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1.THESE TERMS

1.1 What these terms cover. These are the terms and conditions governing your access and use of our personal transportation services "Services".

1.2 Why you should read them. Please read these terms carefully before you access or use our Services. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. Upon creating an account with us, you are agreeing on the following terms and are solely responsible for familiarizing yourself with them.


2.INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Tramco General Trading Co., RidePak, hereinafter "We, Us, the Application" a company registered in the State of Pakistan. Our company registration number is [433911] and our registered office is at [Pakistan]. We are a dedicated platform that allows people to connect drivers from different classes of vehicles to on-demand customers nearby.

2.2 How to contact us. You can contact us by telephoning our customer service team at [+96566100068] or by writing to us at [info@ridepak.com].

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us under your account.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.


3.OUR CONTRACT WITH YOU

3.1 Opening a user account. To use the Services offered on the Application, you must create a personal account with an email and password of your choosing. You are responsible for keeping your account password confidential and agree to provide true, accurate, current and complete information about yourself as required. If any information you provide is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or where the Application has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Application has the right to suspend or terminate your account and refuse any and all current or future use of the Application. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify the Application immediately of any unauthorized use of your account. The Application reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion at any time. Minors under the age of 18 are prohibited to register as a user of our Application and are not allowed to transact or use our Services

3.2 How we will accept your order request. Once you place an order request with us, we will first confirm availability of the Driver, then if you choose to pay through "RidePak wallet" you will be directed to the payment page where you will be able to pay by the payment method of your choice. We will then send you a notification that the driver has been assigned and is on their way. Our acceptance of your order will take place when you pay for your order, at which point a contract will come into existence between us.

3.2.1 If you prefer to pay by cash, we will assign the driver and accept the ride, although the ride will only begin after payment is received.


4. VEHICLES

4.1 Vehicle ownership. You acknowledge that the vehicles we facilitate are wholly owned by the 3rd party corporate vendors who are solely responsible and liable for providing insurance, eligibility of driver and hygiene of the vehicle.

4.2 Damages to the vehicles/Repair or Cleaning.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, the vehicles resulting from use of the Services under your Account in excess of normal "wear and tear" damages. In the event that the vehicle owner reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Us in Our reasonable discretion, RidePak reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the driver using your payment method designated in your Account. Such amounts will be transferred by RidePak to the applicable vehicle owner and are non-refundable.

4.3 Animal policy. Small pets are solely allowed by the discretion of the driver performing the service.

4.4 Rules of conduct. You agree not to violate any laws. You will not carry/use any weapons, narcotics, or alcohol. You must treat everyone with respect, and help keep one another safe.

4.5 Traffic fines. The driver is responsible for any traffic fines incurred.


5.YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the location you have entered please do so as soon as possible in the App. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the ride, the timing of arrival or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. You may not change your driver, however if you have a problem of any kind with the designated driver, you may cancel the ride and/or report them.


6.OUR RIGHTS TO MAKE CHANGES

We may amend this User Agreement at any time by posting the amended terms on our Application. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. We reserve the right to transfer the rights and obligations set out under these terms and conditions to another organization.


7. GENERAL TERMS

7.1 We are not responsible for delays outside our control.

If the arrival time of the driver is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. However, under no circumstance will we be liable for such delay.


8. Cancellation Policy.

If you wish to cancel your ride request, you may cancel before five minutes from placing the request without any charges, and any cancellations made after that will result in a charge of the minimum charge fee

8.1 Refund Policy.

If you think you have a valid reason and wish to request a full or partial refund, you may do so within 14 days from the date of the ride completion, provided that the reason falls within your right. Refund will be accepted under exceptional circumstances as encountering major delays caused by the car breaking down during the ride, or miscalculated fare price.

We, RidePak, reserve the right to refuse refund if the payment is deemed to be calculated correctly.

If the refund is applicable to you and falls within your rights to do so, you shall receive the refund amount within 28 days. Refund price includes only the miscalculated cost of the trip. Furthermore, in any case, nothing shall prevent RidePak from acquiring their fees of any transaction herein.

8.2 How we will refund you. If you are entitled to a refund under these terms, we will refund you the additional or mistaken price you made by either the method you used for payment, or in the form of App credit. However, Our fees are non-refundable, and we may make deductions from the price, as described below.

