PLEASE READ THESE TERMS CAREFULLY BEFORE USING MIRAZH CAR-HAILING APP.
1. General Provisions
These Terms of Use (hereinafter referred to as the Terms) govern the access of the services on the Mirazh Driver mobile application and website (hereinafter referred to as the Services or Mirazh Driver App) by you as a Third-Party transport service provider (hereinafter referred to as the Partner) within Zambia. These Services are offered by Mirazh Transport Solutions Ltd (hereinafter referred to as Company), which is registered with PACRA in Zambia as a Company Limited by Shares and has its offices on the 2nd Floor of Blue House, Part of Plot 2374, Great East Road, Arcades, Lusaka, Zambia.By accessing or using the Services you agree to be bound by these Terms including the privacy policy, which establishes a contractual relationship between you and the Company. The Terms supersede prior agreements or arrangements with you. Therefore, you may choose not to use the Services if you do not agree to these Terms. The Company reserves the right to immediately terminate these Terms or any Services with respect to you the Partner, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2. The Services
Mirazh App offers passenger transportation, cargo haulage as well as delivery services to customers within Zambia by analysing and processing the parameters provided by the passenger who is booking (hereinafter referred to as the Customer). The transportation service and logistics may be offered by the Company itself or by you the Partner Third-Party transport service providers depending on which one is closer to the location of the Customer at the time of booking. Therefore, for every transaction, the Customer enters into an agreement with the party providing the transportation.
2.1 License
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(i) access and use the Services on your personal device solely dependent on the service type selected; and
(ii) access and use any content, information and related materials that may be made available through the Services (including content from other Third-Party advertisers), in each case solely for your personal use. Any rights not expressly granted herein are reserved by Company.
2.2 Restrictions
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(ii) modify, reproduce, 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 Company;
(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.
2.3 Services Provision
You acknowledge that the Services are made available under various categories and tariffs associated with the types of transportation or logistics. These include “Mirazh Free,” “Cargo Haulage,” “Comfort,” and “Delivery. You also acknowledge that the Services may be provided by either the Company or you the Partner Third-Party transport service providers depending on which one is closer to the location of the Customer at the time of booking.
2.4 Third-Party Services and Content
Since transportation and logistics service may be offered by the Company itself or by you the Partner Third-Party transport service providers, the Customer enters into an agreement with the respective party providing the transportation service, for every transaction initiated on Mirazh App. In case of transportation service and logistics provided by the Partners, the Company has no control over it as the agreement is between the Partner and the Customer. As such, questions are to be directed to that particular Partner Third-Party transport service provider. Mirazh App may also have content such as adverts from the Third-Party. You acknowledge that different terms of use and privacy policies may apply to your use of such Third-Party services or content. The Company does not endorse such Third-Party services and content and in no event shall the Company be responsible or liable for any products or services of such Third-Party providers. By using our Services, mobile application stores such as Apple Inc., Google Inc. or Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be Third-Party beneficiaries to this contract. These Third-Party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable Third-Party beneficiary’s terms of service.2.5 Ownership.The Services and all rights therein are and shall remain property of Mirazh Transport Solution Ltd or the property of Company’s 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 Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
3. Your Use of the Services3.1 Partner Accounts.
In order to use most aspects of the Services, you must register for and maintain an active Partner Services account (“Account”). You must possess a valid driving license and be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number, at least one valid payment method (either a credit card or accepted payment partner) as well as vehicle registration details such as plate number, make, model and colour. 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 and use the Services or Company’s termination of these Terms with you. 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 Company in writing, you may only possess one Account.
3.2 Partner 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. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage. You will have to provide and update your identity to access or use the Services. As such, you agree that you may be denied access to or use of the Services if your uploaded identity is not clear or is wrong.
3.3 Notifications and Text Messaging
Communication remains a vital tool to the Company in the efficient and secure provision of the Services. In this regard you might receive text messages and OTP in form of SMS and/or email. This should be regarded as a normal requirement for a coordinated business operation. Other requirements for the operation of the Mirazh App can be found in our privacy policy on this link; https://www.mirazheasyrides.com/privacy-policy.
3.4 Promotional and Referral Codes
Company may, in Company’s sole discretion, create promotional and referral codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Company establishes on a per promotional/referral code basis (“Promo/Referral Codes”). You agree that Promo/Referral 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 Company;
(iii) may be disabled by Company at any time for any reason without liability to Company;
(iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other Partner in the event that Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
3.5 Partner Provided Content
Company may, in Company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company 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 (“Partner Content”). Any Partner Content provided by you remains your property. However, by providing Partner Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, 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 Partner Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company’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 Partner Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the Partner Content as set forth above; and
(ii) neither the Partner Content nor your submission, uploading, publishing or otherwise making available of such Partner Content nor Company’s use of the Partner 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 Partner Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove Partner Content, at Company’s sole discretion and at any time and for any reason, without notice to you.
3.6 Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company 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.
3.7 Cancellation of Trips
Fees are charged for a trip cancelled by the Customer, if such cancellation took place after the vehicle’s arrival to the place the Customer had appointed. The amount of such fees is calculated the same way as the cost of trip/service as per tariff for a period of time from when the vehicle actually arrived at the pick-up place or from the time of arrival specified in information the transportation provider submitted to the Customer regarding the transportation of the Customer/Customers’ parcel ordered (whichever comes later) until the Customer cancelled the trip/service. The Customer shall cancel a trip/service by sending a relevant notice to the transportation provider via the Service. A Customer that has not boarded a vehicle served by the transportation provider within ten (10) minutes considering no-charge waiting time specified in a respective tariff is deemed to have cancelled a trip/service, unless otherwise stipulated by the relevant transportation provider’s rules or agreements between the Partner and a representative (driver) of the transportation provider.
