Apni Sawari A Company With Its Registered Office At Androon Gali, House No 107 A, Mohalla Old Civil Line, Sargodha, Pakistan (Registration Number 0153887 ) In July 2020. Apni Sawari Is Defined As (“Apni Sawari”, “We”, “Us” Or “Our”), And By Which Expression Includes Apni Sawari’s Relevant Legal Representatives, Administrators, Successors-In-Interest, Permitted Assigns And Affiliates (“Affiliates”). These Terms Of Service Constitute A Legally Binding Agreement (The “Agreement”) Between You And Your Local Apni Sawari Entity. This Agreement Governs Your Use Of The Apni Sawari Application, Website, Call Centre And Technology Platform (Collectively, The “Apni Sawari Platform”). Generally, The Right To Operate The Apni Sawari Platform Is Licensed By Apni Sawari To Its Relevant Affiliates, And The Relevant Affiliate In Your Jurisdiction Provides You The Right To Access And Use The Apni Sawari Platform In Your Jurisdiction. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE APNI SAWARI PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE APNI SAWARI PLATFORM. Your Access And Use Of The Apni Sawari Platform Constitutes Your Agreement To Be Bound By This Agreement, Which Establishes A Contractual Relationship Between You And Apni Sawari. Apni Sawari May Immediately Terminate This Agreement With Respect To You, Or Generally Cease Offering Or Deny Access To The Apni Sawari Platform Or Any Portion Thereof, At Any Time For Any Reason Without Notice. Supplemental Terms May Apply To Certain Services (As Defined Below), Such As Policies For A Particular Event, Loyalty Programme, Activity Or Promotion, And Such Supplemental Terms Will Be Disclosed To You In Connection With The Applicable Services. Supplemental Terms Are In Addition To, And Shall Be Deemed A Part Of, This Agreement For The Purposes Of The Applicable Services. Supplemental Terms Shall Prevail Over This Agreement In The Event Of A Conflict With Respect To The Applicable Services. Apni Sawari May Amend This Agreement From Time To Time. Amendments Will Be Effective Upon Apni Sawari’s Posting Of An Updated Agreement At This Location Or The Amended Policies Or Supplemental Terms On The Applicable Service. Your Continued Access Or Use Of The Apni Sawari Platform After Such Posting Constitutes Your Consent To Be Bound By This Agreement, As Amended. Our Collection And Use Of Personal Information In Connection With The Apni Sawari Platform Is As Provided In Apni Sawari’s Privacy Policy. Apni Sawari 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 And Such Information Or Data Is Necessary To Resolve The Complaint, Dispute Or Conflict.
The Apni Sawari Platform Provides A Digital Network Which Functions As A Marketplace Where Persons (“Users”) Who Seek Personal Transportation Services, And/Or Logistics Services (“Services”) Can Be Matched With Persons , Including Drivers )“Captains”) Who Can Provide The Services. Each User Shall Create A User Account That Enables Access To The Apni Sawari Platform. Any Decision By A User To Make Use Of Or Accept Services Is A Decision Made In Such User’s Sole Discretion. Each Service Provided By A Captain Or Other Third Party Provider To A User Shall Constitute A Separate Agreement Between Such Persons. Materials Posted On The Apni Sawari Platform Are Not Intended To Amount To Advice On Which Reliance Should Be Placed. We Therefore Disclaim All Liability And Responsibility Arising From Any Reliance Placed On Such Materials By Any Visitor To The Apni Sawari Platform, Or By Anyone Who May Be Informed Of Any Of Its Contents. We Aim To Update The Apni Sawari Platform Regularly And May Change The Content At Any Time. If The Need Arises, We May Suspend Access To The Apni Sawari Platform And The Services Or Close Them Indefinitely. Any Of The Material On The Apni Sawari Platform Or The Services May Be Out Of Date At Any Given Time, And We Are Under No Obligation To Update Such Material. YOU ACKNOWLEDGE THAT NEITHER APNI SAWARI NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY APNI SAWARI OR ANY OF ITS AFFILIATES.
License
Subject To Your Compliance With This Agreement, Apni Sawari Grants You A Limited, Non-Exclusive, Non-Sub-Licensable, Revocable, Non-Transferrable License To: (I) Access And Use The Apni SawariPlatform On Your Personal Device Solely In Connection With Your Use Of The Apni Sawari Platform; And (Ii) Access And Use Any Content, Information And Related Materials That May Be Made Available Through Apni Sawari Platform, In Each Case Solely For Your Personal, Non-Commercial Use. Any Rights Not Expressly Granted Herein Are Reserved By Apni Sawari And Apni Sawari’s Licensors.
