Terms And Conditions

Last updated: 12/27/2021 These Terms of Use govern the access or use by individuals from Egypt of the applications, websites, content, products and services provided by WhereApp, a limited liability company incorporated in Cairo, Egypt and registered in Cairo with the Commercial Investment Registry. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. By accessing and using the Services, you agree to be bound by these Terms, which establishes a contractual relationship between you and WhereApp. If you do not agree to these Terms, you may not access or use the Services, and these Terms specifically supersede any prior agreements or arrangements with you. WhereApp may, subject to compliance with applicable law, immediately terminate these Terms or any of the Services with respect to you or generally cease offering or deny access to the Services or any part thereof at any time and for any reason, and your continued use of the Service after any changes, whether you By viewing it or not, you agree to and accept these changes. Some supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and these supplemental terms will be disclosed to you in connection with the services provided. Supplemental Terms are in addition to and form part of the Terms for the purposes of the Services. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the Services provided. WhereApp may amend the Terms relating to the Services from time to time. Amendments will be effective upon WhereApp posting these updated terms on this site or posting revised policies or supplemental terms relating to the service provided. Your continued access to or use of the Services after such posting constitutes your agreement to be bound by the Terms as amended. We collect and use personal data in connection with the Services as set out in WhereApp's Privacy Policy You hereby confirm that you have read and accept WhereApp's Privacy Policy and expressly consent to WhereApp providing the necessary information (including your contact information) ) to claims settlement companies or insurance companies in the event of a complaint, dispute or disagreement which may involve an accident between you and an external service provider (including a network company driver) where such information or data is necessary to settle the complaint, dispute or dispute. The Services constitute a technology platform that enables users of WhereApp's mobile applications or websites available as part of the Services (each an Application) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including third party transportation service providers Freelancers and independent third-party logistics service providers under agreement with WhereApp or some of its subsidiaries) Third Party Providers The Services are provided for your personal, non-commercial use only unless WhereApp agrees otherwise in a separate written agreement with you. You acknowledge that WhereApp does not provide transportation or logistics services or act as a carrier and that all transportation or logistics services are provided by independent third party contractors who are not employed by WhereApp or any of its affiliates. Each transportation service provided by the driver to the passenger constitutes a separate agreement between each of them, knowing that WhereApp is a technology company that does not provide transportation services directly, that is, it is not considered to be the provider of the transportation service. It is up to the third party transportation service providers to offer you their services, and you have the option to accept them. The company's service aims to be the link between you and the aforementioned transportation service providers, but it does not provide transportation services and does not intend to provide them or do any work that can be interpreted in any way as falling within the work of transportation service providers. Each partner driver has his own personal account, and he is not entitled to delegate, sell, rent, or assign it to others for the account of others, and no one other than the driver has the right to use the account for any reason, and in the event that the account is used by a person other than the driver, WhereApp has the right to take the necessary action to suspend the account for a period The driver is not entitled to claim compensation or the rest of his financial dues, and the driver bears responsibility for all activities that take place in the name of his account, and WhereApp has the right to return to him for compensation. The driver partner does not represent WhereApp and has no right to speak on its behalf. Terms and conditions Do not make him authorized in her name. WhereApp grants you, subject to your compliance with these Terms, a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in all such cases for personal, non-commercial use only. WhereApp and its licensors reserve any rights not expressly granted in these Terms. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; or (ii) reproduce, modify, prepare derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, broadcast, circulate, publish or otherwise exploit the Services except as expressly permitted by WhereApp ; (iii) tamper with, reverse engineer or disassemble it except as permitted by applicable laws; (iv) link to, mirror, or frame any part of the Services; (v) create or cause the creation of any programs or scripts for the purpose of scraping, indexing, deleting or otherwise exploiting any part of the Services, or improperly overburdening or impairing the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or damage any aspect of the Services or any related systems and networks. The Service contains Content that includes, but is not limited to, designs, images, audio, text, databases, computer code, registered and unregistered trademarks, and other similar properties, owned or licensed by WhereApp, which are protected by copyright laws. trademarks, patents, trade secrets, and other laws. WhereApp and its licensors, as applicable, also own, All legal, proprietary