MobiSquid - Terms & Conditions

Contractual Relationship

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MobiSquid Services may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH MOBISQUID SERVICES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against MobiSquid Services on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against MobiSquid Services, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against MobiSquid Services by someone else.

You and MobiSquid Services agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and MobiSquid Services, and not in a court of law.

You acknowledge and agree that you and MobiSquid Services are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any supported class action or representative proceeding. Unless both you and MobiSquid Services otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and MobiSquid Services each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration.

 

The Services

The Services comprise mobile applications and related services (each, an "Application"), which enable users and providers to make use and provide specific services. In certain instances the Services may also include an option to receive transportation, logistics, or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by MobiSquid Services in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. Providers are required to be available for at least eight (8) hours of service per week. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS, SALE OF PROPERTY AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH MOBISQUID SERVICES AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by MobiSquid Services; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

You acknowledge that portions of the Services may be made available under MobiSquid’s various brands or request options associated with public services, property sales and transportation or logistics, including the transportation request brands currently referred to as "MobiSquid On-Demand Services, "MobiSquid Transport", "MobiSquid Cars, and MobiSquid Delivery". You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of MobiSquid’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or public service providers with authorizations or licenses.

The Services may be made available or accessed in connection with third party services and content (including advertising) that MobiSquid Services controls. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. MobiSquid Services does not endorse such third party services and content and in no event shall MobiSquid Services be responsible or liable for any products or services of such third party providers. These third party beneficiaries are parties to this contract and are responsible for the provision or support of the Services in any manner. Your access to the Services using these services is subject to terms set forth in the applicable third party beneficiary's terms of service.

The Services and all rights therein are and shall remain MobiSquid Services property or the property of MobiSquid Services licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner MobiSquid Services company names, logos, product and service names, trademarks or services marks or those of MobiSquid Services licensors.

 

User/Service Provider Accounts.

In order to use/provide most aspects of the Services, you must register for and maintain an active Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by MobiSquid Services. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MobiSquid in writing, you may only possess one Account.

User/ Service Provider Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity 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 proof of identity.

Text Messaging and Telephone Calls.

You agree that MobiSquid Services may contact you by telephone or text messages (including by an automatic telephone dialling system) at any of the phone numbers provided by you or on your behalf in connection with an MobiSquid Services’ 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. You also understand that you may opt out of receiving text messages from MobiSquid at any time, either by texting or by contacting MobiSquid Services.

Referrals and Promotional Codes.

MobiSquid Services may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that MobiSquid Services establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MobiSquid Services; (iii) may be disabled by MobiSquid at any time for any reason without liability to MobiSquid Services; (iv) may only be used pursuant to the specific terms that MobiSquid establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. MobiSquid reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that MobiSquid determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of MobiSquid Services’ Terms.

User/Service Provided Content.

MobiSquid Services may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MobiSquid Services through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any Content provided by you remains your property. However, by providing Content to MobiSquid Services, you grant MobiSquid Services a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such MobiSquid Services Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and MobiSquid’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases necessary to grant MobiSquid Services the license to the Content as set forth above; and (ii) neither the Use/Provider Content, nor your submission, uploading, publishing or otherwise making available of such  Content, nor MobiSquid Services use of the Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MobiSquid Services in its sole discretion, whether or not such material may be protected by law. MobiSquid Services may, but shall not be obligated to, review, monitor, or remove Content, at MobiSquid Services’s sole discretion and at any time and for any reason, without notice to you.

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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MobiSquid Services 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.

Payment

You understand that use of the Services whether a user or provider may result in charges to you for the services or goods you receive ("Charges"). MobiSquid Services will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use or provision of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. Please note MobiSquid Services will charge a 10% commission on each completed job.

All Charges and payments will be enabled by MobiSquid Services using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that MobiSquid Services may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by MobiSquid.

As between you and MobiSquid Services, MobiSquid Services reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in MobiSquid’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. MobiSquid Services will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. MobiSquid Services may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to MobiSquid Services who will ensure payment of those charges to the Provider. MobiSquid Services will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or goods. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to MobiSquid Services or its affiliates, where MobiSquid Services is solely liable for any obligations to Third Party Providers. Except with respect to taxicab transportation and any other services requested through the Application, MobiSquid Services does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by MobiSquid Services (on MobiSquid Services’s website, in the Application, or in MobiSquid Services’s marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that MobiSquid Services provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." MOBISQUID SERVICES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MOBISQUID SERVICES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MOBISQUID SERVICES DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

MOBISQUID SERVICES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MOBISQUID SERVICES, EVEN IF MOBISQUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MOBISQUID SERVICES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MOBISQUID SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOBISQUID SERVICES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOBISQUID SERVICES’s REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION OR ANY OTHER SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE AVAILIBLE IMMEDIATELY THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MOBISQUID SERVICES HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER OR PROVIDER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, MOBISQUID SERVICES’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MOBISQUID SERVICES’s CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold MobiSquid Services and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Third party Services; (ii) your breach or violation of any of these Terms; (iii) MobiSquid’s use of your User/Service Provider Content; or (iv) your violation of the rights of any third party, including Third Party Providers.