Third Party Service And Content
The Apni Sawari Platform May Be Made Available Or Accessed In Connection With Third Party Services And Content (Including Advertising) That Apni Sawari 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. Apni Sawari Does Not Endorse Such Third Party Services And Content And In No Event Shall Apni Sawari Be Responsible Or Liable For Any Products Or Services Of Such Third Party Providers. Additionally, Apple Inc., Google, Inc., And/Or Their Applicable International Subsidiaries And Affiliates Will Be Third-Party Beneficiaries To This Contract If You Access The Apni Sawari Platform Using Applications Developed For Apple IOS Or Android-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 Apni Sawari Platform In Any Manner. Your Access To The Apni Sawari Platform Using These Services Or Applications Is Subject To Terms Set Forth In The Applicable Third Party Beneficiary’s Terms Of Service.
Apni Sawari Platform Qwnership
The Apni Sawari Platform And All Rights Therein Are And Shall Remain Apni Sawari’s Property Or The Property Of Apni Sawari’s Licensors. Neither This Agreement Nor Your Use Of The Apni Sawari Platform Convey Or Grant To You Any Rights: (I) In Or Related To The Apni Sawari Platform Except For The Limited License Granted Above; Or (Ii) To Use Or Reference In Any Manner Apni Sawari’s Company Names, Logos, Product And Service Names, Trademarks Or Services Marks Or Those Of Apni Sawari’s Licensors.
Provision Of The Services
You Acknowledge That Portions Of The Services May Be Made Available Under Apni Sawari’s Various Brands Or Request Options, Including Transportation Request Brands, The Logistic Request Brands And The E-Wallet Brand.You Also Acknowledge That The Services May Be Made Available Under Such Brands Or Request Options By Or In Connection With: (I) Certain Affiliates; Or (Ii) Independent Third Party Contractors, Including Transportation Network Company Drivers Or Holders Of Similar Transportation Permits, Authorizations Or Licenses. It Is At Apni Sawari’s Discretion Which Brands Or Request Options Are Made Available To You.
User Accounts.
In Order To Use Most Aspects Of The Apni Sawari Platform, You Must Register For And Maintain An Active Personal User Account (“Account”). You Must Be At Least 18 Years Of Age To Obtain An Account. Account Registration Requires You To Submit To Apni Sawari Certain Personal Information, Such As Your Name, Address, Mobile Phone Number, Gender And Age. You Agree To Maintain Accurate, Complete, And Up-To-Date Information In Your Account. Your Failure To Maintain Accurate, Complete, And Up-To-Date Account Information May Result In Your Inability To Access And Use The Apni Sawari Platform, Including Your Ability To Request Access To Your Personal Information Or To Opt In Or Out Of Marketing Preferences, Or Apni Sawari’s Termination Of This Agreement With You. You Agree To Maintain The Security And Secrecy Of Your Account Username And Password At All Times. You Agree And Understand That You Are Responsible For All Activity That Occurs Under Your Account, Even As A Result Of Loss, Damage Or Theft Of The Device Through Which You Access The Apni Sawari Platform. Unless Otherwise Permitted By Apni Sawari In Writing, You May Only Possess One Account.
User Requirements And Conduct.
The Apni Sawari Platform Is Not Available For Use By Persons Under The Age Of 18 And May Only Be Used By Individuals Who Can Form Legally Binding Contracts Under Applicable Law. You May Not Authorize Third Parties To Use Your Account, And You May Not Allow Persons Under The Age Of 18 To Receive Transportation Services From Captains Unless They Are Accompanied By You Or Another Adult. It Is Your Sole Responsibility To Wear Helmets At All Times While Riding The Micro-Mobility Product. The Micro-Mobility Product Can Be Reserved By You For Minors Provided They Are Over 15 Years Of Age And Are Permitted To Use The Product In The Intended Way Under Applicable Laws In Your Jurisdiction. You Are Responsible For Ensuring That The Minor Wears A Helmet At All Times And That They Perform Safety-Checks On The Micro-Mobility Product Prior To Use. You Must Educate The Minor On The Laws That Apply To Them In Their Use Of The Product And Must Supervise Their Use At All Times. You Are Solely And Exclusively Responsible For The Activity Of Minors That You Make A Reservation For And Their Use Of The Micro-Mobility Products. You May Not Assign Or Otherwise Transfer Your Account To Any Other Person Or Entity. You Agree To Comply With All Applicable Laws When Using The Apni Sawari Platform, And You May Only Use The Apni Sawari Platform For Lawful Purposes. You Shall Not, For The Avoidance Of Doubt, Use The Apni Sawari Platform To Transport, Facilitate Or Procure The Transport Of Illegal Or Banned Substances Or Items. You Will Not, In Your Use Of The Apni Sawari Platform, Cause Nuisance, Annoyance, Inconvenience, Or Property Damage, Whether To A Captain, Other Third Party Provider Or Any Other Party. In Certain Instances, You May Be Asked To Provide Proof Of Identity To Access Or Use The Apni Sawari Platform, And You Agree That You May Be Denied Access To Or Use Of The Apni Sawari Platform If You Refuse To Provide Proof Of Identity. Failure To Comply With The Terms Of This Section Or Of Section 5 May Result In Our Taking Certain Actions Against You, Including But Not Limited To: (I) Immediate, Temporary Or Permanent Withdrawal Of Your Right To Use The Apni Sawari Platform (Ii) Legal Action Against You Including Proceedings For Reimbursement Of All Costs On An (Including, But Not Limited To, Reasonable Administrative And Legal Costs) Resulting From The Breach (Iii) Disclosure Of Such Information To Law Enforcement Authorities As We Feel Is Necessary And/Or (Iv) Immediate, Temporary Or Permanent Removal Of Any Posting Or Material Uploaded By You To Our Service.
