The TRANSPORT application (hereinafter "TRANSPORT" or the "Company"), is the property of Esseti teleservice SL, a company duly incorporated under the laws of Spain with registered office in the Canary Islands - SC de Tenerife - Adeje - 38678. Avenida Adeje Trecientos, 17. tel: +34641365251
This application will hereinafter be referred to as "TRANSPORT Driver" or "TRANSPORT Passenger". Transport-App-Egypt
The person who accesses, browses or uses the TRANSPORT Conductor websites relating to the TRANSPORT Conductor services, hereinafter referred to as the "Partner".
The person who accesses, browses or uses the TRANSPORT Passenger application (hereinafter “TRANSPORT Passenger”) or the TRANSPORT websites relating to TRANSPORT Passenger to coordinate the Partner Services will hereinafter be referred to as the “User”.
TRANSPORT, and in some countries, its affiliated companies, through a technological platform (“Platform”), provide the brokerage service through access to a technological platform that allows contact between Users and Partners (the “TRANSPORT Service”) . This is different from the Services that Users agree with Partners via the TRANSPORT platform (“Services”).
The Partner acknowledges and accepts that TRANSPORT is a mere intermediary providing transactional services and connecting two parties. Consequently, the Services are, in any case, provided directly by the assigned Partner, who is independent and does not act as an employee of TRANSPORT or its affiliates.
The Partner will be bound by these TRANSPORT Conductor Terms and Conditions (hereinafter referred to as the “Terms and Conditions”).
Before using TRANSPORT Driver, please read these Terms and Conditions carefully.
Please note that the Member may only use and have full access to TRANSPORT Driver when he accepts these Terms and Conditions and has accepted the respective Privacy Policy for TRANSPORT Driver.
These Terms and Conditions apply to all TRANSPORT Driver Partners and are subject to change at any time as a result of changes in TRANSPORT corporate policies.
The Member must visit the TRANSPORT Conductor website and / or application frequently to keep abreast of the current Terms and Conditions. The notifications, terms or other requirements expressly specified or integrated in the website and / or in TRANSPORT Driver, will form an integral part of these Terms and Conditions. Some parts of the Terms and Conditions may be superseded by more up-to-date legal notices, terms or requirements expressly notified, specified or integrated on the website and / or in TRANSPORT Driver. Updated notices, terms or requirements will become effective upon the Company posting or notification of such updates.
If the Partner chooses and uses the TRANSPORT Services, the Partner will be deemed to have read, understood and accepted all the terms set forth herein and accepted that these Terms and Conditions are legally binding on the Partner and the Company. Partner will observe these Terms and Conditions in good faith when using TRANSPORT Driver.
These Terms and Conditions expressly supersede any prior agreement or agreement that the Company has entered into with the Partner for the purpose of using TRANSPORT Driver and the provision of the TRANSPORT Services and the Services.
TRANSPORT reserves the right to seek solutions to disputes that may arise in connection with TRANSPORT Driver, however, in any case it may unilaterally interrupt the provision of any service subject to these General Conditions to the Member, or in general, allow the offer or denial of the access to TRANSPORT Driver and its services or any part thereof, if TRANSPORT believes that the Member has committed a violation of the Terms and Conditions.
Furthermore, TRANSPORT reserves the right to refuse the Member access to TRANSPORT Driver, or the use of websites, TRANSPORT Services or TRANSPORT applications if the Member does not accept these Terms and Conditions.
Furthermore, the Partner declares that he is aware of using the TRANSPORT Services at his own risk and for his own account.
1.Partner registration
1.1 To use TRANSPORT Driver, the Member must download the application, install it on their mobile device and successfully complete the registration procedures. Upon registration, the Member must ensure that all personal information provided is accurate, complete and valid.
1.2 The Member acknowledges and agrees that once registered as a TRANSPORT Driver, his Member account will be opened by default in TRANSPORT Driver. The default account and password will be the Partner TRANSPORT Driver account and password.
1.3. The Partner and any person who uses TRANSPORT Driver or provides the Services must have at least21 years of ageo the age of majority in the Partner jurisdiction (if greater than 21 years) o have full capacity to enter and perform a contract in accordance with applicable law.
TRANSPORT assumes no responsibility for Members who violate the provision of majority age, and their managers, guardians or guardians, so in that case, it will be the managers, guardians or guardians who will directly assume any responsibility and consequence relating to these Terms and Conditions . The Member will not assign or transfer in any way the account linked to his name for the purposes of TRANSPORT Driver to any natural or legal person.