3.8 Refund
The Company aims to offer you the best experience when you choose to use our Services. Therefore, if a Customer feels that the Services were not up to your expectations, they could give feedback on the App by rating the driver immediately after the trip ends. All extremely unfair cases should be reported to the Company’s Customer support within 30 days. Furthermore, should the Customer believe that he/she was wrongly charged for the service or there was an error in computing the price, he/she could also report to our Support team using the contact details given on our website. The request to be refunded will be solely evaluated on a case-by-case basis at the Company’s discretion, and if the Company deems it necessary to fully or partially refund the Customer, the Company will proceed to issue the refund immediately and you will be notified. The refund is paid by the Company. The Partner causing the refund-case gets his rating Automatically dropped to zero and could possibly face deregistration.
4. Payments
You understand that as a Partner, you will be charged for using the Services provided by the Company. The payment method for this charge is electronic. As a Partner, you can access the function of cashless payment by a Linked Bank Card on Mirazh Driver App or the Company will send you a payment link via email or SMS. The Partner shall specify the Linked Bank Card in the Service interface indicating the following details:
Bank card number
Expiry Date
Verification code
If the bank card details are true, valid and it is technically feasible to use this card in the Service, the said bank card becomes the Linked one and can be used for cashless payments. All Linked Cards are displayed in the Service interface; for the Partner’s convenience, the interface displays the last 4 digits of the Linked Card number.As a Partner, you will be charged in order to use the Service and the Company will facilitate the payment of the applicable charges. In case of cash payments, the Third-Party Provider will collect the Charge for the transportation service provided. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by the Company. All Charges are due upon using the Service and payment will be facilitated by Company using the preferred payment method designated in your Account, after which Company will send you 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 Company may, as the payment collection agent, use a secondary payment method in your Account, if available.The Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Service at any time in Company’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Company 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. Company may from time to time provide certain Partners with promotional offers and discounts such as referral codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.Any representation by Company (on Company’s website, in the Application, or in Company’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 Company provides any additional amounts, beyond those described above, to the Partner. You understand and agree that, while you are free to receive additional payment as a gratuity from any Customer, the Customers are under no obligation to tip you and you shall not request any such payments from them. Gratuities are voluntary. After you have offered the service both you the Partner and the Customer have the opportunity to rate your experience and leave additional feedback about the transaction.
Repair and Cleaning
In an event that the vehicle used under a Customer’s account gets damaged or dirty out of the Customer’s negligence or intent, the Customer shall be responsible for the cost of repair for damage to, or necessary cleaning of the vehicle involved. If a Partner reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Company in Company’s reasonable discretion, Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Partner using your payment method designated in your Account. Such amounts will be transferred by Company to the applicable Partner Third-Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
5.1 DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY 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, COMPANY 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. COMPANY 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.
5.2 LIMITATION OF LIABILITY.THE COMPANY 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, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY 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 PARTNER AND CUSTOMER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PARTNERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE THOUSAND KWACHA (ZMW5,000).
YOU UNDERSTAND THAT COMPANY’S SERVICES MAY BE USED BY YOU THE PARTNER TO PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES, SO YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO THE CUSTOMERS RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED BY PARTNERS 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 THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
5.3 Indemnity
You, the Partner agree to indemnify and hold Company 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 or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) use of your Partner Content; or
(iv) your violation of the rights.
6. Governing Law; Arbitration or Dispute resolution.
Being a Zambian Company with and only providing Services locally, these Terms shall be exclusively governed by and construed in accordance with the laws of Zambia. Any disputes arising out or in connection with these Terms of Use of Company shall be settled by the competent Zambian court, thus disregarding the rules on conflicts of laws. The existence and content of the mediation and proceedings, including documents and briefs submitted by the parties shall remain strictly confidential and shall not be disclosed to any Third-Party without the express written consent from the other party.
7. Other Provisions
7.1 Copyright Infringement Claims
Mirazh Transport Solutions Limited places high regard on Copyright laws. To this regard, claims of copyright infringement should be sent to Company’s legal representative. For the contact details of our legal representatives and additional information, please visit Company’s web page at https://www.mirazheasyrides.com or email us on [email protected].
7.2 General
You may not assign or transfer these Terms in whole or in part without Company’s prior written approval. You give your approval to Company for it to assign or transfer these Terms in whole or in part, including to:
(i) a subsidiary or affiliate;
(ii) an acquirer of Company’s equity, business or assets; or
(iii) a successor by merger.
No joint venture, partnership, employment or agency relationship exists between you, Company or any Third-Party Provider as a result of the contract between you and Company or use of the Services.If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
8. Amendments to the Terms and Regulatory Documents
The Terms and Conditions laid down in this document including the Regulatory Documents may be unilaterally amended by the Company at any time without notice to the Partner. How ever, the Partner will be duly notified of the amendments made. The amended Terms and Conditions will be publicised at: https://mirazheasyrides.com/terms-of-use and the Terms shall come into effect on the date of their publication, unless otherwise specified. The Partner bears a risk of failure to review a new version of the Terms and Regulatory Documents. Any continued use of the Service after the Terms or Regulatory Documents have been changed will qualify as the acceptance of the new version.
9. Company Details
Name: Mirazh Transport Solutions Ltd.
Company registration number: 120210022060.
Type: Company Limited by Shares.
Address: 2nd Floor, Blue House Part of Plot 2374, Great East Road, Arcades, Lusaka, Zambia.
Contact No.: +260 776287584
e-mail: [email protected]
website: https://mirazheasyrides.com