Promotions, Bundles, Credits, And Referral Program.
Apni Sawari, In Its Sole Discretion, May Make Promotions Available To Any User Or Potential User. These Promotions, Unless Made To You, Shall Have No Bearing Whatsoever On Your Agreement Or Relationship With Apni Sawari. Promotions Will In Many Cases Be Made Available To You Via Alpha Numeric Codes (“Promo Codes”). Apni Sawari Reserves The Right To Withhold Or Deduct Credits Or Benefits Obtained Through A Promotion In The Event That Apni Sawari Determines Or Believes That The Redemption Of The Promotion Or Receipt Of The Credit Or Benefit Was In Error, Fraudulent, Illegal, Or In Violation Of The Applicable Promotion Terms Or This Agreement. You Agree That Promo Codes: (I) Must Be Used For The Intended Audience And Purpose, And In A Lawful Manner; (Ii) May Not Be Duplicated, Sold Or Transferred In Any Manner, Or Made Available To The General Public (Whether Posted To A Public Form Or Otherwise), Unless Expressly Permitted By Apni Sawari; (Iii) May Be Disabled By Apni Sawari At Any Time For Any Reason Without Liability To Apni Sawari; (Iv) May Only Be Used Pursuant To The Specific Terms That Apni Sawari Establishes For Such Promo Code; (V) Are Not Valid For Cash; (Vi) May Expire Prior To Your Use And (Vii) Apni Sawari May Establish Additional Terms Relating To Specific Promotions. Apni Sawari Reserves The Right To Withhold Or Deduct Credits Or Other Features Or Benefits Obtained Through The Use Of Promo Codes By You Or Any Other User In The Event That Apni Sawari Determines Or Believes That The Use Or Redemption Of The Promo Code Was In Error, Fraudulent, Illegal, Or In Violation Of The Applicable Promo Code Terms Or This Agreement. As Part Of Your User Account, Apni Sawari May Provide You With Or Allow You To Create A “Apni Sawari Code,” A Unique Alphanumeric Code For You To Distribute To Friends, Family And Other Persons (Each A “Referred User”) To Become New Users (“Referred Users”) Or Captains (“Referred Captains”). Apni Sawari Codes May Only Be Distributed For Promotional Purposes And Must Be Given Away Free Of Charge. You May Not Sell, Trade, Or Barter Your Apni Sawari Code. You Are Prohibited From Advertising Apni Sawari Codes, Including But Not Limited To On Google, Facebook, Twitter, Bing And Craigslist Or On Any Other Digital Platform Or Website Owned Or Controlled By You Or Any Other Person. Apni Sawari Reserves The Right To Deactivate Or Invalidate Any Apni Sawari Code At Any Time In Apni Sawari’s Sole Discretion. As Part Of Your User Account, Apni Sawari May Provide You With Access To A Feature In The Apni Sawari Application Which May Allow You To: (I) Manage Payment For Services; (Ii) Add And Store Pre-Paid Credit Balance (“Apni Sawari Credit”); And/Or (Iii) Transfer Apni Sawari Credit To Or Receive Apni Sawari Credit From Other Users, Against Payment Of Any Applicable Apni Sawari Fees And Subject To Any Limits On The Number Of Transfers Or The Amount Of Apni Sawari Credit You Can Send And/Or Receive, Which Fees And Limits May Be Modified By Apni Sawari From Time To Time. When Transferring Apni Sawari Credit Balance To Another User, The Amount Transferred And The Applicable Apni Sawari Fees (If Any) Will Be Deducted From Your User Account Balance And Will Be Transferred To The Other User. Once The Request For The Transfer Of Apni Sawari Credit Is Completed, The Transfer Cannot Be Cancelled Or Otherwise Reversed. You Agree That In Providing You With This Feature, Apni Sawari Is Merely Enabling The Transfer Of Apni Sawari Credit Balance And Is No Way Responsible For The Actions Of The Individual Users, Including The Reason For Which Apni Sawari Credit Is Transferred By Or To You. You May Be Entitled To Purchase Bundles Of Apni Sawari Credit (“Apni Sawari Bundles”) Or You May Receive Trip Discounts (“Trip Discounts”) Or Service Discounts (“Service Discounts”) That You Can Apply Toward Payment Of Certain Services Provided By Apni Sawari Or Fees Charged By Apni Sawari In Relation To The Services. Apni Sawari Bundles, Apni Sawari Credits, Trip Discounts And Service Discounts Are Only Valid For Use On The Apni Sawari Platform, And Are Not Transferable Or Redeemable For Cash And May Only Be Used For Certain Services. Apni Sawari Bundles, Trip Discounts And Service Discounts Cannot Be Combined, And If The Cost Of Your Ride Exceeds The Applicable Credit Or Discount Value We Will Charge Your Payment Method On File For The Outstanding Cost Of The Trip.Additional Restrictions On Apni Sawari Bundles, Apni Sawari Credits, Trip Discounts And Service Discounts May Apply As Communicated To You In A Relevant Promotion Or Specific Terms. Apni Sawari May Cancel, Or Vary The Terms, Relating To Any Apni Sawari Bundles, Apni Sawari Credits, Trip Discounts Or Service Discounts At Any Time In Its Sole Discretion. From Time To Time, Apni Sawari May Offer You Incentives To Refer New Users To The Apni Sawari Community (The “Referral Program”). These Incentives May Come In The Form Of Apni Sawari Credits, Trip Discounts And/Or Service Discounts, And Apni Sawari May Set Or Change The Incentive Types, Amounts, Terms, Restrictions, And Qualification Requirements For Any Incentives In Its Sole Discretion.
