This Agreement (hereinafter “Agreement, or “agreement”) is entered into by and between
NECTURE GmbH
Papagenogasse 1A
1060 Vienna, Austria
doing business as StreetCrowd or StreetCrowd.com, hereinafter “StreetCrowd”, registered in Vienna, under Nr. FN 430551 p,
and
You, the StreetCrowder (in earlier versions of this Agreement the “Contractor”), hereinafter “StreetCrowder”, an independent professional providing mobility-related services.
StreetCrowd and the StreetCrowder may each be referred to herein as a “Party” and together collectively as the “Parties”.
StreetCrowd is in the business of analysing and providing actionable data relating to the optimal positioning or efficient maintenance of shared modes of transportation such as cars, scooters and delivery robots of operators. StreetCrowd analyses information from a variety of sources and identifies the optimal positioning of shared vehicles to meet the needs of both the operators and their customers. Furthermore it identifies maintenance tasks to be performed on the respective vehicles. It thus identifies a variety of mobility-related tasks which are displayed in the StreetCrowd App (hereinafter the “App”) and offers them to the StreetCrowder to complete. Such tasks include but are not limited to moving vehicles to locations where they may be in higher demand, charging the vehicles, performing other vehicle maintenance activities. In exchange for this service, the StreetCrowder receives pay. These pay as well as any further details of this agreement which are specific to a certain operator shall be outlined in the respective Operator Rule Book, hereinafter the “Operator Rule Book”, which constitutes a separate agreement.
StreetCrowd is not in the business of executing the tasks it identifies through its data analysis, including but not limited to driving services, support for vehicle maintenance, or any other tasks related to the vehicles of a operator, but rather is a provider of the data and information needed to optimize the positioning and maintenance of shared modes of transportation by the operator that it works with. The StreetCrowder is an independent provider of services, is, wishes to be, and/or has been customarily engaged in the business of providing such mobility-related tasks and is interested in entering into this Agreement for the opportunity to provide a service for the completion of the tasks. The mobility-related tasks are services which do not fall within the main purpose of StreetCrowd. Therefore, StreetCrowd needs to benefit from the StreetCrowder’s expertise which is complementary to its own expertise.
Thus, the StreetCrowder declares that it benefits from the necessary expertise, know-how and connections to provide the respective services as set forth in this Agreement to StreetCrowd. Accepting this Agreement does not oblige the StreetCrowder to take over or carry out any offered tasks. If the StreetCrowder does not want to carry out offered StreetCrowd tasks, they may choose to not engage with specific tasks and/or stop using the StreetCrowd service altogether at any time without penalty. No joint venture, partnership, employment, or agency relationship is created between the StreetCrowder, StreetCrowd or any Third Party Provider as a result of this Agreement or use of the StreetCrowd service.
Each Party declares that it has provided the other Party with complete and sincere information during the pre-contractual period. Each Party therefore acknowledges that it has received all the information necessary to decide to enter into this Agreement. In consideration of the mutual promises made herein, the Parties agree to the Agreement set forth herein.
1. Purpose
This Agreement governs the relationships between i) StreetCrowd and ii) the StreetCrowder and any of the StreetCrowder’s employees, workers, contractors, subcontractors, agents and representatives or other entities engaged by the StreetCrowder to perform mobility-related tasks (collectively, the “Subcontractors”) or any substitute nominated by the StreetCrowder to perform mobility-related tasks instead of the StreetCrowder (“Substitute”).
Subcontractors also includes any employees, contractors, subcontractors, agents and representatives of an entity engaged by the StreetCrowder to perform mobility-related tasks. In exchange for the promises contained in this Agreement, the StreetCrowder may perform mobility-related tasks and receive pay to be agreed upon by the parties.
