and your rights, you should seek independent legal advice.
2.3 By creating an account with us, or by accessing and/or using the services, you confirm and agree that:
2.3.1 you have read and understand these terms; and
2.3.2 you are aware that by agreeing to these terms you are waiving certain legal rights that you or your heirs, next of kin, executors, administrators, assigns and representatives may have against Pineapple.
2.4 We may amend the Terms —and associated rules, policies and supplemental terms—from time to time at our sole discretion. We will provide you with reasonable notice of any material updates to these Terms. Except in relation to changes to the Riding Rules, and subject to applicable law, you are entitled to a refund on a pro rata basis in circumstances where:
2.4 you have purchased a Pass; and
2.4.1 In Pineapple’s reasonable opinion, a change to the Terms has a major detrimental effect on you.
2.4.2 You must carefully read the Terms outlined below as they apply to your access and use of the Services.
3. Your Legal Capacity to Accept These Terms
3.1 You represent and warrant to us that you are at least 18 years old and acknowledge that any use of the Services by any minor under 18 years old is strictly prohibited, subject to clauses 3.2, 3.3 and 3.4.
3.2 Notwithstanding clause 3.1, if you are using the Services in a location where the applicable Riding Rules permit persons aged 16 years or older but under the age of majority in their state of territory of residence to use the Services, you represent and warrant to us that you are at least 16 years old and have the legal capacity to assume your obligations under these Terms, and acknowledge that any use of the Services by any person under 16 years old is strictly prohibited.
3.3 If you are 16 years or older but under the age of majority in your state or territory of residence then, in order to use the Services in a location where the applicable Riding Rules permit this:
3.3.1 you confirm that you fully comprehend the nature of the Services and the inherent risks in using the Services (see Clause 20.9.1);
3.3.2 you must have consent from your parent or legal guardian to enter into these Terms and to use the Services;
3.3.3 your parent or guardian must review these Terms, and you must obtain your parent’s or legal guardian’s acceptance of these Terms and their agreement to be your guarantor by taking responsibility for your actions, any charges associated with your use of the Services, and your acceptance of and compliance with these Terms;
3.3.4 you represent, acknowledge and agree that you are assuming the obligations in these Terms with your parent’s or legal guardian’s permission;
3.3.5 you represent and warrant that you have complied with the requirements set out in sections 3.3.1 through 3.3.4; and
3.3.6 you must not access or use, and you must immediately stop accessing and using the Services. If you do not have consent from your parent or legal guardian as set out above.
3.4 If you are a parent or legal guardian of a minor who is 16 years or older that uses (or may in future use) the Services then you hereby:
3.4.1 acknowledge and agree that you have reviewed these Terms and consent to the minor accepting these Terms, being bound by these terms, and using the Services;
3.4.2 irrevocably and unconditionally agree to be the minor’s guarantor of all obligations under the Terms at least to the extent to which the minor would be bound if they were not a minor, and be fully responsible and liable for the minor’s compliance with these Terms and the minor’s use of the Services;
3.4.3 agree to the disclaimers, waivers and limitations of liability set out in these Terms on your behalf and on the minor’s behalf; and
3.5 agree to be liable for and to fully indemnify and hold us harmless for and against any loss, damage or claims arising from or related to the minor’s use of the Services or the minor’s failure to comply with these Terms.
4. Services
4.1 The Terms govern your use of the following:
4.1.1 our websites;
4.1.2 our technology platform (the “Platform”) that enables the renting of vehicles, currently accessible via our mobile applications (“App”); and
4.1.3 electric motorised standing kick scooters and power assisted bicycles (each a “Vehicle” and collectively the “Vehicles”) rented on the Platform
(each a “Service” and collectively the “Services”).
5. Rules
5.1 In addition to these Terms, by renting Vehicles on the Platform, you also agree to abide by and be bound by the applicable Riding Rules for your relevant location (the “Riding Rules”) found here. These Riding Rules form part of these Terms. Where reasonably practicable, we will provide you with reasonable notice of any material updates to the Riding Rules, except where the update is made in order to reflect amendments to local laws and regulations (including applicable road rules) where we may not provide prior notice.