1.4 The Partner understands that before or even after providing the information requested by TRANSPORT, TRANSPORT reserves the right not to provide the TRANSPORT Services to the Partner on the basis of TRANSPORT internal criteria or other factors, determined by TRANSPORT.
2.Services
2.1 The Partner acknowledges that the Company does not provide any real transport service and that the TRANSPORT Services are solely and exclusively as intermediaries. The fact that the Partner contacts a User for the provision of Services through TRANSPORT Driver does not constitute TRANSPORT as a Service provider.
2.2 The Services will be provided exclusively by the Member, who will be fully responsible for the provision of the Services and for the declaration of taxes generated as a result of the provision of the Services.
2.3 The Company does not participate in, nor is it in any way responsible for, the relationship of Services between the Member and the User. Through the TRANSPORT Passenger application, Users can request the Services they need (individual, shared or in any agreed manner) provided by the Partners who will obtain information on requests through TRANSPORT Driver. Through the same application, Partners will be able to connect with Users and will have access to various features of the application or the Platform, including, by way of example, obtaining information on Users' requests and on the revenues from the Services deriving from the provision of these Services. 'User assigned. Revenues will be collected by the Partner via TRANSPORT Driver or paid directly to the Partner by the assigned User as soon as this option exists.
2.4. In order to use TRANSPORT Driver, the Member must provide the Company with some personal information, which must be accurate and complete. The Member undertakes to keep the personal information requested by TRANSPORT Driver updated. In the event that such information cannot be maintained as described, the access and use of the Application and the provision of the Services provided by the same Partner could be affected.
3.Supply of services
3.1 The assigned Partners will agree with the assigned Users the terms of the Service requested. The Service can be requested by the User through TRANSPORT Passenger. Before the User accepts the proposed terms for the Service and the applicable payment has been made, the Member may be in a waiting period for the service. During the waiting period of the service, the Company will provide the Partner with information about the User and the terms proposed. For example, based on the information available offline and online (in real time) and the efficient allocation of offline resources, supported by database analysis, TRANSPORT Driver will send and recommend the options and terms proposed for the Service (estimated rates, route, estimated time, among others) that must be accepted by the User and the Partner via the Platform.
The Service provided by the Partner to the Assigned User begins with the Partner acceptance of the request through TRANSPORT Driver and ends upon completion of the Service to the Assigned User or to the last assigned User (in the cases of shared services, indicated below such as the “Cooperation Period”). During the Collaboration Period, the Partner will be responsible for the Service provided independently (made through TRANSPORT Driver) and will be responsible for any violation or damage caused to the User, the Company or third parties.
3.2.During a period other than the Cooperation Period, the Company does not request or require the Partner to provide Services or to be connected to the Platform.
3.3 A Linked Partner can be linked to more than one Registered Vehicle.
3.4 When a Linked Partner provides Services for a Nominated User through TRANSPORT Driver, the Linked Partner may only be linked to one service.
3.5. The Member undertakes not to provide Services when the elements used to provide his services contain or are related to dangerous items, such as firearms (even in the presence of a safe conduct), knives, blunt weapons or other items or elements that constitute a danger to the User prohibited or deemed inappropriate by any applicable law, rule or regulation; The assigned Partner will assume all consequences and responsibilities deriving from the provision of its services in unsafe conditions for the Users.
3.6. The MemberNOTwill behave uncivilized, nor contrary to morality or public order (including smoking, drinking alcohol or other similar behavior) when providing its Services.
3.7 The Partner will not ask Users, or make them perform, any act that violates any applicable regulation or rule. In the event of an administrative sanction, injury, accident, damage or other loss resulting from such prohibited acts attributable to the Member, the Member will indemnify the party who suffered the damage.
3.8. The Partner will not publish or disclose, to any person and for any purpose, the personal information of any User or other Partner to which it has had access during the provision of the Services, unless such information has been obtained through another legitimate channel and as permitted by applicable law. TRANSPORT is not responsible for the interaction between the different Application Partners, Partners or Users. However, TRANSPORT reserves the right to block access to TRANSPORT Driver or to limit it if there is damage to morality or good morals in the interaction between Members, Drivers or Users.
3.9 The Partner using TRANSPORT Driver and the TRANSPORT websites acknowledges and understands that TRANSPORT Driver is based on the analysis of databases
3.10. By using TRANSPORT, the Partner agrees that the Company may contact him by any means agreed by the Partner directly or on behalf of any other person. The above, in relation to the Member account, for all processing purposes set out in the Member Privacy Policy, including commercial purposes, which must be accepted at the time of registration as a Member.
