TERMS OF USE

MOBICAB SERVICES (SMC-PVT) LTD
TERMS AND CONDITIONS

Last updated: April 22nd, 2019

1-DEFINITIONS

“User”: you or any person, passenger, driver, delivery riders, delivery consignee, partner who uses, downloads or accesses the Service or the Application.
“Content”: includes any text, graphics, images, music, software (not including the Application), audio, video, information or other materials.
“User Content”: anything that a user posts, uploads, publishes, submits or conveys to be made available through the Service or Application.
“Company”: MobiCab Services (SMC-Pvt) Ltd,
“Company Content” any Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“Collective Content” means, collectively, Company Content and User Content
“App” means, Application for Android or IOS for Passengers, Drivers or Delivery Riders and Partner

2. CONTRACTUAL RELATIONSHIP

The Terms of Use (Terms & Conditions) (“Terms”) by MobiCab Services (SMC-Pvt) Ltd (“Company”) govern usage, access or share by you, user, passenger, driver, delivery rider, partner, an individual, in Pakistan. Use of applications (“App”) Passenger App, Driver App or Partner App, Websites, Social Media (Facebook, Twitter, Instagram, Pinterest or other Social Media platforms) contents related to MobiCab, Products, and Services (“Services”) of MobiCab Services (SMC-Pvt) Ltd., a private limited liability company registered with Securities Exchange Commission of Pakistan (SECP) under Companies Act 2017 and registered with Federal Board of Revenue (FBR) in Pakistan, Registered Trademark and Copyright, having registered office at Gulistan-e-Jauhar Block-18, Karachi Pakistan.

PLEASE READ THE TERMS AND CONDITIONS OF MOBICAB SERVICES IN DETAIL BEFORE ACCESSING OR USING THE SERVICES (APP, WEBSITE OR SOCIAL MEDIA CONTENTS).

3-TERMS AND CONDITIONS

The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you (the “user” or “you”) and MobiCab Services (SMC-Pvt) Ltd Karachi Pakistan“, a Limited Liability Company (the “Company”, “we”, or “us”). In order to use the service (the “Service (s)”) or the related application (“App”) you must agree to all the terms and conditions that are set out in this Agreement.

By using or receiving any Services supplied to you by the Company, and downloading, installing or using any related App provided by the Company which purpose is to enable you to use the Service, you hereby deliberately acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.mobicab.mobi/terms or through the App. The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Company Website or Application. It is your responsibility to always review this Agreement. Sustained use of the Service or the App after any or such amendments and additions to the Agreement shall constitute your consent to such changes.

THE COMPANY IS A TRANSPORTATION SERVICES PROVIDER AND THE COMPANY IS NOT A TRANSPORTATION CARRIER. THE COMPANY CONNECTS YOU OR ANY USERS VIA THE APP OR THE WEB TO THE CONTRACTUAL AND THIRD PARTY TRANSPORTATION PROVIDERS, DRIVERS, CONTRACT DRIVERS OR VEHICLE OPERATORS WHO ARE WILLING AND ON THEIR OWN DISCRETION TO OFFER TRANSPORTATION SERVICES.

THE COMPANY ONLY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH CONTRACTUAL AND THIRD PARTY TRANSPORTATION SERVICES AND IS NOT RESPONSIBLE OR LIABILE FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH CONTRACTUAL AND THIRD PARTIES. THE SERVICESS AND APPLICATION IS NOT AVAILABLE TO CHILDREN (PERSONS UNDER THE AGE OF 18).

4-REPRESENTATIONS AND WARRANTIES

By using the Service or Application, You expressly agree, represent, and warrant to all of the following:

You are at least 18 years old.
You have the right, authority and capacity to enter into this Agreement.
You abide by the terms and conditions of this Agreement.
You read, write and understand English and Urdu.
You are using the Service or the App for your sole personal use.
You do not authorize others to use your user status.
You will keep secure and confidential your username and account password or any identification we provide you which allows access to the Service or the App.
You do not assign or otherwise transfer your user account to any other person or entity.
You comply with all applicable laws from the country, province and city in which you are present while using the Application or Service.
You only access the Service using authorized means.
You are responsible to check and ensure that you download the correct Application for your device.
The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset.
The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes, If you find guilty or engage in unlawful material or using fraudulent purpose you will be your own responsible and MobiCab Services has the rights to lodge the FIR or complaints against you in Police or in Court of Law or in competent Authority.
You will not use or store in your user account any Counterfeit credit cards.
You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service or Application in any way whatsoever.
You will not copy, or distribute the Application or other content without consent from the Company.
You will only use the Application and Services for your own use and will not resell it to a third party.
You will provide us with whatever proof of identity we may reasonably request.
You will only use an access point or 2G, 3G, 4G and up data account (AP) which you are authorized to use.
You are aware that when requesting transportation, ordering or logistics services by SMS, standard Messaging and data charges will apply.

5-ACCESSING AND DOWNLOADING THE APPLICATION FROM ITUNES

The following applies to any App Store Sourced Application:

You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and
(ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.

You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:

(i) product liability claims;
(ii) any claim that the App Store
Sourced Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.

You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

You shall not

(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way;
(ii) modify or make derivative works based upon the Service or the Application;
(iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
(iv) reverse engineer or access the Application in order to

(a) build a competitive product or service,
(b) build a product using similar ideas, features, functions or graphics of the Service or Application, or
(c) copy any ideas, features, functions or graphics of the Service or Application, or
(d) 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 Service or Application.

You shall not:

(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate the third party privacy rights;
(iii) send or store 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 Application or Service or the data contained therein; or
(v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.

Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement.

You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.

