Terms and Conditions REKOLA Bikesharing Estonia OÜ

1. General provisions
1.1 General provisions
1.1.1. These Terms and Conditions of REKOLA Bikesharing Estonia OÜ (hereinafter referred to as "T&C") regulate the mutual rights, obligations and principles of the contractual relationship based on the framework contract for the rental of a means of transport, or the contract for the rental of a means of transport, concluded between REKOLA Bikesharing Estonia OÜ, with its registered office at Tartu mnt 67/1-13b, Tallinn 10115, ID No.:17045165 (hereinafter referred to as "Rekola") and the client of Rekola (hereinafter referred to as "User") for a fixed term (hereinafter referred to as "Contract"), which was concluded through a confirmation form available on the Rekola mobile application for iOS, Android or on the website https://app.rekola.cz or https://rekola.app (hereinafter referred to as "Application").
1.1.2 These T&C form an integral part of the Contract and further regulate certain provisions of the Contract.
1.1.3. The information provided in the App is also an integral part of the T&C and the Contract.
1.1.4 The terms and conditions contained in the Contract and any other agreements in writing between the Parties shall prevail over these T&C.
1.1.5 The Contract may be concluded for a single loan or on a long-term basis, for up to one calendar year.
1.1.6 The subject matter of the Contract is (i) short-term rental of non-motorised means of transport (hereinafter referred to as "Bike") designated on the basis of reservations for temporary use and (ii) the User's obligation to comply with the terms, conditions, rules and restrictions for such rental set out in the Contract and these T&C, as well as to pay the agreed Fare for the use of the Bike, in the amount and under the conditions set out in the Contract and these T&C.

1.2 Contact details and definitions
1.2.1 The contact address of Rekola is REKOLA Bikesharing Estonia OÜ, Tartu mnt 67/1-13b, Tallinn 10115
1.2.2. "Communication Channels" are: (i) the contact email address info@rekola.eu; (ii) the contact telephone number +420 277 277 930, which is available at least on weekdays between 9am and 5pm PRG time zone (hereinafter referred to as "Contact Hours"); and (iii) the chat application (available in the Contact Hours).
1.2.3. "Newsletter" means the email newsletter sent by Rekola. Rekola have several types of Newsletter, which can be automated ( = an email is sent when an action is performed) or manual. It is possible to unsubscribe from each type of newsletter in the footer of each email (according to the applicable Privacy Policy, see section 6.1.), except for the newsletter about the change of the T&C (see section 8.2.).
1.2.4. "Push notification" is a message sent to the App (iOS, Android) via Apple and Google channels respectively. Rekola is not responsible for the deliverability of such messages as they have no way of influencing or guaranteeing it.
1.2.5. "Website" means the website www.rekola.cz and other language variants (www.rekola.sk, www.rekola.ee, and so on...).
1.2.6 "Fares" means the rental charges for the use of the Bikes for the duration of the Contract or for specific uses of the Bikes. The amount of the Fare may vary from location to location or time to time. All Fares and their contents are available on the Website.
1.2.7 "Ride" means, for the purposes of these T&Cs, the period of time for which the User has a Ride Bike, the beginning and end of which is defined below.
1.2.8 The "Price List" is set out in its current form on the Website.
1.2.9. "Parking spots" are the specific locations where the Bike can be returned by the User. These include bike racks; locations marked by road signs; or other appropriate locations. Their current locations are indicated on the Application, usually with a photo.
1.2.10. "Subscription" means a daily, monthly or annual amount, once paid, that allows to make Rides up to a certain period of time without additional charge, as defined in the Price List or in the Application. Subscriptions are subject to the FUP Interval, defined below.
1.2.11. "Electronic Lock" means a lock on the Rear Bike that is unlocked via the App and manually locked by pressing down on the lock lever or in the Application (if possible).
1.2.12. "FUP Interval" means the number of minutes since the last Ride during which any subsequent Ride would be a continuation of the previous Ride.
1.2.13. „Law of Obligations Act“ means the Estonian Law of Obligations Act (võlaõigusseadus), in its current version.