and other rights, including all proprietary rights in and to the Software and/or Application, and by extension the Service and any suggestions, ideas, improvement requests, feedback, recommendations or other information provided by you or any other party connected to the Service. These Terms of Use do not constitute an agreement of sale and do not transfer to you any ownership rights in or related to the Service, Software and/or Application, or any other property rights owned by WhereApp and/or its licensors. The WhereApp name, logo, software and/or application, carrier logos and product names accompanying the Software and/or application are trademarks of WhereApp or third parties, and no right or license is granted to use them. In connection with your use of the WhereApp and your participation in the Services, you agree that you: You will not impersonate any person or entity by cheating. Or you will not stalk, threaten or harass anyone or even carry any weapons. or you will not violate any law, statute, municipal ordinance or regulation. or you will not interfere with or disrupt the Services or break into servers or networks connected to WhereApp. You will not post information or interact on WhereApp or the Services in a way that appears to be false, inaccurate, misleading (directly or by negligence or negligence in updating information), defamatory, defamatory, immoral, profane, profane, profane, harmful or objectionable. sexual, threatening, harassing, or illegal orientation. or you will not abuse WhereApp in any way that infringes the rights of any third party including without limitation intellectual property rights, copyrights, patents, trade secrets or other proprietary rights, or rights of publicity or privacy. You will not send by regular mail, e-mail or otherwise transmit, by any means, any malicious code, files or programs designed to disrupt, disable or limit the performance of software, hardware or communication equipment, or to intercept or expropriate any system or Data or personal information is kept confidential. Or you will not forge headers or otherwise manipulate identifying data to disguise the origin of any content transmitted through WhereApp. You will not modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Software or any other software used on or for WhereApp. OR YOU WILL NOT RENT, LEASE, LEANT, LEANT, SELL, REDISTRISE, OR SUB-LIKE WHERE APP AND THE SITE OR ACCESS TO A PART OF WHERE APP. or you will not use a robot, web crawler, site search/retrieval application, manual or automated device, or other methods that retrieve, index, aggregate, "data scrape," or in any way reproduce or circumvent the navigational structure or metadata of the WhereApp or its contents . or you will not create liability for us or make us subject to any regulation as a carrier or taxi service provider. or you will not link directly or indirectly to any other websites. or you will not transfer or sell your account, password and/or identifier to any other party. Or you will not induce others to engage in the activities prohibited above. You must keep in confidence all information and data relating to WhereApp, its services, products, business affairs, marketing and promotional plans, or its other business and associated companies disclosed to you by or on behalf of WhereApp (whether orally or in writing, and whether on the date hereof). or before or after the Agreement) or obtained directly or indirectly from WhereApp or any of its affiliates or arising in the course of this Agreement. You must also ensure that it and its officers, employees and agents use such confidential information only in order to fulfill the services, and may not, without the prior written consent of WhereApp, disclose such information to third parties nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents on a need-to-know basis in order to fulfill its obligations under this Agreement. You also agree to take all reasonable measures to protect the confidentiality of WhereApp Confidential Information and to avoid disclosure or use thereof, in order to prevent it from being included in the public domain. Notwithstanding the above, you will have no liability to WhereApp in respect of any Confidential Information where you can prove that: It was in the public domain at the time it was disclosed by WhereApp or it was included in the public domain through no fault of your own, or is known to you, without restriction, at the time of disclosure, as is evident from the facts of the files at the time of disclosure, or is disclosed with the prior written consent of WhereApp, or becomes known to you, without restriction, from any source other than WhereApp without breaching this agreement from You are not an infringer of WhereApp's rights, or are disclosed pursuant to an order or request of a court, administrative body or governmental body; However, you are required to provide WhereApp with immediate notice of an order or court order, in order to be able to petition for a protective order or to prevent or restrict such disclosure. You acknowledge that portions of the Services may be made available under various WhereApp brands or ordering options associated with transportation or logistics services, including without limitation types of transportation services, and you further acknowledge that the Services under such brands or ordering options may be provided by or in connection with The following: (i) certain subsidiaries and affiliates of WhereApp; or (ii) independent third-party service providers, including transportation network company drivers, transportation charter permit holders, or holders of similar transportation permits, authorizations, or licenses. The Services may be provided or accessed in connection with third party services and content (including advertising) that WhereApp does not control. You acknowledge that different terms of use and privacy policies may apply to your use of Third Party Services and Content. WhereApp does not endorse third party services and content and is in no way responsible