2. StreetCrowder warranties
As a condition of entering into this Agreement with StreetCrowd, and as long as the StreetCrowder is performing mobility-related tasks, the StreetCrowder represents and warrants to the following:
i) Legal Requirements. The StreetCrowder is in the independent business and customarily engaged in the business of providing mobility-related tasks, and maintains any and all licenses (in particular but not limited to trade license, driving license (if required), etc.), permits, and registrations necessary to perform mobility-related tasks in the locality or localities (hereinafter “Market(s)”) in which the StreetCrowder performs mobility-related tasks. The StreetCrowder acknowledges that StreetCrowd may request proof of such licenses at any time, including but not limited to business/ trade licence, company number, VAT number.
ii) Taxes & Declarations. The StreetCrowder assumes sole liability for and will pay all self-employment taxes and applicable Social Security contributions, income taxes, and other reports required by their activities as a StreetCrowder. The StreetCrowder will abide by all local laws in the respective Market relevant to the provision of mobility-related microservices. The StreetCrowder will inform StreetCrowd about any relevant change to his/her status in this respect. The StreetCrowder is solely responsible for making any disclosure required by law or any licensure they may hold to any person or entity in regards to completing mobility-related tasks.
iii). Age and License. The StreetCrowder is of full age as defined in the respective Market where they perform the tasks, has - if required - a valid license necessary for driving the respective vehicle (e.g. driver’s license), and has the appropriate level of certification necessary or advisable within the Market jurisdictions to operate any vehicle used to perform the respective mobility-related tasks of the StreetCrowd operator.
iv) Operator Requirements. The StreetCrowder acknowledges that performing mobility-related tasks through StreetCrowd is subject to the respective operator terms and conditions, as well as criteria (e.g. driver’s licence, insurance, completion of background checks, etc.).
Prior to performing mobility-related tasks, the StreetCrowder agrees to have StreetCrowd verify with the respective operator for which the tasks are performed if the StreetCrowder fulfills the necessary conditions of the service provider’s user agreement. The StreetCrowder acknowledges that StreetCrowd will verify with the respective operator on a regular basis if the StreetCrowder satisfies or continues to satisfy the necessary requirements.
By accepting this Agreement the StreetCrowder agrees to share their operator account status and information with StreetCrowd. This includes and is not limited to their driving history which StreetCrowd uses to verify completed tasks for StreetCrowd, the StreetCrowder’s compliance with the Agreement, and to ensure the service of StreetCrowd. Should any of the requirements cease to be met, StreetCrowd may immediately suspend the StreetCrowder indefinitely or until the requirements are met.
The StreetCrowder acknowledges that if they do not meet the criteria necessary for a specific operator, StreetCrowd may refuse to offer them tasks related to that provider.
v) Equipment. The StreetCrowder maintains at their own expense all equipment it deems necessary in their reasonable discretion to perform the mobility-related tasks offered by StreetCrowd. The StreetCrowder is not required to purchase, lease or rent any equipment from StreetCrowd. The StreetCrowder certifies that their equipment meets all industry and regulatory standards and will be in good working conditions.
vi) Use of the App. The StreetCrowder declares that their access to and use of the App or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which they are subject to.
vii) No Competitive Intelligence. The StreetCrowder declares that they will not use the App in order to gain competitive intelligence about StreetCrowd, the App, or any product or services offered by StreetCrowd or to otherwise compete with StreetCrowd and its affiliates.
viii) Accuracy. The StreetCrowder agrees to provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of the Agreement.
ix) Password. The StreetCrowder is responsible for safeguarding the password that they use to access the StreetCrowd service and for any activities or actions under the password, whether their password is with the StreetCrowd service or a third-party service. The StreetCrowder may not allow anyone else to access their account and may not sell or transfer the account. An exception are Subcontractors and Substitutes for whom the StreetCrowders is fully responsible and ensures full compliance with this and all other points of this Agreement, as outlined in Section x) hereunder.
