Terms of Service
Updated on May 31, 2022
The Drive One app (the “App”) and the website www.driveone.eu (the “Website”) are owned and operated by Needit ApS (the “Needit”). The Drive One electronic device (the “Device”) is also developed and marketed by Needit.
Our contact information is:
Needit Denmark ApS
Danish registration number: 33396872
Address: Hammerholmen 18, 2650 Hvidovre, Denmark
Email: support@driveone.eu
These Terms of Service governs your use of the App, Website and Device.
Topics:
Agreeing to the Terms of Service
Eligibility
Compliance
Intellectual property rights
User account
Use of the Website, App and Device
Payment
Right of withdrawal from online purchases
Defects
Complaints
Disclaimer
Assignment
Choice of law and venue
Changes to the Terms of Service
Agreeing to the Terms of Service
By accessing and using the Website you consent to these Terms of Service. If you do not agree with these Terms of Service, you must immediately leave the Website, cease to use it and delete your account if you have one. When downloading and installing the App, or at a later point when the Terms of Service have been updated, you have checked a box agreeing to the Terms of Service. For more information about our Privacy Policy for the Website, the App and the Device, please refer to Needit’s Privacy Policy.
Eligibility
The Website, App and Device may only be used by individuals who can form legally binding contracts under applicable law. They are not intended for minors. By using our Website, App or Device, you indicate that you have the right, authority, and capacity to enter into and abide by these Terms of Service.
Compliance
You must comply with applicable laws in the country in which you use the Website, App and Device, including local legislation on driving and traffic. Needit does not know whether the use of the App or Device is legal in your jurisdiction.
Intellectual property rights
Any content on our Website and our App, and any data or source code used for the Website or App, belong to Needit or one or more of our suppliers. We grant you a non-exclusive, revocable, and non-transferable right to access the Website and App. Your use of the Website or App or your purchase of the Device does not grant you any intellectual property rights to any content.
You automatically grant us all copyrights and database rights to the data registered by you through the App and/or Device when using the App and/or Device.
User account
To use the Website, App or Device, you will be required to register as a user. You may terminate your registration at any time if you do not wish to use the Website, App or Device.
Use of the Website, App and Device
The Website, App and Device are intended to improve traffic safety and to reduce your exposure to tickets. You may not use the Website, App or Device outside of the intended purpose.
You may only use the Website, App, and Device as a consumer, not commercially. This entails that you may not offer any third party a separate service that uses the Website, App or Device. Furthermore, you may not integrate the Website, App, or Device into a service offered by you or a third party, and you may not resell the services offered to you through the Website, App and Device.
You may not copy or store the data that you access through the Website or App.
Payment
You pay to purchase the Device. The use of the Website and App is free for now, but we reserve the right to suspend your access to your account and to the Website and/or App, if your payment of the Device is cancelled or you withdraw from the purchase of the Device.
We reserve the right to introduce payments for future upgrades of the Website and/or App.
We accepts payments via VisaDankort, Visa and MasterCard. We will not charge your account until the Device is shipped. All amounts are listed in DKK or EUR and include VAT. We use an approved payment provider and encrypt all your card information with SSL (Secure Socket Layer) protocol.
Right of withdrawal from online purchases
If you have bought the Device online, you have a right of withdrawal within 14 days without giving any reason. The withdrawal period expires 14 days after the delivery of the purchased Device. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the purchase by an unequivocal statement (e.g. a letter sent by mail or e-mail or through the standard cancellation form, which you will find at the bottom of the Terms of Service). You cannot cancel the purchase by refusing to receive the Device without notifying us at the same time.
To meet the withdrawal deadline, you just need to notify us that you would like to exercise your right of withdrawal before the end of the withdrawal period. If you withdraw from the purchase, we will reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs if you choose a type of delivery other than the least expensive type of regular delivery offered by us), without undue delay and in any case, no later than 14 days from the day on which we are informed of your decision to withdraw from the purchase. However, you must pay the shipping cost for returning the Device, and you take responsibility for the Device during the shipping. We will carry out your reimbursement using the same method of payment as used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement.
If you purchased several items from us, you have the option to return one or more items, even if the items were purchased in a single order. Please note, however, that in the event that you cancel part of your purchase, you will not be reimbursed for the shipping costs.
You are responsible for any deterioration of the Device due to your handling of the Device except what is necessary to determine its nature, features, and functionality. This entails that you may try the Device as you would in a physical store, but you may not put it into actual use. If the Device has been tested in excess of what is described above, we will consider the Device used and upon cancellation of the purchase you will only receive part of, or none of, the purchase amount, depending on the value of the Device. We do recommend that you return the Device in its original packaging; if the original packaging is missing, it may result in an impairment of the Device.
Packages are usually delivered within 2-5 days.
If you have bought the Device through another online retailer, your right of withdrawal and the shipping time are subject to that retailer’s terms.
Defects
Pursuant to the Danish Sale of Goods Act, you may complain about defects in the Device for 2 years after the purchase. If the Device is found to be defective within 6 months from the purchase, it is assumed to have been defective at the time of purchase, unless Needit demonstrates otherwise, for example that the defect was caused by damages or by incorrect operation of the Device.
If your complaint is justified, you can either get the Device repaired or exchanged depending on the situation. In some situations, you may be entitled to a refund. You must return the Device within a reasonable timeframe after discovering the defect.
We will cover return shipping costs to a reasonable extent. The Device must always be packaged properly when returned. Please describe in detail what the defect is, how you used the Device, and when the defect was discovered. Please get a receipt for the shipping cost if you want us to reimburse it. You can contact us at the above address. If you believe you are entitled to a refund, please send us your bank details so that we can make a transfer.
Complaints
If you want to complain about your purchase, you must contact Needit by e-mail at cancellation@driveone.eu or by phone (between 10 AM and 2 PM CET) at +45 70 22 15 35. If we are unable to find a solution, you may submit a complaint to the Danish Dispute Resolution Center and the Danish Consumer Complaints Boards, House of Committees, Toldboden 2,8800 Viborg, Denmark, on www.forbrug.dk. You may also use the European Commission’s online complaint portal, which will mainly be relevant if you are a consumer living outside Denmark. You can find the complaint portal here: http://ec.europa.eu/consumers/odr/.
Disclaimer
The Website and App are provided “as is”. Needit does not in any way guarantee that the Website or App will be fit for purpose or free of errors or interruptions.
You agree that the use of the Website, App and Device is at your own risk, and Needit is not liable for any direct or indirect damages or losses resulting from the use of or the inability to use the Website, App or Device.
Needit expressly encourages you to follow speed limits and traffic rules, and Needit is not liable for any speeding ticket you might get, regardless of whether you were warned by the App.
Assignment
Needit may assign its rights and obligations under the Terms of Service to any company in the same company group. Furthermore, Needit may assign its rights and obligations to a third party in connection with a merger, acquisition, sale of assets, or otherwise.
Choice of law and venue
The Terms of Service are governed by the laws of Denmark without any regard to its conflicts of law’s provisions.
Any dispute may be brought before Danish court as the initial chosen venue. If you are a consumer living in another EU country, you may also bring a dispute before the ordinary courts in the country in which you live.
Changes to the Terms of Use
Needit may change the Terms of Service at any time and without a notice.
Withdrawal form
Addressed to Needit Denmark ApS, Hammerholmen 18, 2650 Hvidovre, Denmark:
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service,
Ordered on/received on,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is filled in on paper),
Date