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 mobile application and website
(hereinafter referred to as the Services or Mirazh App) by you as
an individual (hereinafter referred to as the User) 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 User, 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 User. The
transportation service and logistics may be offered by the Company itself or by
partner Third-Party transport service providers depending on which one is
closer to the location of the User at the time of booking. Therefore, for every
transaction, the User 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 Third-Party partners), 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 partner Third-Party transport service providers depending
on which one is closer to your location as a User 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 partner Third-Party transport service providers, the
User 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 Third-Party, the
Company has no control over it as the agreement
is between the User and the Third-Party. As such,
questions are to be directed to that particular Third-Party 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 Services
3.1 User
Accounts
In order to
use most aspects of the Services, you must register for and maintain an active
personal user Services account (“Account”).
You must be at least 18 years of age, or the age of legal majority in your
jurisdiction (if different than 18), to obtain an Account. Account registration
requires you to submit to Company certain personal information, such as your
name, address, mobile phone number and age, as well as at least one valid
payment method (either a credit card or accepted payment partner). 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 User
Requirements and Conduct
The Service
is not available for use by persons under the age of 18. You may not authorize
third parties to use your Account, and you may not allow persons under the age
of 18 to receive transportation or logistics services from Third-Party Providers
unless they are accompanied by you. You may not assign or otherwise transfer
your Account to any other person or entity. You agree to comply with all
applicable laws when 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,
whether to the Third-Party Provider or any other party. In certain instances,
you may be asked to provide proof of identity to access or use the Services,
and you agree that you may be denied access to or use of the Services if you
refuse to provide proof of identity.
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
Codes
Company
may, in Company’s sole discretion, create promotional codes that may be
redeemed for Account credit, or other features or benefits related to the
Services and/or a Third-Party Provider’s services, subject to any additional
terms that Company establishes on a per promotional code basis (“Promo Codes”). You agree
that Promo Codes:
(i)
must be used for the intended
audience and purpose, and in a lawful manner;
(ii)
may not be duplicated, sold or
transferred in any manner, or made available to the general public (whether
posted to a public form or otherwise), unless expressly permitted by 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 user 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 User
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 (“User Content”). Any User
Content provided by you remains your property. However, by providing User
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 User 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 User Content or you have all rights, licenses, consents
and releases necessary to grant Company the license to the User Content as set
forth above; and
(ii)
neither the User Content nor your
submission, uploading, publishing or otherwise making available of such User
Content nor Company’s use of the User 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 User 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 User 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
A transportation provider charges fees for a trip
cancelled by the User, if such cancellation took place after the vehicle’s
arrival to the place the User 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 User regarding the transportation of the User/Users’ parcel ordered (whichever
comes later) until the User cancelled the trip/service. The User shall cancel a
trip/service by sending a relevant notice to the transportation provider via
the Service. A User 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 User 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 you feel that the Services
were not up to your expectations, you 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 you believe that you were wrongly charged for the service or there was
an error in computing the price, you could also report to our Support team
using the contact details given on our website. Your 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 you, the
Company will proceed to issue the refund immediately and you will be notified.
4. Payments
You understand that you may be charged for using the Services
provided by the party offering it (Whether by the Company or Third-Party). The
payment method could be cash or cashless (electronic). As a
User, you can access the function of
cashless payment by a Linked Bank Card on Mirazh App.
The User 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 User’s convenience, the
interface displays the last 4 digits of the Linked Card number.
After the
use of the Service, the Company will facilitate your payment of the applicable
Charges on its own or Third-Party Provider’s behalf if the payment is
electronic. As such the Company will act as the Third-Party Provider’s limited
payment collection agent. 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. You
retain the right to request lower Charges from the Company or a Third-Party Provider
for services received by you from them at the time you receive the service. The
Company will respond accordingly to any request from a Third-Party Provider to
modify the Charges for a particular service.
All Charges
are due immediately 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 Third-Party Provider’s limited payment
collection agent, use a secondary payment method in your Account,
if available.
As between
you and Company, 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
users with promotional offers and discounts 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. You may choose to cancel your request
for services/trip before the arrival of the vehicle, in which case you may be
charged a cancellation fee.
This
payment structure is intended to fully compensate the Third-Party Provider for
the services or goods provided. Except with respect to taxicab transportation
services requested through the Application, Company does not designate any
portion of your payment as a tip or gratuity to the Third-Party Provider. 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 Third-Party Provider. You understand and agree
that, while you are free to provide additional payment as a gratuity to any Third-Party
Provider who provides you with services or goods obtained through the Service,
you are under no obligation to do so. Gratuities are voluntary. After you have
received services or goods obtained through the Service, you will have the
opportunity to rate your experience and leave additional feedback about your Third-Party
Provider.
4.1 Repair
and Cleaning
In an event
that the vehicle used under your account gets damaged or dirty out of your
negligence or intent, you as the User shall be responsible for the cost of
repair for damage to, or necessary cleaning of the vehicle provided by the
Company or Third-Party Provider. If a Third-Party Provider 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 Third-Party
Provider using your payment method designated in your Account. Such amounts
will be transferred by Company to the applicable 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 YOU AND ANY THIRD-PARTY PROVIDER, 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 THIRD-PARTY TRANSPORTATION PROVIDERS 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 TEN THOUSAND KWACHA (ZMW5,000).
COMPANY’S
SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR
LOGISTICS SERVICES WITH NOT ONLY THE COMPANY BUT THIRD-PARTY PROVIDERS AS WELL,
BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO
ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE
LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR
ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER
APPLICABLE LAW.
5.3 INDEMNITY
YOU 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)
COMPANY’S USE OF YOUR USER CONTENT;
OR
(iv)
YOUR VIOLATION OF THE RIGHTS OF ANY
THIRD PARTY, INCLUDING THIRD-PARTY PROVIDERS.
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 admin@mirazheasyrides.com.
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 User. How ever, the User will be duly
notified of the amendments made. The amended Terms and Conditions will be
publicised at: https://mirazheasyrides.com/terms-and-conditions and
the Terms shall come into effect on the date of their publication, unless
otherwise specified. The User 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