- How it works
- Account Registration
- By registering with TM, you confirm
- Supplemental terms
- E-Wallet Credits
- Account Deactivation
- Intellectual Property Rights
- Acceptable Use
- Representation and Warranties
- Disclaimer of Warranties; Limitations of Liability
- User indemnification
- Governing Law and Dispute Resolution
- Waiver and Severability
In these Terms following terms have the following meanings:
“App” an application available to User’s on google play store or istore;
"Chargeback" a bona fide demand by a credit-card provider for TM to make good the loss the credit card provider has incurred because the User has disputed purchase for any reason whatsoever which the User paid for using its credit card;
"Commission" TM shall receive fifteen percent from the Revenue paid by User Customer to a User Driver for availing his/her services through the Website or the App;
“E-Auto” any rickshaw;
“E-Bike” any motorcycle;
“E-Executive” any car that is 1300cc;
“E-Executive Plus” any car that is 1600cc or above;
“E-Go” any car that ranges from 660cc to 1000cc;
“E-Mini” any car that is 660cc;
“E-Wallet” the amount overpaid or given by the User Customer to the User Driver or TM directly to add credit amount in User Customer account;
"Payment Provider" any third party approved by TM which enables Users to make transactions but includes Meezan Bank, jazz cash and easy paisa;
"Refund" the return of monies to a User after a bona fide dispute, often issued prior to a chargeback;
“Revenue” the total amount paid by a User Customer to a User Driver
“Rides” E-Auto, E-Bike, E-Executive, E-Executive Plus, E-Go and E-Mini collectively;
“Term” this terms and condition
"User" any user of the Website or App whether a User Driver or User Customer;
“User Customer” any User of the Website or the App who desires to avail the services of TM for booking transportation facilities only;
“User Driver” any User of the Website or App, with a valid driving license and no ongoing litigation related to road accidents, who wish to provide their professional driving services independently to User Customer;
"TM" The Movers Technology (Private) Limited, registered under the Companies Act, 2017 with the Securities Exchange and Commission of Pakistan.
“Violation” infringement of the by a User of any of the clauses and provisions set out within the Term;
"Website" the website at www.executivemovers.com.pk
The Website and App is under the exclusive ownership of TM with no other stakeholders. If TM deems fit and just, if any changes are made to the ownership at any stage, all the User’s will be notified promptly with the option to continue or discontinue using the Website and/or App.
TM provides the User’s with a platform to interconnect with one another and form an independent contract (to which TM is not a contracting party) whereafter, the User Customer avails while the User Driver provides services that include taxi, transportation, logistics and deliveries in lieu of monetary consideration which will be calculated and shown to both the User’s.
By registering yourselves, you explicitly agree that you are bound by these Terms and verify that you have read these Terms and therefore, you shall abide by these Terms. These Terms shall govern your utilization of the Website and the App.
Should you disagree to any of the Terms set out herein, you must not access or use the Website or the App and for purposes of clarity, you shall not register yourselves with TM. Should you register yourselves with TM through its Website or App, as the case may be, you will have deemed to have complied and accepted Clause 1.4.
The Terms set out herein are legally binding upon User’s and TM. Any information provided on the Website or App, directly or indirectly, which includes, but not limited to, frequently asked questions and frequently answered questions is not legally binding upon TM. They do not form part of these Terms.
As stated in clause 1.2, the Website and App is only offered and available to User’s who are 18 and above years of age. By using the Website and App, you represent and warrant that you are 18 years of age, that you are of legal age to form a binding contract with TM and third parties. If you do not meet all of these conditions, you must not access or use the Website or the App.
These Terms may need to be amended from time to time with the developing law and practical circumstances, as the case may be, and therefore, TM shall reserve the right to makes changes to these Terms as they deem fit and just in their sole discretion. User’s will be notified regarding any changes that may take place and a reasonable time period of 30 days will be given to them for reviewing the proposed amendments and should they not choose to accept such amendments, they may discontinue their usage of the Website or/and the App in accordance with these Terms. You may keep a check on these Terms from time to time to keep yourself aware of any changes/amendments.