3.11 The Partner using TRANSPORT Driver cannot access the application to obtain commercial or business information for his own benefit or for the benefit of third parties.
3.12. The Partner agrees and acknowledges that he does not have a subordinate or employment relationship between TRANSPORT or one of its affiliates, or any person or entity that manages or is related to the Partner activities derived from any of the activities carried out by it.
3.13. The collection and use of personal information in connection with TRANSPORT Driver is described in the TRANSPORT Driver Privacy Policy, which forms an integral part of these Terms and Conditions.
4.Obligations and guarantees
4.1 The Partner guarantees that the information provided to TRANSPORT will be true, accurate and complete. In connection with the operation of TRANSPORT Driver and the provision of the Services, TRANSPORT reserves the right to verify information on Members.
4.2 The Partners will comply with the following requirements in order to provide the Services, on the occasion of contact with the Users that could derive from the use of TRANSPORT Driver:
TO. They will comply with any requirement or mandatory condition for the provision of the service, established by any applicable law, regulation or administration provision and will have the necessary and ongoing permits to provide their services according to the law applicable to them; _cc781905-5cde-3194-bb3b -136bad5cf58d_B.Will have good experience providing their services; C. Speak the official language of the country where the service is performed; D.. Understanding foreign languages is an advantage (for simple conversations); _ cc781905-5cde-3194-bb3b-136bad5cf58d_AND. He will have a recently issued criminal record certificate;F. They will not provide the Services in such a way as to endanger the User and could carry out the provision of their services in a risky way; G. They cannot provide the Services or use TRANSPORT Driver if they are in a state of intoxication; H. They cannot provide their Services or use TRANSPORT Driver if they are under the influence of psychoactive substances or if they have a history of drug addiction which necessarily implies a risk in the provision of their Services to Users; _cc781905-5cde -3194-bb3b-136bad5cf58d_THE. They may not have a history of diseases that could endanger their safety and that of the Users during the provision of the Services; J. They cannot have been involved in accidents or infringements exceeding their obligations in the last 3 years;K.They may not have in their possession, at the time of the provision of the Services, a firearm (even in the presence of safe conduct) or other items or elements that constitute a danger to the user, such as sidearms or pointed objects.
Below is a list of diseases or acts that could put the safety of the Users and / or the Driver Partner at risk:
TO.Organic heart disease. B.Epilepsy. C.Maniere syndrome. D.Vertigo. AND.Hysteria. F.Parkinson disease.
G.Psychopathies.H..Dementia and nervous system diseases affecting the use of the extremities .
THE.Cognitive deficits resulting from the use of psychiatric drugs or psychotropic drugs by any means that can be addictive. This situation carries a greater risk when it occurs for prolonged periods, involves addictive conditions and is not treated in a way that completely eliminates the addiction and the effects of the use of these substances.
J.Other diseases (including infectious diseases) that prevent you from driving with the motor skills and motor skills necessary to ensure the safe delivery of the Service (such as some examples: tuberculosis, mumps and other infectious diseases that spread in the air or by droplets ) ._ cc781905-5cde-3194-bb3b-136bad5cf58d_K.Any other conditions required by local laws and regulations.
4.3. Registered vehicles will meet the following standards:
TO.For the provision of the Services, Members will only use Registered Vehicles with respect to which they are legally able to occupy, drive and use, in accordance with the law applicable to them.
B.The equipment or tools used to provide the Services must comply with applicable standards, requirements and technical regulations to be used in the provision of the Services.
C.The equipment or tools used to provide the Services may not have been or may have been involved in a serious infringement or accident.
D.The equipment or tools used to provide the Services will be clean and free of dust, with no apparent damage or scratches.
AND.If there are identification numbers of the equipment or tools, these must be clear.
F.No modification is allowed, no decoration with spray paint and / or elements that modify the equipment or tools used to provide the Services.
G.The equipment or tools used for the provision of the Services must have all their components functioning properly and the Partner undertakes to use these components correctly.
H. The interior decoration will be neat and tidy, with no signs of wear or bad smells.
I. The seats will be neat and tidy, free of wear or creases . J.The tool buttons must be usable normally . K.The elements will be placed in an orderly manner . L. Any other aspect required by applicable laws and regulations.
4.4. The Driver Partner will not transport items delivered separately by a User if the User decides not to board the Registered Vehicle.
4.5. Under no circumstances will TRANSPORT be responsible for objects or goods found or used before, during or after the provision of the Services by the Partner, regardless of the owner of the objects or goods. This includes items that have been inadvertently left behind by the User or a third party.