8.3 When we may make deduction from refunds.

We may reduce or refuse your refund of the price to reflect any reduction in the value, if this has been caused by your handling of the vehicle in a way which would not be permitted, such as damage to the vehicles where they are not in the same condition as when you first entered. If we refund you the price paid before we are able to inspect the vehicle and later discover you have handled it in an unacceptable way, you must pay us an appropriate amount.


9.OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract with you for the Services you intend to use at any time if:

(a) you do not make any payment to us when it is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to facilitate the rides;

(c) you do not, within 10 minutes, be available at the pick up location after the driver's arrival;

(d) exceed the maximum capacity of passengers in the car;

(e) by entering the vehicle, you are visibly going to cause a Cleaning Fee request (passenger is not clean or dry and may cause damage in any way to the vehicle).

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in these terms we will refund any money you have paid in advance for rides we have not completed but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract in addition to our transactional fees. We reserve the right to charge you with a cancelation fee as well as a waiting time fee.


10.IF THERE IS A PROBLEM WITH THE RIDE

Complaints. If you have any questions or complaints about the ride, please contact us. You can telephone our customer service team at +96566100068 or write to us at info@ridepak.com. RidePak shall terminate the Services with whoever misuses the Application and/or our Services and remove their content, and where necessary, at our own discretion, take legal actions in order to maintain the rights of other users.


11.PRICE AND PAYMENT

11.1 When you must pay and how you must pay.

We accept payment with cash, KNET, or Credit Cards through RidePak Wallet. You must pay for the ride immediately before your ride, and when a payment link is provided to you under your account, after which We will send you a receipt via the email you provided Us. If we were not able to charge your selected payment method from your Account because it is deemed to be expired, invalid or otherwise not able to be charged, you agree that We may use a secondary payment method saved in your Account, if available. The pricings of the rides are determined by the time, distance and demand.

11.2 Our fees.

We shall charge a transactional fee for each request made through our Application for using our Services. These fees are non-refundable once a request for a ride is placed and we have the right to change the percentage or amount from time to time. You will be able to view them before placing your request.

Access to and downloading of the Application is free, except for the cost of connection through the telecommunications network provided by the user's access provider.


12.HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our privacy policy.

12.1 Location Services. As a user, you agree to enable your location services while the Application is running. We use this data in order for us to be able to improve and facilitate our Services to you and to ensure the driver arrives swiftly to your location, and failure to enable this feature will not allow you to request a ride.


13.OTHER IMPORTANT TERMS

13.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. In any case, the access, navigation, and use of the Application and its Services are under the sole and exclusive responsibility of the User.

13.2 If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.3 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

13.4 Intellectual Property.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RidePak and is protected by the State of Pakistan and International Trademark and Copyright Laws. The use of the Application by the user in no way implies the transfer of any intellectual and/or industrial property rights over the Application, its contents and/or the distinctive signs of RidePak. For this purpose, by these Terms and Conditions, except in those cases where it is legally permitted, the user is expressly prohibited from reproducing, altering, modifying, transmitting, publishing, distributing, publicly communicating, making available, extracting and/or reusing the Application, its contents and/or the distinctive signs of RidePak for any purpose. It is expressly forbidden to reproduce elements of the Application or its contents for profit or commercial purposes.

13.5 Limitation of Liability.

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. You agree not to hold the Application responsible for any content posted by its users. Accordingly, to the extent permitted by the law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any unlawful posts and will work hard to take down any such content as soon as we reasonably can.

In addition, to the extent permitted by the law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, personal injury, property damage or other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, format, or other guidance provided Us;
  • delays, failure of performance or disruptions in our Services resulting from reasons beyond our reasonable control;
  • accidents, or any injuries or damages caused as a result of an accident;
  • viruses or other malicious software obtained by accessing or linking to our Application;
  • glitches, bugs, errors, or inaccuracies of any kind in our Application;
  • damage to your hardware device from the use of the Application;
  • the content, actions, or inactions of third parties, including items listed using our Application; or
  • a suspension or other action taken with respect to your account or breach of the contract between us.

no event shall RidePak's total liability to you in connection with the services for all damages, losses and causes of action exceed (KD 100).[1]

13.6 Indemnity.

You agree to indemnify and hold RidePak and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) RidePak's use of your user content; or (iv) your violation of the rights of any third party, including Third Party Providers such as the drivers and vehicle owners.