The StreetCrowder agrees to not use anyone else’s account. The StreetCrowder will immediately notify StreetCrowd in writing if they discover any unauthorized use of their account. StreetCrowd has the right to deny access to the StreetCrowd service if the StreetCrowder’s account is terminated due to password violations of this Agreement.
x) Subcontractors & Substitutes. The StreetCrowder is responsible to ensure Subcontractors, Substitutes or other related entities fulfill and comply with all points of this Agreement.
a. To the extent that the StreetCrowder engages any Subcontractor or Substitute to perform mobility-related tasks, the StreetCrowder and StreetCrowd acknowledge and agree that the Subcontractor or Substitute is not an employee of StreetCrowd and that no employment relationship exists between Subcontractor or Substitute and StreetCrowd. The same applies to employees of the StreetCrowder. Neither StreetCrowd nor Subcontractor or Substitute will have the right to bind the other by contract or otherwise, except as specifically outlined hereunder.
b. Subject to compliance with this Agreement, the StreetCrowder will have sole discretion over whether to use Subcontractors or Substitutes, and will be solely responsible for the performance or services of its Subcontractors and Substitutes. The StreetCrowder (or its owner or principal) has no obligation under this Agreement to personally perform any mobility-related tasks. Notwithstanding the foregoing, the StreetCrowder remains fully liable for the performance of the mobility-related tasks of its Subcontractors and Substitutes, and the engagement of Subcontractors or Substitutes will not release the StreetCrowder from any of its obligations outlined in this Agreement. The StreetCrowder should require all Subcontractors and Substitutes performing mobility-related tasks to comply with all eligibility requirements set forth in this Agreement, as if Subcontractor or Substitute is the StreetCrowder.
c. The StreetCrowder acknowledges that they will only engage third country nationals as employees upon express prior consent of StreetCrowd in accordance with any and all applicable legal provisions.
d. pay for completed mobility-related tasks performed by Subcontractors or Substitutes will be payable to the StreetCrowder. The StreetCrowder assumes full responsibility, and StreetCrowd will not be responsible for the payment of any compensation, benefits and expenses to Subcontractors or Substitutes (which will be determined in the StreetCrowder’s sole discretion), and for any required income tax withholdings and Social Security contributions related to Subcontractors, Substitutes or their employees.
xi) Inactivity. StreetCrowd reserves the right to remove the StreetCrowder from the StreetCrowd service and terminate their account, if their account got approved for StreetCrowd but the StreetCrowder does not participate in StreetCrowd (not engaging with any tasks) within a certain time. The StreetCrowder will be notified in due time of any suspension of the account due to inactivity.
xii) Drive-ready. The StreetCrowder commits to keep their respective operator account(s) drive-ready. Any actions which put the operator account(s) in a not drive-ready state may automatically result in an immediate deactivation of the StreetCrowder’s account in regards to tasks related to a specific operator or providers. The StreetCrowder may temporarily or indefinitely not be able to perform tasks related to one or multiple operator or providers.
xiii) No tampering with Products or other property. The StreetCrowder agrees that they shall not, under any circumstances, undertake any repair, service, alter or otherwise make any modification to the shared vehicles they drive, any equipment associated with them, or any other equipment of the operator StreetCrowd works with, unless explicitly requested by StreetCrowd as a specific mobility-related task and thus documented in the App. If a vehicle is in need of repair, the StreetCrowder agrees to report that directly to the operator. Furthermore, the StreetCrowder agrees to follow any rules regarding this as stated by the terms and conditions of the respective operator.
xiv) Insurance. The StreetCrowder maintains, at its own expense, adequate and sufficient insurance of the types necessary, including and not limited to employer’s liability insurance covering any persons performing mobility-related tasks as Subcontractors, Substitutes or other relevant entities; vehicle insurance, property and fire insurance, including commercial property, buildings and contents insurance as applicable.
xv) Third-party rights. The StreetCrowder affirms that any submitted work and/or data is not violating third party rights. This particularly includes, but is not limited to the violation of copy- and/or trademark/brand-name rights, as well as intellectual rights. The StreetCrowder shall bear the cost for potential legal actions.
xvi) Location. For efficiency the StreetCrowder should be located within a reasonable distance of the deployment areas in the markets where the mobility-related tasks are offered.
