Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and CARAPP, a company with its registered office at TEVRAGH-ZEINA Ilot-ZRF NDS2 – Nouakchott (“CARAPP”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
This Agreement governs your use of the CARAPP applications, website, call centre and technology platform (collectively, the “CARAPP Platform”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CARAPP PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE CARAPP PLATFORM.
Your access and use of the CARAPP Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and CARAPP. CARAPP may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the CARAPP 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, 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.
CARAPP may amend this Agreement from time to time. Amendments will be effective upon CARAPP’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 CARAPP 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 CARAPP Platform is as provided in CARAPP’s Privacy Policy. CARAPP 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 CARAPP Platform
The CARAPP Platform provides a digital network where persons (“Users”) who seek personal transportation 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 CARAPP 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.
With respect to restaurant meals, CARAPP is a business where the food is prepared by independent restaurants (our ” Restaurant Partners”) and delivered by Captains.
Materials posted on the CARAPP 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 CARAPP Platform, or by anyone who may be informed of any of its contents.
We aim to update the CARAPP Platform regularly and may change the content at any time. If the need arises, we may suspend access to the CARAPP Platform and the Services or close them indefinitely. Any of the material on the CARAPP 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 CARAPP NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, CARAPPODS 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 CARAPP OR ANY OF ITS AFFILIATES.
License:
Subject to your compliance with this Agreement, CARAPP grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to:
- Access and use the CARAPP Platform on your personal device solely in connection with your use of the CARAPP Platform; and
- Access and use any content, information and related materials that may be made available through the CARAPP Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by CARAPP.
Third Party Services and Content.
The CARAPP Platform may be made available or accessed in connection with third party services and content (including advertising) that CARAPP 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. CARAPP does not endorse such third party services and content and in no event shall CARAPP 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 CARAPP 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 CARAPP Platform in any manner. Your access to the CARAPP Platform using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.
CARAPP Platform Ownership:
The CARAPP Platform and all rights therein are and shall remain CARAPP’s property. Neither this Agreement nor your use of the CARAPP Platform convey or grant to you any rights:
- in or related to the CARAPP Platform except for the limited license granted above; or
- To use or reference in any manner CARAPP’s company names, logo, product and service names, trademarks or services marks.
Provision of the Services:
You acknowledge that portions of the Services may be made available under CARAPP’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:
- Certain Affiliates; or
- Independent third party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses.
It is at CARAPP’s discretion which brands or request options are made available to you.
Use of the CARAPP Platform:
User Accounts:
In order to use most aspects of the CARAPP Platform, you must register for and maintain an active personal User account (“Account”). Account registration requires you to submit to CARAPP certain personal information, such as your name, mobile phone number and gender. 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 CARAPP Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or CARAPP’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 CARAPP Platform.
Unless otherwise permitted by CARAPP in writing, you may only possess one Account.
User Requirements and Conduct:
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 CARAPP Platform, and you may only use the CARAPP Platform for lawful purposes.
You will not, in your use of the CARAPP Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, Restaurant Partner, 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 CARAPP Platform, and you agree that you may be denied access to or use of the CARAPP 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 CARAPP 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:
CARAPP, 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 CARAPP. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). CARAPP reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that CARAPP 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:
- Must be used for the intended audience and purpose, and in a lawful manner.
- 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 CARAPP.
- May be disabled by CARAPP at any time for any reason without liability to CARAPP;
- May only be used pursuant to the specific terms that CARAPP establishes for such Promo Code.
- Are not valid for cash.
- May expire prior to your use and
- CARAPP may establish additional terms relating to specific promotions.
CARAPP 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 CARAPP 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.
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 dialing systems (where allowed by and in compliance with local law). Communications from CARAPP, its affiliated companies and/or Captains, may include but are not limited to: operational communications concerning your User account or use of the CARAPP Platform or Services, updates concerning new and existing features on the CARAPP Platform, communications concerning promotions run by us or our third- party partners, and news concerning CARAPP and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
Charges and Payments:
As a User, you agree to pay any amounts charged by CARAPP (the “CARAPP Fee”) 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, CARAPP: (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 CARAPP Fee directly from you or, in the case of a cash payment, from the relevant Captain. Payment of the Charges and CARAPP 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 CARAPP, as applicable. Charges and CARAPP Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and CARAPP Fees paid by you are final and non-refundable, unless otherwise determined by CARAPP.
