Date of Last Revision: August 4, 2024
The Scaletra websites, related mobile applications and services (collectively, the “Services”) are made available to you by Scaletra Adventure Limited with its address at 30 Tsiu Keng Pang Uk, Sheung Shui, Hong Kong, subject to these Terms of Service (the “Terms”) and in accordance with the Scaletra Privacy Policy (the “Privacy Policy”). More information about the Services may be found at https://www.scaletra.com. You agree to comply with these Terms and any supplemental terms which Scaletra makes available to you on the Services which shall form part of the Terms. Scaletra reserves the right to review accounts and user actions on the Services to ensure compliance with our Terms. BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, OR BY INDICATING YOUR ASSENT TO THESE TERMS BY CREATING AN ACCOUNT, CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls. If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you. The Scaletra Services cannot be provided and the agreement described in these Terms of Service cannot be performed without Scaletra processing data about you, and other Scaletra users, including your location data. Processing of the data you share with Scaletra, including location data, is essential to the Services we provide and a necessary part of our performance of the agreement we have with you.
The Services are intended solely for persons who are 13 years old or such higher age required in
your
country to use the Services. If you are under the legal age to form a binding contract in your
jurisdiction,
you represent that your parent or legal guardian has reviewed and agreed to these Terms on your
behalf.
To use the Services, you must register. In doing so, you agree to: (a) provide true, accurate,
current and
complete information about yourself (“User Data”) and (b) maintain and promptly update the User
Data. You
agree that Scaletra may use your Driver Data to provide Services that you access or use and as
otherwise set
forth in these Terms and our Privacy Policy. You also agree to create only one account for your
own personal
use and not share your account with others. If you provide any User Data that is inaccurate or
not current
or that you have created multiple accounts, Scaletra has reasonable grounds to suspect that such
Driver Data
is inaccurate or not current. Scaletra has the right to suspend or terminate your account and
refuse current
or future use of the Services. In consideration of your use of the Services, you represent that
you are not
a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with
your account
and for restricting access to your password, your computer and mobile device while logged into
the Services.
You accept responsibility for all activities that occur under your account or from your computer
and mobile
devices. We endeavor to use reasonable security measures to protect against unauthorized access
to your
account. We cannot, however, guarantee absolute security of your account, your Content (as
defined below),
or the personal information you provide, and we cannot promise that our security measures will
prevent
unauthorized third parties from illegally accessing the Services or its contents. You agree to
immediately
notify Scaletra of any unauthorized use of your account or password or any other breach of
security and
confirm that you understand all risks of unauthorized access to User Data and any other
information or
content you provide to Scaletra. The use of unique and complex passwords is highly recommended
for security
reasons.
You may register for or log in to your account via a third-party network, such as Facebook or
Google. If you
do so, you hereby authorize Scaletra to pre-populate the registration and other relevant
information fields
of your account and/or to use such third-party credentials to log you into your account. If you
connect your
account to a third-party network, you agree to comply with the terms and conditions and policies
applicable
to such third parties.
By virtue of certain Services connecting to the Mapbox API, you hereby agree to be bound by the
Mapbox Terms
of Service (including the Mapbox Privacy Policy) in connection with your use of such Services.
You own the information, data, text, software, sound, photographs, graphics, video, messages, posts,
tags,
or other materials you make available in connection with the Services (“Content”), whether publicly
posted
or privately transmitted. Public segments and routes created by using the Services are not
considered
Content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license
to
use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly
perform,
and display any Content and any name, username, or likeness that you post on or in connection with
the
Services in all media formats and channels now known or later developed without compensation to you.
This
license ends when you delete your Content or your account.
You understand that you, and not Scaletra, are entirely responsible for all Content that you upload,
post,
email, transmit or otherwise make available via the Services. Scaletra does not routinely screen or
monitor
the Content posted to the Services by others and, as such, does not guarantee the accuracy,
integrity or
quality of such Content. Scaletra may, in its sole discretion, screen, monitor, hide, refuse or
remove
any
Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand
that by
using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.
Under
no
circumstances will Scaletra be liable in any way for any Content, including, but not limited to, any
errors
or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any
Content
made available on the Services. You agree to bear all risks associated with the use of any Content
available
in connection with the Services, including any reliance on the accuracy, completeness, or usefulness
of
such
Content.
You agree that Scaletra is not responsible for and does not endorse Content posted on the Services.
If
your
Content violates these Terms, you may bear legal responsibility for that Content. As between you and
Scaletra, any Content will be non-confidential and non-proprietary and we will not be liable for any
use
or
disclosure of Content. You acknowledge and agree that your relationship with Scaletra is not a
confidential,
fiduciary, or other type of special relationship and that your decision to submit any Content does
not
place
Scaletra in a position that is any different from the position held by members of the general
public,
including with regard to your Content. Your Content will not be subject to any obligation of
confidence
on
the part of Scaletra other than as set forth in our Privacy Policy and your privacy controls, and
Scaletra
will not be liable for any use or disclosure of any Content you provide.
The Services may provide you with the ability to mark certain Content that you submit to the
Services as
private, public, or available only to select users of the Services. Scaletra will maintain the
privacy
of
such Content in accordance with your elections. However, if you do not elect to mark your Content as
private
or available for a limited group of drivers or later change such designation to allow such Content
to be
made available to anyone, you are responsible for the public nature of the content.