Reward Period.
Rewards Are Offered At The Sole Discretion Of Apni Sawari And May Be Varied From Time To Time. Rewards And Participating Partners May Differ From Market To Market And May Be Added Or Removed At The Sole Discretion Of Apni Sawari. You May Redeem Points In Exchange For Rewards Or Donations (As Applicable) At Any Time As Indicated On The App. Where You Redeem Points Apni Sawari Shall Settle The Equivalent Or Agreed Amount (If Applicable) With The Participating Partner And Cancel Its Liability To You For The Same. By Redeeming Rewards You Confirm That You Agree To The Terms Of The Program.Apni Sawari Has The Right To Add, Change, Limit, Modify Or Cancel Program Rules, Regulations, Rules For Earning And Redeeming Rewards Points, Rewards, Reward Levels, Redemption Levels, Processes, Benefits, Tier Statuses, And Program Partners Without Notice, Even Though Such Changes May Affect The Member’s Tier Status, The Value Of Points Already Accumulated, The Ability To Use Accumulated Points, Or The Ability To Obtain Certain Rewards. Apni Sawari May, Among Other Things: (1) Increase Or Decrease The Number Of Points Received For A Given Action Or Amount Spent Or The Number Of Points Required For A Reward; (2) Withdraw, Limit, Modify, Or Cancel Any Reward; (3) Add Blackout Dates, Limit Availability For Any Reward, Or Otherwise Restrict The Continued Availability Of Rewards; (4) Change Program Benefits Served By Rewards Or Its Partners, Conditions Of Participation, Rules For Earning, Redeeming, Retaining, Or Forfeiting Points, Or Rules Governing The Use Of Rewards; (5) Change Or Cancel Rewards; And (6) Change The Rules Governing The Tier Statuses, Including But Not Limited To: Rules To Reach A Tier Status, Duration And Expiry Rules Of The Tier Status, Benefits Granted By Reaching A Given Tier Status.Apni Sawari Makes No Warranties Or Representations, Either Expressed Or Implied, And Expressly Disclaim All Liability (Including Consequential Damages) With Respect To Type, Timeliness, Cost, Quality Or Fitness Of Goods Or Services Provided Through The Program. If Any Participating Rewards Partner Improperly Denies A User An Accrual Or Benefit, The Liability Of Apni Sawari Shall Be Limited To The Equivalent Value, In Rewards Points, Of That Accrual Or Benefit As Determined Solely By Apni Sawari. The Program Has No Predetermined Termination Date And May Continue Until Such Time As Apni Sawari Decides To Terminate The Program, At Any Time, With Or Without Notice. If The Program Is Terminated, All Unredeemed Points Or Tier Status Benefits Shall Be Forfeited Without Any Obligation Or Liability, No Award Claims Or Tier Status Benefits Shall Be Honoured After The Conclusion Of Any Notice Period. Apni Sawari Reserves The Right To Cancel A User’s Access To The Program And Revoke Any And All Unredeemed Apni Sawari Rewards Points Collected By Any Member Who Appears To Be Using The Program In A Manner Inconsistent With The Terms Or Intent Of The Program Or Any Portion Thereof. For Reasons That Include, But Are Not Limited To: 1) Violation Of These Terms And Conditions; 2) Misrepresentation Of Any Information Or Any Misuse Of This Program; 3) Violation Of Any National, State Or Local Law Or Regulation In Connection With The Use Of This Program; 4) Commission Of Fraud Or Abuse Involving Any Portion Of This Program; Or 5) Action, In Any Other Way, To The Detriment Of The Program Or Any Of Its Stakeholders; All As May Be Determined By Apni Sawari In Its Sole Discretion. Notwithstanding The Foregoing, Program Violations, Fraud Or Abuse In Relation To Rewards Points And Credit, Tier Status Or Reward Usage Is Subject To Appropriate Administrative And/Or Legal Action By Appropriate Governmental Authorities And/Or By Apni Sawari Including, Without Limitation, The Forfeiture Of All Point Transfers, Rewards, Tier Status Or Award Issued Pursuant To Point Redemptions And Any Accrued Points In Your Account, As Well As Cancellation Of The Account. The Earning And Redeeming Of Rewards Points Are Subject To All Applicable Local Laws And Regulations And Are Offered In Good Faith, However They May Not Be Available Or Are Subject To Change If Prohibited Or Restricted By Applicable Law Or Regulation. Separate Terms And Conditions May Apply To Your Reservation, Purchase Of Goods And Services, Or Rewards That You Select. Please Read These Separate Terms And Conditions Carefully. You Agree To Abide By The Terms And Conditions Of Purchase Imposed By Any Supplier With Whom You Elect To Deal. You Understand That Any Violation Of Any Such Supplier’s Rules And Restrictions May Result In Your Being Denied Access To The Applicable Product Or Services, In Your Forfeiting Any Monies Paid For Such Product Or Service.