5.2 You acknowledge and agree that all terms, provisions and agreements outlined in the Riding Rules are incorporated in these Terms by reference with the same force and effect as though fully set out in this document. The Riding Rules detail a number of safety, and other, restrictions which you must comply with to safeguard yourself and others, and to ensure that you respect and comply with local laws and regulations. The App includes further rules and details of no parking zones and low speed zones which you must comply with.
5.3 You agree to regularly and diligently check the Riding Rules and any further information available on the App which relates to the safe and proper use of the Vehicles to respect local laws and regulations.
6. Rental
6.1 You represent and warrant that you:
6.1.1 are the only person that will use the Vehicle unlocked by you as an individual Account Holder or designated to you as a Group Rider on a Group Ride (see clause 12 Group Rides));
6.1.2 are reasonably competent and physically capable of using the Vehicle;
6.1.3 are capable of, and responsible for, determining whether the conditions make it safe to operate the Vehicle;
6.1.4 are capable of handling the Vehicle safely in accordance with government regulations and guidelines and any applicable road safety rules;
6.1.5 will be responsible for any tickets, citations, fines, penalties, and administrative fees incurred as a result of your use of the Vehicle; and
6.1.6 will conduct a basic safety check of the Vehicle prior to use, including a visual check, a check of the battery capacity and a check of the functionality of the brakes, and that you will not use the Vehicle if there are any noticeable issues with the Vehicle which could affect its safety.
6.2 You acknowledge that:
6.2.1 it is your responsibility to adapt your driving (by adapting, for example, your speed, riding behaviour and braking distance) taking into account external factors which lead to a greater risk to you or the Vehicle (for example, your general ability, your medical condition and weather conditions); and
6.2.2 the Vehicle’s batteries will require charging from time to time and it is your responsibility to check that the level of charge of the batteries of the Vehicle is sufficient to cater for your planned use of the Vehicle. The charge level can be found on the App and on the Vehicle.
6.3 The maximum rental period is 24 hours. You must not allow a Vehicle to be left in a ‘no parking zone’ (as indicated on the map in the App) at the end of the trip.
6.4 You must immediately notify Pineapple (and where appropriate, the police) if you:
6.4.1 become aware of any defect of a Vehicle;
6.4.2 are involved in an accident when operating the Vehicle (or aware of any damage or injury that arises through use of the Vehicle); and
6.4.3 are aware that a Vehicle is stolen, and in these circumstances, you must contact us at admin@pineappleexpress.ws or via the App, and in all the circumstances the provisions of clause 20.7 shall apply.
7. Privacy
7.1 We collect personal information about you in order to activate and register an Account, in order to provide you with the Services and for the purposes set out in our Privacy Policy (the “Privacy Policy“).
7.2 We may disclose that information to third parties that help us deliver the Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Samoa in accordance with our Privacy Policy.
7.3 Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding your handling of your personal information; and (iii) how we will handle any complaint. If you would like any further contact information about our privacy policies or practices, please contact us at one of the contact methods specified in the Privacy Policy.
7.4 By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and in these Terms.
7.5 As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications may be sent within the App or via text (SMS) messages. These communications are considered part of the Services and you consent to us sending them to you, so far as the communications are required for the use of the Services.
7.6 Further details of our processing activities are detailed in our Cookie Policy found here.
8. Changes to the services
8.1 The form and nature of the Services may change from time to time. We will provide reasonable notice to you regarding any material change in the form and nature of the Services. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and in some circumstances, we may not be able to provide you with prior notice.