You are granted a limited, non-exclusive right to link the Services for non-commercial use only,
provided
such linking does not portray Scaletra or any of its products or services in a false, misleading,
derogatory, or otherwise defamatory manner and provided further that the linking site does not
contain
any
pornographic, illegal, offensive, harassing or otherwise objectionable material. We reserve the
right to
revoke these licenses generally or your right to use specific links at any time, with or without
cause.
You understand that using certain Services features may require you to purchase third party
equipment or
materials (e.g., GPS systems). While Scaletra may recommend the equipment or materials of certain
third
party suppliers, Scaletra shall have no responsibility for your acquisition or use of any third
party
equipment or materials and does not guarantee that third party equipment or materials will function
with
the
Services or will be error-free.
You understand that you are responsible for any charges associated with sending communications via
your
device. You hereby acknowledge that you have the right to communicate with your contacts via the
Services.
You represent and warrant that: (i) you are authorized to create your account, whether individually
or
on
behalf of an organization; (ii) you own the Content posted by you on or through the Services or
otherwise
have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use
of
your
Content on or through the Services does not and will not violate, misappropriate or infringe on the
rights
of any third party, including, without limitation, privacy and data protection rights, publicity
rights,
copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all
royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
Scaletra's Acceptable Use Policies describe restrictions on content and conduct and are incorporated
by
reference into these terms. You agree to comply with those policies.
Interactions with Drivers
The Services function as a venue to connect drivers in a virtual information place. As a neutral
facilitator, Scaletra is not directly involved in the actual interactions between drivers using the
Services. As a result, Scaletra has no control over the truth, accuracy, quality, legality, or
safety of
postings made by drivers using the Services. Scaletra shall have no responsibility to confirm the
identity
of drivers. Scaletra shall also have no obligation to confirm or verify the qualifications,
background,
or
abilities of drivers using the Services. You shall at all times exercise common sense and good
judgment
when
dealing with any drivers using the Services.
Third-party products and services available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such a third party and not with Scaletra. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT SCALETRA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES. Scaletra or third parties may provide links to other internet sites or resources through the Services. Scaletra does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that Scaletra is not responsible for the availability of such external sites or resources.
You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, except as expressly permitted by applicable law or authorized by Scaletra or applicable third-party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part. Scaletra grants you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive right and license to access and use the Services, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law. You agree not to access the Services by any means other than through the interfaces provided by Scaletra.
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Scaletra a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform, and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Scaletra any Feedback that you do not wish to license to us as set forth above.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED
TO
YOU
“AS IS'' AND WITHOUT WARRANTY. SCALETRA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS,
PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE,
PRODUCTS,
SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SCALETRA AND ITS
SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE
SERVICE
WILL
MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED,
TIMELY,
SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE
OR
RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED
BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE
CORRECTED.
YOU EXPRESSLY AGREE THAT SCALETRA IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT
PROVIDED
THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO
AND
AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD
PARTIES
IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER
MEDICAL
PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS,
OR
(c)
INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH-RELATED
QUESTIONS,
PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN
EMERGENCY,
CALL
YOUR PHYSICIAN IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL
ADVICE
BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT
ON
THE
SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT,
IN
WHOLE
OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A
DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND
SCALETRA.
YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF
PROPERTY
DAMAGE, BODILY INJURY, OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS
ASSOCIATED
WITH
THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF SCALETRA
OR BY
THE
ACTION, INACTION OR NEGLIGENCE OF OTHERS.
YOU EXPRESSLY AGREE THAT SCALETRA DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION,
PREPARATION, OR CONDUCT OF ANY RACE, CONTEST, CHALLENGE, OR GROUP ACTIVITY THAT UTILIZES THE
SERVICES,
INCLUDING ANY THAT ARE ORGANIZED BY A CLUB ADMINISTRATOR.
YOU EXPRESSLY AGREE TO RELEASE SCALETRA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
REPRESENTATIVES,
EMPLOYEES, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION
WITH
YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE SCALETRA WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES
OR
PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR
LOSSES
ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO
YOU OR
ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING
OUT OF
OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF
EQUIPMENT
OR
PROGRAMS CREATED OR LICENSED BY SCALETRA WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS
WITH
THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR
INABILITY
TO
USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT
OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF
SCALETRA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify and hold Scaletra and its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your driving activities which generate the Content you post or seek to post on the Services (including, but not limited to, driving activities in connection with any contests, races, group rides, or other events which Scaletra sponsors, organizes, participates in, or whose Services are used in connection with), your connection to the Services, your violation of the Terms, your violation of any data protection or privacy laws, or your violation of any rights of another person or entity. Your rights with respect to Scaletra are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
These Services are controlled by Scaletra from its offices within Hong Kong. Scaletra makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of Hong Kong do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that Scaletra may, under certain serious circumstances and without prior notice, immediately suspend or terminate your account and/or access to the Services. Cause for such suspension or termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies, or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring further use of the Services. Further, you agree that all suspensions or terminations for cause shall be made in Scaletra's sole discretion and that Scaletra shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Scaletra as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Scaletra with respect to your use of the Services. The failure of Scaletra to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Scaletra. Scaletra has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third-party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Scaletra's notice to you via email, regular mail, or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Services. Scaletra reserves the right to update the Terms at any time and for any reason in its sole discretion. Scaletra may not notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. Scaletra and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, and programs described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Scaletra reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Scaletra shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
For questions regarding the Services and these Terms, please contact us via sales@scaletra.app. © 2024 Scaletra
© 2024 Scaletra Adventure. All rights reserved.