TM only owns, manages and operates the Website and the App; it does not have any form of ownership of any User Content on the Website or/and App especially any views expressed by User’s on the sane and do not in anyway whatsoever, represent TM views.
All transactions and interactions between both the User’s are done independently and within their own capacity while TM only provides online facility to the User’s to connect with one another. Except when TM acts as the agent of a User Driver to receive payment for him/her from a User Customer (as further described hereunder), at no point will TM be a party to or be responsible for any transaction or interaction between User’s. It is vital to state here that TM will only act as an agent of the User Driver after executing a proper agent agreement.
TM reserves the right at its sole discretion to modify, suspend or terminate the Website and/or the App; or any portion thereof and also restrict, limit, suspend or terminate User’s access to it or any portion thereof at any time. By registering yourselves with TM through it’s Website and/or the App you agree to this.
You must at all times, comply with these Terms. Any infringement by you regarding these Terms or any applicable law for time being in force or any copyright or trade mark infringement shall subject you to measures that TM may deem appropriate.
If any User has misused or unlawfully or criminally used the Website and/or the App, or is suspected or alleged to do the same, TM may investigate into the matter and it may cooperate with law enforcement agencies if such investigation is deemed to be carried out by them and disclose the required information in accordance with the law or in response to a lawful Court Order.
TM shall reserve the right to change the Payment Providers at any time. By doing so, it will take all the reasonable measures to ensure the credibility of the new Payment Provider. The User’s will be immediately notified in accordance with Clause 1.9. Applicable details will also be uploaded to the User Account.
From time to time, TM may restrict access to some parts of the Website, or the entire Website, to Users based on the situation.
TM reserves the right to change the names of the Rides in its sole discretion and bring any changes as they deem fit and just.
How it work
TM is a technology based private limited company that owns and operates the Website and the App. TM has provided the User’s with a platform to connect with one another and enter into an independent contract which may allow the User Customer to book Rides and the User Driver has the discretion to either confirm or reject the ride.
To become a User you can register and create a User account whether as a User Driver or User Customer on the Website or on the App, as the case may be, by providing the required details on it. YOU SHOULD NOT BE BELOW THE AGE OF 18 YEARS. If you are 18 years old and above, to register, you will have to provide the following details:
- Date of Birth (you must not be below 18 years)
- Valid email address;
- Mobile number;
- Profile picture;
- CNIC details; and
- Current address & permanent address
All the information you provide on the Website or/and the App should be correct and accurate. Any misrepresentation or incorrect information that has been provided by you, the consequences entailing with it shall solely make you liable and TM shall not be responsible for any loss or damage caused by your acts and omissions.
For anyone, who has registered themselves with TM through the Website or App, after meeting out the necessary requirements and has become a User, you may have the option to provide the payment card details which you deem fit and just for current and future transaction(s) to the Payment Provider.
You have understood and agreed that all your payment card information is stored by the Payment Provider. Furthermore, the necessary details regarding your payment plans is stored with TM to process further transactions until you decide to delete your payment information. You shall notify us on our email i.e. firstname.lastname@example.org as well regarding your choice of deletion.
You can view your payment details in the cards management section provided to you on your User Account.
By registering on TM, you confirm
You agree and verify that the information provided by you to TM on the Website and/or the App is truthful and accurate, and you have not concealed any fact or correct position. You also agree that you are not misrepresenting to be someone you are not and you understand the importance of privacy of an individual.
You confirm by registering with TM that you are not (and you do not intend to) indulge yourself in any criminal activity, misuse the services being availed through the Website and/or the App, infringe any intellectual property rights or any other proprietorial right of any third party. Furthermore, any profile picture that you choose to upload, you confirm that is in its entirety your own work or under your legal ownership, as the case may be and you understand that anything which you post or upload does not infringe any intellectual property rights.
By registering with TM you confirm that your previous account (if any) was not terminated or suspended by TM for infringing these Terms. If your account was sacked or terminated by TM for infringing the Terms stipulated herein and you claim any exception or you want to provide justification, you must send TM an email on email@example.com as to why you should be allowed to continue using the Website and/or the App or create a new User Account as the case may be. It will be the sole discretion of TM to decide whether or not they should provide you with any exception to continue or create a new User account.