8.2 We also retain the right to create limits on use of the Services at our sole discretion at any time. We will provide reasonable notice to you regarding any material limitations placed on the use of the Services, except where the limitation is necessary in Pineapple’s reasonable opinion to protect the safety of any person or is imposed in order to reflect amendments to local laws or regulations (including applicable road rules) where we may not provide prior notice. We may suspend our vehicle rental program at any time at our sole discretion. We may suspend operations in any of our cities or markets at our sole discretion without prior notice to you. Except in relation to changes to the Riding Rules or limitations imposed to reflect amendments to local laws or regulations, you are entitled to a refund on a pro rata basis in circumstances where:
8.2.1 you have purchased a Pass; and
8.2.2 in Pineapple’s reasonable opinion, a limitation placed on the use of the Services has a major detrimental effect on you.
8.3 You may be entitled to a refund of any fees for unused rental periods:
8.3.1 in accordance with any applicable laws, including any applicable statutory consumer guarantees, contained in the Samoan Consumer Law;
8.3.2 where Pineapple’s rental service is suspended for a period of more than 15 days; or
8.3.3 in the case of a Pass, where:
a) you have not been able to use the Services due to our suspension or ceasing to provide the Services (except in certain force majeure events); or
b) the Services are generally unavailable.
8.4 These Terms and the provision of the Services are contingent on government and regulatory approvals which can be withdrawn or suspended at any time. You agree to comply with all local authority, regional authority and government requirements and acknowledge that your failure to do so can cause loss to us. You further acknowledge that these Terms may be altered in response to local authority, regional authority and/or government requirements at any time. In the event permission and consent of the Services is withdrawn or suspended by local authority, regional authority or government you agree to comply with our reasonable requirements to ensure compliance with the requirements of local authority, regional authority and government requirements, and agree to provide all reasonable cooperation to us to ensure that we are able to comply with the same requirements.
9. Accessing the services
9.1 Access to our Services is permitted on a temporary basis. In particular, the maximum rental period for a Vehicle is 24 hours.
9.2 You are responsible for making all arrangements necessary for you to have access to our Services, including ensuring that you have an appropriate driving licence and /or helmet if required by applicable laws or regulations.
9.4 Unless otherwise agreed by Pineapple in writing, the Services are made available solely for your personal, non-commercial use.
10 . Your account and password
10.1 To use certain Services, you may be required to download the Pineapple App and create an account (an “Account”). You are responsible for safeguarding the password for your Account and for any activities or actions on your Account. We encourage you to use strong passwords with your Account. You must treat such information as confidential. You must not disclose it to any third party. Pineapple cannot and will not be liable for any loss or damage arising from your failure to abide by the above and your failure to safeguard your Account, passwords, and other sensitive information.
10.2 We have the right to disable any password, whether chosen by you or allocated by us, or to suspend or terminate any account at any time without liability, and without prejudice to our other rights and remedies under these Terms or at all law if:
10.2.1 in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Riding Rules (see Clause 5); or
10.2.2 we suspect or discover wrongful or fraudulent use of an Account.
10.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us via our customer service channels.
10.4 You are obliged, as a condition of using the Vehicle, to provide accurate, complete, and up to date information (including personal identification) for your Account.
10.5 You must not create multiple accounts unless otherwise agreed by Pineapple in writing. Creating multiple accounts is a misuse of the Services.
11. Your licence to use the platform
11.1 Pineapple grants you a revocable personal, royalty-free, non-assignable, and non-exclusive licence to use the Platform and associated Apps. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Pineapple in the manner permitted by these Terms.
11.2 You agree that the Services (including, but not limited to, the Vehicles) at all times remain the exclusive property of Pineapple.
