MUSAFIR Terms & Conditions
Last updated: May 24,
2022
These terms of service constitute an agreement (the “Agreement”) between you
and MUSAFIR (“MUSAFIR”, “we,” “us” or “our”) governing your use of the MUSAFIR
application and website.
1. Accepting Terms of Use
1.1. IMPORTANT: BY USING THIS SERVICE, YOU AGREE THAT YOU HAVE READ,
UNDERSTOOD, ACCEPTED, AND AGREED WITH THESE TERMS AND CONDITIONS. YOU FURTHER
AGREE TO THE REPRESENTATIONS MADE BY YOURSELF BELOW. IF YOU DO NOT AGREE TO OR
FALL WITHIN THE TERMS OF USE OF THE SERVICE (AS DEFINED BELOW) AND WISH TO
DISCONTINUE USING THE SERVICE, PLEASE DO NOT CONTINUE USING THIS APPLICATION OR
SERVICE.
1.2. The terms of use stated herein (collectively, the “Terms of Use” or this
“Agreement”) constitute a legal agreement between you and MUSAFIR and its
subsidiaries and affiliates (“MUSAFIR”). In order to use the Service (as
defined below), you must agree to the Terms of Use that are set out below. By
using the mobile applications and websites supplied to you by MUSAFIR (the
“Application” or “App”), and downloading, installing, or using any associated
software supplied by MUSAFIR (the “Software”), you hereby expressly acknowledge
and agree to be bound by the Terms of Use, and any future amendments and additions
to this Terms of Use as published from time to time through the Application. By
installing the MUSAFIR on your mobile device or computer, you thereby
unconditionally agree with all the rules, conditions, and information posted in
the MUSAFIR application itself and on website, including but not limited to:
this Terms of use, privacy policy, as well as the guidelines of use of the
mobile application "MUSAFIR".
1.3. MUSAFIR reserves the right to modify, vary and change the Terms of Use or
its policies relating to the Service at any time as it deems fit. Such
modifications, variations and or changes to the Terms of Use or its policies
relating to the Service shall be effective upon the posting of an updated
version at the Application. You agree that it shall be your responsibility to
review the Terms of Use regularly and also the Terms of Use applicable to any
country where you use the Service whereupon the continued use of the Service
after any such changes, whether or not reviewed by you, shall constitute your
consent and acceptance to such changes. You further agree that usage of the
Service in the Alternate Country shall be subject to the Terms of Use
prevailing for the Alternate Country which can be found at Application.
1.4. MUSAFIR does not offer services to subjects in Member States of the
European Union, European Economic Area.
1.5. Each transportation service provided by a driver to a rider shall
constitute a separate agreement between such persons. MUSAFIR is a technology
company that does not provide transportation services directly. MUSAFIR is not
a transportation provider. It is up to the third party transportation providers
to offer transportation services to you and it is up to you to accept such
transportation services. The service of the company is to link you with such
transportation providers, but does not nor is it intended to provide
transportation services or any act that can be construed in any way as an act
of a transportation provider.
The company is not responsible nor liable for the acts and/or omissions of any
transportation provider and/or any transportation services provided to you.
2. Eligibility
2.1. By using the Service, you expressly represent and warrant that you are
legally entitled to accept and agree to the Terms of Use and that you are at
least eighteen (18) years old. Without limiting the generality of the
foregoing, the Service is not available to persons under the age of eighteen
(18) or such persons that are forbidden for any reason whatsoever to enter into
a contractual relationship. By using the Service, you further represent and
warrant that you have the right, authority and capacity to use the Service and
to abide by the Terms of Use. You further confirm that all the information
which you provide shall be true and accurate. Your use of the Service is for
your own sole, personal use. You undertake not to authorize others to use your
identity or user status, and you may not assign or otherwise transfer your user
account to any other person or entity. When using the Service you agree to
comply with all applicable laws whether in your home nation or otherwise in the
country, state and city in which you are present while using the Service.
2.2. You may only access the Service using authorized means. It is your
responsibility to check and ensure that you have downloaded the correct
Software for your device. MUSAFIR is not liable if you do not have a compatible
device or if you have downloaded the wrong version of the Software to your
device. MUSAFIR reserves the right not to permit you to use the Service should
you use the Application and/or the Software with an incompatible or
unauthorized device or for purposes other than which the Software and/or the
Application is intended to be used.