You confirm that you will not sell, lease, rent or transfer your User account to any third party and by registering yourself on the Website and/or the App, you warrant that you have with your own free will registered an account of yours for your personal use.
You confirm that if you violate Clause 5.4 and you rent, lease, sell or transfer your User account to anyone else but yourself, TM shall not be responsible for any loss or damage caused by you or to you. You shall notify TM on firstname.lastname@example.org immediately if you have by your own act or omission transferred your account whether on rent, lease or sale so that TM may terminate or suspend your account.
You confirm that any loss or damage caused to TM or you yourself, due to your acts and omission regarding any violations made to the Terms, you shall be solely responsible for such loss or damage and TM shall not be responsible
TM may from time to time, at its sole discretion, reserve the right to check your compliance with the Term’s which includes, inter alia, verifying the information you have provided to TM while registering yourself as a User and thereafter, providing further information of any kind and nature, as the case may be from time to time. It is pertinent to mention here that in case, TM cannot verify the information you have provided for any reason whatsoever, TM shall have the right to suspend your account and open up an enquiry and keep you updated on your email address or through any mode of communication selected by you. If you are unable to satisfy TM regarding their suspicions or your information, your User account shall stand terminated.
User’s confirm and verify that they cannot directly or indirectly come into contact with each other except through the Website and/or the App. Both the User’s shall not exchange their personal mobile number, phone number, email or any form of communication.
You confirm that if any of the situations as described in Clause 5.8 arise or happen or are about to happen or may occur in the future, you shall immediately notify TM on their helpline i.e. 04235923833 or on their email i.e. email@example.com. By doing so, TM may be able to take reasonable steps that it deems appropriate. However, this will not in anyway make EM liable for any loss or damage incurred by you. TM shall immediately suspend the User account of the User(s) for any violation of these Terms or misconduct after holding an enquiry
You confirm and verify that you will not provide your confidential information which include your, payment details, login details and password etc. to anyone. You shall be solely responsible for any kind of activities that transpire on your User account. Thus, you confirm that you shall keep your details confidential and secure. You also confirm that you will not provide your details to any person, entity etc. who portrays to be TM.
If there has been any activity or you believe that someone other than you is using or has used your account or there has been some breach of security, you shall immediately notify TM at firstname.lastname@example.org regarding the situation so that it may suspend or terminate your account, as the case may be, to prevent further loss or damage of any kind. However, you agree that TM shall not be responsible for any loss incurred to you or whether the same is incurring till the termination of your User account in-case the aforementioned circumstance takes place.
You shall take all sort of precautions while using our Website and the App and inform TM at email@example.com if you suspect any kind of threat that may incur or is likely to incur. Logging out is highly recommended after your sessions. You shall also take precautions and notify TM on the aforementioned email address regarding your activity on the Website or App from any public or shared computer or like device. You understand that by using any public or shared computer or like device, you have exposed yourself to a possibility and threat of others being able to access, view, save or record your confidential information. TM shall not be responsible for any loss that may occur due to your acts and omissions even after you notify them.
You understand and confirm that TM reserves the right, for any cause or reason, to disable any user name, password or likewise login details such as finger print and face identifier etc. as the case may be, whether chosen by you or provided by TM.
You understand and confirm that by registering yourself with TM, TM may send you SMS messages from time to time as part of normal business operations. However, you have the option of opting out from receiving SMS messages and you may do so by visiting the Website or on the App . You may opt to unsubscribe by emailing us at firstname.lastname@example.org.
You confirm and acknowledge that as a User Customer, if you pay the User Driver a sum of monies that exceeds the payable amount because you do not have change and the User Driver also does not have change then in that case the additional amount shall be added to the User Customer’s E-Wallet which may be availed by them in their next ride, should they choose to avail it, and the whole credit amount given to the User Driver shall be paid by the User Driver to TM.
User Driver confirms that incase they do not give the credit amount in accordance with Clause 5.15, TM will be at liberty to deduct any amount available with them of the User Driver or from the bonus if payable by TM and TM shall reserve the right to initiate criminal/civil proceedings against the User Driver.