1.3 Sharing of Bikes
1.3.1. The User declares that he/she is 18 years of age on the date of conclusion of the Contract.
1.3.2. Rekola allows the User to use the Bikes in the city areas indicated on the Website or in the Application.
1.3.3. Rekola communicates with the User primarily through the Application, the Website or also by electronic mail directly via the contact email address.
1.3.4 The Application is available 24 hours a day throughout the season, except for scheduled necessary system maintenance and unexpected technical problems.
1.3.4.1 Rekola shall have the right to suspend the functionality of the Applications for reasons of (i) security, (ii) suspected unauthorized or fraudulent use, (iii) suspected use of the Bike in violation of the Contract and/or the T&C, (iv) violation of the T&C, in particular non-payment of due obligations to Rekola, for the duration of the reasons for suspension of the functionality of the Application. The User will be notified of this fact through the Application or by means of electronic communication.
1.3.4.2. If User's mobile application on iOS or Android does not work (for whatever reason) in the case when it was not a reported downtime (see clause 1.3.4.), User is obliged to report this event to Rekola.
1.3.4.3. If the User considers that the Application could be misused (e.g. in case of loss of mobile phone, etc.), User is obliged to contact Rekola immediately.
1.3.5 The User may only have one account within the Applications.
1.3.6. The maximum duration of the Ride is 2 days (48 hours). The price of the Ride, including its variants, is determined by the current Price List listed on the Website. In justified cases, Rekola are entitled to terminate the Ride before the expiry of this period. In such cases, they will let the User know via Push Notification.
1.3.7 Repeated Rides are possible up to a maximum of 20 Rides of different Bikes per day.
1.3.8. Only the User may use the Bike, unless the User has rented another Bike for a third party via the Application (hereinafter also referred to as "Associated Person"). In such a case, the User agrees to be fully liable for any damage caused to Rekola. At the same time, User undertakes to ensure that the Associated Person fulfils all obligations arising from the Contract and these T&Cs.
1.3.9. Any other transfer of the Bike by the User for use to a third party (except for an Associated Person) or subletting of the Bike, whether for a consideration or not, is a material breach of the Contract entitling the User to a contractual penalty (see clause 5.1.5.). If damage is caused to the Bike by a third party to whom the Bike has been made available in violation of the Contract, the User who made the Bike available to the third party or made the Bike available to the third party by his/her actions shall be fully liable for such damage.
1.3.10. Bikes can only be returned in the city in which they were rented, at the Location indicated in the Application.


2.Use and Hire of Bikes
2.1. Ride Bikes
2.1.1 Before using the Application for the first time, the User is required to complete a valid debit or credit card (hereinafter referred to as the "Card") and pay a registration fee of up to 1 CZK / 0.01€. The Card may be automatically charged for extra fines or services, including longer Rides, etc., always according to the current Price List. The Service cannot be used without a valid Card. The User is obliged to enter a Card that has been issued in his/her name only.
2.1.2. If the User owes Rekola, Rekola may reassign the Card to the Account and withdraw the relevant amount corresponding to the fine (see section 5.1.5.) from the Card. The User is notified of such action by the Application or by e-mail.
2.1.3. In the event that the User has not made a successful payment transaction on the already entered Card for 11 months, Rekola may make a transaction of 1 CZK / 0.01€ from the User's Card, which will be immediately returned to the Card. This will ensure the functionality of the Card in the Application for the User for the duration of the Card's validity.
2.1.4 Each Bike is provided with a unique verification code and QR code. The User is only allowed to enter the verification code / QR code of the Bike User is physically present at. After entering it into the Application and paying the payment for the rental of the Bike, if applicable, the Ride or the conclusion of the Contract takes place - the Electronic Lock is thus unlocked by the Application.
2.1.5 For the duration of each Ride, the User shall have: (i) the exclusive right to use the relevant Bike for riding on roads on which such riding is permitted; (ii) the right to use the Bike for his personal transport and, where applicable, for the transport of a reasonable amount of his belongings. The carriage of any goods on the Bike shall not in any way restrict the User or other road users or impair their safety; (iii) responsibility for the risk of damage to the Bike and the obligation to use the item as a proper steward for the agreed purpose; (iv) the obligation to report any defects in the Bike via the Communication Channels.
2.1.6 Each User rides at his own risk. Although Rekola regularly services and maintains all Bikes, before each Ride the User is obliged to check the overall condition of the Bike, especially: (i) brakes - front and rear, (ii) condition of wheels and tyres, (iii) tightening of the head assembly and serviceability of the handlebars.
2.1.7. In the event of discovery of a defect that does not allow for a smooth and safe ride, the User is obliged to inform Rekola via the Application and report the Bike as unrideable and lock it back to the Parking spot (see clause 2.2). Rekola shall not be liable for any damage caused by the poor condition of the Bike that may have been discovered by the User in this way.
2.1.8 The User is obliged to comply with the relevant legislation governing road traffic rules, in particular the obligation to use hand signals and the prohibition of riding on pavements. In the event of a breach of these obligations, the User acknowledges the possible incurrence of liability for an offence.
2.1.9. Rekola reserves the option to increase the FUP interval up to 60 minutes for Users for whom Rekola expects extensive use of repeat rentals through the Subscription - in particular delivery, courier or similar services. For other Users using the Subscription, the FUP interval is 15 minutes.
2.1.10. During the period of the Ride, the User is obliged either to be physically present on the Bike or to lock the Bike with the Electronic Lock and subsequently indicate his/her will to continue the Ride (see 2.2). Rekola are entitled to terminate the Ride and transfer the Bike to another User if such User finds the Bike unlocked.