Community Support.
As Part Of Apni Sawari’s Support To Our Communities And The Captains Operating On Our Platform Apni Sawari May Make New Features Available Which Allow You To Direct Apni Sawari To Support Our Communities In Various Ways. These Features May Be Changed And Updated From Time To Time; May Not Be Available In All Areas Or Markets; And Those That Are Available At Any Given Time May Be Subject To Change And/Or Removal. Apni Sawari Reserves The Right To Cancel, Suspend Or Modify These Features At Any Time Without Notice, For Any Reason In Its Sole Discretion, And Without A Liability.The Burning Of Apni Sawari Credits And/Or Reward Points In The Manner Described Above Is Irreversible. Apni Sawari Makes No Warranties Or Representations, Either Expressed Or Implied In Respect Of Any Of The Aforementioned Methods Of Support , And Expressly Disclaims All Liability (Including Consequential Damages) With Respect To Timeliness, Cost, Quality Or Fitness Of Goods Or Services Provided In Relation To The Same.
Communications.
By Becoming A User, 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 Dialling Systems (Where Allowed By And In Compliance With Local Law). Communications From Apni Sawari, Its Affiliated Companies And/Or Captains, May Include But Are Not Limited To: Operational Communications Concerning Your User Account Or Use Of The Apni Sawari Platform Or Services, Updates Concerning New And Existing Features On The Apni Sawari Platform, Communications Concerning Promotions Run By Us Or Our Third- Party Partners, And News Concerning Apni Sawari 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 Contact@Apni-Sawari.Com And/Or Review The Privacy Policy For Further Information.
As A User, You Agree To Pay Any Amounts Charged By Apni Sawari (The “Apni Sawari Fee”) (If Applicable In Your Jurisdiction) And Amounts Charged By Captains Or Other Independent Third Party Provider For Providing Services To You (“Charges”). After You Have Received Services From A Captain Or Other Independent Third Party Provider, Apni Sawari: (I) May Facilitate Your Payment Of The Applicable Charges On Behalf Of The Captain As Such Captain’s Limited Payment Collection Agent And (Ii) May Collect Any Applicable Apni Sawari Fee Directly From You Or, In The Case Of A Cash Payment, From The Relevant Captain. Payment Of The Charges And Apni Sawari Fee In The Above Manner Shall In All Cases Be Considered The Same As Payment Made Directly By You To The Captain Or Other Independent Third Party Provider Or To Apni Sawari, As Applicable. Charges And Apni Sawari Fees Will Be Inclusive Of Applicable Taxes Where Required By Law, Including Any VAT Or Sales Tax. Charges And Apni Sawari Fees Paid By You Are Final And Non-Refundable, Unless Otherwise Determined By Apni Sawari. All Charges And Apni Sawari Fees Are Due Immediately And Payment Will Be Facilitated By Apni Sawari Using The Preferred Payment Method Designated In Your Account, After Which Apni Sawari Or A Captain, As Applicable, Will Send You A Receipt By Email. If Your Primary Account Payment Method Is Determined To Be Expired, Invalid Or Otherwise Not Able To Be Charged, You Agree That Apni Sawari May, On Its Own Behalf, And As The Captain’s Limited Payment Collection Agent, Use A Secondary Payment Method In Your Account, If Available.By Apni Sawari. As Between You And Apni Sawari, Apni Sawari Reserves The Right To Establish, Remove And/Or Revise Apni Sawari Fees At Any Time In Apni Sawari’s Sole Discretion. Charges May Also Be Varied Or Revised At Any Time Without Your Consent. Further, You Acknowledge And Agree That Charges And Apni Sawari Fees Applicable In Certain Geographical Areas May Increase Substantially During Times Of High Demand. Apni Sawari Will Use Reasonable Efforts To Inform You Of Charges And Apni Sawari Fees That May Apply, Provided That You Will Be Responsible For Charges And Apni Sawari Fees Incurred Under Your Account Regardless Of Your Awareness Of Such Charges Or Apni Sawari Fees, As Applicable, Or The Amounts Thereof.