13.7 License Restrictions.

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or
  • become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things.

13.8 Acceptable Use Restrictions.

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decode or convert any transmissions to or from the servers running any Service.

13.9 Governing Law/Jurisdiction.

These terms and conditions are governed by Pakistani law and you can bring legal proceedings in the courts of the State of Pakistan.

1.THESE TERMS

1.1 What these terms cover. These are the terms and conditions governing your access and use of our personal transportation services "Services".

1.2 Why you should read them. Please read these terms carefully before you access or use our Services. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. Upon creating an account with us, you are agreeing on the following terms and are solely responsible for familiarizing yourself with them.


2.INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Tramco General Trading Co., RidePak, hereinafter “We, Us, the Application” a company registered in the State of Pakistan. Our company registration number is [433911] and our registered office is at [Pakistan]. We are a dedicated platform that allows people to connect drivers from different classes of vehicles to on-demand customers nearby.

2.2 How to contact us. You can contact us by telephoning our customer service team at [+96566100068] or by writing to us at [info@ridepak.com].

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us under your account.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.


3.OUR CONTRACT WITH YOU

3.1 Opening a driver's account. To use the Services offered on the Application, you must create a driver's account with an email and password of your choosing. You are responsible for keeping your account password confidential and agree to provide true, accurate, current and complete information about yourself as is required. If any information you provide is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or where the Application has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Application has the right to suspend or terminate your account and refuse any and all current or future use of the Application. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify the Application immediately of any unauthorized use of your account. The Application reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion at any time.

3.2 How to accept a ride request. Once a User places a ride request with Us, we will send a notification to drivers in the area of ride request through the App that a request has been made. The first driver to accept the ride request will be assigned to the User. Once the ride request has been accepted by you, we will send the User a notification that a driver has been assigned and is on their way. If method of payment is through RidePak wallet (Knet or credit card) Your acceptance of the ride will take place when the User pays for your order, at which point a contract will come into existence.

3.2.1 For cash payments, your acceptance to the User's ride request will constitute a binding contract. Ride must not commence until payment is fully received.


3.3 Driver’s Responsibilities

3.3.1 Updating Vehicle Information, license, and any other documents. You are responsible for ensuring all information you provide us is accurate and up to date and have all legally required documentation valid, and certified by the relevant public authorities. You must report any license status changes to us.

3.3.2 Lost/Items left behind. If a rider leaves any item behind, you must, to the best endeavors, take all reasonable steps to ensure the item is returned to its owner. You must contact both the rider and Us to arrange for the item to be returned.

3.3.3 Insurance. It is the Driver’s responsibility to ensure all required insurances are covered, available, and valid, and will solely be responsible for failure to do so. You are to provide a copy of the documents when requested.

3.3.4 Traffic fines. Any traffic fines incurred for any reason whatsoever during your usage of our Services will be incurred on the Driver. RidePak shall not be held liable in any way of form for such fines.

3.3.5 Training. All drivers are required to undergo a training program before your account can be activated and ready to take ride requests. [1]

3.3.6 Car specifications and maximum capacity. Drivers must not accept more passengers than the car’s maximum seat capacity and do not exceed the number of seatbelts, as you will be responsible for any consequences arising thereof for violating the laws.

3.3.7 Smartphone Requirement. In order to be able to Use our App and Services, all drivers are required to have a Smartphone either (Android or Apple) and must ensure its proper functionality, and ensure updates are done regularly.

3.3.8 Rules of conduct. You agree not to violate any laws. You will not carry or use or be in the possession of any weapons, narcotics, or alcohol. You will not drive under the influence, or while using any medication that would impair your alertness, reflexes, or judgement. You must treat everyone with respect and help keep one another safe. You are responsible for the hygiene and cleanliness of the vehicle. You understand and agree that if we receive complaints for your failure to adhere to the terms herein we have the right to temporarily or permanently suspend your account, refuse to provide our Services to you, and in worse cases report you to the relevant authorities and/or take legal actions against you. You note that the right to suspend your account is not limited to complaints and We reserve the right to do so at any time, without prior notice, and at our sole discretion.