4.6. It is the Member obligation to keep all mobile device hardware or software up to date to support current TRANSPORT Driver requirements. The Company will not be liable for any problems that may arise when the Partner does not use the most recent and updated version of TRANSPORT Driver and / or uses TRANSPORT Driver on any mobile device that does not comply with the current relevant requirements of TRANSPORT Driver. Partner agrees that Company may periodically update mobile phone software and hardware requirements to use TRANSPORT Driver.
4.7 By using the TRANSPORT Service, the Partner undertakes to:
TO.The Member will use the Services of TRANSPORT in good faith;
B.The Member will use the TRANSPORT Services only for personal use and will not resell them to third parties, nor will he be able to use them to obtain commercial or business information for his own benefit or for the benefit of third parties;
C.The Member will not use the TRANSPORT Services for illegal purposes or to harm third parties;
D. The Member will not use the TRANSPORT or TRANSPORT Driver Services to affect the normal functioning of the telecommunications networks or the technological infrastructure, furthermore, the Partner will not attempt to damage the TRANSPORT Services y will comply with all laws applicable of the country / region, province and / or city where the Partner provides its Services.
5. TRANSPORT Fees and Estimated Fees for Services.
5.1. As part of the TRANSPORT Services, a tariff suggestion mechanism is offered which calculates and provides the parties with an estimate of the amount to be paid for the Services agreed through the Platform. This mechanism works on the basis of an algorithm that takes into account a base rate and other relevant aspects such as traffic, time and distance of the Member and other relevant aspects. This suggested rate varies or will vary depending on the instructions the User gives to the vehicle. The fees of TRANSPORT, for the TRANSPORT Services, are published on TRANSPORT Driver and will be calculated as a commission on the amount of the Services, case by case and as they are updated from time to time.
5.2. Under no circumstances will TRANSPORT provide Services except as an intermediary. The Service will be provided exclusively by the Member, who will be responsible for its provision and payment of the taxes generated as a result of the same.
5.3 The income corresponding to the Services will be charged and collected in two ways, according to the payment method chosen by the User: (1.) directly by the Member, in cases where the User has chosen the cash payment option and (2.) by TRANSPORT on behalf of the Partner or by a third party designated by TRANSPORT (“Authorized Third Party”), acting as attorney to receive payment from the Partner. The payment made by the User for these Services will be considered as the payment made directly to the Partner for the Services. The Partner expressly authorizes and grants a mandate or capacity to represent, depending on the applicable legal figure, to TRANSPORT and the Authorized Third Party to collect the aforementioned income on its behalf.
Where applicable, the Partner expressly authorizes TRANSPORT to withhold the fees that correspond to TRANSPORT for the provision of the TRANSPORT Services and those that will be paid to the Authorized Third Party for collection services, and to pay those on behalf of the Partner to the Authorized Third Party. .
The Partner agrees that TRANSPORT may, in its sole discretion, agree to pay Authorized Third Party commissions on behalf of the Partner as a temporary incentive.
All taxes and withholding taxes due to the relationship between TRANSPORT and / or the Partner with the Authorized Third Party, as well as the temporary incentive, will be exclusively borne by the Partner.
The Partner agrees that the Company may indemnify the above amounts in its discretion based on the Company compensation standards, as issued from time to time.
5.4. TRANSPORT will not be responsible for the issuance of any receipt or invoice requested by Users for the Vehicle Services, as TRANSPORT is not the provider of the Services, and will not be responsible for any errors or non-delivery of said documents. In this sense, neither TRANSPORT nor any third party designated by TRANSPORT will be responsible for any error or failure to issue any document that is required in accordance with the applicable legislation.
5.5 Invoicing
The Partner agrees and acknowledges that during his registration process in the TRANSPORT applications, the Partner will provide the information necessary to determine the billing structure that will be applicable to him and the applicable terms and conditions, in particular in accordance with the applicable tax law. The Member is required to inform TRANSPORT if they are liable for sales tax or value added tax (“VAT”), as the case may be, or if they are not eligible.
To this end, Member will provide such information through TRANSPORT customer service channels.
From the moment in which the Partner communicates to TRANSPORT his status as a VAT payer or not, as the case may be, he undertakes to immediately inform TRANSPORT of any changes relating to his / her obligation to this tax, including the change from not responsible. to responsible for VAT, or vice versa.
Failure to notify any changes in relation to VAT liability will render the Member liable for all taxes, fines, penalties, costs, expenses, interest or compensation that may be assigned or charged or imposed. by any authority or third party due to the change of responsibility of the Non-Driver Member or the Member in terms of VAT.