3. Use of the App and the operators' apps
The StreetCrowder acknowledges that performing mobility-related tasks requires registration for and use of the StreetCrowd proprietary mobile application, the App, or, for some operators, of that operator's own app or portal named in the Operator Rule Book, such as the Bolt Transporter app, the ISAbell app or the NECTURE portal. If the StreetCrowder cannot register for, access or use the App or the operator's own app or portal, the StreetCrowder will not be able to perform tasks for that operator.
i) Network Access and Devices
For using the App and fulfilling the tasks the StreetCrowder requires access to a smartphone where the StreetCrowd App is installed. The StreetCrowder is responsible for obtaining the equipment and data network access necessary to use the services. The mobile network data and messaging rates and fees may apply if the StreetCrowder accesses or uses the services from their device. The StreetCrowder is responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and App and any updates thereof. StreetCrowd does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
ii) Location information. The StreetCrowder agrees that its geo-location information will be provided to StreetCrowd via the App and that such geo-location information may be monitored and tracked by StreetCrowd and shared with third parties when the StreetCrowder is logged into and available to perform the tasks. The StreetCrowder will not falsely report its geo-location, prevent or attempt to prevent the App from reporting its geo-location, or otherwise attempt to circumvent this requirement. The StreetCrowder expressly acknowledges that such geo-location via the App does not correspond to work control tracking by StreetCrowd but only aims to ensure the effectiveness of the services rendered which require instantaneous location information.
iii) Third Party Content. The StreetCrowder acknowledges that the App may contain links to third-party websites or Apps that are not owned or controlled by StreetCrowd. StreetCrowd has no control over, and assumes no responsibility for the content, privacy policies or practices of any third party websites or services. The StreetCrowder further acknowledges and agrees that StreetCrowd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of any such content, goods or services available on or through any such websites or services. StreetCrowd strongly advises the StreetCrowder to read the terms and conditions and privacy policies of any third party websites or services that they visit.
4. Tasks and pay
StreetCrowd will provide the StreetCrowder with the possibility to complete mobility-related tasks related to a operator(s). The StreetCrowder will have the opportunity to accept or reject the offered mobility-related tasks at their discretion. If the StreetCrowder does not want to carry out StreetCrowd tasks they need to simply not engage with the respective task or stop using the StreetCrowd App altogether. They may do this at any time without having to indicate any reason.
StreetCrowd will provide pay for completed tasks. The mechanism for offering or accepting a task as well as the specific pay and/or payment process may vary at StreetCrowd’s reasonable discretion and may be different from one operator to another. The specific process for completing tasks will be outlined in an Operator Rule Book.
The StreetCrowder agrees to provide StreetCrowd with the following information upon request:
full name
personal email address
Address
ID information (if applicable)
business licence (if applicable)
operator account email address
electronic payment email address for compensation
city of residence
any other information relevant to conducting the mobility-related tasks in the respective Market
and agrees to update StreetCrowd any time the requested information changes. By providing this information the StreetCrowder consents to StreetCrowd making any contact via any of the above-mentioned communication means.
i) Registration. Accepting tasks is contingent upon registering for the service StreetCrowd via the App. Registration is free of charge. The registration happens by registering a StreetCrowd account via the App or through a web browser and providing the respective necessary information, including accepting the terms of this Agreement. The registration process may vary between Markets in which StreetCrowd is active and StreetCrowd reserves the right to change this process at its discretion. Registration is not an automatic entitlement. In order to perform tasks the StreetCrowder also needs to fulfill the requirements of the respective operator(s) for whom the tasks are done.
Registration is valid only under the StreetCrowder’s own name and not for third parties. The StreetCrowder agrees to refrain from granting third parties access to his account and/or act on behalf of third parties when using this account. An exception are StreetCrowder’s Subcontractors or Substitutes for which the StreetCrowder is fully liable as outlined in Section 2, x).
ii) Accepting and rejecting tasks. The StreetCrowder will have the opportunity to accept or reject the offered tasks and the corresponding pay at their discretion. If the StreetCrowder accepts the task, they agree to diligently devote best efforts, skills and abilities to the performance of the mobility-related tasks in a professional manner and in accordance with any quality standards established by StreetCrowd. These will be communicated to the StreetCrowder in advance. If the StreetCrowder does not accept the task the StreetCrowder has no obligation to perform any task proposed to them. The StreetCrowder may reject the task by simply not engaging in it or by discontinuing their use of the App altogether at any time without necessary reason.