for any third party service providers' products or services. In addition, Apple Inc., Google Inc., Microsoft Corporation, BlackBerry Limited and/or their respective international subsidiaries and affiliates are third party beneficiaries of this Contract if you access the Services using applications specifically designed for Apple iOS, Android or Microsoft Windows mobile devices. or Blackberry, respectively. These third party beneficiaries are not parties to this Contract and are not responsible for providing or supporting the Services in any way. Your access to the Services using such devices is subject to the terms set forth in the applicable Third Party Beneficiary Terms of Service. The Services and all rights in them remain the property of WhereApp or its licensors. Neither these Terms nor your use of the Services grant you any rights: (i) in or in connection with the Services other than the limited license granted above; or (ii) to use or refer in any way to WhereApp's or its licensors' company names, logos, product and service names, trademarks, or service marks. users accounts. In order to use most aspects of the Services, you must register for and maintain an active personal User Services account, and you must be at least 18 years of age or be the legal age of majority in your jurisdiction (if other than 18) to You get an account. Account registration requires providing certain personal information to WhereApp such as your name, address, mobile phone number, age, as well as at least one valid payment method (either a credit card or an accepted payment partner). You agree to keep accurate, complete and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date information in your account may result in. including assigning an invalid or expired payment method, to your inability to access or use the Services or WhereApp's termination of these Terms with you. You are responsible for all activities that occur under your account name, and you agree to keep your account username and password secure and confidential at all times. You may not have more than one account unless WhereApp authorizes you otherwise in writing. User requirements and behaviour. The Service is not available for use by persons under the age of 18. You may not delegate the use of your account to third parties, nor may you allow persons under 18 years of age to obtain transportation and logistics services from third party service providers unless they are accompanied by you. You may not assign or transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Services and may only use them for lawful purposes (for example, not to transmit illegal or dangerous materials). You may not, in your use of the Services, cause harm, inconvenience, inconvenience, or damage to property, whether to third-party service providers or to any third parties. In some cases, you may be required to provide identification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide identification. By creating an account, you agree that the Services may send you certain informational text messages as part of the normal business course of your use of the Services. You have the right to refuse to receive text messages from WhereApp at any time, and you acknowledge that refusing to receive text messages may affect your use of the Services. WhereApp may, at its sole discretion, create promotional codes or codes that may be redeemed and credited to the account or other features or benefits in connection with the Services and/or services of third-party service providers, subject to any additional terms established by WhereApp on the basis of each promotional code or code, and you agree to YOUR PART THAT PROMOTIONAL CODES OR CODES: (i) MUST BE USED FOR THE INTENDED AUDIENCE AND PURPOSE AND LAW; (ii) may not be copied, sold, transferred in any way, or made available to the public (whether posted on a public form or otherwise), unless expressly permitted by WhereApp; (iii) may be disabled by WhereApp at any time for any reason without any liability to WhereApp; and (iv) can only be used in accordance with the specific terms established by WhereApp for each code or promotional code; (v) not valid for cash payment; and (vi) may terminate prior to your use of it. WhereApp reserves the right to withdraw or deduct credits, features or other benefits obtained through the use of promotional codes by you or any other user in the event that WhereApp determines or believes that the use or redemption of promotional codes or codes was in error or fraudulent is illegal or otherwise violates the terms of the applicable promotional codes or these Terms. User Provided Content. WhereApp may, in its sole discretion, permit you from time to time to submit, upload, post or otherwise make available to WhereApp textual, audio and/or visual content and information through the Services, including comments and feedback relating to the Services, and creating support requests and provide entries for contests and promotions. Any User Generated Content submitted by you remains your property. However, by submitting your UGC to WhereApp, you grant them a worldwide, perpetual, irrevocable, non-transferable, royalty-free license, You also have the right to sublicense, use, copy, modify, create derivative works from, distribute, publicly display, publicly perform and otherwise exploit User Content in all forms and distribution channels now known or hereafter invented (including in connection with WhereApp's services and business as well as third-party websites and services), without further notice to you or approval from you and without the need for payment to you or any other person or entity. You represent and warrant that: (i) you are either the exclusive and sole owner of all User Content or you have all rights, licenses, consents and releases necessary to grant WhereApp a license to use the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, posting or otherwise making available of such User Content nor WhereApp's use of the User Content will infringe, misappropriate or violate any third