2.2 Return of the Bike
2.2.1 The User terminates the Ride by locking the Electronic Lock - i.e. by pressing the lever and waiting for an acoustic signal to confirm and then receiving a Push Notification; or (on some Bikes) to indicate ending of Ride in Application. Subsequently, the application displays a confirmation of the lock and the return of the bike. This completes the Ride. Immediately thereafter, the User can indicate in the Application his/her wish to continue the Ride - in this case, the Bike is not returned and the Ride continues. If the User does not receive a Push Notification after pressing the lever, or if the lock confirmation is not displayed in the Application, the User is obliged to immediately contact Rekol via the Communication Channels.
2.2.2. The User is obliged to place the bike in the Parking spot whose location is indicated in the Application. This means: (i) the location marked by horizontal traffic signs for bicycle storage (hereinafter referred to as the Physical Marking), (ii) if there is no Physical Marking, the location marked on the photograph at the Parking spot in the Application (hereinafter referred to as the Virtual Marking), (iii) in other cases, within a maximum of 20m from the location marked in the Application.
2.2.3. The User agrees that a penalty of 500 CZK / 20€ will be automatically added if the Bike is returned outside the Parking spot, see section 5.1.5.5.
2.2.4 The User undertakes to place the Bike at all times so that: (i) it does not interfere with the movement of pedestrians, cyclists, any traffic on the roads or the operation of third party businesses; (ii) it is placed in a public space or a publicly accessible place that is suitable for bicycle parking or is directly designated for bicycle parking; (iii) in the case of both Physical Marking and Virtual Marking, the User is obliged to place the entire Bike in the designated area
2.2.5. if the User returns the Bike to a location where the sky above the Bike is not visible - i.e. there is a reasonable concern that the GPS locator will not work well, the User undertakes to check within 10 minutes of returning the Bike that the Bike is positioned on the map in the Application at the exact location where it actually is. If this is not the case, the User is obliged to inform Rekola of this information immediately thereafter via the Information Channels.
2.2.6 The User undertakes not to lock the Bike with any other lock.

2.3 Fares and subscriptions
2.3.1 Rekola charges for its standard services in accordance with the Price List.
2.3.2. In case of purchase of a monthly Subscription, the User will be automatically deducted from the Card the monthly amount of the Subscription according to the Price List until the User deactivates the Subscription. The payment is deducted on the day the User purchases the Subscription or on the last day of the month. The User may deactivate the Subscription at any time - in this situation the Subscription is not extended for the next period.
2.3.3 The Single Fare is payable immediately upon commencement or termination of the Ride in accordance with clause 2.2 of these T&C and will be automatically deducted from the User's Card.
2.4 Benefit Programmes
2.4.1 For Users who have a Subscription for a longer period of time, Rekola may provide additional benefits ("Subscriber Benefit") listed in the Application. By cancelling the Subscription, the User immediately loses the Subscriber Benefit, however, the User may use the Fare in its basic form until the end of the paid period.