12. Group rides
12.1 If, as the holder of an account on our Platform or App (“Account Holder”), you initiate a group ride on our Platform using our App (a “Group Ride”), you:
12.1.1 accept the appointment made in paragraph 12.2.1 and agree that you act as agent for each other rider on the Group Ride (each a “Group Rider”) in their acceptance of these Terms, the Riding Rules and our Privacy Policy for the purpose of their use of the Services on the Group Ride;
12.1.2 represent and warrant that, in the process of initiating the Group Ride, each Group Rider enters their own correct name and other details via our App as requested and the individuals have personally accepted and agreed to these Terms, the Riding Rules and our Privacy Policy;
12.1.3 to the extent permitted by law, accept and agree that you are liable for any loss, damage or claims arising from or related to the Group Ride (whether caused by you or a Group Rider), except to the extent the loss, damage or claim is caused by Pineapple’s negligence, wilful misconduct or fraud;
12.1.4 accept and agree to pay all costs, charges or fees for the use of the Services by you and each Group Rider on the Group Ride and that these amounts will be charged to your account for payment as specified in clause 12;
12.1.5 represent and warrant that all riders in the Group Ride (including you and each Group Rider) are at least 18 years or older; and
12.1.6 represent and warrant that:
a) only riders identified as a Group Rider and that have accepted these Terms, the Riding Rules and the Privacy Policy via our App will ride a Vehicle on the Group Ride; and
b) there is no more than one rider per Vehicle for the duration of the Group Ride.
c) confirm that all acknowledgements and agreements made under clause 3.4 apply to any Group Rider that is a minor.
12.2 If you access the Services as a Group Rider on a Group Ride initiated by an Account Holder, you:
12.2.1 irrevocably appoint the Account Holder as your agent to accept on your behalf these Terms, the Riding Rules and our Privacy Policy and in respect of your use of the Services for the Group Ride;
12.2.2 agree and acknowledge that, notwithstanding the appointment in paragraph 11.2.1, you expressly agree to be bound by, and comply with, these Terms, the Riding Rules and our Privacy Policy;
12.2.3 accept and agree that you are liable for any loss, damage or claims arising from or related to your use of the Services on the Group Ride, except to the extent the loss, damage or claim is caused by Pineapple’s negligence, wilful misconduct or fraud.
13. Payment
13.1 You understand that use of the Services will result in charges as detailed in the App and on the Pineapple website to you for the Services you receive (“Charges”). After you have received the benefit of Services, Pineapple will facilitate your payment of the applicable Charges based on the pricing model notified to you on the App (e.g. how many minutes you use together with any unlock fee; or the rate applicable for a Pass in which case see clause 15 below).
13.2 Charges will be inclusive of applicable taxes where required by law at the prevailing rate from time to time. Charges for passes are due immediately on purchasing a Pass, charges will otherwise be collected depending on the number of minutes that you use the Device for and payment will be deducted from your stored value balance or debited from your payment card. You must input valid payment method details such as Google Pay, Apple Pay, PayPal eWallet, credit or debit card (including valid expiration date) as a prerequisite to using the Services (each a “Payment Method”). You confirm that you are authorised to use any Payment Methods you provide the details of and authorise us to charge the Payment Method for all fees incurred by you in line with the agreed Charges. You agree to immediately inform us of all changes relating to your card.
13.3 Security Deposit: We may require a security deposit for use of the Services which will be indicated to you in the App.
13.4 Temporary Hold: We may put a temporary hold for a specified amount on your Payment Method before you begin a trip to verify your Payment Method has the necessary funds to cover the charges incurred for that trip.
13.5 Usage Fees: You may use the Vehicles on a per trip basis or as otherwise in accordance with the pricing described in the App. We will charge your agreed payment methods the amount of the fees as agreed by you on the App when you book to start riding.
13.6 Administration Fee: You may be charged the following fees in the circumstances specified below.
13.6.1 Helmet replacement fee: If you do not return the supplied helmet at the end of your ride, you may be charged a fee of up to $30.
13.6.2 Unauthorised parking fee: For example, if you leave a Vehicle in an area designated in the App as a no parking zone, or leave a Vehicle outside the permitted service zone at the end of your ride, you may be charged a fee of up to $50.
13.6.3 Unauthorised riding fee: For example, if you ride a Vehicle in an area designated in the App as a no riding zone, you may be charged a fee of up to $50.
