We are the Whoosh company (WHOOSH BR ALUGUEL DE PATINETES LTDA; CNPJ 46.040.789/0001-05; NIRE 35.238.957.615; Sao Paulo, Rua Líbero Badaró, No. 158, 22º andar, conjunto 221, parte , Centro, ZIP CODE 01008-904), a service for electric scooter and electric bicycle sharing.
This document, the Loyalty Program Terms and Conditions, describes the conditions for providing Whoosh Loyalty Program ("Program") participants with the option to receive and use (exchange) bonus points and other bonuses when purchasing (paying for) the services of Whoosh in Brazil.
We reserve the right to periodically change the Whoosh Loyalty Program Terms and Conditions. If changes are made to the Terms and Conditions, the updated version will be posted on the Service's website and in the mobile application immediately. 1. TERMS AND DEFINITIONS
1.1. The Program, Loyalty Program or Whoosh Loyalty Program is a multi-level system with various discounts and bonuses. Participation in it allows Program Participants to earn bonus points (Whoosh Points) for the purchase (payment) of the Organizer's services in Brazil and use (exchange) of such points to receive discounts and additional bonuses when purchasing the Organizer's services.
1.2. Participants or Program Participants are individuals who are Users of the Service in accordance with Clause 1.18 of the Public Offer using the Mobile Application as defined in Clause 1.7 of these Terms and Conditions.
1.3. Program Area includes all cities (separate administrative divisions) where the service is in operation in Brazil.
1.4. Bonus Points or Whoosh Points are credited by the Organizer to the Participant's Bonus Account in accordance with these Terms and Conditions. Bonus points are not and cannot be means of payment or any other type of currency or security. Bonus points allow the Program Participant to receive discounts on the Organizer's services. One Woosh Point (Bonus Point) provides the Program Participant with the option to receive a discount in the amount of one 0,01 BRL in the manner prescribed by these Terms and Conditions. Whoosh Points (Bonus Points) are not cash and can be used exclusively as part of the Program. The exchange of Whoosh Points for cash of any currency is not allowed and cannot be carried out.
1.5. Bonus Account is the accounting and informational data about the Program Participant displayed in the Program Participant's account in the Mobile Application: the Balance (current volume) of Whoosh Points, the number of Whoosh Points accrued or deducted when purchasing services, the current Program Level and conditions for advancing to the next Level, and the number points that can be exchanged for a discount when purchasing services.
1.6. Balance is the number of Whoosh Points available for use. The Participant can check their Balance in their Mobile Application account (personal cabinet).
1.7. Mobile Application is the mobile Android and iOS application available to Participants to use the Whoosh Micromobility Platform (as defined in Clause 1.16 of the Public Offer). This term includes both the current version of the Mobile Application and all its subsequent updates and new versions.
1.8. Subscription is a feature of the Mobile Application that is activated when the Subscription is provided as a bonus by the Organizer at the time of bonus provision or at another time determined by the Organizer when providing the bonus, and upon the activation of which the terms of payment and license fee for the right to use the Mobile Application change in accordance with the conditions specified in the description of the Subscription, as well as other conditions for using the Mobile Application specified in the description of the Subscription available in the Mobile Application.
1.9. Organizer is the WHOOSH BR ALUGUEL DE PATINETES LTDA; CNPJ 46.040.789/0001-05; NIRE 35.238.957.615; Sao Paulo, Rua Líbero Badaró, No. 158, 22º andar, conjunto 221, parte , Centro, ZIP CODE 01008-904
1.10. Organizer Services are the provision to the Participant in accordance with the terms of the Public Offer of a License (as defined in the Public Offer) and/or the means of individual mobility (MIM) for Rental (as defined in the Public Offer).
1.11. Ride is the use by the Participant of the MIM of the Organizer accepted for Rental (as defined in the Public Offer) in accordance with its intended purpose. 2. GENERAL PROVISIONS
2.1. These Terms and Conditions for the participation of individuals in the Whoosh Loyalty Program ("Terms and Conditions") govern the conditions for providing Program participants with the option to receive bonus points for purchasing (paying for) the Organizer's services in Brazil and exchanging such bonus points to receive discounts and additional privileges when purchasing the Organizer's services.
2.2. The Organizer has the right to change these Terms and Conditions at any time with the obligatory notification of Participants by publishing an updated version of the Terms and Conditions on the website and in the Mobile Application no later than the day preceding the day the changes take effect. 3. LOYALTY PROGRAM PARTICIPATION CONDITIONS
3.1. Every Program Participant from the start of the Program in accordance with these Terms and Conditions receive Whoosh Points displayed on their Balance and earn other bonuses as provided for by these Terms and Conditions.
3.2. The Organizer has the right to suspend or terminate participation in the Program for any Participant in cases where the Organizer confirms violations by the Participant of the conditions set forth in the Public Offer if such violations, in accordance with the Public Offer, result in the blocking of the Participant's account in the Mobile Application.
3.3. Program Participants are not entitled to demand the payment of any compensation related to accrued and unused Whoosh Points or other bonuses provided under the Program.