User Driver confirms that any additional amount on top of the actual amount as shown on the App given to him/her shall be entered on the App in good faith so the same may be credited in favor of the User Customer into their E-Wallet.
The User Customer confirms and acknowledges that the credit available in the E-Wallet cannot be used for any other purposes but to make payments for the rides that they have booked. The User Customer further confirms and acknowledges that the credit available in the E-Wallet cannot be transferred to their bank accounts or refunded to them in the shape of monies however, they may have the option to transfer the E-Wallet credits to their family and friends at their sole discretion.
Supplementary terms are additional terms which are subject to these Terms. These supplemental terms shall be available to the User’s in the form of policies for a specific event, activity, special offers or promotion.
Incase of conflict between these Terms and supplementary terms, the latter will prevail over the Terms for the services provided during the specific event, activity, special offers or promotion.
The User Customer may opt to fill in the details of his/her credit/debit card which they would like to use as a mode of payment, provided that the same has not expired or unable to be used due to blockage etc.
The User Customer shall pay the User Driver the amount due as shown on the App or the Website upon the ending of the ride. Any payment made by the User Driver in excess to the actual amount due as shown in the App, the same shall be entered on the App by the User Driver. The excess amount shall be credited into the E-Wallet of the User Customer which they can use as a mode of payment for their next rides.
Incase of card payment as offered by TM as a payment method and the User Customer has selected payment card as their designated payment method to top up their E-Wallet or make payment for their ride, you acknowledge that transaction errors relating to such transaction may result in a reversal of the transaction, fees, claims, penalty or chargeback from the financial institution or payment services provider that has issued the payment card. You acknowledge that the financial institution or payment services provider which issues or supports the designated payment method you have linked to the Website or/and the App and not TM determines any amount reversed, returned or charged back and that TM is bound to follow the instructions of that financial institution or payments services provider. You agree to authorize TM to work with your financial institution or payment services provider to recover any amounts owing to TM and if necessary you further agree to authorize TM to recover any amounts due by debiting your account or charging your secondary payment method (if any) or by any other means TM deems appropriate and just in its sole discretion. You agree that you will be responsible for resolving any disputes with the financial institution which has issued your card.
TM will act as a limited agent of the User Driver only for the purposes of collection of monies from the User Customer and facilitate the same. Any such transaction shall be considered as the User Customer making the payment directly to the User Driver.
Any payment made by the User Customer either through credit/debit card or in cash will be inclusive of applicable taxes as determined by the Government of Islamic Republic of Pakistan or the taxation authorities.
The User Customer shall pay the amount due instantly after the ride finishes and shall receive a receipt via email. The User Customer is not bound to pay any ‘tips’ to the User Driver, however, they may do so by voluntarily giving it at their sole discretion. The User Driver cannot ask for tips.
The User Customer shall have the option to top up their E-Wallet by using jazz cash, debit card, credit card or easy paisa. TM may provide other payment mechanisms from time to time.
The User Driver shall retain 85% (Eighty Five Percent) of the total revenue generated in every month from the total rides he has made using the Website or/and the App whereas he shall pay TM the remaining as Commission for providing services. Furthermore, TM shall only be liable to pay taxes on the Commission and not on the entire amount, the User Driver shall be liable to file his tax returns accordingly.
The User Driver shall pay TM the due Commission within 48 hours from the time Revenue is collected. If the User Driver fails to comply with this clause, TM shall be at liberty to withhold any Revenue paid through E-Wallet or credit/debit card and suspend the account of the User Driver. The User Driver will receive the receipt of every Commission paid to TM by him/her either through SMS or the email they have provided.
Any payment made by a User Customer using his/her E-Wallet or through their debit/credit card, these payments shall be released and disbursed to the driver at the end of the month or start of the next after deducting the Commission. These payments shall be subject to the Payment Provider releasing the amount, if any Chargeback is claimed or any payment is disputed by the User Customer or the bank, as the case may be, TM shall not be liable to pay the said amount till the amount is cleared, if cleared.