3. Prices and Payments
3.1. MUSAFIR payment system is a system under which a rider makes a suggestion
for a ride's price and the ride request confirms only if a driver accepts this
quoted price.
The "median ride price" which we may display to you is the median of
the rates transportation network companies are offering to the general public
for the exact or approximate distance you selected. These rates are based on
the time you requested a ride and the area you selected. We make no guarantee
or warranty, with respect to the accuracy or completeness of the data used or
provided.
3.2. You agree that this Agreement shall be subject to all prevailing statutory
taxes, duties, fees, charges and/or costs, however denominated, as may be in
force and in connection with any future taxes that may be introduced at any
point of time. You further agree to use your best efforts to do everything
necessary and required by the relevant laws to enable, assist and/or defend the
Company to claim or verify any input tax credit, set off, rebate or refund in
respect of any taxes paid or payable in connection with the Services supplied
under this Agreement.
3.3. MUSAFIR may charge a fee to the driver for the use of the Services. The
terms of payment are specified in Terms of Payment located at
https://MUSAFIR.com/mobile/page/paymentHelp/en. MUSAFIR may at any time propose
changes to the fee.
3.4. To refund is the amount of the fee from cancelled orders, which the driver
will receive back, each fee will be refunded separately in 30 days after the
order was cancelled
The fee will be deducted when the car is delivered to point "A", as
well as when you call the passenger before pressing the "I'm here"
button. The fee will be refunded if the passenger cancels the trip or if the
passenger never appeared. In this case you should press the "Passenger did
not come out" button. Refunds for such rides will be made in 30 days after
the manager confirms the information.
ATTENTION: In case the passenger cancels the ride or does not come out, be sure
to complete the order by clicking the "Passenger did not come out"
button. If you cancel your order by clicking the "Complaint" button,
no refund will be made.
In case of cancellation of the order by the driver happens after a call to the
passenger, the fee is not refunded.
3.5. For customer support with account-related and payment-related questions
please contact info@musafir.com.pk
4. License Grant and
Restrictions
4.1. License. Subject to your compliance with the Terms of Use herein, MUSAFIR
grants you a restricted, non-exclusive, non-transferrable, non-assignable,
revocable license to: (a) access and use the Application on your personal
device only with the purpose to use the Services; and (b) access and view any
content or materials that may be made available through the Services, in each case
only for your personal, noncommercial use. All rights not expressly granted to
you herein are reserved by MUSAFIR and MUSAFIR's licensors.
Limitations and restrictions.You are not allowed to: (a) remove any copyright,
trademark or other proprietary notices from any part of the Services; (b)
modify, create derivative works based upon, reproduce, distribute, license,
lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise
use the Services unless given a written consent to do so by MUSAFIR; (c)
reverse engineer, decompile, disassemble or otherwise attempt to discover or
change the source code of the Services except as may be permitted by applicable
law; (d) frame, link to or mirror any part of the Services; (e) cause or run
any programs or scripts for the purpose of scraping, indexing, surveying or
conducting any other form of data collecting on any part of the Services or
intentionally overloading or hindering the operation and/or functionality of
any aspect of the Services; or (f) try to gain unauthorized access to or
attempt to damage any part of the Services or its related systems or networks.
4.2. You shall not (i) license, sublicense, sell, resell, transfer, assign,
distribute or otherwise commercially exploit or make available to any third
party the Application and/or the Software in any way; (ii) modify or make
derivative works based on the Application and/or the Software; (iii) create
internet “links” to the Application or “frame” or “mirror” any Software on any
other server or wireless or internet-based device; (iv) reverse engineer or
access the Software in order to (a) build a competitive product or service, (b)
build a product using similar ideas, features, functions or graphics of the
Application and/or the Software, or (c) copy any ideas, features, functions or
graphics of the Application and/or the Software, (v) launch an automated
program or script, including, but not limited to, web spiders, web crawlers,
web robots, web ants, web indexers, bots, viruses or worms, or any program
which may make multiple server requests per second, or unduly burdens or
hinders the operation and/or performance of the Application and/or the
Software, (vi) use any robot, spider, site search/retrieval application, or
other manual or automatic device or process to retrieve, index, “data mine”, or
in any way reproduce or circumvent the navigational structure or presentation
of the Services or its contents; (vii) post, distribute or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without
obtaining the prior consent of the owner of such proprietary rights, (viii)
remove any copyright, trademark or other proprietary rights notices contained
in the Service.