13.7 Account in debit: In addition to any amounts due, if your account is in debit for any reason, you may be charged fees that are incidental to our collection of these debit amounts. Such fees or charges may include collection fees, interest (calculated at 4% per annum) or other third-party charges.
13.8 Dispute: If you dispute any charge to your Payment Method, then you must promptly contact us within one month from the end of the month with the disputed charge and provide to us all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.
14. Promotional codes
14.1 Pineapple may, at Pineapple’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Pineapple establishes on a per promotional code basis (“Promo Codes”).
14.2 You agree that Promo Codes:
14.2.1 must be used for the intended audience and purpose, and in a lawful manner;
14.2.2 may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Pineapple;
14.2.3 may be disabled by us at any time for any reason at our sole discretion, without liability to you;
14.2.4 may only be used pursuant to the specific terms that Pineapple establishes for such Promo Code;
14.2.5 have no cash value, and are not exchangeable for cash or vouchers or monetary benefit; and
14.2.6 may expire prior to your use in accordance with any terms of the Promo Code (e.g. expiration date).
14.3 Pineapple reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Pineapple determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
15. Neighbourhood Connect
15.1 From time to time:
15.1.1 certain Passes may be made available through external channels (other than via the App) for purchase by you from a third party reseller (“Reseller”); or
15.1.2 products or services of a third party supplier (“Supplier”) may be offered on the App for purchase from the Supplier
Pineapple is not in any way connected, affiliated, or associated with, nor does Pineapple in any way endorse or make any representation whatsoever in respect of any Reseller or any Supplier (or any of its products or services).
15.3 When you purchase a Pass from a Reseller, you agree and acknowledge that:
15.3.1 the information you provide the Reseller to purchase a Pass must be true, accurate and complete and relate to you or a person who authorises you to act as their agent for the purchase;
15.3.2 the purchase is for your own Account or for a person who authorises you to act as their agent for the purchase and will access the Pass using their own Account;
15.3.3 you have read, understood and accept the terms and conditions and any other information provided in the description of the Pass you purchased from the Reseller; and
15.4 When you purchase goods or services offered by a Supplier and accessed by you via the App, you agree and acknowledge that:
15.4.1 the information you provide for the purchase must be true, accurate and relate to you;
15.4.2 the purchase is made only for you or any person who has authorised you to act as their agent for the purchase;
15.4.3 you have read, understood and accept the Supplier’s terms and conditions for the purchase and any other information in the description of the product or service presented via the App;
15.4.4 while accessing or participating in the products or services purchased by you from the Supplier, accidents, personal injury, death and other harm can happen, including aggravation of existing health conditions, and you have been warned about these possibilities, and that (subject to the Samoan Consumer Law) you assume all risk in relation to your access or participation in the products or services and this clause 14.4 will constitute a “risk warning” for the purposes of any applicable laws, including the laws set out in the Schedule, and may operate to exclude or limit any rights you might otherwise have against Pineapple in relation to your purchase.
15.5 Other than as stated in these Terms, Pineapple makes no express or implied representation or warranty, including for or on behalf of or in relation to any Supplier, or Reseller with respect to the products and services of the Reseller or Suppler (including, without limitation, warranties of satisfactory quality or fitness for a particular purpose, non-infringement, or any implied warranties arising out of the course of performance) and you warrant that you are not relying on any guarantee, representation or warranty from Pineapple.
15.6 At all times and to the maximum extent permitted by law, you indemnify and hold Pineapple harmless against any action, notice, demand, suit, damage, debt, account, expense, cost, lien, loss, liability, proceeding, litigation (including legal costs and disbursements on a solicitor and own client basis), chose in action, investigation, verdict or judgment of whatever nature against Pineapple relating to or in connection with:
15.6.1 the purchase of, or any accessing of or participation in, products or services from a Supplier via the App or Other platform;
15.6.2 the development, operation, maintenance and contents of the Reseller’s website or platform, if any;
15.6.3 the use of any intellectual property or other information belonging to or provided by the Reseller or Supplier; and
15.6.4 any claim, product, service, activities, operation, act or omission of the Reseller or Supplier.