The User Customer shall have the option of adding an advance amount from their payment card account as credit into their E-Wallet which the User Customer may use to carry out transactions available on the Website or/and the App for the services available. It is hereby clarified that E-Wallet cannot be used to make transactions on other websites or purchases but those available on the Website or the App and the same are non-refundable.
Once the amount has been credited into E-Wallet, the same may be utilized on the Website and/or the App however, the credited amount in E-Wallet cannot be transferred to any other User directly or the same cannot be used as digital currency to carry out economical day to day activities. It may only be used for the purposes as set out in Clause 8.1 hereinabove. Furthermore, any unused amount in E-Wallet, cannot be withdrawn and it shall only be used in accordance with Clause 8.1. The credited amount in E-Wallet is non-refundable.
If a situation arises whereby a User Customer chooses to make a payment for any of the transportation facilities available on the Website or/and the App, and the amount exceeds from the available credits in their E-Wallet, he/she cannot complete the transaction until they reload the credit in their E-Wallet Credit or User Customer can then pay the whole amount directly from their payment card the details of which they have provided on the Website or/and the App. The User Customer cannot make part payments when they have availed the service for e.g. utilizing E-Wallet and making the rest of the payment from their payment card or through cash. Part payments are not permitted.
Should you wish to deactivate your User account then you may do so in your User Account section.
If you are a User then any account deactivation will take place as soon as reasonably possible. You will no longer be charged or have access to any of the facilities made available by TM on the Website and/or the App.
If a User is both a User Customer and a User Driver then the account will be deactivated in two stages i.e. User Customer first and then User Driver.
You will receive an email from TM confirming deletion of your account.
Intellectual Property Rights
Other than the Website and the App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by TM, TM licensors, or other providers of such material and are subject to international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not, at any cost whatsoever, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website and/or the App, except that you may store files that are automatically cached by your web browser for display enhancement purposes.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and/or the App in breach of the Terms, your right to use the Website and/or the App will end immediately and you must, at TM option, return or destroy any copies of the materials you have made.
Other than your own user content, no right, title, or interest in or to the Website and/or the App or any content on the Website and/or the App is transferred to you, and all rights not expressly granted are reserved by TM. Any use of the Website and/or the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The TM name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of TM or TM affiliates or licensors. You must not use such marks without TM prior written permission. All other names, logos, product and service names, designs, and slogans on the Website and/or the App are the trademarks of their respective owners.
Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited licence to use the Website and/or the App for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by TM at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of the Website and/or the App other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by TM.
TM does not warrant that the Website and the App is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not the same is compatible with your device.
All Users shall ensure that they comply with this Clause i.e. Clause 12 in letter and spirit while using the Website and/or the App.
You shall only use the Website and/or the App for your own lawful and personal use as set out in these Terms. You shall not at any time, use the same for promoting or carrying out any illegal and criminal activity. You shall not cause harm to any person directly or indirectly.
You shall not impersonate TM, one of TM employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any affiliation, endorsement, sponsorship between you and TM and/or any other person or entity.
You shall give correct and accurate information only and not falsify account registration information. You shall also take precaution from making any unauthorized use of any persons information or content. You will be liable for any loss or damage or criminal or civil liability arising due to your acts and omissions.
You shall not use the Website and/or the App to promote any criminal activities, cause harm and undue turmoil, create a panicking situation and you shall not perform any illegal or unlawful activities. You shall also respect the rights of all persons or entity and not violate them at any cost whatsoever.
You shall refrain yourselves from copying, reproducing, distributing, modifying, or creating any derivative works from, any portion of the Website and/or the App without TM express written permission.
You shall not transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
You shall not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and/or the App, or which, as determined by TM, may harm TM or User or expose them to any liability.
You shall not create, upload, post, display, publish or distribute any user content that:
is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions;
violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent);
promotes or advertises fireams or other weapons, drugs, or drug paraphernalia;
promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising;
gives the impression that it emanates from or is endorsed by TM or any other person or entity, if this is not the case.
You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any user content that you do not own.
You shall not use the Website and/or the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website and/or the App.