iii) Safety & Legality of performance. The StreetCrowder agrees that the mobility-related tasks requested by StreetCrowd will be performed in a safe manner and in compliance with all applicable safety laws in the respective Market. The StreetCrowder agrees that they are responsible for complying with all laws and regulations applicable to their performance of mobility-related tasks, including through the use of their own employees, Subcontractors, Substitutes or similar entities.
iv) Incompletion or breach. Unless otherwise agreed to between StreetCrowd and the StreetCrowder, StreetCrowd is not obligated to pay the StreetCrowder any pay or other payments associated with the mobility-related tasks not completed in accordance with this agreement and the respective Operator Rule Book. The StreetCrowder shall not circumvent or in any way attempt to circumvent the conditions or requirements of this agreement.
v) Freedom of execution. Subject to compliance with this Agreement, the StreetCrowder will be solely responsible for determining how to perform the mobility-related tasks, including but not limited to whether to utilize Subcontractors or Substitutes to perform all or some of the tasks, and StreetCrowd will have no right to, and will not, control or prescribe the manner, method or means that the StreetCrowder shall use to complete mobility-related tasks.
vi) Non-exclusivity. The StreetCrowder acknowledges that it is not and shall not become economically dependent on StreetCrowd and that it offers and continues to propose its services to other clients. Nothing in this Agreement shall prevent the StreetCrowder from providing services to any other business, including businesses directly competing with StreetCrowd. Such services may be performed concurrently with the mobility-related tasks during any engagement, provided that such concurrent services do not hinder the StreetCrowder’s performance of mobility-related tasks. Notwithstanding the foregoing, the StreetCrowder will not commit unfair competition as defined by applicable law at any time during this Agreement.
vii) Parking spots. StreetCrowd does not guarantee that there is a valid parking spot available at the end of any suggested route or at the end of any task. StreetCrowd is not liable for any costs associated with tickets or tows which resulted from the StreetCrowder ending a trip in an invalid parking spot.
viii) Account limitations. The StreetCrowder acknowledges that StreetCrowd may require the StreetCrowder to limit their ability to use their personal operator account for a specific location and/or for a specified time after a mobility-related task is completed. The account may be put on hold temporarily or terminated if the StreetCrowder consistently does not comply with specified rules of the task.
ix) Notifications. The StreetCrowder agrees to promptly notify StreetCrowd of any product issues or concerns, including without limitations any omissions or mistakes to the location of shared vehicles provided on the App and to appropriately report any damage to StreetCrowd.
5. Payment
StreetCrowd will pay the StreetCrowder for the mobility-related tasks in the amount pursuant to the terms agreed between the Parties for each engagement and in the form of pay. By activating and starting the mobility-related task via the App, the StreetCrowder agrees to the pay offered (via StreetCrowd Website, Email, Push-Notification or App) and to the respective terms of the task outlined in the Operator Rule Book. Failure to comply with the terms of the task shall be considered a failure to complete the mobility-related tasks and shall result in the StreetCrowder not being entitled to a pay.
i) Payment Terms. The Parties herewith explicitly agree that the StreetCrowder does not issue any invoices for the mobility-related tasks that they complete. Instead StreetCrowd may issue a credit note (Gutschrift) to the StreetCrowder for the pay. The StreetCrowder herewith explicitly acknowledges their consent to the invoicing via credit notes as well as to the electronic submission of credit notes. The StreetCrowder is obliged to duly and thoroughly submit any relevant information and data required for issuing the credit notes to StreetCrowd. The obligation includes inter alia information which may exclude VAT from falling due on the mobility-related tasks in the respective Market. By applying these payment terms the Parties agree that issuing an invoice by the StreetCrowder to StreetCrowd is not necessary.
ii) Payment schedule. The payment schedule for the pay offered for any specific mobility-related task shall be specified by StreetCrowd via StreetCrowd Website, Email, Push-Notification or App, or in the respective Operator Rule Book.