3. Termination of the Contract
3.1 Termination of the Contract
3.1.1 The Contract may be terminated by (i) mutual agreement, (ii) termination by one of the Parties, (iii) withdrawal from the Contract due to a serious or repeated breach of contractual obligations by the other Party, or (iv) termination by the User due to a change in the T&C in accordance with clause 8.3.2.
3.1.2. the Contracting Party shall deliver the notice to the other party in accordance with the rules for delivery set out in the T&C (see Section 4).The termination does not release the Party from valid obligations for the negotiations that have taken place, including liability for damages or amounts due.

3.2 Withdrawal from the Contract for breach of the terms of the Contract and the T&C
3.2.1 If the User seriously or repeatedly breaches the Contract or the T&C, Rekola may withdraw from the Contract, whereby the contractual relationship is terminated on the date of delivery of the withdrawal to the User in accordance with the rules on delivery (see clause 4.).
3.2.2. A serious breach of the Contract means, in particular: (i) sharing User accounts (one User allows another person to use the Bike sharing system), (ii) using the Bike without renting it within the Application, (iii) locking the Bike in buildings and locations not accessible to the public; (iv) leaving the Bike unlocked on the street, (v) repeatedly inaccurate input of the location of the Bike in the Application, (vi) machine downloading of data from the Application or its parts, respectively. Any other misuse of the Application and the Website and the data available therein.
3.2.3. In the event of Rekola's withdrawal from the Contract for the above reasons, the User shall not be entitled to a refund.
3.2.4. In the event of a serious or repeated violation of the T&C, Rekola may prevent the User from further use or re-registration to the Application, even in the future.

3.3 Right of Withdrawal regardless Law of Obligations Act
3.3.1. The User, as a consumer, has the right to withdraw from the Contract within fourteen days from the date of conclusion of the Contract in cases where the Contract is concluded at a distance or outside the usual business premises of Rekola.
3.3.2. If the User withdraws from the Contract pursuant to this clause 3.3, Rekola shall return to the User, without undue delay and no later than within fourteen days of withdrawal from the Contract, all funds, including delivery costs, received from the User under the Contract in the same manner. Rekola shall return the funds received to the User in another way only if the User agrees to this and if no additional costs are incurred.
3.3.3.3. The User shall be liable to Rekola only for the reduction in value of the Bike which has arisen as a result of handling the Bike differently than it is necessary to handle it with respect to its nature and characteristics.
3.3.4. If the User withdraws from the Contract, the subject of which is the provision of services, and Rekola has started the performance based on the User's express request before the expiry of the withdrawal period, Rekola shall pay the pro rata part of the agreed price for the performance provided up to the moment of withdrawal from the Contract. If the agreed price is unreasonably high, the User shall pay to Rekola a proportionate part of the price corresponding to the market value of the performance provided.


4. Rules of communication with Rekola
4.1 Notification and delivery
4.1.1. In all cases, where permitted by law, Rekola shall deliver documents, notices, information or warnings (hereinafter referred to as "Notices") to the User by electronic means (in particular e-mail, SMS or other electronic means of communication).
4.1.2. Similarly, the User undertakes to communicate with Rekola primarily by electronic means (e-mail, chat in the application).
4.1.3: The notice shall be deemed to have been duly given at the time of:
4.1.3.1. receipt of the Notice if it is a personal delivery,
4.1.3.2. receipt of the Notice by the addressee, if delivery is by mail or courier service; or, if the User fails to accept the Notice, (i) the expiration of the third business day after the date on which the Notice is deposited at the post office or delivery is attempted by the postal service provider; or (ii) the date on which the User refuses to accept receipt,
4.1.3.3. the expiry of 24 hours after posting, in the case of delivery by electronic means.
4.1.4 The User shall notify Rekol without undue delay of any change in contact details. Proper delivery of such Notification will result in a change to the User's personal data without the need to enter into an amendment to the Contract.