Repair Or Cleaning Fees.
You Shall Be Responsible For The Cost Of For Damage To, Or Necessary Cleaning Of, Captain Vehicles And Property Resulting From Use Of The Apni Sawari Platform Under Your Account In Excess Of Normal “Wear And Tear” Damages And Necessary Cleaning (“Repair Or Cleaning”). In The Event That A Captain Reports The Need For Repair Or Cleaning, And Such Repair Or Cleaning Request Is Verified By Apni Sawari In Apni Sawari’s Reasonable Discretion, Apni Sawari Reserves The Right To Facilitate Payment For The Reasonable Cost Of Such Repair Or Cleaning On Behalf Of The Captain Using Any Of Your Payment Methods. Such Amounts Will Be Transferred By Apni Sawari To The Applicable Captain And Are Non-Refundable.
With Respect To Your Use Of The Apni Sawari Platform And Your Participation In The Services, You Agree That You Will Not: (I) Impersonate Any Person Or Entity (Ii) Stalk, Threaten, Or Otherwise Harass Any Person (Including Other Users Making Simultaneous Use Of The Service), Or Carry Any Weapons (Iii) Violate Any Law, Statute, Rule, Permit, Ordinance Or Regulation (Iv) Interfere With Or Disrupt The Services Or The Apni Sawari Platform Or The Servers Or Networks Connected To The Apni Sawari Platform (V) Post Information Or Interact On The Apni Sawari Platform Or With Respect To Services In A Manner Which Is False, Inaccurate, Misleading (Directly Or By Omission Or Failure To Update Information), Defamatory, Libelous, Abusive, Obscene, Profane, Offensive, Sexually Oriented, Threatening, Harassing, Or Illegal (Vi) Use Narcotics Or Alcohol (Vii) Use The Apni Sawari Platform In Any Way That Infringes Any Third Party’s Rights, Including But Not Limited To: Intellectual Property Rights, Copyright, Patent, Trademark, Trade Secret Or Other Proprietary Rights Or Rights Of Publicity Or Privacy (Viii) Post, Email Or Otherwise Transmit Any Malicious Code, Files Or Programs Designed To Interrupt, Damage, Destroy Or Limit The Functionality Of Any Computer Software Or Hardware Or Telecommunications Equipment Or Surreptitiously Intercept Or Expropriate Any System, Data Or Personal Information (Ix) Forge Headers Or Otherwise Manipulate Identifiers In Order To Disguise The Origin Of Any Information Transmitted Through The Apni Sawari Platform (X) “Frame” Or “Mirror” Any Part Of The Apni Sawari Platform, Without Our Prior Written Authorization Or Use Meta Tags Or Code Or Other Devices Containing Any Reference To Us In Order To Direct Any Person To Any Other Web Site For Any Purpose (Xi) Modify, Adapt, Translate, Reverse Engineer, Decipher, Decompile Or Otherwise Disassemble Any Portion Of The Apni Sawari Platform Or Any Software Used On Or For The Apni Sawari Platform (Xii) Rent, Lease, Lend, Sell, Redistribute, License Or Sublicense The Apni Sawari Platform Or Access To Any Portion Of The Apni Sawari Platform (Xiii) Use Any Robot, Spider, Site Search/Retrieval Application, Or Other Manual Or Automatic Device Or Process To Retrieve, Index, Scrape, “Data Mine”, Or In Any Way Reproduce Or Circumvent The Navigational Structure Or Presentation Of The Apni Sawari Platform Or Its Contents (Xiv) Link Directly Or Indirectly To Any Other Web Sites (Xv) Transfer Or Sell Your User Account, Password And/Or Identification To Any Other Party (Xvi) Discriminate Against Or Harass Anyone On The Basis Of Race, National Origin, Religion, Gender, Gender Identity, Physical Or Mental Disability, Medical Condition, Marital Status, Age Or Sexual Orientation (Xvii) Cause Any Third Party To Engage In The Restricted Activities Above. In The Event That You Undertake In Any Of The Above While Participating In Services, A Captain Shall Be Permitted To Refuse To Provide You Services Or, If Such Services Have Commenced, A Captain Shall Be Permitted To Refuse To Continue To Provide You Services.
DISCLAIMER.