iii) Costs. The pay and any Promotional Codes (hereinafter “Promo Code(s)”) paid to the StreetCrowder pursuant to this Agreement constitute the entire amount to be paid by StreetCrowd for the performance of mobility-related tasks completed by the StreetCrowder or their Subcontractor or Substitutes. The StreetCrowder explicitly acknowledges and agrees that it is solely responsible for all costs and expenses arising from their performance of mobility-related tasks, including but not limited to costs related to Subcontractors, Substitutes, and equipment. Except as otherwise required by law, the StreetCrowder assumes all risk of damage or loss to any equipment used to perform the mobility-related tasks.
iv) Payment address. The StreetCrowder agrees to provide a valid electronic payment email address to StreetCrowd upon request. In specific cases, if explicitly asked by the StreetCrowder and agreed with StreetCrowd in a written manner, the StreetCrowder may be able to receive the full compensation in Promotional Codes only and thus can abstain from providing his valid electronic payment email address during the registration process. This will be dependent on the operator for whom the tasks are completed and on the terms defined in the respective Operator Rule Book. If a wrong or invalid electronic payment email address communicated to StreetCrowd results in payment to a wrong or invalid account (unless the StreetCrowder explicitly abstained in a written form via email from having his compensation sent to this electronic payment address), there will be no renewed payout.
v) Declarations. The StreetCrowder agrees to report all pay paid to the StreetCrowder to the relevant local tax authorities in accordance with the applicable legal provisions.
vi) Disputes. Payment by StreetCrowd to the StreetCrowder under the terms of this Agreement will be deemed complete and accurate unless disputed in accordance with the following process. To dispute a payment, the StreetCrowder must submit a written notice of the dispute to StreetCrowd within fourteen (14) days of payment. If the Parties are unable to resolve the dispute, it shall be settled under Section 14 below.
6. Promotional codes
StreetCrowd may, in its sole discretion, create or share Promo Codes that may be redeemed for discounts on future services and/or a Third Party Provider services. The StreetCrowder agrees that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) 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 StreetCrowd; (iii) may be disabled by StreetCrowd at any time for any reason without liability to StreetCrowd; (iv) may only be used pursuant to the specific terms that StreetCrowd establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. StreetCrowd reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by the StreetCrowder or any other StreetCrowder in the event that StreetCrowd determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of StreetCrowd's Terms.
7. Relationship of the Parties
This Agreement is made between co-equal, independent business enterprises that are separately owned and operated. The Parties intend for this Agreement to create the relationship of principal (StreetCrowd) and independent contractor (the StreetCrowder). Neither Party will have the right to bind the other by contract or otherwise, except as specifically provided in this Agreement.
i) The Parties do not intend for this contract to create the relationship of employee and employer. The StreetCrowder is an independent service provider.
ii) The StreetCrowder has no power of authority to incur any debt, obligation or liability on behalf of StreetCrowd.
iii) The StreetCrowder acknowledges that under no circumstances is he/she entitled to coverage under StreetCrowd welfare, medical, or dental plans; life or disability insurance plans, pension plans, stock plans, or any other StreetCrowd fringe benefits.
iv) The StreetCrowder will not work within any organised service or office of StreetCrowd and will not be subject to precise instructions or specific working hours.
v) The StreetCrowder will determine the method, details, and means of performance of the mobility-related tasks. StreetCrowd will not control the manner or determine the method of accomplishing performance, including the amount of time the contractor spends on the completion of the tasks.
8. Changes
StreetCrowd reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If a revision is material, StreetCrowd will provide at least 7 days notice prior to any new terms taking effect. What constitutes a material change will be determined at its sole discretion. The continuation of the StreetCrowder’s engagement in mobility-related tasks constitutes acceptance of all amendments. If the StreetCrowder does not agree to the new terms, they must stop using the StreetCrowd service.
9. Termination
i) This Agreement will commence on the Effective Date and will continue until terminated by either Party.
ii) Either Party may terminate this Agreement immediately if the other Party commits a material breach of any provision of this Agreement and/or in case of incapacity of the other party and/or in case of loss of a party’s required licenses or permits by giving written notice (email is valid) to the other Party.
iii) The StreetCrowder must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of this Agreement.
iv) StreetCrowd reserves the right to remove the StreetCrowder from the StreetCrowd service and terminate their account if the account is inactive for a prolonged period of time.
v) StreetCrowd may terminate the Agreement if the StreetCrowder violates the terms outlined in the Operator Rule Book of the operator(s) for which the contractor completes tasks.
vi) StreetCrowd may terminate or suspend access to its services immediately, without prior notice or liability, for any reason whatsoever, without limitation.
vii) If the StreetCrowder does not want to continue to carry out offered StreetCrowd tasks, they may stop using the StreetCrowd service at any time.