4.3. You may use the Software and/or the Application only for your personal
purpose and shall not use the Software and/or the Application to: (i) send spam
or otherwise duplicative or unsolicited messages; (ii) send or store
infringing, obscene, threatening, libelous, or otherwise unlawful or tortious
material, including but not limited to materials harmful to children or
violative of third party privacy rights; (iii) send material containing
software viruses, worms, trojan horses or other harmful computer code, files,
scripts, agents or programs; (iv) interfere with or disrupt the integrity or
performance of the Software and/or the Application or the data contained
therein; (v) attempt to gain unauthorized access to the Software and/or the
Application or its related systems or networks; or (vi) impersonate any person
or entity or otherwise misrepresent your affiliation with a person or entity.
You should abstain from any conduct that could possibly damage the Company's
reputation or amount to being disreputable.
5. Intellectual Property
Ownership
THE SERVICE CONTAINS CONTENT (SUCH AS DESIGN, IMAGES, SOUNDS, TEXTS, DATABASES,
COMPUTER CODES, REGISTERED AND UNREGISTERED TRADEMARKS AND OTHER SIMILAR
OBJECTS) OWNED OR LICENSED BY MUSAFIR, WHICH IS PROTECTED BY COPYRIGHT,
TRADEMARK, PATENT, TRADE SECRET AND OTHER LAWS. MUSAFIR AND ITS LICENSORS,
WHERE APPLICABLE, SHALL OWN ALL RIGHTS, TITLE AND INTEREST, INCLUDING ALL
RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO THE SOFTWARE AND/OR THE
APPLICATION AND BY EXTENSION, THE SERVICE AND ANY SUGGESTIONS, IDEAS, ENHANCEMENT
REQUESTS, FEEDBACK, RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY YOU OR ANY
OTHER PARTY RELATING TO THE SERVICE. THE TERMS OF USE DO NOT CONSTITUTE A SALE
AGREEMENT AND DO NOT CONVEY TO YOU ANY RIGHTS OF OWNERSHIP IN OR RELATED TO THE
SERVICE, SOFTWARE AND/OR THE APPLICATION, OR ANY INTELLECTUAL PROPERTY RIGHTS
OWNED BY MUSAFIR AND/OR ITS LICENSORS. MUSAFIR NAME, MUSAFIR LOGO, THE SERVICE,
THE SOFTWARE AND/OR THE APPLICATION AND THE TRANSPORTATION PROVIDERS' LOGOS AND
THE PRODUCT NAMES ASSOCIATED WITH THE SOFTWARE AND/OR THE APPLICATION ARE
TRADEMARKS OF MUSAFIR OR THIRD PARTIES, AND NO RIGHT OR LICENSE IS GRANTED TO
USE THEM. FOR THE AVOIDANCE OF DOUBT, THE TERM SOFTWARE AND APPLICATION HEREIN
SHALL INCLUDE ITS RESPECTIVE COMPONENTS, PROCESSES AND DESIGN IN ITS ENTIRETY.
6. Restricted Activities
With respect to your use of MUSAFIR and your participation in the Services, you
agree that you will not:
a. fraudulently impersonate any person or entity ;
b. stalk, threaten, or otherwise harass any person, or carry any weapons;
c. violate any law, statute, ordinance or regulation;
d. interfere with or disrupt the Services or the servers or networks connected
to MUSAFIR;
e. post Information or interact on MUSAFIR App or 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;
f. use MUSAFIR 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;
g. 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;
h. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content transmitted through MUSAFIR;
i. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise
disassemble any portion of Software or any software used on or for MUSAFIR;
j. rent, lease, lend, sell, redistribute, license or sublicense MUSAFIR App and
the Site or access to any portion of MUSAFIR;
k. 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
MUSAFIR or its contents;
l. create liability for us or cause us to become subject to regulation as a
transportation carrier or provider of taxi service;
m. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification to any
other party; or
o. cause any third party to engage in the restricted activities above.