5.6. It will be the operators or providers of telecommunications services and not TRANSPORT, who will provide and charge for the telecommunications services and related charges, which could be incurred using TRANSPORT Driver.
5.7. The Partner expressly agrees that TRANSPORT may make withholdings, discounts, compensation, suspensions, claim or request the reimbursement of part or all of the payments pending or received from the Partner, in the event of disputes, fraud or improper acts (as defined below) or acts illegal or contrary to the applicable regulations of the Partner regarding the income deriving from the Services, the use of the TRANSPORT Driver application or any of its components, promotions, tools, payment methods, among others. TRANSPORT will make such withholdings, discounts, compensation, suspensions, claims or refunds in accordance with its internal policies and based on TRANSPORT investigation, regardless of any additional measures and penalties that may be taken under applicable law.
6.Service Warranty
6.1 When the Member accepts an online application and offers a Service, the Member is responsible for the quality of the vehicle and safe driving in accordance with the provisions of the Terms and Conditions and the laws applicable in his jurisdiction. TRANSPORT will have no responsibility in this regard.
6.2. In the event that, through the Partner fault, a third party (including Users) suffers damage or a complaint, the Partner will cover the related compensation. In the event that the Partner is guilty of any harm or wrong or that the breach of these Terms and Conditions causes harm to the Company, the Company will have the right to seek compensation from the Partner.
7. Partner Liability by Default
7.1 The Partner will provide the Services in accordance with the standards agreed with the User and the applicable laws in the Partner jurisdiction. It is understood that the Partner does not act in good faith, when it meets one of the following conditions:
A. Disclosure of any inaccurate or incomplete information;
B. Does not respect the conditions agreed with the User;
C. Unjustifiably and intentionally change the path of the Service requested by the User;
D. To charge additional or different fees from those established or abusively;
E. Act against the User or third parties who have reported their violations or for an unsatisfactory comment on the quality of the rented vehicle or the driver. (each hereinafter referred to as “improper act”)
7.2. If the Partner commits an improper act, the Partner will be deemed to have violated these Terms and Conditions, regardless of whether or not the Named User has filed a complaint, and the Company will have the right to terminate the cooperation with the Partner. The Company has the right to require the Partner to pay full compensation for the loss caused by the Wrongful Act.
7.3. The fact that, after accepting the request received through TRANSPORT Driver, the Partner requests or obliges the User to cancel the request (hereinafter referred to as “Incitement to cancel after having accepted a request “)), except that: (1) the User puts the Member at risk, or (2) the Member realizes that the vehicle or driver is not suitable or (3) any other legitimate cause based on the law or the regulations applicable in the Member jurisdiction. In the second case, the damages deriving from the failure to provide the Service, including those caused to the Company, will be borne by the Member. The Partner accepts and authorizes the Company to monitor information relating to the cancellation request after accepting a request. An incitement to cancel after the acceptance of an unlawful request will be understood as fraud.
7.4. If the Partner violates any agreement entered into with TRANSPORT or its affiliates, the Company may, in its sole discretion, terminate these Terms and Conditions with the Partner, as the case may be.
7.5. The Partner agrees to indemnify the Company, its affiliated entities and the officers, directors and employees of the Company immediately upon request, for all claims, liabilities, damages, costs and expenses, including attorney fees, arising from any breach of these Terms. and conditions stipulated by the Member and TRANSPORT or any other liability arising from the use of TRANSPORT Driver by the Member.
7.6. If the registered vehicle does not match the registered information, including but not limited to fake vehicle plates, invalid documents, fake vehicle branding, the Partner will pay TRANSPORT a fine of $ 100 USD o equivalent in local currency. TRANSPORT, in the meantime, will have the right to terminate the contract with the Partner and permanently stop the provision of the TRANSPORT Services for the Partner.
7.7. The Company has the right to collect from the manager any amount exceeding the amount of the corresponding compensation pursuant to the law, as well as to take measures against defaulting or transgressors.
8. Liability for Deception
The Company strongly opposes any conduct aimed at obtaining economic incentives or other benefits through any form of deceptive or resale behavior that may violate applicable laws and regulations. The Partner will assume responsibility for such deceptive or fraudulent conduct, and such conduct is considered a serious violation of these Terms and Conditions. Likewise, the Company reserves the right to exercise the relevant actions or any rights which are enshrined in these Terms and Conditions and which are recognized under applicable law.
9. Suspension and termination
9.1. The Company will determine, in its sole discretion, whether a violation of these Terms and Conditions has occurred by virtue of the Member use of TRANSPORT Driver. When a violation of these Terms and Conditions has occurred, the Company may take any action it deems appropriate.