4. VEHICLES

4.1 Vehicle ownership. You acknowledge that the vehicles we facilitate are wholly owned by the 3rd party corporate vendors who are solely responsible and liable for providing insurance, eligibility of driver and hygiene of the vehicle. [2]

4.2 Damages to the vehicles/Repair or Cleaning.

You shall be responsible for the “upkeeping”, cost of repair, or necessary cleaning of, the vehicles for normal “wear and tear” damages. However, any excess to the normal “wear and tear” may be compensated from the User when you report the damage to Us as soon as you reasonably can. In the event where you report the need for Repair, and such Repair or Cleaning request is verified by Us in Our reasonable discretion, RidePak reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of you using the User’s payment method designated in their Account. Such amounts will be transferred by RidePak to the applicable vehicle owner.

4.3 Animal policy. Small pets are solely allowed by the discretion of the driver performing the service.

4.4 Traffic fines. The driver is responsible for all traffic fines incurred.


5.YOUR RIGHTS TO MAKE CHANGES

Under any circumstance, once ride is accepted a driver is not allowed to cancel. If a driver cancels a ride after accepting it, the driver will be liable to a cancellation fee.


6.OUR RIGHTS TO MAKE CHANGES

We may amend this User Agreement at any time by posting the amended terms on our Application. Our right to amend this Agreement includes the right to modify, add to, or remove terms in the Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the Agreement through an electronic click-through. We reserve the right to transfer the rights and obligations set out under these terms and conditions to another organization.


7. GENERAL TERMS

7.1 We are not responsible for delays outside our control.

If your arrival time is delayed and/or affected by an event outside your control then you must take all reasonable steps to contact Us and the User as soon as possible to inform us of the situation and reason for delay. If we do not receive an explanation within a reasonable amount of time (under 25 minutes) and the rider cancels the ride, you will bear any costs that arise (if any). Under no circumstance will we be liable for such delay.

7.2 Background Checks. All drivers shall confirm that they are already background checked by the relevant 3rd party employees or sponsors.

7.3 Ratings. There will be a rating system in place in order to assess each driver’s performance according to their duties, responsibilities and obligations which are set out under this agreement.


8. Cancellation Policy.

A rider may cancel before five minutes from placing the request without any charges, however any cancellations to your ride made by the rider after that will result in a charge of the minimum charge fee

8.1 Refund Policy.

If the rider thinks they have a valid reason and wishs to request a full or partial refund, they may do so within 14 days from the date of the ride completion, provided that the reason falls within their right. Refund will be accepted under exceptional circumstances as encountering major delays caused by the car breaking down during the ride, or miscalculated fare price.

We, RidePak, reserve the right to refuse refund if the payment is deemed to be calculated correctly.

If the refund is applicable and falls within their rights to do so, they shall receive the refund amount within 28 days. Refund price includes only the miscalculated cost of the trip. Furthermore, in any case, nothing shall prevent RidePak from acquiring their fees of any transaction herein. The refund amount will be deducted from the driver.

8.2 When we may make deduction from refunds.

We may reduce or refuse refund of the price to reflect any reduction in the value, if this has been caused by the rider’s handling of the vehicle in a way which would not be permitted, such as damage to the vehicles where they are not in the same condition as when they first entered. If we refund the price paid before we are able to inspect the vehicle and later discover they have handled it in an unacceptable way, we will ensure the rider pays us an appropriate amount.


9.OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract if you break it. We may end the contract with you for the Services you intend to use at any time if:

(a) you do not make any payment to us when it is due (for payments collected by cash);

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary;

(c) you breach any of the terms set out in this agreement.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in these terms we will return any money owed to you but we may deduct or charge you as compensation for the net costs we will incur as a result of your breaking the contract


10.IF THERE IS A PROBLEM WITH THE RIDE

Complaints. If you have any questions or complaints about the ride, please contact us. You can telephone our customer service team at +96566100068 or write to us at info@ridepak.com. RidePak shall terminate the Services with whoever misuses the Application and/or our Services and remove their content, and where necessary, at our own discretion, take legal actions in order to maintain the rights of other users.


11.PRICE AND PAYMENT

11.1 When you must pay and how you must pay.

We accept payment with cash, KNET, or Credit Cards through RidePak Wallet. You must pay for the ride immediately before your ride, and when a payment link is provided to you under your account, after which We will send you a receipt via the email you provided Us. If we were not able to charge your selected payment method from your Account because it is deemed to be expired, invalid or otherwise not able to be charged, you agree that We may use a secondary payment method saved in your Account, if available. The pricings of the rides are determined by the time, distance and demand.