7. Confidentiality
7.1. You shall maintain in confidence all information and data relating to
MUSAFIR, its services, products, business affairs, marketing and promotion
plans or other operations and its associated companies which are disclosed to
you by or on behalf of MUSAFIR (whether orally or in writing and whether
before, on or after the date of this Agreement) or which are otherwise directly
or indirectly acquired by you from MUSAFIR, or any of its affiliated companies,
or created in the course of this Agreement. You shall further ensure that you,
your officers, employees and agents only use such confidential information in
order to perform the Services, and shall not without the MUSAFIR's prior
written consent, disclose such information to any third-party nor use it for
any other purpose. You shall only disclose such information to such officers,
employees and agents as need to know it to fulfil its obligations under this
Agreement.
7.2. You agree to take all reasonable measures to protect the secrecy of and
avoid disclosure or use of Confidential Information of MUSAFIR in order to
prevent it from falling into the public domain. Notwithstanding the above, you
shall not have liability to MUSAFIR with regard to any Confidential Information
which you can prove: was in the public domain at the time it was disclosed by
MUSAFIR or has entered the public domain through no fault of yours; was known
to you, without restriction, at the time of disclosure, as demonstrated by
files in existence at the time of disclosure; is disclosed with the prior
written approval of MUSAFIR; becomes known to you, without restriction, from a
source other than MUSAFIR without breach of this Agreement by you and otherwise
not in violation of MUSAFIR's rights; or is disclosed pursuant to the order or
requirement of a court, administrative agency, or other governmental body;
provided, however, that you shall provide prompt notice of such court order or
requirement to MUSAFIR to enable MUSAFIR to seek a protective order or
otherwise prevent or restrict such disclosure.
8. Personal Data Protection
8.1. You agree and consent to MUSAFIR using and processing your Personal Data
for the Purposes and in the manner as identified hereunder.
8.2. For the purposes of this Agreement, “Personal Data” means information
about you, from which you are identifiable, including but not limited to your
name, identification card number, address, telephone number, credit or debit
card details, gender, date of birth, email address, any information about you
which you have provided to MUSAFIR in registration forms, application forms or
any other similar forms and/or any information about you that has been or may
be collected, stored, used and processed by MUSAFIR from time to time and
includes sensitive personal data.
The provision of your Personal Data is voluntary. However, if you do not
provide MUSAFIR with your Personal Data, your access to the Application may be
incomplete and MUSAFIR will not be able to process your Personal Data for the
Purposes outlined below and may cause MUSAFIR to be unable to allow you to use
the Service.
8.3. You agree that MUSAFIR may send you push notifications and e-mails,
contact you by telephone or text messages (including by an automatic telephone
dialing system) at any of the phone numbers provided by you or on your behalf
in connection with an MUSAFIR account, including for marketing purposes. You
understand that you are not required to provide this consent as a condition of
purchasing any property, goods or services.
8.4. Collection and use of Personal Data in connection with the Services is
described in MUSAFIR Privacy Policy located at
https://MUSAFIR.com/privacyPolicy.html.
9. Indemnification
9.1. By agreeing to the Terms of Use upon using the Service, you agree that you
shall defend, indemnify and hold MUSAFIR, its officers, directors, members,
employees, attorneys and agents harmless from and against any and all claims,
costs, damages, losses, liabilities and expenses (including attorneys' fees and
costs) arising out of or in connection with: (a) your use of the Service,
Software and/or the Application, your dealing with the third party
Transportation Providers, third party providers, partners, advertisers and/or
sponsors, or (b) your violation or breach of any of the Terms of Use or any
applicable law or regulation, whether or not referenced herein or (c) your
violation of any rights of any third party, including third party
Transportation Providers arranged
via the Service, or (d) your use or misuse of the Service, Software and/or the
Application.