THE APNI SAWARI PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” APNI SAWARI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, APNI SAWARI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE APNI SAWARI PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE APNI SAWARI PLATFORM, OR THAT THE APNI SAWARI PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. APNI SAWARI AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APNI SAWARI PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. Apni Sawari And Its Affiliates Are Not Responsible For The Conduct, Whether Online Or Offline, Of Any User, Or Any Other Third Party. You Are Encouraged To Use A Reasonable Degree Of Sensibility And Caution When Interacting With Other Users, Captains Or Any Other Third Party. We Are Not Required To Procure Insurance For, Nor Are We Responsible For Private Belongings, Including The Loss Of Private Belongings As A Result Of Theft Or Snatching Or Because The Belongings Are Left A Vehicle. By Using The Apni Sawari Platform And Participating In The Services, You Agree To Accept Such Risks And Agree That Apni Sawari Is Not Responsible For The Acts Or Omissions Of Users, Captains, Or Any Other Third Party. You Acknowledge That Apni Sawari May Have Its Own Insurance Coverage From Which You May Benefit. In The Event Thereof, You Agree To Provide Proper Notification Of An Insurance Claim And Accept The Benefit Of Any Insurance Service Provided At Your Own Risk And You Hereby Acknowledge That Apni Sawari Is Not Acting As A Broker In Connection Therewith, Nor Does It Provide Any Guarantees, Warranties Or Any Other Assurances In Connection Therewith.Apni Sawari And Its Affiliates Expressly Disclaim Any Liability Arising From The Unauthorized Use Of Your User Account. Should You Suspect That Any Unauthorized Party May Be Using Your User Account Or You Suspect Any Other Breach Of Security, You Agree To Notify Us Immediately. Location Data Provided By The Apni Sawari Platform Is For Basic Location Purposes Only And Is Not Intended To Be Relied Upon In Situations Where Precise Location Information Is Needed Or Where Erroneous, Inaccurate Or Incomplete Location Data May Lead To Death, Personal Injury, Property Or Environmental Damage. Neither Apni Sawari, Nor Its Affiliates Nor Any Of Its Content Providers, Guarantees The Availability, Accuracy, Completeness, Reliability, Or Timeliness Of Location Data Tracked Or Displayed By The Apni Sawari Platform. Any Of Your Information, Including Geolocational Data, You Upload, Provide, Or Post On The Apni Sawari Platform May Be Accessible To Apni Sawari, Selected Partners And Relevant Captains.
LIMITATION OF LIABILITY.
APNI SAWARI AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE APNI SAWARI PLATFORM OR SERVICES, EVEN IF APNI SAWARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APNI SAWARI AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE APNI SAWARI PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE APNI SAWARI PLATFORM OR THE SERVICES; OR (Ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF APNI SAWARI OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APNI SAWARI AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL APNI SAWARI’S AND /OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE APNI SAWARI PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY. THE APNI SAWARI PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINS BUT YOU AGREE THAT APNI SAWARI, ITS AFFILIATES, OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity.
You Agree To Indemnify And Hold Apni Sawari, Its Affiliates, Restaurant Partners And Other Partners And Their Officers, Directors, Employees And Agents Harmless From Any And All Claims, Demands, Losses, Liabilities, And Expenses (Including Attorneys’ Fees) Arising Out Of Or In Connection With: (I) Your Use Of The Apni Sawari Platform And The Services Or Services Or Goods Obtained Through Your Use Of The Apni Sawari Platform; (Ii) Your Breach Or Violation Of This Agreement Or(Iii) Your Violation Of The Rights Of Any Third Party, Including Captains.
General Rules On Competitions, Contests And Giveaways Unless Otherwise Specified, Apni Sawari Will Conduct All Competitions, Contests And Giveaways (Each A “Competition”) As Described In This Section And By Entering Or Participating In A Competition, Each Entrant Or Participant (“Entrant”) Agrees To These Rules Whether Or Not Any Separate Additional Specific Terms Apply To The Competition. When Entering Or Participating In A Competition, An Entrant May Be Eligible For A Prize Specified In The Corresponding Promotional Material (The “Prize”). Apni Sawari May Reject An Entry At Its Own Discretion, Provided That Such Rejection Will Not Conflict With Applicable Law. The Prize Is Non-Transferable, Non-Exchangeable And No Cash Alternative Is Offered. In The Event Of A Prize Being Unavailable, Apni Sawari Reserves The Right To Offer An Alternative Prize Of Equal Or Greater Value If Circumstances Beyond Apni Sawari’s Control Makes It Necessary To Do So. To The Extent Permitted By Law, The Competition Winner Will Be Responsible For Any And All Taxes Incurred In Relation To Receipt Of The Prize. Participation In A Competition Does Not Automatically Mean That The Entrant Has Won The Prize. A Winning Entry (The “Competition Winner”) Will Be Chosen By Random Draw (Performed By A Computer Process Or Supervised By An Independent Third Party) Or By A Panel Of Individuals Adjudicating The Entries. Reasonable Efforts Will Made To Contact The Competition Winner But If The Competition Winner Cannot Be Contacted Or Fails To Reply To Apni Sawari’s Communication Within The Communicated Timeframe, Apni Sawari Reserves The Right To Offer The Prize To The Next Eligible Entrant. Apni Sawari Will Not Be Liable If The Prize Does Not Reach The Competition Winner For Reasons Beyond Apni Sawari’s Reasonable Control. Without Prejudice To The “Disclaimers; Limitation Of Liability; Indemnity” Section, Neither Apni Sawari Nor Any Affiliates Or Partners Involved In A Competition Will Accept Responsibility Or Liability For Any Errors, Omissions, Interruptions, Deletion, Or Unauthorized Access To Competition Entries, Or Entries Lost Or Delayed Whether Or Not Arising As A Result Of Server Functions, Virus, Bugs, Or Other Causes Outside Apni Sawari’s, An Affiliate’s And/Or A Partner’s Control. IN NO EVENT SHALL APNI SAWARI’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE. Apni Sawari Reserves The Right To Cancel Or Amend The Competition And Any Associated Terms And Conditions. Any Changes Will Be Notified To The Entrants As Soon As Reasonably Practical. If These Terms Do Not, Or Do Not Clearly, Cater For A Solution To Any Matter Which May Arise, Then Apni Sawari Shall Have The Sole Discretion To Decide Finally On Any Such Matter. Apni Sawari’s Decisions On Any Aspect Of The Competition Is Final And Binding And No Correspondence Will Be Entered Into About It.