All provisions of this Agreement which by their nature shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, confidentiality, indemnity and limitations of liability will survive the termination of this agreement and any engagement(s) hereunder and will continue in effect and inure to the benefit of and be binding upon the Parties and their legal representatives, heirs, successors and assigns.
Upon termination, the StreetCrowder’s right to use the service will cease immediately.
10. Liability
This Section sets the general rules on liability. An Operator Rule Book may add rules for a particular operator on top of them, including the amount of the deductible that applies. Where a rule book says nothing on a point, this Section applies on its own.
i) What the StreetCrowder accepts. By accepting a task, the StreetCrowder accepts liability for damage to the operator's vehicle and to equipment belonging to it, caused while the task is being performed, up to the deductible agreed per claim for that operator. The Operator Rule Book names the deductible that applies. Where it names none, the deductible in the operator's own terms applies.
ii) The operator's own terms. Performing a task means using a vehicle under the operator's own terms and conditions. The StreetCrowder accepts those terms with the operator and undertakes to follow them. Where the operator's terms provide for it, breaking them can lead to consequences the operator sets, including treating a task as a private rental and charging for it.
iii) More than one vehicle in the same event. Where two or more vehicles of the same operator, driven by StreetCrowders, are involved in the same accident, the operator's insurance may not cover the damage. The StreetCrowder then carries the cost to the extent the operator's terms provide.
iv) Fines, tickets and towing. The StreetCrowder carries the cost of fines, parking tickets, towing and comparable charges that result from how a task was performed. StreetCrowd does not guarantee that a valid parking space is free at the end of a suggested route or at the end of a task.
v) Breach of this Agreement. The StreetCrowder undertakes to compensate StreetCrowd for any direct damage that might arise from their failure to comply with their obligations under this Agreement and/or mandatory provisions.
vi) What StreetCrowd does not guarantee. StreetCrowd accepts no responsibility or liability for the proper operation of the StreetCrowder's mobile phone. There is no guarantee for the correctness of the displayed information in the StreetCrowd service or the App's general functionality. In particular, there is no guarantee for the correct display of the position of an operator's vehicle, nor that the vehicle is going to remain in that position while a StreetCrowder is on the way to carry out the task, even if the StreetCrowd service is fully functional. StreetCrowd will not be liable for loss of performance or loss of service, nor does StreetCrowd guarantee the quality, suitability, safety, service and capacity of third party providers. StreetCrowd is not liable for any outages, technical issues, or any unforeseen events which are beyond the control of StreetCrowd or any third party providers.
vii) What StreetCrowd is not liable for. StreetCrowd has no liability for indirect, punitive, consequential or incidental damages arising out of or related to the use of the StreetCrowd service, even if notified that such damages may arise. StreetCrowd has no liability for the StreetCrowder's use of the StreetCrowd service or the fact that the StreetCrowder cannot access or use an operator's services. To the maximum extent permitted by applicable law, StreetCrowd assumes no liability or responsibility for any: a) personal injury (including death) or property damage, of any nature whatsoever, in connection with the performance of mobility-related tasks or the access to or use of the App, b) bugs, viruses, trojan horses or the like that may be transmitted to or through the App by any third party, or c) unauthorised access to or use of StreetCrowd's secure servers and/or any and all personal information stored therein by any third party.
viii) What neither Party can exclude. Neither Party is liable for:
a. death or personal injury caused by its negligence;
b. fraudulent misrepresentation or any other fraudulent act or omission; or
c. any other liability which may not lawfully be excluded or limited;
even if any other term of this Agreement would suggest that this might be the case. Nothing in this Section limits liability that cannot be limited under the law that applies in the StreetCrowder's market.
