Legal Information & Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Xkuty web site located at www.xkuty.com, and all associated sites linked to www.xkuty.com by Electric Mobility Company, S.L. (Electric Mobility Company, S.L.), including Xkuty Electric Bikes sites around the world (collectively, the “Site”). The Site is the property of Electric Mobility Company, S.L. (Electric Mobility Company, S.L.), and its subsidiaries.

Corporate Address & Relevant Information

Juana Francés, 2, Númber 33
URB. PALO ALTO
03540 Alicante (Spain).
Registro Mercantil de Alicante
(Tomo 3626, Libro 0, Folio 21, Hoja A 131230 )
CIF: B54640578
Telephone: +34 638865156
Email: info@xkuty.com

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

World Access

Electric Mobility Company, S.L. administers and operates the www.xkuty.com Site from its location in Alicante, Spain, Europe. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Spain. Electric Mobility Company, S.L. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Spain, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Electric Mobility Company, S.L. provides access to Electric Mobility Company, S.L. international data and, therefore, may contain references or cross references to Electric Mobility Company, S.L. products, programs and services that are not announced in your country. Such reference does not imply that Electric Mobility Company, S.L. in your country intends to announce such products, programs or services. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Spain and by the laws of the State of Alicante without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state of Alicante, Spain, and waive any objection to such jurisdiction or venue.

Content

All text, graphics, photographs, trademarks, logos, sounds, music, and videos (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Electric Mobility Company, S.L., and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced or republished, for publication or distribution or for any commercial enterprise, without Electric Mobility Company, S.L.’s express prior written consent.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Electric Mobility Company, S.L. or others.

Purchases

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Electric Mobility Company, S.L.’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Electric Mobility Company, S.L. may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Electric Mobility Company, S.L. makes no commitment to update the materials on the Site with respect to such products and services.

Disclaimers

Electric Mobility Company, S.L. does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results.

Electric Mobility Company, S.L. cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.

Electric Mobility Company, S.L. disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Electric Mobility Company, S.L. disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Electric Mobility Company, S.L. services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Electric Mobility Company, S.L. for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

Except where prohibited by law, in no event will Electric Mobility Company, S.L. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Electric Mobility Company, S.L. has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Electric Mobility Company, S.L. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Electric Mobility Company, S.L.’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Electric Mobility Company, S.L. (but not including the purchase price for any Electric Mobility Company, S.L. Product), or (2) 100.€ Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Electric Mobility Company, S.L., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Electric Mobility Company, S.L. by any third party due to or arising out of or in connection with your use of the Site.

Changes of these Terms of Use

Electric Mobility Company, S.L. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Electric Mobility Company, S.L. grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.