5. Liability for damages and defects, claims
5.1 Liability of the User
5.1.1. The User is obliged to ensure that no damage is caused to the Bikes. The User shall be liable for damage even if by his/her acts or omissions he/she makes the Bike available to other persons (including an Associated Person).
5.1.2 The User shall be liable for the destruction, loss, damage and depreciation of the Bike beyond normal wear and tear or its equipment, regardless of the degree of his actual fault, but not in the case where the damage was caused by Rekola.
5.1.3. Traffic accident
5.1.3.1 In the event of any traffic accident, the User shall proceed in accordance with applicable law. In the event of an accident, the User is obliged to provide Rekola with the necessary assistance in all administrative tasks related to the settlement of the insurance claim. Any damages incurred by third parties shall be borne by the User in accordance with generally binding legislation and the extent of User's fault. Any damage to Kola caused by its acts or omissions shall be fully reimbursed by the User to Rekola.
5.1.4 Theft of the Bike
5.1.4.1 The User undertakes to inform Rekola immediately in the event of the theft or attempted theft of the Bike, in which damage to the Bike has occurred, via the Application.
5.1.4.2 The User further undertakes to provide Rekola with all necessary assistance in reporting the above-mentioned cases to law enforcement authorities, e.g. the Police of Estonia or other administrative authorities.
5.1.5. Contractual penalties
5.1.5.1 Rekola want to build a reliable service for all Users. In the event of a breach of the T&C by the User, Rekola shall first and foremost try to warn the User; however, it may also proceed to the financial penalties listed below, especially in situations where the breach of the T&C by the User is repeated.
5.1.5.2 The User undertakes to pay any fines imposed by the competent administrative authorities in connection with the use of the Bike, if such use of the Bike was in violation of generally applicable law. If Rekola is directly sanctioned in such a case, it shall be entitled to recover all costs related to the payment of the sanction from the User under a recourse claim.
5.1.5.3 If the User (i) uses the Bike in any way without renting it within the Application (see clauses 2.1.5 and 3.2.2, respectively), (ii) lets a third party use the Bike or (see clause 1.3.9) , (iii) leaves it unlocked on the street (see clauses 2.1.10, 2.2. ), (iv) returns the Bike more than 1 km from the nearest Parking spot, (vi) repeatedly (even after a warning) locks the Bike so that other Users cannot find it (see clause 2.2.), Rekola may recover from the User a contractual penalty of up to 2000 CZK / 100€ for each such case. Rekola shall determine the amount of the contractual penalty according to the circumstances, in particular in relation to the damage incurred by Rekola as a result of the User's actions and the frequency of such actions of the particular User.
5.1.5.4. In the event that the Bike is stolen, destroyed or seriously damaged as a result of the User's breach of the obligation under the preceding paragraph, Rekola may recover from the User a contractual penalty of up to 15000 CZK / 600 € per regular Bike.
5.1.5.5 If the User terminates the Ride outside the Parking spot, but within 1 km from the nearest Parking spot, Rekola may recover a contractual penalty of up to 500 CZK / 20€ from the User.
5.1.5.6 Rekola is entitled to charge the contractual penalty directly to the User's Card. The User shall be notified of this fact by e-mail, together with a justification.

5.2 Liability of Rekola
5.2.1. The User acknowledges that Rekola shall not be liable for any damage caused to the User or any other person in the event of the inability to use the selected Bike temporarily or permanently, as well as damage caused by the failure to carry out the planned Ride due to the unavailability of the reserved Bike or the failure to achieve the goal of the completed Ride due to a malfunction of the rented Bike.
5.2.2 Rekola shall not be liable for any damages arising in connection with any properly announced or planned downtime of the Applications or any part thereof. Outages announced well in advance via the Website or other demonstrable and appropriate means shall be deemed to have been duly announced. Rekola shall not be liable for errors in the operation of the Applications caused by third parties, such as mobile, data or internet service providers.
5.2.3 Rekola shall not be liable for any damage to items left in the basket, phone holder or otherwise transported on the bikes.