16. Passes
16.1 You may purchase a:
16.1.1 1-day pass;
16.1.2 3-day pass;
16.1.3 weekly pass;
16.1.4 monthly pass; and/or
16.1.4 such other pass as may be offered on our website, App or by a Reseller from time to time (each a “Pass”), at the price indicated on our website, the App or by a Reseller.
16.2 A Pass allows you to have as many rides as you want during the period of the Pass, subject to any daily (or other) limit on the number of aggregate rental minutes detailed under the specific terms of the relevant Pass or on our website, App or by a Reseller. A Pass may only be used to pay for rides taken within the same country in which the Pass was originally purchased. Once activated, Passes are only refundable in accordance with these Terms, including clause 7.3, or any applicable law (including the Samoan Consumer Law). Further applicable terms may be made available to you at the time you purchase a Pass. By purchasing and using the Pass you agree and acknowledge that you have read and agree to those further terms.
16.3 At the time of purchasing a Pass on the App you may select whether or not the Pass you purchase will auto-renew at the end of its term by so indicating on the Passes page of the App. If you make this selection the Pass will automatically renew upon expiry and you will be automatically charged the full amount of the renewed Pass at that time, unless you change this selection before that occurs. You may change your auto-renew selection at any time on the Passes page of the App.
17. Insurance and loss
NOTE: Please refer to section 4 of the Riding Rules for information on WHAT TO DO IF THERE IS AN ACCIDENT.
17.1 Your safety and peace of mind is important to us, however any insurance held by Pineapple may not necessarily cover you for any injury, harm, damage or loss you may suffer in the event of an accident (or otherwise related to your use of the Services) and you should give consideration to obtaining your own insurance.
17.2 You may invalidate any relevant insurance if you fail to comply with these Terms or the Riding Rules and you may be liable for any costs that flow from that. This may apply in particular (but without limitation) if you ride:
17.2.1 without any necessary driving or other licence (where applicable);
17.2.2 when under the age of 18;
17.2.3 while under the influence of alcohol or other drugs;
17.2.4 without a helmet;
17.2.5 with deliberate recklessness;
17.2.6 with a passenger;
17.2.7 the Vehicle for commercial use; or
17.2.8 a Vehicle not under your own account.
17.3 You acknowledge that any use of the Services that is in breach of these Terms or is otherwise in breach of any local authority, regional authority or government rules may void all insurance, accident or liability coverages (to the extent permitted by law) and you acknowledge and agree that you may be responsible for all loss or damage to, or connected with, your use of the Service, to the extent that such loss or damage is connected to such prohibited use.
18. Damaged, lost, or stolen vehicles
18.1 Pineapple reserves the right to take all necessary actions available to it at law if, in our reasonable opinion, a Vehicle rented by you is determined to have been damaged (fair wear and tear excepted), lost or stolen, including but not limited to:
18.1.1 making a police report against you;
18.1.2 charging your payment method on file; and/or
18.1.3 commencing recovery actions and proceedings against you.
18.2 In each case described above, we may hold you liable for: (a) our reasonable costs to repair a Vehicle damaged by you to the standard of the Vehicle pre-rental; and/or (b) the full replacement cost of the Vehicle and/or any helmet provided to you to be used with the Vehicle, including (i) outstanding usage charges, (ii) charges and expenses incurred by Pineapple in its recovery attempts, and (iii) any other reasonable costs incurred by Pineapple in dealing with a lost or stolen Vehicle. This clause 17.2 does not apply to the extent any costs resulted from Pineapple’s negligence, wilful misconduct or fraud.
18.3 If a Vehicle is determined to have been damaged, lost or stolen while in your possession, Pineapple reserves the right to suspend or terminate your access to the Services. This extends to all Accounts that we reasonably suspect to be associated with the offending Account.
19. Our intellectual property rights
19.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio, and software) made available through the Services (the “Content“).