10. Disclaimer of
Warranties
10.1. MUSAFIR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR
COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. MUSAFIR DOES NOT
REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE
SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE
ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE
APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR
THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR
THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE SERVICE IS PROVIDED TO YOU
STRICTLY ON AN “AS IS” BASIS. All conditions, representations and warranties,
whether express, implied, statutory or otherwise, including, without
limitation, any implied warranty of merchantability, fitness for a particular
purpose, or non-infringement of third party rights, are hereby excluded and
disclaimed to the highest and maximum extent. The company makes no
representation, warranty, or guarantee as to the reliability, safety,
timeliness, quality, suitability or availability of any services, including but
not limited to the third party transportation services obtained by or from
third parties through the use of the service, application and/or the software.
You acknowledge and agree that the entire risk arising out of your use of the
service, and any third party services, including but not limited to the third
party transportation services remains solely and absolutely with you and you
shall have no recourse whatsoever to the company.
10.2. The service, application and/or the software may be subject to
limitations, delays, and other problems inherent in the use of the internet and
electronic communications including the device used by you or the third party
transportation provider being faulty, not connected, out of range, switched off
or not functioning. The company is not responsible for any delays, delivery
failures, damages or losses resulting from such problems.
11. Limitation of
Liability
11.1. Any claims against MUSAFIR by you shall in any event be limited to the
aggregate amount of all amounts actually paid by and/or due from you in
utilising the service during the event giving rise to such claims. IN NO EVENT
SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY
DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING
PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS,
USE OR OTHER ECONOMIC ADVANTAGE). MUSAFIR AND/OR ITS LICENSORS SHALL NOT BE
LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU
OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT
LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH
THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE
USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY
RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND
ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON
THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE,
EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. The company does not and will not assess nor
monitor the suitability, legality, ability, movement or location of any third
party providers including third party transportation providers, advertisers and/or
sponsors and you expressly waive and release the company from any and all
liability, claims or damages arising from or in any way related to the third
party providers including third party transportation providers, advertisers
and/or sponsors. MUSAFIR will not be a party to disputes, negotiations of
disputes between you and such third party providers including third party
transportation providers, advertisers and/or sponsors. We cannot and will not
play any role in managing payments between you and the third party providers,
including third party transportation providers, advertisers and/or sponsors.
Responsibility for the decisions you make regarding services and products
offered via the service, software and/or the application (with all its implications)
rests solely with and on you. You expressly waive and release the company from
any and all liability, claims, causes of action, or damages arising from your
use of the service, software and/or the application, or in any way related to
the third parties including third party transportation providers, advertisers
and/or sponsors introduced to you by the service, software and/or the
application.
11.2. The quality of the third party transportation services scheduled through
the use of the service is entirely the responsibility of the third party
transportation provider who ultimately provides such transportation services to
you. You understand, therefore, that by using the service, you may be exposed
to transportation that is potentially dangerous, offensive, harmful to minors,
unsafe or otherwise objectionable, and that you use the service at your own
risk.
11.3. Third Party Services and Content:
The Services may be made available or accessed in connection with third party
services and content (including advertising) that MUSAFIR 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. MUSAFIR does not endorse such
third party services and content and in no event shall MUSAFIR be responsible
or liable for any products or services of such third party providers.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry
Limited and/or their applicable international subsidiaries and affiliates will
be third-party beneficiaries to this contract if you access the Services using
Applications developed for Apple iOS, Android, Microsoft Windows, or
Blackberry-powered mobile devices, respectively. These third party
beneficiaries are not parties to this contract and are not responsible for the
provision or support of the Services in any manner. Your access to the Services
using these devices is subject to terms set forth in the applicable third party
beneficiary's terms of service.
11.4. Network Access and Devices:
You are responsible for obtaining the data network access necessary to use the
Services. Your mobile network's data and messaging rates and fees may apply if
you access or use the Services from a wireless-enabled device and you shall be
responsible for such rates and fees. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the
Services and Applications and any updates thereto. MUSAFIR does not guarantee
that the Services, or any portion thereof, will function on any particular
hardware or devices. In addition, the Services may be subject to malfunctions
and delays inherent in the use of the Internet and electronic communications.
12. User Provided
Content
12.1. MUSAFIR may allow from time to time users to post their own content
("User Provided Content") that may be accessed by other users of the
Service. MUSAFIR has no obligation to monitor the User Provided Content or the
use of the Service, or to retain the content of any user posted in User
Provided Content sections of the Service. You may not provide defamatory,
libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise
offensive, as determined by MUSAFIR in its sole discretion, whether or not such
material may be protected by law, User Provided Content.