You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Website and/or the App.
You shall not interfere in any way with the operation of Website and/or the App or any server, network or system associated with TM, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access.
You shall not use the Website and/or the App for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes.
You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access the Website and/or the App or any server, network or system associated with TM, or to extract, collect, harvest or gather content or information from the Website and/or the App.
You shall not make any other use of the Website and/or the App that violates these Terms or any applicable law.
Any information or content posted that is reported by another User, and that is deemed unacceptable by TM, will be deleted and the User notified via email. Users who repeatedly violate this Clause i.e. Clause 12 may be deactivated. If TM becomes aware that a User is underage, TM will promptly deactivate that User's account and delete all information and content of that User. If you are a parent or legal guardian and become aware that your minor-child has registered themselves with us, please immediately notify TM at email email@example.com.
Representations & Warranties
By registering an account with TM, you represent and warrant that you are at least 18 years of age.
You will fully comply with these Terms in letter and spirit and shall not infringe the terms stipulated within these Terms.
You accept and assume complete liability for using of the Website and/or the App on any device, whether or not it is owned by you. You warrant that TM shall not be responsible for your acts and omissions for signing in into any device whether or not it is owned or controlled by you. Any loss or damage arising shall be subject to you only and not TM.
You accept full responsibility for any information and user content created or provided by you.
Your use of the Website and/or the App will not violate these Terms or any applicable law.
If you are using the Website and/or the App on behalf of a business or other entity, you warrant that you are authorized to grant all the licences stipulated in or entailed by these Terms and that you are authorized to bind the business or other entity to these Terms.
Infringement of Intellectual Property
TM will take all strict measures to comply with the intellectual property laws that belongs to any person. You may send us an email on firstname.lastname@example.org to report any infringement, or any other illegal activity as the case may be.
Please note that, under this clause, any person who knowingly makes material misrepresentations in a notification of claimed infringement or in a counter-notification may also be liable for damages.
By using the Website/App, you Acknowledge and Agree
TM and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, TM disclaim any and all warranties, express or implied, and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. TM does not warrant or guarantee the accuracy, usefulness, completeness or reliability of the Website/App, or the results of your use of it, TM disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and/or the App, or by anyone who may be informed of any of its contents.
TM also do not warrant or guarantee that all of its services and features will be available at any particular time or location; that TM and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that TM and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website/App for any reconstruction of any lost data.
To the fullest extent provided by law, TM will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website and/or the App or any services or items obtained through the Website/App or to your downloading of any material posted on it, or on any website linked to it. Your use of TM and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
TM does not warrant or guarantee that use of the Website and the App will be uninterrupted or error free twenty-four hours a day, seven days a week, since TM may need to carry out maintenance of the Website and/or the App from time to time. However, TM will use its reasonable endeavors to carry out any such maintenance of the Website outside of business hours, TM will endeavor to give reasonable notice, however this may not always be possible.
In no event shall TM be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) the Website/App or any of its services or features. however where such distribution does occur please contact TM at email@example.com, and TM will seek to prevent continuance of such distribution where TM is reasonably able to do so.
By using the Website/App, you agree to indemnify and hold harmless TM and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following:
your use of Website/App or any of the services or features provided therein;
any information disclosed by you or user content created, published, or otherwise made available on the Website/App by you;
any transaction or interaction between you and any other User of the Website/App; and/or
your violation of the Terms or any applicable law.
Notwithstanding TM’s appointment as the User Driver’s limited agent as described hereinabove within the Terms, the User Customer and User Driver are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify TM for any loss or expense, including management time that is as a consequence incurred by TM.
Governing Law and Dispute Resolution
You and TM agree that these Terms shall be governed by and construed in accordance with the laws of Islamic Republic of Pakistan (without regard to the conflict of laws provisions thereof) and that any dispute between you and TM or arising out of or related to these Terms shall be resolved exclusively through Arbitration.
Except where prohibited by applicable law, any claim or cause of action by you concerning TM or arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
Waiver and Severability
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms constitute the sole and entire agreement between you and TM regarding the Website/App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website/App.