party intellectual property, proprietary, copyright or privacy rights or to breach any applicable laws or regulations. You agree not to submit any User Content that is defamatory, defamatory, hateful, violent, obscene, pornographic, illegal or otherwise offensive, as determined by WhereApp in its sole discretion, whether or not such material is protected by law. WhereApp may review, monitor or remove User Content in its sole discretion at any time for any reason without notice to you, but is not obligated to do so. You are responsible for obtaining the necessary network access data to use the Services. Your mobile network's messaging and data rates and charges may apply to you if you access or use the Services from a wireless device and you are responsible for those rates and charges. It is your responsibility to maintain and update appropriate equipment or devices that are necessary to access and use the Services and Applications and any updates thereto. WhereApp does not guarantee that the Services, or any part thereof, will work on any particular equipment or devices. In addition, the Services may suffer from malfunctions and delays that are inherent in the use of the Internet and electronic communications. You understand that use of the Services may result in charges to you for services or goods obtained from a Third Party Provider, and after you have received services or goods obtained through your use of the Service, you hereby expressly agree that WhereApp or its contracted collection agent With this purpose you will facilitate the payment of applicable fees on behalf of the Third Party Provider in its capacity as the Third Party Provider's limited payment collection agent. Such payment of the Fee is as effective as if the payment was made directly by you to the Third Party Provider. Fees will include applicable taxes as provided by law. Without prejudice to applicable laws and regulations, all fees paid by you are final and non-refundable, unless otherwise specified by WhereApp. All fees are due with immediate effect and payment is facilitated by WhereApp using your preferred payment method specified in your account after which WhereApp or its contracted collection agent for this purpose will email you a receipt. If the primary payment method you designate in your account is expired, invalid, or cannot be paid through, you agree that WhereApp or its contracted collection agent for this purpose, in its capacity as the Third Party Provider's limited payment collection agent, may use the secondary payment method in your account, if any. As agreed between you and WhereApp, and without prejudice to applicable laws and regulations, WhereApp reserves the right to create, cancel and/or revise fees for any or all services or goods obtained through the use of the Services at any time at WhereApp's discretion Absolute. Further, you acknowledge and accept that applicable fees in certain geographic areas may be significantly increased during times of high demand. WhereApp will use reasonable efforts to notify you of Charges that may apply to you provided that you will be liable for Charges incurred under your Account regardless of your knowledge of them or the amounts thereof. WhereApp may from time to time provide certain Users with promotional offers and discounts that may result in varying amounts being paid for the same or similar services or goods while using the Services and you agree that such promotional offers and discounts shall not be, unless You are also provided with a connection to your use of the Services or the fees charged to you. You may choose to cancel your order for services or goods from a Third Party Provider at any time prior to the arrival of the Third Party Provider in which case you may be required to pay a cancellation fee. This payment structure is intended to fully compensate the third party service provider for the services and goods provided. Except for taxi transportation services ordered through the Application, WhereApp does not allocate any portion of your payment as a tip or tip to the Third Party Provider. Any statement by WhereApp (on its website or in the application or WhereApp's marketing materials) that tips are "voluntary", "unconditional", and/or "included" in payments you make for services or goods offered is not intended to imply WhereApp will not provide any additional amounts to the Third Party Provider other than the amounts indicated above. You understand and agree that while you are free to make additional payments as a tip to any Third Party Provider who provides services and goods to you through the Service, you are under no obligation to do so. Gratuities are paid voluntarily. After you have obtained services and goods through the Service, you will have the opportunity to rate your experience and provide additional feedback regarding the Third Party Provider. You hereby expressly agree that you will be liable for the cost of repairing damages (or necessary cleaning) to the Third Party Provider's vehicles and property arising from the use of the Services under your account in excess of the damages arising from "normal wear and tear" and necessary cleaning, repair or cleaning. The Services are provided on an "as is" and "as available" basis. WhereApp DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES EXPRESS, IMPLIED OR STATUTORY NOT EXPRESSLY MADE IN THESE TERMS INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, WhereApp makes no representations, warranties or warranties as to the reliability, timeliness, quality, suitability or availability of the Services or any of them or goods ordered through the use of the Services or that the Services will be uninterrupted or error-free. WhereApp does not guarantee the quality, suitability, safety or capability of third party service providers. YOU AGREE THAT THE ENTIRE RISK ARISING FROM YOUR USE OF THE SERVICES OR ANY SERVICES OR GOODS ORDERED IN CONNECTION WITH SUCH USE REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WhereApp shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, personal