12.2. MUSAFIR does not claim ownership of any User Provided Content. By
submitting, posting or displaying the User Provided Content, you hereby grant
MUSAFIR a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publish, publicly perform,
publicly display and distribute any User Provided Content which you submit,
post or display on or through, the website. This license is for the sole
purpose of enabling MUSAFIR to display, publicly perform, distribute and
promote the User Provided Content and the website.
12.3. MUSAFIR reserves the right, in its sole and absolute discretion, to
modify or delete any information, stored or posted to the website.
12.4. MUSAFIR does not assume any responsibility for the contents of the User
Provided Content. Users are prohibited from disclosing any personal data other
than their own. Users can not disclose any sensitive data. Disclosure of
sensitive data can make the User liable for civil remedies and may in some
cases be subject to criminal penalties under applicable law.
14. Notice
MUSAFIR may give notice by means of a general notice on the Application,
electronic mail to your email address in the records of MUSAFIR, or by written
communication sent by Registered mail or pre-paid post to your address in the
record of MUSAFIR. Such notice shall be deemed to have been given upon the
expiration of 48 hours after mailing or posting (if sent by Registered mail or
pre-paid post) or 1 hour after sending (if sent by email). You may give notice
to MUSAFIR (such notice shall be deemed given when received by MUSAFIR) by
letter sent by courier or registered mail to MUSAFIR using the contact details
as provided in the Application.
15. Assignment
The agreement as constituted by the Terms of Use as modified from time to time
may not be assigned by you without the prior written approval of MUSAFIR but
may be assigned without your consent by MUSAFIR. Any purported assignment by
you in violation of this section shall be void.
16. General
Provisions
16.1. No waiver of any term of the Agreement shall be deemed a further or
continuing waiver of such term or any other term, and any failure to assert any
right or provision under the Agreement shall not constitute a waiver of such
term. If for any reason a court of competent jurisdiction finds any provision
or portion of this Agreement to be unenforceable, then such provision or
portion shall be construed, as nearly as possible, to reflect the original
provision, and the remainder of the Agreement will continue in full force and
effect. The Agreement, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by us without
restriction. The section titles in the Agreement are used solely for the
convenience and have no legal or contractual significance. No provision of the
Agreement shall be construed against the owners of this site but rather shall
be construed in a neutral and fair manner as terms entered into by a fully-informed
party on a voluntary basis. The terms of the Agreement, which by their nature
should survive the termination of the Agreement, shall survive such
termination. The heading references herein are for convenience purposes only,
do not constitute a part of these Terms, and shall not be deemed to limit or
affect any of the provisions hereof. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and us as a
result of these Terms or use of the Site, the App or the Services. You further
acknowledge that by submitting User Submissions or other Content, no
confidential, fiduciary, contractually implied or other relationship is created
between you and Us other than pursuant to these Terms.
16.2. We may give notice to you by email, a posting on the Site, or other
reasonable means. You must give notice to us in writing via email or as
otherwise expressly provided.
17. Class Action
Waiver
17.1. By voluntarily accepting this Agreement, you agree that in its entirety
as provided by the applicable law, a lawsuit or arbitration proceedings related
to this Agreement are carried out exclusively on a case- by-case basis, and no
disputes arising from collective claims or representative actions on behalf of
third parties shall be considered.
Disputes cannot be consolidated without the written consent of all parties. No
decision or determination of a court or an arbitrator will have a prejudicial
force over the issues or claims regarding any disputes with persons who are not
the declared parties to such arbitration proceedings.
This means the following:
1. You agree that you cannot make a claim as a plaintiff or a participant in a
class action, a consolidated action or a representative action.
2. The parties agree that an arbitrator or a court shall not consolidate the
claims of more than one person into a single lawsuit, and shall not conduct
arbitration or action proceedings of a consolidated, collective or
representative nature (unless all parties agree to change this provision).
3. The parties agree that the decision or determination of an arbitrator or a
court in the event of a single person claim can only affect the person who
filed this lawsuit, but not other persons, and cannot be used to resolve other
disputes with other plaintiffs.
If you have any questions about the quality of the Service please contact us by
email: info@musafir.com.pk
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