Anygo
User Agreement
This version is effective from 1 December 2023
This agreement is entered into by:
TRANSPORTSHARING BEOGRAD DOO, a limited company registered and existing under the laws of the Republic of Serbia, with its registered office at Bulevar Mihajla Pupina 6, Sprat 19, Beograd, 11070 (we, us or Anygo), and you, the individual user who submitted her or his identification documents (government-issued ID card or passport and driver’s license) to Anygo and whose name appears on the relevant account with Anygo (you or Member).
The Member has agreed to the terms of this agreement, the Terms & Conditions, the Prices and the Privacy Policy (as defined below) electronically by downloading, submitting documents and photos, and by pressing the relevant “Agree” button in the Anygo App.
Whereas,
Anygo offers short term car rental services in Serbia to Members that have been approved through an application process by Anygo as Members, and you have downloaded, installed, opened the Anygo app, and submitted your documents and photos via the Anygo App in order to be approved by us as a Member and use our services.
Definitions
Anygo App shall mean the smartphone application by Anygo and available as a free download from Apple’s AppStore and Google Play.
Anygo Vehicle or Vehicle shall mean a vehicle designated by Anygo that is available for use in the Anygo service, including any equipment or accessory installed to the interior or exterior of the Vehicle.
Driver shall mean the Member or any other person driving the Vehicle rented from the Member’s account.
Invoice shall mean a summary of all fees and other amounts, as determined and applied by Anygo, for which a Member is responsible, as sent by Anygo to a Member via the Anygo app, e-mail or by other means.
Owner shall mean the legal owner of the Vehicle (as defined below).
Prices shall mean the schedule of prices and fees titled “Prices” and available through the Anygo App or on Anygo.tech, as amended by Anygo from time to time.
Privacy Policy shall mean the Privacy Policy available through the Anygo App or on Anygo.tech, as amended by Anygo from time to time.
Terms & Conditions shall mean the Terms & Conditions available through the Anygo App or on anygo.tech, as amended by Anygo from time to time.
Other terms, whether capitalized and not, are used as defined or as used herein or in the Privacy Policy, Prices and the Terms & Conditions.
Terms of Use
Governing documents. Terms & Conditions, Prices and Privacy Policy form an integral part of this agreement and are incorporated herein by reference. References to this agreement also mean the reference is made to the said documents. The Member shall follow and comply with, the terms of this agreement in the version effective at the start of rent. English version of the above documents and of this Agreement is governing, any translations (if available) are for reference only.
No availability guarantee. Neither Anygo nor the Owner guarantee that you will be able to use a Vehicle at any particular time and/or place, or at all. A rent may be terminated by us at any time at our discretion. You agree to not rely on Anygo services for emergencies or time-critical tasks. Anygo and the Owner shall not be liable for damages caused by or connected with interruptions and(or) unavailability of our service.
Return of the Vehicle. You will not take the Vehicle out of the Driving Area and will immediately return it to the Home Area upon any termination of the Rent, whether voluntary or not, by you, by us, or through actions of a third party. Failure to return the Vehicle to the Home Area and notify us of its location (immediately upon our request) may result in liability or possible criminal sanctions and/or prosecution for car theft.
Liability for damages to the Anygo Vehicle. You (the member from whose account the rent has been started) are liable to us or the Vehicle Owner for any and all damages caused to the Anygo car during the rent started from your account. At the start of your rent you must report via app all manifest damages (dents, scratches, cracks, missing or broken parts, etc.) unless they are already present in the problems gallery in the app. If not so reported, the damages detected by other clients or us after your rent are deemed to have happened during your rent and are your responsibility. You are not responsible for damages if you can reasonably demonstrate that such damages were probably caused by a third party to a properly parked vehicle. You are not responsible for damages compensated to the Vehicle Owner or us by a third party insurance.
Payment by card. The payment card shall at all times have balance reasonably sufficient to pay for the Anygo services. The Member hereby authorizes Anygo to charge the payment card attached to her/his account with any and all amounts due for Anygo services, incurred damages, liabilities, fines, charges, unpaid parking fees and other amounts due to Anygo, the Owner, traffic police and/or parking authorities or owners (but not other third parties), in the amounts and as determined by Anygo. Anygo may withdraw funds from the payment card marked as “deleted” for collection of the Member’s overdue amounts, provided that Anygo has made reasonable efforts to collect the debt from the active card(s) and to notify the Member first.
Late payments, payments by other means. We would really like to receive payments by payment card only and at once. If your card has insufficient balance, expired, blocked or otherwise unavailable for payment in the required amount, we will ask you to fix that. If not done promptly, fines and(or) interest may be applied to your account. Payment by bank transfer is possible in extraordinary circumstances and by prior agreement only.