All Charges and CARAPP Fees are due immediately and payment will be facilitated by CARAPP, after which CARAPP or a Captain, as applicable, will send you a receipt by email.
As between you and CARAPP, CARAPP reserves the right to establish, remove and/or revise CARAPP Fees at any time in CARAPP’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and CARAPP Fees applicable in certain geographical areas may increase substantially during times of high demand. CARAPP will use reasonable efforts to inform you of Charges and CARAPP Fees that may apply, provided that you will be responsible for Charges and CARAPP Fees incurred under your Account regardless of your awareness of such Charges or CARAPP 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 CARAPP 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 CARAPP in CARAPP’s reasonable discretion, CARAPP 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 CARAPP to the applicable Captain and are non-refundable.
Restricted Activities:
With respect to your use of the CARAPP Platform and your participation in the Services, you agree that you will not:
- impersonate any person or entity
- stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons
- violate any law, statute, rule, permit, ordinance or regulation
- interfere with or disrupt the Services or the CARAPP Platform or the servers or networks connected to the CARAPP Platform
- post information or interact on the CARAPP 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
- use narcotics or alcohol
- use the CARAPP 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
- 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
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the CARAPP Platform
- “frame” or “mirror” any part of the CARAPP 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
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the CARAPP Platform or any software used on or for the CARAPP Platform
- rent, lease, lend, sell, redistribute, license or sublicense the CARAPP Platform or access to any portion of the CARAPP Platform
- 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 CARAPP Platform or its contents
- link directly or indirectly to any other web sites
- transfer or sell your User account, password and/or identification to any other party
- 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
- 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.
Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER:
THE CARAPP PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CARAPP 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, CARAPP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE CARAPP PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE CARAPP PLATFORM, OR THAT THE CARAPP PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. CARAPP 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 CARAPP PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CARAPP and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Captain, mobile operator , 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 CARAPP Platform and participating in the Services, you agree to accept such risks and agree that CARAPP is not responsible for the acts or omissions of Users, Captains, mobile operators, or any other third party.
You acknowledge that CARAPP 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 CARAPP is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
CARAPP 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 CARAPP 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 CARAPP, 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 CARAPP Platform. Any of your information, including geolocational data, you upload, provide, or post on the CARAPP Platform may be accessible to CARAPP, selected partners and relevant Captains.
LIMITATION OF LIABILITY:
CARAPP 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 CARAPP PLATFORM OR SERVICES, EVEN IF CARAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARAPP 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 CARAPP PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE CARAPP PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF CARAPP OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARAPP 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 CARAPP’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE CARAPP PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FORECARAPPING OR ACTS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION.
THE CARAPP PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINS BUT YOU AGREE THAT CARAPP, ITS AFFILIATES, RESTAURANT PARTNERS AND 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 CARAPP, its Affiliates 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 CARAPP Platform and the Services or services or goods obtained through your use of the CARAPP 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, CARAPP 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”). CARAPP 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, CARAPP reserves the right to offer an alternative prize of equal or greater value if circumstances beyond CARAPP’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 CARAPP’s communication within the communicated timeframe, CARAPP reserves the right to offer the prize to the next eligible Entrant.
CARAPP will not be liable if the Prize does not reach the Competition Winner for reasons beyond CARAPP’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither CARAPP 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 CARAPP’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL CARAPP’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.
CARAPP 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 CARAPP shall have the sole discretion to decide finally on any such matter. CARAPP’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
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.
General:
You may not assign or transfer your rights under this Agreement in whole or in part without CARAPP’s prior written approval. You give your approval to CARAPP for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to:
- A subsidiary or affiliate
- An acquirer of CARAPP’s equity, business, or assets; or
- A successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, CARAPP or any Captain as a result of the contract between you and CARAPP or use of the CARAPP 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.