5.3 Complaints Policy
5.3.1 If the User believes that Rekola has failed to comply with any of its obligations (whether arising from legislation, the Contract or the T&C), or if the User disagrees with a particular action of Rekola or with the conduct and behaviour of their employees or collaborators, the User may make a complaint. The complaint may be delivered to Rekola in accordance with the delivery rules of these T&C (see section 4.).
5.3.2 The User shall not unnecessarily delay the filing of a complaint so that it can be resolved as soon as possible and correctly. For a quick resolution, the User shall provide the following information: (i) name, surname, telephone number, e-mail; (ii) description of the event or matter to which the complaint relates, or related documents (e.g. photographs of the Bike).
5.3.3. Rekola will confirm receipt of the complaint to the User by e-mail. Rekola will respond to the complaint immediately, within three days at the latest. The complaint shall be settled without undue delay, at the latest within 30 days from the date of receipt of the complaint. During the processing of the complaint, Rekola may ask the User to supplement or clarify the necessary information. The period of time during which the User completes the data and necessary information shall not be included in the 30-day period for processing the complaint. Rekola shall notify the User of the result of the complaint by e-mail.


6. Handling of personal data and responsibility for the photographs taken
6.1 Rekola is the controller of personal data in accordance with the General Data Protection Regulation (EU) 2016/679. Information on the manner and scope of processing and the rights of Users as data subjects are contained in the Personal Data Processing Policy available at https://www.rekola.cz/files/zoou-ee.pdf.
6.2 Rekola is entitled to process photographs taken by the User on the Application. The User grants Rekola a time-limited, royalty-free, non-exclusive licence to use the photographs taken without territorial limitation, in particular, but not exclusively, by way of publication in print and online media, printing in Rekola's press and promotional materials, without limitation and without compensation.
6.3.The User confirms that the taking of the photograph in the Application will in no way infringe or jeopardize the rights of third parties and the User undertakes to indemnify Rekola against any claims made by such parties against Rekola.


7. Other rights and obligations of the parties
7.1 The Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet), with registered office at Endla 10A, 10142 Tallinn, Estonia, internet address: https://www.ttja.ee, is competent for out-of-court settlement of consumer disputes. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
7.2 The European Consumer Centre Estonia (Euroopa Tarbijakeskus), located at Rahukohtu 2, 10130 Tallinn, Estonia, internet address: https://consumer.ee is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).


8. Final provisions
8.1 Declaration by the User
8.1.1. The User expressly declares that (i) has full legal capacity; (ii) at the time of conclusion of the Contract, all information and documents provided to Rekola are up-to-date, complete, accurate and correct, and that no material facts have been withheld from Rekola; (iii) prior to the conclusion of the Contract, the User has been informed of all facts related to the terms and conditions of the Service, including the amount and due date of payments required by Rekola; (iv) he/she has read and agrees to the Contract, the T&C, the Application and other rules related to the operation of the Rekola System.
8.1.2 All legal relations between the User and Rekola shall be governed by Estonian law.
8.1.3. All communication between the User and Rekola shall be conducted in the English language.


8.2 Changes to the T&C
8.2.1. In order to improve the quality of the services provided, following the development of legal regulations and also with regard to Rekola's business policy, Rekola is entitled to change theseT&C or the Personal Data Processing Policy. In such case, Rekola is obliged to: a) request the User's consent in the event of an immediate change to the T&C or the Policy. Until such consent is given, the User will not be able to use the Application and any new functionalities; or b) notify the User of the change to the T&Cs via the Information Newsletter no later than 30 days before the date on which the change to the T&Cs is to take effect. If Rekola fails to do so, the terms and conditions agreed to prior to the change shall apply to the User.
8.2.2 A change to the T&C or the Personal Data Processing Policy shall entitle the User to reject the changes and withdraw from the Contract for this reason. The withdrawal from the Contract must be delivered to Rekola at least one day before the effective date of the change of the T&C or the Personal Data Processing Policy according to the rules for delivery (see clause 4.). If the User does not exercise his right to withdraw from the Contract after notification of the change, this shall be deemed to be his acceptance of the change.
8.2.3 If any provision of the Contract, the T&C or the Data Processing Policy is found to be invalid or unenforceable, or becomes invalid or unenforceable, this will not affect the validity and enforceability of the other provisions of the Contract or the T&C.

8.3 Validity and effectiveness
8.3.1 These T&Cs shall come into force on 9 August 2024 and shall become effective for the User upon consent to these T&Cs (in the Application).
8.3.2 The User agrees that Rekola may amend the T&Cs to a reasonable extent. If any change is necessary, Rekola shall notify the User of such change in advance. If the User does not agree to the changes, the User is entitled to terminate the Contract and theseT&Cs.