MyCab Terms and Conditions

 

1. Agreement to Terms

 

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and MyCab (“we,” “us” or “our”), concerning your access to and use of the MyCab mobile application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “App”).

 

2. User Representations

 

By using the App, you represent and warrant that you are at least 13 years of age.

 

3. User Registration

 

You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password.

 

4. Use of the App

4.1 License: Subject to your compliance with these Terms and Conditions, MyCab grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial use.

4.2 Prohibited Activities: You agree not to engage in any of the following activities:

1. a) Violating any applicable laws, regulations, or third-party rights while using the App;
2. b) Using the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App;
3. c) Accessing or using the App for any fraudulent, harmful, or illegal purpose;
4. d) Attempting to bypass any security features of the App or gain unauthorized access to any user accounts or computer systems connected to the App;
5. e) Modifying, adapting, translating, or reverse-engineering the App or any portion of it;
6. f) Using any automated means or interfaces to access or interact with the App, such as bots or scrapers, without our prior written consent;
7. g) Using the App to transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
8. h) Collecting or harvesting any personally identifiable information from other users of the App without their consent;
9. i) Engaging in any activity that places an excessive load on the infrastructure of the App or our systems, networks, or servers;
10. j) Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
11. k) Using the App to solicit personal information from minors; or
12. l) Encouraging or facilitating any violations of these Terms and Conditions.

4.3 User Content: The App may allow you to submit, post, display, or transmit content, including text, photos, videos, or other materials (collectively, “User Content”). By providing User Content, you grant MyCab a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the App and MyCab’s business operations. You represent and warrant that you have the necessary rights to grant this license to MyCab and that your User Content complies with all applicable laws and regulations.

5. Payments and Fees

5.1 Fare Calculation: MyCab employs a fare calculation system based on factors such as distance traveled, time spent, and prevailing rates. The final fare, inclusive of any applicable taxes, tolls, or surcharges, will be displayed to you prior to confirming your ride request.

5.2 Payment Methods: You agree to provide valid and accurate payment information when using the App. MyCab may store and process your payment information or use third-party payment processors to facilitate transactions. By using the App, you authorize MyCab to charge the payment method associated with your account for the amounts due for your rides and any additional charges or fees incurred.

5.3 Cancellation Fees: If you cancel a confirmed ride request after a certain time period specified by MyCab, you may be charged a cancellation fee. The applicable cancellation fee will be communicated to you before confirming your cancellation.

5.4 Surge Pricing: During periods of high demand, MyCab may implement surge pricing, which results in increased fares. You will be notified of any surge pricing in effect before confirming your ride request.

6. Intellectual Property

6.1 Ownership: The App, including all content, features, and functionality, is owned by MyCab and its licensors and is protected by copyright, trademark, and other intellectual property laws. You acknowledge and agree that MyCab retains all right, title, and interest in and to the App and its content.

6.2 Restrictions: You shall not:

1. a) Copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the App or any content therein without prior written permission from MyCab;
2. b) Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the App or any content therein;
3. c) Use any data mining, robots, or similar data gathering or extraction methods in connection with the App;
4. d) Use any meta tags or other hidden text utilizing MyCab’s name or trademarks without express written consent;
5. e) Use the App or any content therein for any commercial purposes without prior written authorization from MyCab;
6. f) Create derivative works based on the App or any content therein;
7. g) Use the App or any content therein in a manner that suggests an association with MyCab or its affiliates, without proper authorization.
8. User Conduct

7.1 Compliance: You agree to use the App in compliance with all applicable laws, regulations, and these Terms and Conditions. You shall not use the App in a manner that violates the rights of others, including intellectual property rights or privacy rights.

7.2 Prohibited Conduct: In connection with your use of the App, you agree not to:

1. a) Engage in any harassing, threatening, or abusive behavior towards other users or MyCab’s personnel;
2. b) Interfere with or disrupt the operation of the App or its servers;
3. c) Upload, post, transmit, or otherwise make available any content that is harmful, offensive, unlawful, or violates the rights of others;
4. d) Engage in any fraudulent, deceptive, or misleading activities;
5. e) Misrepresent your identity or affiliation with any person or entity.
6. Termination

8.1 Termination by MyCab: MyCab reserves the right, in its sole discretion, to terminate or suspend your access to the App, without prior notice or liability, for any reason, including if MyCab believes that you have violated these Terms and Conditions.

8.2 Termination by User: You may terminate your use of the App at any time by uninstalling the App and ceasing to use it.

8.3 Effect of Termination: Upon termination, all rights and licenses granted to you under these Terms and Conditions will immediately cease. Any provisions of these Terms and Conditions that, by their nature, should survive termination (including, but not limited to, Sections 4.3, 6, 9, and 10) shall continue to apply.

9. Disclaimer of Warranties

9.1 The App is provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied. MyCab does not warrant that the App will be error-free, uninterrupted, or free of viruses or other harmful components. You acknowledge that your use of the App is at your own discretion and risk.

10. Limitation of Liability

10.1 To the fullest extent permitted by applicable law, MyCab and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for lost profits, lost data, or loss of goodwill, arising from or in connection with your use of the App, even if MyCab has been advised of the possibility of such damages.

10.2 In no event shall MyCab’s total liability to you for all claims arising from or in connection with the App exceed the amount paid by you, if any, for accessing and using the App during the twelve (12) months prior to the claim.

11. Governing Law and Dispute Resolution

11.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Zambia, without regard to its conflict of laws principles.

11.2 Any dispute arising out of or relating to these Terms and Conditions, including its existence, validity, interpretation, performance, or termination, shall be resolved through good faith negotiations between the parties.

11.3 If the parties are unable to resolve the dispute through negotiations within a reasonable period, either party may submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of [Arbitration Institution], by a single arbitrator appointed in accordance with those rules. The arbitration shall be held in Lusaka, Zambia, and the language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties.

12. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and MyCab regarding the subject matter hereof and supersede all prior or contemporaneous understandings and agreements, whether written or oral.

14. Modifications

MyCab reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. The most current version of the Terms and Conditions will be available on the App. Your continued use of the App after any such modifications shall constitute your acceptance of the revised Terms and Conditions.

15. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at [contact email or address].

By using the MyCab mobile application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.