11. Disclaimer of defects
StreetCrowd uses reasonable efforts to maintain the technology platform behind its services. However, StreetCrowd is not responsible for any defects or failures associated with the technology platform, any part thereof, any content posted using the App, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The App may be inaccessible or inoperable for any reason, including and not restricted to: (A) equipment malfunctions; (B) periodic maintenance procedures or repairs which StreetCrowd may undertake occasionally; or (C) causes beyond the control of StreetCrowd or which are not foreseeable by StreetCrowd.
12. Severance
If any provision of this Agreement is found to be unenforceable or unlawful, such provision will be changed so as to accomplish the objectives to the greatest extent possible under the applicable law. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
13. Confidentiality
i) The Parties understand that the service arrangement created by this Agreement may require the Parties to disclose and exchange confidential, proprietary and other sensitive or other sensitive or non-public information regarding their operations or customers (hereinafter “Confidential Information”). The Confidential Information of StreetCrowd may include and is not limited to identities and contact information of StreetCrowd customers, personal information of customers, fees and billing practices, strategic plans, marketing and advertising materials, data regarding methods, systems, processes and technology, and agreements, notices or other correspondence between the Parties. The Confidential Information of the StreetCrowder includes and is not limited to equipment, licences and other legal authorizations, marketing and advertising materials, business operations. Confidential Information also includes the terms of this Agreement.
ii) The Parties agree to use each other’s Confidential Information solely to execute their respective obligations and will not disclose each other’s Confidential Information to third parties, provided, however, Confidential Information may be disclosed to such Party’s employees, agents, contractors, subcontractors and representatives who have a need to know to perform their obligations under this Agreement. Each Party will be responsible for any breach of this provision by its employees, agents, contractors, subcontractors and representatives. This Section 13 (ii) will not apply to Confidential Information which was in the public domain at the time it was communicated to the recipient or subsequently enters the public domain through no fault of the recipient, or when the recipient can prove that the Confidential Information was already known to the recipient at the time of receipt.
iii) All Confidential Information will remain the exclusive property of the disclosing Party. Nothing in this Agreement will be deemed to grant a Party any rights in or to the Confidential Information disclosed by the other Party, or any part thereof.
iv) In the event of a breach of this Section 13, the aggrieved Party will have the right to demand the immediate return of all Confidential Information and recover its actual damages incurred by reason of such breach in accordance with the Governing Law Provision (Section 14). The Parties specifically acknowledge that the unauthorized use or disclosure of Confidential Information would result in irreparable harm for which there is no adequate remedy at law, and in such an event the aggrieved Party will additionally be entitled to interim relief from the courts named in Section 14, or any other remedy available at law or in equity to prevent further unauthorized use or disclosure, and that no bond will be required. Failure to comply with any part of this Section 13 will constitute a material breach of this Agreement.
14. Governing law
i) Governing law. These terms shall be governed and construed in accordance with the laws of Austria without regard to its conflict of law provisions.
ii) Markets outside the European Union. In a market outside the European Union, the mandatory law of that market applies where it cannot be set aside by agreement. The Operator Rule Book for that market names what applies there in addition to this Agreement.
iii) Binding version. This Agreement is written in English. The German version is a translation, provided so that the terms can be read in German. Where the two differ, the English version binds.
iv) Waiver and entire agreement. StreetCrowd's failure to enforce any right or provision of these terms will not be considered a waiver of those rights. This Agreement constitutes the entire agreement between the Parties regarding the service, and supersedes and replaces any prior agreements the Parties might have regarding the service.
15. Name and address of the controller
Controller for the purposes of the General Data Protection Regulation (GDPR), other data protection laws applicable in the Member states of the European Union and other provisions related to data protection is:
NECTURE GmbH
Address: Papagenogasse 1A, 1060, Vienna, Austria
Email: hi@streetcrowd.com
Website: www.necture.com
16. Name and address of the data protection officer
The Data Protection Officer of the controller is:
Lawyer Savino Menna
NECTURE GmbH
Address: Papagenogasse 1A, 1060 Vienna, Austria
Email: dpo@necture.com
Website: www.necture.com
Any data subject may, at any time, contact the StreetCrowd Data Protection Officer directly with all questions and suggestions concerning data protection.