injury or property damage related to or in any way arising from the use of the Services even if WhereApp has been advised of the possibility of such damages. WhereApp will not be liable for any damages, liabilities or losses arising from: (i) your use of or reliance on the Services or your inability to access or use the Services; OR (ii) ANY BUSINESS TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WHEREApp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WhereApp shall not be liable for delays or non-performance arising from causes beyond WhereApp's reasonable control. YOU ACKNOWLEDGE THAT THIRD-PARTY TRANSPORTATION PROVIDERS PROVIDING THESE SERVICES REQUESTED THROUGH SOME ORDER MAY BE RIDE-SHARING OR PEEPER-TO-Peer TRANSPORTATION SERVICES, AND MAY NOT BE PROFESSIONALLY LICENSED OR AUTHORIZED. You may use WhereApp Services to request and schedule transportation services or delivery of goods or logistics services by third party service providers except that you agree that WhereApp shall have no responsibility or liability to you for any transportation services or delivery of goods or logistics services provided to you by third party service providers unless It is expressly set forth in these Terms. You agree to indemnify and hold harmless WhereApp and its officers, directors, employees and agents from all claims, demands, losses, liabilities and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through the use of the Services; or (ii) your breach or violation of any of these Terms; (iii) WhereApp's use of your User Content; or (iv) your violation of the rights of any third party, including third party service providers. The law governing the terms. Except as provided in these Terms, these Terms shall be governed solely by the laws of the Arab Republic of Egypt and shall be construed in accordance with them. The 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms. arbitration agreement. Except as provided in this arbitration agreement, this agreement shall be governed solely by and construed in accordance with the laws of the Arab Republic of Egypt, except for its rules of conflict of laws. The 1980 Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms. Any disputes, controversies, claims or litigations arising out of or relating to these Services or these Terms, including with respect to their validity, interpretation and enforcement (any Dispute) shall initially be compulsorily resolved through settlement procedures under the Cairo Regional Center for Commercial Arbitration Rules International (Cairo Regional Center for International Commercial Arbitration Rules) If the aforementioned dispute is not settled within sixty (60) days of submitting a request to settle the dispute under the aforementioned Cairo Regional Center for International Commercial Arbitration rules, then this dispute must be referred to arbitration and finally and exclusively resolved under the Center’s rules Cairo Regional International Commercial Arbitration. The dispute must be resolved by appointing one (1) arbitrator in accordance with the rules of the Cairo Regional Center for International Commercial Arbitration. The seat of both mediation and arbitration shall be Cairo, Egypt. The language of the mediation and/or arbitration shall be Arabic, unless you are a non-native speaker of English, in which case the mediation and/or arbitration shall be conducted in Arabic and your native language. The fact of the existence and content of the mediation and arbitration proceedings, including documents and case notes submitted by the parties, shall remain, Correspondence to and from the Cairo Regional Center for International Commercial Arbitration, correspondence from the mediator, correspondence, orders and decisions of the sole arbitrator are strictly confidential and shall not be disclosed to any outside party without the express written consent of the other party unless: (i) disclosure to the third party is required reasonably in the course of carrying out a mediation or arbitration proceeding; and (ii) the third party unconditionally agrees in writing to be bound by the confidentiality obligations set forth in these Terms. Claims of copyright infringement should be sent to WhereApp. WhereApp may send notices by sending a general notice regarding the Services, by sending an email to your mailing address on file with your account, or by sending a written letter to your address on file with your account. You may not assign or transfer ownership of any of these Terms and Conditions in whole or in part without the prior consent of WhereApp. But you agree to give Your consent to WhereApp to enable WhereApp to assign or transfer ownership of these Terms in whole or in part, including to: (i) any subsidiary or affiliate; or (ii) an acquirer of WhereApp's stock, business or assets, or (iii) its successor company in the event of a merger. No joint venture, partnership, employment or agency relationship will arise between you, WhereApp or any other third party service provider as a result of the contract between you and WhereApp or use of the Services. In the event that any provision of these Terms is determined to be illegal, void or unenforceable in whole or in part and under any law, that provision or part of the provision shall be deemed not to be a part of these Terms without any effect on the legality, validity or enforceability of the remaining provisions of these Terms. . In this case, the parties shall replace the unlawful, invalid or unenforceable provision/part of the unlawful, invalid or unenforceable provision with a legal, valid and enforceable provision/part provided that it has an effect similar, as far as possible, to the unlawful, invalid or unenforceable provision/part unenforceable subject to the content and purpose of these Terms. These Terms constitute the entirety of what has been agreed upon and understood between the two parties in relation to its subject matter, and it supersedes and supersedes all previous and contemporary agreements and undertakings regarding the subject matter.