1. Contractual Relationship
These Terms of Use (“Terms”) govern the access and use by you, an individual, of the easycap hailing services (the “Services”) made available by easycap or its relevant subsidiary (as set out in Annex 1 herein) on the easycap Platform. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the relevant easycap hailing entity as set out in (“easycap”). For the purpose of these Terms, easycap Inc. and its subsidiaries including but not limited to easycap Networks and its respective subsidiaries are collectively referred to as the “easycap Group”.
The Services are made available on the Careem Platform and will be accessed in connection with services and content (including advertising) of easycap Technologies that the easycap Group does not control. You acknowledge that different terms of use and privacy policies may apply to your use of the Careem Platform and they will be shared with you from time to time by easycap Technologies. The easycap Group does not endorse such third party services and content and in no event shall any entity of the easycap Group, or any legal representatives, administrators, successors-in-interest, permitted assigns of the easycap Group, be responsible or liable for any products or services of the easycap Technologies' Everything App.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
General Community Guidelines applicable to all users of the Services are linked here and are considered an integral part of these Terms.
If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the access or use of the Services. easycap may immediately terminate these Terms or the Services with respect to you, or generally cease offering or denying you access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain parts of the Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms will be effective upon their disclosure to you. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
easycap may amend the Terms related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in the Privacy Policy of the easycap Group located here. The easycap Group may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services enable you, through the easycap Platform, to arrange and schedule transportation services with independent third party providers of such services, including independent third party transportation providers under agreement with the easycap Group (“Third Party Providers”). Unless otherwise agreed by easycap in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT THE easycap GROUP AND MORE SPECIFICALLY THE easycap ENTITY WITH WHOM YOU HEREBY CONTRACT DO NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY THE easycap GROUP.
License.
Subject to your compliance with these Terms, easycap grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the easycap Group and the easycap Group’s licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by easycap; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under easycap various brands or request options associated with transportation including the transportation request brands such as (without limitation) easycap Go and easycap Go+. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of easycap’ affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content.
The Services are made available and will be accessed in connection with third party services and content (including advertising) that the easycap Group does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The easycap Group does not endorse such third party services and content and in no event shall easycap be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain the easycap Group’s property or the property of easycap Group’s licensors (as applicable). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the easycap Group’s company names, logos, product and service names, trademarks or services marks or those of easycap Group’s licensors.
3. Your Use of the Services
User Accounts.
In order to access and use the Services, you must register for and maintain an active personal user account on the easycap Platform (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18). Account registration requires you to submit to Careem Technologies certain personal information, such as your name, address, mobile phone number and age. You may be required to add a valid payment method (such as credit card or other eligible digital payment method) in order to access and use the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services and may also result in easycap’ terminating this Agreement with you. You are responsible for all activity that occurs under your Account, even as a result of loss or theft of the device through which you access the easycap Platform. Should you suspect that any other person may be using Services through your Account, or you suspect any other breach of security, you must notify us immediately.
User Requirements and Conduct.
The Services are not available for use by persons under the age of 18. You may not allow persons under the age of 18 to receive transportation from Third Party Providers unless they are accompanied by you. These age limitations apply unless easycap' guidelines, terms or policies for your local market say otherwise. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Users shall not misuse the Third Party Provider’s vehicles or use such vehicles for any illegal purposes.
Users shall not engage in any illegal activities while availing from a transportation service such as sexual acts, drinking alcohol, smoking or carrying any kind of drugs of narcotics. Users will be solely responsible for any such prohibited acts.
Text Messaging.
By creating an Account and availing of the Services, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Communications from easycap may include, but are not limited to: operational communications concerning your User Account and theI Services; updates concerning new and existing features on easycap; communications concerning promotions run by us or our third-party partners; and news concerning easycap and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact and/or review the Privacy Policy for further information.