9.2. A breach of these Terms and Conditions may result in, including but not limited to the following measures:
1. Notification to the competent authorities of acts that result in non-compliance with the Terms and Conditions or with the applicable legal provisions, as well as any relevant data;
2. Immediate, temporary or definitive suspension and / or revocation of the Member right to use TRANSPORT Driver;
3. To initiate legal action and legal action against the Partner to obtain reimbursement of all costs by way of compensation (including, without limitation, reasonable legal and administrative fees) arising from the infringement; or
4. Further Legal Actions Against the Partner.
10. Local regulatory restrictions
TRANSPORT does not influence or induce individuals to access TRANSPORT Driver in any jurisdiction where (due to nationality, residence or otherwise) the access or availability of TRANSPORT Driver is prohibited or restricted, including registration or other requirements requirements within that jurisdiction.
TRANSPORT reserves the right to restrict access to TRANSPORT Driver. Anyone accessing TRANSPORT Driver in any jurisdiction does so on their own initiative and is responsible for complying with applicable local laws and regulations.
TRANSPORT will not be liable to any Partner for any loss or damage, whether based on contractual provision, tort (including negligence), breach of legal obligations or otherwise, however foreseeable, arising from or related to the use by a person in a jurisdiction where the access or availability of TRANSPORT Driver is prohibited or restricted. If in doubt, the Partner should obtain independent legal advice.
11. Absence of Warranties
11.1. No warranties, express or implied, are given with respect to TRANSPORT Driver and the material published on TRANSPORT Driver, including but not limited to its content.
11.2. Except as expressly set forth in these Terms and Conditions, all warranties, conditions and representations, express or implied by law or otherwise established by TRANSPORT (including, without limitation, guarantees of satisfactory quality, fitness for purpose or skill and care) are excluded. by this provision where permitted by law.
12. TRANSPORT Limitation of Liability
12.1. Any information or recommendations provided to the Partner on the TRANSPORT websites or in TRANSPORT Driver are for Partner reference purposes only. TRANSPORT will make every reasonable effort to ensure the accuracy of such information, provided that TRANSPORT does not warrant that such information is free from errors, defects or viruses.
12.2. TRANSPORT will not be liable for any damages resulting from the use or inability to use the TRANSPORT or TRANSPORT Driver websites. Likewise, TRANSPORT will not be liable for any damages resulting from the use or inability to use the electronic communication tools of the TRANSPORT or TRANSPORT Driver websites, including, without limitation, damages caused by non-transmission, Internet malfunction or delay of electronic communications, interception or manipulation of electronic communications by third parties or computer programs used for electronic communication and transmission of the virus, power outages, strikes or other labor disputes, riots, riots, riots, earthquakes, fires, floods, storms, explosions, wars; acts of the government, orders of the judicial or administrative authorities or any other cause of force majeure or omission of third parties.
12.3. TRANSPORT will not be liable for any indirect, moral, consequential, special, exemplary, punitive or incidental damages, including lost profits, data loss or material damages relating to or otherwise resulting from the use of TRANSPORT Driver or the Partner performance of the Services, regardless of TRANSPORT negligence (active, affirmative, unique or concurrent), even if TRANSPORT has been advised of the possibility of such damages.
12.4. TRANSPORT assumes no responsibility for the accuracy, completeness, sufficiency and reliability of the information and content included in TRANSPORT Driver or on TRANSPORT websites, including but not limited to text, images, data, opinions, web pages or links. . despite their efforts to provide information as accurate and complete as possible. TRANSPORT declines all responsibility for any errors or omissions and does not provide express or implied warranties.
12.5. The Partner understands and acknowledges that when using TRANSPORT Driver, the Company processes a large amount of information on the internal server based on such use and provides information on the Partners available on the User mobile device and vice versa, after which the Partner provides the Services to the 'Offline user.
12.6. In no event is the Company total liability towards the Partner, in connection with the operation of TRANSPORT Driver or the Services.
13. Authorization and License
13.1. Subject to the Partner compliance with these Terms and Conditions, TRANSPORT grants the Partner a limited, non-exclusive and non-transferable license to download and install one copy of the Applications on a single mobile device owned or controlled by the Partner to use such copy of the Applications for Partner personal use only.