3.4. The Program Participant is fully responsible for compliance with these Terms and Conditions. Under no circumstances shall the Organizer be liable for direct or indirect damages caused to the Participant as a result of the use or inability to use Whoosh Points or other bonuses, if such damages arose through the fault of third parties and/or the Participant themselves. 4. LOYALTY PROGRAM TIERS. PROCEDURE OF ACCRUAL AND USE OF BONUS POINTS AND OTHER BONUSES
4.1. The loyalty program includes several tiers described in detail in the Mobile Application. Changing to a different tier is carried out automatically when the Participant meets the requirements to achieve the tier specified in the corresponding menu section of the Mobile Application.
4.2. When the Program starts (on the day it starts), the Organizer has the right to increase the Participant's tier if the Participant meets the requirements of the tier in the period preceding the start of the Program.
4.3. Whoosh Points are accrued automatically when the services of the Organizer are purchased provided that the previously accrued Whoosh Points were not used by the Participant to purchase services. When a Participant uses Whoosh Points to receive a discount on the Organizer's Services, Whoosh Points for the purchase of such Services are not accrued.
4.4. Whoosh Points can be accrued as cashback when the Participant takes Rides (except for Rate for the Day Rides), and the Organizer has the right to accrue additional Whoosh Points to the Participant if the Participant travels a certain number of kilometers during Rides after the start of the Program.
4.5. The number of Whoosh Points accrued in the form of cashback for rides depends on the Program tier on which the Participant is located, and is determined as a set percentage of the amount paid by the Participant in cash (excluding the amount paid using promo codes and discounts) for Rides expressed as a numerical value rounded down to the nearest whole number. The percentage at each tier is determined by the Organizer and indicated in the Mobile Application in the corresponding menu section.
4.6. The use of Whoosh Points on the conditions determined by the Organizer for each of the tiers and specified in the Mobile Application is carried out by using the Spend Points option. When using Whoosh Points, the Participant receives a discount on the Organizer's Services, the amount of which can reach 100% if the Participant has enough Whoosh Points.
4.7. The change of a Participant to a certain Program tier is carried out automatically after completing the number of Rides determined by the Organizer and specified in the Mobile Application in the corresponding menu section within one calendar month.
For the purposes of changing to the next tier, a Ride is understood to be either a single trip fully paid by the Participant lasting at least 5 (five) minutes without the use of any promo codes, discounts, or the Rate for the Day, or any number of trips made with the Rate for the Day.
4.8. At the beginning of each calendar month, the number of Rides taken into account in the previous month to determine the Program tier is reset to zero. The Participant remains at the Program tier they achieved or confirmed in the previous month. For the purposes of this Clause, tier confirmation means that a Participant who has already reached a certain tier, after the number of Rides is reset, must complete the same number of Rides required to reach the corresponding tier during the current calendar month. If the tier is not confirmed by the Participant, at the beginning of the next calendar month the Participant changes to the Program tier that is one lower.
4.9. Whoosh Points are accrued and become available for use within 24 hours from when the rides they are accrued for are completed.
4.10. Whoosh Points do not expire. An exception is if the Program is terminated by the Organizer in accordance with Clause 5.5 of these Terms and Conditions.
4.11. The Program Participant can at any time check the information about their Balance in the Mobile Application. The Participant can also obtain information on the number of Whoosh Points accrued or spent purchasing Services in the Ride History section of the Mobile Application.
4.12. If the Participant receives a full refund for a Ride for any reason, the Whoosh Points accrued for such Ride in the form of cashback are canceled by the Organizer. If by the time the refund is made there are fewer Whoosh Points on the Participant's Balance than accrued for the corresponding Ride, the Participant's Balance is reset to zero. If the Participant receives a partial refund, the conditions of this paragraph shall not apply.
4.13. If the Participant receives a refund for a Ride for any reason, the refund cannot be for an amount larger than what was actually paid by the Participant after applying the discount received using Whoosh Points; Whoosh Points are not included in the amount to be refunded . In this case, the Whoosh Points used by the Participant to receive a discount for the corresponding Ride are canceled and not refunded to the Participant's Balance.
4.14. In the event of system errors, the option to use Whoosh Points to receive a discount on the Organizer's Services may be temporarily limited. In this case, the Participant will be credited with Whoosh Points for the purchase of relevant services in accordance with Clause 4.2 of these Terms and Conditions. 5. OTHER CONDITIONS
5.1. The Participant undertakes to independently monitor the introduction of changes and additions to these Terms and Conditions. Notification by the Organizer of Participants regarding changes in the Terms and Conditions is carried out by posting the updated version of the Terms and Conditions on the website and in the Mobile Application no later than the day preceding the day the changes take effect.
5.2. When these Terms and Conditions are changed, the Organizer has the right to change the conditions for changing tiers in the Program, the number of Whoosh Points provided, and the maximum discount that the Participant can receive using Whoosh Points, as well as change other bonuses provided or cancel the provision of other bonuses.
5.3. The Organizer has the right to inform the Participant regarding the accrual of Whoosh Points for Rides, changing to a new Program Tier, or about activating a Subscription by sending informational push notifications in the Mobile Application.
5.5. The Organizer has the right to suspend or terminate the Program at any time with the obligatory notification of the Participant in the Mobile Application.