11.2 Our fees.

We shall charge a transactional fee for each request made through our Application for using our Services. These fees are non-refundable once a request for a ride is placed and we have the right to change the percentage or amount from time to time. You will be able to view them before placing your request.

Access to and downloading of the Application is free, except for the cost of connection through the telecommunications network provided by the user's access provider.

11.3 Money Transfers Policy.

For cash payments. Drivers who collect payments from riders in cash are obligated to make a weekly cash drop-off as defined in your contract with RidePak Tramco General Trading Company.

For all other payments made through the App. If we collect payment for you through the App, we act as your limited payment collecting agent. You will receive monthly transfers for all amounts due to you.


12.HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will only use your personal information as set out in our privacy policy.

12.1 Location Services. As a user, you agree to enable your location services while the Application is running. We use this data in order for us to be able to improve and facilitate our Services to you and to ensure the driver arrives swiftly to your location, and failure to enable this feature will not allow you to request a ride.


13.OTHER IMPORTANT TERMS

13.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. In any case, the access, navigation, and use of the Application and its Services are under the sole and exclusive responsibility of the User.

13.2 If a court finds part of this contract illegal, the rest will continue in force.

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.3 Even if we delay in enforcing this contract, we can still enforce it later.

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss your money transfer date (for cash payments) and we do not chase you but we continue to provide the Services, we can still require you to deliver the collected amounts at a later date.[4]

13.4 Intellectual Property.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RidePak and is protected by the State of Pakistan and International Trademark and Copyright Laws. The use of the Application by the user in no way implies the transfer of any intellectual and/or industrial property rights over the Application, its contents and/or the distinctive signs of RidePak. For this purpose, by these Terms and Conditions, except in those cases where it is legally permitted, the user is expressly prohibited from reproducing, altering, modifying, transmitting, publishing, distributing, publicly communicating, making available, extracting and/or reusing the Application, its contents and/or the distinctive signs of RidePak for any purpose. It is expressly forbidden to reproduce elements of the Application or its contents for profit or commercial purposes.

13.5 Limitation of Liability.

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. You agree not to hold the Application responsible for any content posted by its users. Accordingly, to the extent permitted by the law[5] , we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any unlawful posts and will work hard to take down any such content as soon as we reasonably can.

In addition, to the extent permitted by the law[6] , we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, personal injury, property damage or other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, format, or other guidance provided Us;
  • delays, failure of performance or disruptions in our Services resulting from reasons beyond our reasonable control;
  • accidents, or any injuries or damages caused as a result of an accident;
  • viruses or other malicious software obtained by accessing or linking to our Application;
  • glitches, bugs, errors, or inaccuracies of any kind in our Application;
  • damage to your hardware device from the use of the Application;
  • the content, actions, or inactions of third parties, including items listed using our Application; or
  • a suspension or other action taken with respect to your account or breach of the contract between us.

no event shall RidePak's total liability to you in connection with the services for all damages, losses and causes of action exceed (KD 100).[1]

13.6 Indemnity.

You agree to indemnify and hold RidePak and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) RidePak’s use of your user content; or (iv) your violation of the rights of any third party, including Third Party Providers such as the drivers and vehicle owners.

13.7 License Restrictions.

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or
  • become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things.

13.8 Acceptable Use Restrictions.

You must:

  • not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service;
  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from any Service or our systems or attempt to decode or convert any transmissions to or from the servers running any Service.

13.9 Governing Law/Jurisdiction.

These terms and conditions are governed by Pakistani law and you can bring legal proceedings in the courts of the State of Pakistan.

[1] Who will be the registered vehicle owner? If the cars are registered under the 3rd party company’s name – they are not a party to this agreement which should be duly noted here.

Yes, it is advisable to add the service charge. Is there a specific reason why you think they should not be included?

What exactly are your changes here?

This phrase is included to ensure you exclude your liability as much as the law permits or allows you to do so

As above.

In accordance with the comment above, IF a case arises where you will not be able to exclude your liability and are faced with a situation where you are a party in a law suit and are required to pay damages or compensation, this statement works to limit the amount that you will be subject to. It can be minimal, but specifying a number will work to your benefit & not the other way around.

It is only a precautionary clause drafted for the worst case scenario or for unforeseen events.

The clause already excludes your liability for all events that may occur and would serve to ultimately exempt you from paying anything.