Third party use of account. Use of Member’s account or Vehicles rented from it by third parties is prohibited. The Member agrees that you are solely responsible for the Driver, third parties accessing or using your account with us, and for the payment of all charges thereby incurred or caused. Do not provide others with our SMS code or log them in to your Anygo account. Change your phone number in our system immediately if you no longer have access to it.
The Owner. The Member agrees that the Owner may be Anygo or a third party with a contractual arrangement with Anygo, provided that the Vehicle is properly registered and insured as a rental car.
Compensation for Vehicle damage. The Owner is entitled to any compensation paid to any party in connection with damages to a Vehicle. Should such compensation be paid to the Member, the Member must transfer such monies to the Owner or Anygo for the Owner.
Law violations. The Member is solely responsible for the consequences of traffic offenses or criminal acts that are established to have been perpetrated in connection with use of a Vehicle and/or rent, including parking tickets, and shall be responsible to Anygo for any fees and costs that may be incurred in connection with the same. The Member authorizes Anygo to release to any government agency or court, information relating to the Member and the Driver. Anygo may elect, in its sole discretion, to settle any such claims, including fines issued for parking violations, on behalf of the Member and/or, to the extent permitted by applicable law, transfer any legal process, responsibility, or liability related to such claim to the Member.
Indemnity. The Member shall indemnify and hold harmless Anygo, the Owner, their parents and affiliates, and their respective directors, officers, employees, shareholders, beneficiaries, agents, lawyers, assigns, and successors-in-interest (collectively, the Indemnified Persons) harmless from any and all losses, including lost profits due to Vehicle damage, caused or contributed to by the Member or the Driver, liabilities, damages, injuries, claims, demands, costs, legal fees and other expenses, incurred by any Indemnified Person in any manner and based upon the Member’s non-compliance with this agreement and/or from the use of the Vehicle by the Member, the Driver or any third party, including claims of or liabilities to, third parties.
Limitation of liability. The Indemnified Persons are not liable to any damage to you, your passengers or other third parties during or connected with a ride, whether booked by you or by any third party, unless directly and willfully caused by the relevant Indemnified Person, or directly by her or his gross negligence.
Other rights of Anygo. We expressly reserve the right at any time and for any reason at our sole discretion to change prices and terms, provide discounts to all or some of our members, based on age, driving experience, country of driver license’s issue, time of year, demand, territory and any other factors, choose to not enforce any of the terms, fines or fees with respect to all or any of the members. Such failure to enforce does not constitute a waiver of the respective right to enforce with respect to members or at other times, decline account registration, require a deposit prior to rent, suspend or terminate account of any member with our system, terminate a rent remotely and/or prematurely if the car sensors indicate reckless driving, driving outside driving area or other issues with the ride, car, driver or account holder.
Representations
The Member hereby represents and warrants that at account registration and at the start and for the duration of each rent:
- you are over 20 years old,
- you have the capacity and the legal right to (1) enter into agreements, (2) drive light passenger vehicles in the Republic of Serbia, and to (3) pay using the payment card attached to your account,
- you are the Driver,
- all documents and photos submitted via the Anygo App refer to you, are current, effective, genuine, unaltered, and not misleading,
- you are fully authorized to pay with the payment card(s) added to your account,
- the selfie photo depicts you.
General Terms
Applicable law. The law of the Republic of Serbia shall apply to any disputes arising from or related to, this agreement. All unresolved disputes shall be referred exclusively to the competent court in the Republic of Serbia.
No assignability. The rights and obligations granted by this agreement to the parties are not assignable or transferable, except for the right of Anygo to transfer or assign its rights to collect any outstanding amounts due by the Member.
No third party claims. This agreement is intended for the benefit of the Member and Anygo. No other third party may claim rights hereunder, whether as a third-party beneficiary or otherwise.
Severability. Each provision of this agreement is distinct and separate. Therefore, any decision by a court under which any of the provisions contained in this agreement is declared null, invalid, or unenforceable shall in no way affect the validity, nature, or enforceability of any other provision.
Unilateral right to amend. The current version of this agreement is available at Anygo.tech and via the Anygo App. Anygo reserves the right to amend, supplement, or replace this agreement and shall give notice of such changes by making the new versions available on Anygo.tech and via the Anygo App. The Member agrees that all modifications shall be effective and binding starting from the date indicated in the new version.
Entire agreement. This agreement constitutes the entire agreement between the parties and is binding. It supersedes and replaces all previous understandings and agreements between Member and Anygo. Member acknowledges and represents that Member has not relied on any representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those set out herein.
Notices. All notices shall be in writing and shall be sent by courier or registered post to the registered (in case of Member – residence) address of the addressee. If the residence address of the Member is unknown, Anygo may send notices to the Member via e-mail or SMS to the address or phone number registered in the system.
Date of this agreement. This agreement is entered into and concluded on the date when Anygo approved the application of the Member to register an account in our system.
Termination. Either party may terminate this agreement at any time by giving 30 days notice to the other party. Termination does not affect obligations of the parties which have arisen prior to the termination.