13.2. The Partner may not: (1) license or sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to third parties TRANSPORT Driver or other TRANSPORT services in any way; (2) modify or create derivative works based on or based on TRANSPORT Driver or the Services or other TRANSPORT services; (3) create Internet “links” to TRANSPORT Driver or other TRANSPORT services, or “frame” or “mirror” any application on any other wireless or Internet-based server or device; (4) access TRANSPORT Driver or other TRANSPORT services for the purpose of designing or creating a competitive product or service, designing or creating a product using ideas or graphics similar to TRANSPORT Driver or other TRANSPORT services, or copying ideas, features, functions or graphics TRANSPORT Driver or other TRANSPORT services; or (5) run any automated program or script, or any program that may make multiple requests to servers per second, or that unduly hinders or unduly impairs the operation and / or performance of TRANSPORT Driver or other TRANSPORT services.
13.3. In addition, Partner must not: (1) send spam or duplicate or unsolicited messages in violation of applicable laws; (2) post or store material that violates, obscene, threatening, defamatory or otherwise illegal or unlawful, including material that violates the privacy rights of others; (3) send or store any material that contains software viruses, Trojans or other harmful or disruptive code, files, scripts, agents or programs; (4) interfere with or impair the integrity or operation of the TRANSPORT websites, its applications or the Services or data existing on such occasion; or (5) attempt to gain unauthorized access to the TRANSPORT website, its applications, the TRANSPORT Services or other TRANSPORT services or related systems or networks.
13.4.TRANSPORT will have the right to investigate and execute all the actions and requests that the law and these Terms and Conditions reserve to TRANSPORT, in case of violation of the obligations established above and to file a complaint for any of the aforementioned violations to the maximum extent permitted by law. TRANSPORT may go to administrative or judicial authorities to bring legal action against any Member who has violated these Terms and Conditions. If TRANSPORT determines that any content violates these Terms and Conditions or is otherwise harmful to the TRANSPORT website, TRANSPORT Driver and / or related services or applications, TRANSPORT reserves the right to remove or prohibit access to such content at any time. without notice.
14. Intellectual Property Policy
14.1.TRANSPORT and its affiliates own the intellectual property rights in all content distributed on TRANSPORT Driver, including but not limited to software provided and products or services related to TRANSPORT Driver and other TRANSPORT services, and such intellectual property rights are protected by law. The lack of a declaration of ownership of certain contents does not imply that TRANSPORT does not own them or cannot assert their rights over them and the Partner will respect the rights and legitimate interests of the owner and will use said contents legally in accordance with the applicable legislation, laws and regulations and the principle of good faith.
14.2 Without the written consent of TRANSPORT, no natural or legal person will use, copy, modify, extract, include with other products for use or sale, link or transmit via a hyperlink, store in an information retrieval system nor you use for any other commercial purpose any part of the software, products or TRANSPORT Driver or other TRANSPORT services, the information or the aforementioned words in any way and under any circumstances, except downloading or printing for personal non-commercial use , it being understood that no changes will be made to the foregoing, and that the copyright or other proprietary statement contained therein will remain in force.
14.3. The trademarks, logos, banners and commercial slogans or other elements protected by regulations or laws on intellectual property (hereinafter jointly referred to as “Trademarks”) used and displayed in TRANSPORT Driver or on the TRANSPORT web pages will constitute the trademarks. registered or not, of TRANSPORT and its associated companies, protected by law. No person may in any way use the contents of said software, “TRANSPORT Driver” and “TRANSPORT Passenger” and similar names, as well as the Trademarks without the written consent of TRANSPORT.
14.4. If the Member prints, copies, downloads, modifies or links to any of the Content available through the Website or Application, in violation of these Terms and Conditions, the Member right to use the Company websites and Application may be terminated immediately and the Member shall, at the Company discretion, return or destroy any copies (electronic or otherwise) of the materials made or reproduced by the Member.
15. Third Party Services and Links
15.1.During the use of its websites and applications, TRANSPORT may, from time to time, provide the Partner with links to websites owned and controlled by third parties (the “Third Party Services”), to facilitate the purchase. of products or services or to participate in promotional activities offered by said third parties.
By clicking on these links, the Partner will leave the TRANSPORT website or TRANSPORT Driver will visit websites hosted by such third parties which are beyond TRANSPORT control and where such third parties have developed their own terms, conditions, privacy policies , which may apply to Partner Use of Third Party Services. Therefore, TRANSPORT will not be responsible for the content and activities of such web pages and TRANSPORT will not assume any obligation in this regard. The Partner will fully understand the content and activities of such websites and will fully assume the legal responsibility and risks arising from the Partner browsing or access to such websites.