19.2 Your use of the Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Content. However, we do grant you a limited licence to access the Services on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and / or our third party licensors.
19.3 You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the Content, or create derivative works with respect thereto, except with the prior written consent of Pineapple or unless expressly permitted in these Terms.
19.4 You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, know how, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.
20. Limited liability and warranty; assumption of risk and waiver
THIS CLAUSE 20 CONTAINS IMPORTANT LIMITATIONS ON AND EXCLUSIONS, WAIVERS AND RELEASES OF OUR LIABILITY TO YOU (INCLUDING IN RELATION TO OUR NEGLIGENCE), AND YOUR ASSUMPTION OF RISK AND LIABILITY. PLEASE REVIEW IT CAREFULLY.
20.1 This clause limits the liability of Pineapple and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, partners, representatives and licensors (collectively the “Pineapple Entities“).
20.2 Nothing in these Terms will, or is intended to, disclaim, exclude, prevent or limit the application of the Samoan Consumer Law (the “Samoan Consumer Law“), including any applicable statutory consumer guarantees, contained in the Samoan Consumer Law. Any disclaimer of representations or warranties, release or limitation of liability to you shall only apply to and be enforceable under these Terms to the extent permitted by law, including the Samoan Consumer Law, if applicable.
20.3 We use reasonable endeavours to ensure that the Platform is free of viruses or other harmful components but cannot guarantee that the Platform will be free from unknown viruses and other harmful components.
20.4 Subject to the Samoan Consumer Law, we shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other platforms or technology outside the reasonable control of Pineapple. In such cases, you may be entitled to a refund in accordance with clause 8.3.
20.5 Subject to the Samoan Consumer Law, we shall not be liable to you if for any reason our Services are unavailable at any time or for any period if there are no Vehicles available because they are all rented out, or if is necessary to ensure your safety or the safety of the Vehicles, for example but not limited to if there is a demonstration causing traffic problems or if there are bad weather conditions. In such cases, you may be entitled to a refund in accordance with clause 8.3.
20.6 We make no statement, representation or claims that your use of the Services or the Platform will comply with any laws.
20.7 To the fullest extent permitted by law, including the Samoan Consumer Law, you release us from any action, proceeding, claim (including claims under statute that can be waived by you and negligence claims), demand or liability arising out of, or in any way related to, your use of the Vehicles and Services.
20.8 To the extent that you acquire the Services for commercial use, Pineapple’s liability to you in respect of a breach of any applicable consumer guarantees under the Samoan Consumer Law is limited to the resupply of the services or the cost of resupplying the services (at the option of Pineapple).
20.9 You acknowledge that:
20.9.1 while operating the Vehicles, accidents, personal injury, death and other harm can happen, including as a result of falling, collisions, encountering hidden obstacles and varying terrain and aggravation of existing health conditions;
20.9.2 you have been warned about these possibilities, and that (subject to these Terms and the Samoan Consumer Law) you assume all risk in relation to the operation of the Vehicles and your use of it; and
20.9.3 this clause 20.9 will constitute a “risk warning” for the purposes of any applicable laws, including the laws set out in the Schedule, and may operate to exclude or limit any rights you might otherwise have against Pineapple in relation to the supply of the Services.
20.10 To the extent that the Services are a “recreational service”, “recreation service” or “recreational activity”
20.11 To the extent permitted by law (including the Samoan Consumer Law if applicable):
20.11.1 in no event will the aggregate liability of the Pineapple Entities for any claim, loss, damage, liability, cost, charge or expense (including expenses on a full indemnity basis), however, and whether present or future, fixed or ascertained, actual or contingent, exceed an amount equivalent to the lesser of any fees paid by you to us, or $100, regardless of the cause or form of action; and
20.11.2 unless specified otherwise in these Terms, under no circumstances will the Pineapple Entities be liable for any direct, indirect, incidental, special, punitive, or consequential loss or damages, including any loss of business or profit, loss of data, personal injury or property damage, arising out of any use, or inability to use, the Vehicles and/or Services or any information presented on the Services, even if any of the Pineapple Entities have been advised of the possibility of such loss or damages. The Pineapple Entities will not be liable for delay or failure in performance resulting from causes beyond our reasonable control. This clause 20.11.2 does not apply to the extent the loss, damage or claim is caused by Pineapple’s negligence, wilful misconduct or fraud.