6-PAYMENT TERMS

Any charges that the Company may charge You for the usage of the Application or Services, are due immediately and are non-refundable. All charges made are non-refundable. This no refund policy shall apply at all times regardless of Your choice to terminate usage of Application or Services, our choice to terminate your usage, disruption caused to our Application or Services either planned, accidental or intentional, or any other reason whatsoever. The Company reserves the right to determine final charges. The charges are based on incorporated factors, included but not limited to distance, duration, time of day and location, and type of Service.

The Company, at its sole discretion, makes promotional offers with different features and different prices to any persons. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or agreement. The Company may change the charges for its Application or Services, whenever it is necessary for our business, and encourages you to check this agreement and our website periodically if You are interested to learn about how the Company charges for the usage of our Application or Services.

In the event that You cancel or withdraw a ride request on the Company Platform more than five (5) minutes after your request is accepted by a driver, You agrees to pay a nonrefundable Rs. 120/- cancellation fee.

If a driver reports to the Company that You, or another party who was with You during the ride, in any manner materially damaged the Driver’s vehicle, the company may, in its sole and absolute discretion, charge Your credit card or rights to charge Cash as a “Damage Charge” of actual amount of damage. You agree to pay in full for driver’s cost of repairing or cleaning the vehicle. This Damage Charge is paid to the driver with the Company Fee of actual amount of damage. The Company reserve the right (but is not obligated) to verify or require documentation of damage prior to processing the Damage Charge.

7-THIRD PARTY INTERACTIONS

During use of the Application and Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Services or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Application or Services and other mechanisms to subsidize the Application or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing to Email: support@mobicab.mobi. The Company reserves the right to charge you a higher fee for the Services or Application if you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at https://www.mobicab.mobi. The Company may compile and release information regarding you and your use of the Application or Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.

8-DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT

(A) THE USE OF THE SERVICES OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA,
(B) THE SERVICES OR APPLICATION 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 MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
(E) ERRORS OR DEFECTS IN THE SERVICES OR APPLICATION WILL BE CORRECTED, OR
(F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE SERVICES AND APPLICATION ARE 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 DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9-INTERNET DELAYS

THE COMPANY’S SERVICES AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

10-LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, 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 SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY MAY INTRODUCE YOU TO CONTRACTUAL AND THIRD PARTY TRANSPORTATION PROVIDERS FOR THE PURPOSES OF PROVIDING TRANSPORTATION. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY TRANSPORTATION PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY TRANSPORTATION PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICES. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER PAKISTANI LAW, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

THE QUALITY OF THE TRANSPORTATION SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE CONTRACTOR, CONTRACTUAL STAFF AND THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH TRANSPORTATION SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICES, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK. BUT MOBICAB SERVICES CAN PROVIDE YOU THE HELP.

11-CONDUCT OF USERS

By entering into this Agreement or using the Application or the Service you agree that (1) you will not misuse any contractual and third party car, use any contractual and third party car for any illegal purpose, engage in any illegal activities (such as carrying any kind of drugs of narcotics, weapons or illegal goods) in any contractual and third party car; and (2) you will comply with the laws set forth by Government of Pakistan or Provincial Governments or City Metropolitan Corporations, Cantonment Boards, Police Departments or Traffic Police Departments where you use the App.

12-INDEMNIFICATION

By entering into this Agreement and using the Application or Services, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyer’s fees and costs) arising out of or in connection with:

(a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement;
(b) your violation of any rights of any third party, including any providers of transportation services, or
(c) your use or misuse of the Application or Service.

13-NOTICE

The Company may give notice by means of a general notice on the Services, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post or by courier to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post or by courier) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following mailing address: Basement Billy’s Shopping Galleria & Residency Gulistan-e-Jauhar Block-18, Karachi Pakistan addressed to the attention of: Managing Director.

14-ASSIGNMENT

This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

15-GOVERNING LAW

This Agreement is governed by the Laws of the Pakistan. Any suit, action or proceeding arising out of this Agreement shall be instituted in the Court of Law located in Karachi, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

16-DISPUTE RESOLUTION

You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains 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.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Further, unless both you and
Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.

17-ARBITRATION ACT (PAKISTAN)

The arbitration will be administered by the independent board of arbitrators (arbitrators will be appointed by MobiCab and other part) in accordance with the Arbitration Act effect in Pakistan and in Karachi jurisdiction.
(The Arbitration Act is available at www.mobicab.mobi/legal/arbitration-act.pdf) The Arbitration Act will govern the interpretation and enforcement of this Section.

18-ARBITRATION PROCESS

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in The Arbitration Act. The arbitrator will be either a retired judge or a lawyer licensed (Registered with Pakistan Bar Council or Sindh Bar Council) to practice law (The Honorable Supreme Court of Pakistan or The Honorable High Court of Sindh) in Karachi Pakistan and will be selected by the parties from the arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the Head of Arbitration (Umpire) will appoint the arbitrator in accordance with The Arbitration Act.

19-ARBITRATION LOCATION AND PROCEDURE

Unless you and Company otherwise agree, the arbitration will be conducted in Karachi Pakistan. If your claim does not exceed PKR 1500,000/-, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds PKR 1500,000/-, your right to a hearing will be determined by The Arbitration Act. Subject to The Arbitration Act, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

20-ARBITRATRATOR’S DECISION

The arbitrator will render an award within the time frame specified in The Arbitration Act. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, but only to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

21-FEES

Your responsibility to pay any Arbitration filing, administrative and arbitrator fees will be solely as set forth in The Arbitration Act. However, if your claim for damages does not exceed PKR 1500,000/-, and if you prevail in the arbitration by receiving damages for the claimed amount set forth in your complaint, Company will pay all such fees.

22-CHANGES

Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice within 15 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section under Arbitration Act as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

23-GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Services or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

Karachi Pakistan
Updated on April 22nd, 2019