16. Term
16.1 These Terms and Conditions agreed between the Member and TRANSPORT will have an indefinite duration.
16.2. In cases where the Company determines or believes that the Member has committed an improper act, the Company reserves the right to immediately take the measures it deems appropriate, including, without limitation, the termination of the relationship between TRANSPORT and the Partner, which will prevent the Partner from accessing the TRANSPORT Services to rely on them to provide Services to Users. An improper act can involve the following measures:
to. The Company has the right to request compensation or compensation from the person responsible for any amount exceeding the amount of compensation corresponding to the law, as well as to take measures against defaulting or transgressors.
b. The Partner has the right to terminate the TRANSPORT Services at any time by canceling their user account at any time according to the instructions posted on the TRANSPORT websites or in TRANSPORT Driver. After such cancellation, the Partner will not be able to use or rely on TRANSPORT Driver to provide the corresponding Services until the Partner registers and successfully reinstalls TRANSPORT Driver.
16.3. Even if TRANSPORT terminates these Terms and Conditions, the Member will be liable for any damage or loss that may arise from its violation.
16.4. After termination, TRANSPORT will send the respective notification in accordance with these Terms and Conditions.
16.5. Except as required by applicable law or set forth in these Terms and Conditions, TRANSPORT will not be required to provide notice of termination of these Terms and Conditions. After termination, TRANSPORT will send the respective notice in accordance with these Terms and Conditions.
17. Fortuitous event or force majeure
In the event that a fortuitous event or force majeure occurs, the interested party may temporarily suspend the fulfillment of the obligations provided for in this instrument until the effect of said cause of fortuitous events or force majeure ceases, and not will incur in default. to contract; the above, it being understood that said party will endeavor to resolve said cause and mitigate losses. Fortuitous event or force majeure means any unforeseeable and inevitable cause (even when foreseeable) beyond the control of the parties that prevents, affects or delays the fulfillment by any part of all or part of its obligations under this instrument. Such causes include, but are not limited to, earthquakes, wars, changes in laws, regulations and government policies, computer viruses, hacker attacks, or the suspension of services provided by telecommunications companies.
18. General provisions
18.1 If a court or competent authority finds that any provision of the Terms and Conditions (or any part of any provision) is invalid, unlawful or unenforceable, such provision or partial provision will be deemed canceled, to the extent necessary, and the validity e The applicability of the other provisions of these Terms and Conditions will not be affected. The Terms and Conditions constitute the entire agreement between the parties in relation to its subject matter and supersede and terminate all previous drafts, agreements, arrangements and understandings between them, written or oral, relating to its subject. In these Terms and Conditions, the words “included” and “included” mean “included, but not limited to”.
18.2.TRANSPORT may send a notice by posting a general notice on its website and / or TRANSPORT Driver or by sending an email or text message to the email address or mobile number registered in the account information of the Member. Notifications, which may be published from time to time, will form part of these Terms and Conditions.
18.3 The Partner will not assign any of the rights under these Terms and Conditions without the prior written consent of TRANSPORT.
19. Applicable law
19.1 These Terms and Conditions are governed by the applicable laws of Spain.
19.2. In the event of a dispute relating to TRANSPORT Driver or the provision of the Services that in any way involves TRANSPORT, the Partner must first seek the resolution of the dispute by referring the dispute to TRANSPORT via Customer Service, TRANSPORT will investigate the matter and will do its best to resolve disputes upon notification. If the Parties are unable to resolve the dispute in good faith, such dispute will be resolved by arbitration in accordance with the terms set out below.
19.3. Any conflict, claim or dispute arising out of or in connection with the violation, termination, interpretation, validity or validity of these Terms and Conditions or the use of the TRANSPORT or TRANSPORT Driver websites, will be brought to the knowledge and definitively resolved, by an international arbitral tribunal. The language to be used in the arbitration proceedings will be Spanish. The arbitrator decision will be final and binding on the parties, except for manifest error. The arbitrator expenses will be equally borne by the Parties or as directed by the arbitrator. Partner expressly and irrevocably waives its right to submit the dispute to the courts or arbitral tribunals of any other jurisdiction.
20. Subsistence
Even in the event of termination or cancellation of these Terms and Conditions, the provisions relating to the Partner;s infringement liability, the intellectual property clauses, the Partner;s obligation of confidentiality and the applicable laws and jurisdiction will survive.
21.Attachments
TRANSPORT may freely decide the attachments for each territory in which it operates, establishing specific rules applicable to it. As a general rule, these Terms and Conditions will prevail over said annexes. However, should the annexes need to prevail due to particular local regulations, this will be expressly established in the respective regulations.
TERMS AND CONDITIONS OF USE OF THE TRANSPORT APPLICATION