20.12 You will exercise and rely solely on your own skill and judgment in use of the Vehicles and/or Services and in your use and interpretation of any information provided to you by virtue of your use of the Services, unless we agree in writing that any prior representation or agreement form part of these Terms. You are responsible to ensure that your use of the Vehicles, Services and any information presented on the Services complies with all applicable legal requirements.
20.13 We recommend that you contact our customer services channels in the event that you are not satisfied with your use of the Vehicles and / or the Services or if you do not receive a response within a reasonable timeframe to your request. Subject to the Samoan Consumer Law, no lack of response to such contact will be deemed to constitute a waiver our rights.
21. Indemnification
21.1 To the fullest extent permitted by law, you shall defend, indemnify and hold harmless the Pineapple Entities from and against:
21.1.1 any tickets, citations, fines, penalties, and administrative fees, incurred as a result of your use of the Vehicles or when riding a Vehicle or otherwise; and
21.1.2 all liabilities, costs, expenses, damages, and losses of any kind or nature arising suffered or incurred by the Pineapple Entities arising from and against:
a) your negligence or wilful misconduct;
b) your breach of these Terms; and
c) any claim made against the Pineapple Entities for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Vehicles and/or Services,
except to the extent any liability, cost, expense, damage or loss was caused by Pineapple’s negligence, wilful misconduct or fraud.
21.2 We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations will be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
21.3 To the fullest extent permitted by law, you release Vaimauga West and Faleata East (as applicable) from all claims, actions, damages, liabilities, losses, costs and expenses whatsoever as may be suffered by you arising from or related to your use of the Services within the applicable city area.
21.4 This clause 21 will survive termination of the Terms.
22. Use of the services
22.1 We reserve the right at all times (but will not have an obligation) to refuse to provide the Services, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you.
22.2 To the extent permitted by law, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
22.2.1 satisfy any applicable law, regulation, legal process, or governmental request;
22.2.2 enforce the Terms, including investigation of potential violations hereof;
22.2.3 detect, prevent, or otherwise address fraud, security, or technical issues;
22.2.4 respond to user support requests; or
22.2.5 protect the rights, property, or safety of Pineapple, its users, and the public.
22.3 You are responsible for configuring your information technology, computer programmes, and platform in order to access the Platform. You should use your own virus protection software.
22.4 You may not do any of the following while accessing or using the Services:
22.4.1 access, tamper with, or use non-public areas of the Services, Pineapple’s computer systems, or the technical delivery systems of Pineapple’s providers;
22.4.2 probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
22.4.3 access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);
22.4.4 forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
22.4.5 interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; or
22.4.6 publish or post any material that is offensive to a reasonable person or in breach of any applicable laws.
22.5 To the extent permitted by law, we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
23. Linking to us
Subject to us providing our prior written consent, you may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
24. Third-party links and resources
24.1 The links from the Services may take you to other sites or services and you acknowledge and agree that Pineapple has no responsibility for the accuracy or availability of any information provided by third parties’ services and websites.
24.2 The Services may include advertisements, which may be targeted to information on the Services, queries made through the Services, or other information. The types and extent of advertising by Pineapple on the Services are set out in the Privacy Policy and are subject to change. In consideration for us granting you access to and use of the Services, you agree that Pineapple and its third-party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services in accordance with applicable laws and our Privacy Policy.
24.3 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising, or other materials made available by such third parties and your access to such websites and services will be subject to their terms and conditions. Pineapple has no responsibility for the accuracy of any information made available through such websites or services.
25. Severance
The illegality, invalidity, or unenforceability
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