Arbitration.
You Agree That Any Dispute, Claim Or Controversy Arising Out Of Or Relating To This Agreement Or The Breach, Termination, Enforcement, Interpretation Or Validity Thereof Or The Use Of The Apni Sawari Platform Or Services (Collectively, “Disputes”) Will Be Settled By Binding Arbitration Between You And Any Relevant Affiliate In Your Jurisdiction, Or Between You And Apni Sawari If No Other Affiliate Is Incorporated In Your Jurisdiction, Except That Each Party Retains The Right To Seek Injunctive Or Other Equitable Relief In A Court Of Competent Jurisdiction To Prevent The Actual Or Threatened Infringement, Misappropriation Or Violation Of A Party’s Copyrights, Trademarks, Trade Secrets, Patents Or Other Intellectual Property Rights. You Acknowledge And Agree That You And Apni Sawari Are Each Waiving The Right To A Trial By Jury Or To Participate As A Plaintiff Or Class In Any Purported Class Action Or Representative Proceeding. Further, Unless Both You And The Relevant Affiliate Otherwise Agree In Writing, The Arbitrator May Not Consolidate More Than One Person’s Claims, And May Not Otherwise Preside Over Any Form Of Any Class Or Representative Proceeding. If This Specific Paragraph Is Held Unenforceable, Then The Entirety Of This “Dispute Resolution” Section Will Be Deemed Void. Except As Provided In The Preceding Sentence, This “Dispute Resolution” Section Will Survive Any Termination Of This Agreement. This “Dispute Resolution” Section Applies To All Disputes (As Defined Below) Between You And Apni Sawari And/Or Any Of Its Affiliates.
1. Other Provisions
Choice Of Law.
This Agreement Is Governed By And Construed In Accordance With The Laws Of The Jurisdiction In Which The Relevant Affiliate Is Incorporated, Without Giving Effect To Any Conflict Of Law Principles, Except As May Be Otherwise Provided In Supplemental Terms Applicable To Your Region.
Claims of Copyright Infringement.
Claims Of Copyright Infringement Should Be Sent To Apni Sawar At Contact@Apni-Sawari.Com.
Notice.
Apni Sawari May Give Notice By Means Of A General Notice On The Apni Sawari Platform, Electronic Mail To Your Email Address In Your Account, Or By Written Communication Sent To Your Address As Set Forth In Your Account. You May Give Notice To Apni Sawari By Written Communication To Apni Sawari’s Email Address At Contact@Apni-Sawari.Com.
General.
You May Not Assign Or Transfer Your Rights Under This Agreement In Whole Or In Part Without Apni Sawaris Prior Written Approval. You Give Your Approval To Apni Sawari For It To Assign Or Transfer Its Rights And Obligations Under This Agreement In Whole Or In Part, Including To: (I) A Subsidiary Or Affiliate; (Ii) An Acquirer Of Apni Sawari’s Equity, Business Or Assets; Or (Iii) A Successor By Merger. No Joint Venture, Partnership, Employment Or Agency Relationship Exists Between You, Apni Sawari Or Any Captain As A Result Of The Contract Between You And Apni Sawari Or Use Of The Apni Sawari Platform.If Any Provision Of This Agreement Is Held To Be Illegal, Invalid Or Unenforceable, In Whole Or In Part, Under Any Law, Such Provision Or Part Thereof Shall To That Extent Be Deemed Not To Form Part Of This Agreement But The Legality, Validity And Enforceability Of The Other Provisions In This Agreement Shall Not Be Affected. In That Event, The Parties Shall Replace The Illegal, Invalid Or Unenforceable Provision Or Part Thereof With A Provision Or Part Thereof That Is Legal, Valid And Enforceable And That Has, To The Greatest Extent Possible, A Similar Effect As The Illegal, Invalid Or Unenforceable Provision Or Part Thereof, Given The Contents And Purpose Of This Agreement. This Agreement Constitutes The Entire Agreement And Understanding Of The Parties With Respect To Its Subject Matter And Replaces And Supersedes All Prior Or Contemporaneous Agreements Or Undertakings Regarding Such Subject Matter.