Last modified: 11/1/2022
UBER TECHNOLOGIES EGYPT LLC
Terms and Conditions for High Capacity Vehicles Services
Last updated: November 2022
As of 2nd of January 2020, Careem is a wholly-owned affiliate of Uber
1. Contractual Relationship
These Terms of Use ("Terms") govern the access, receipt, or use by you, an individual, from Egypt (the “Territory”) of technologically-innovative land transportation services on high capacity vehicles (each, an “HCV”) or other types of vehicles transporting more than one passenger in a shared manner (the "HCV Services"). The HCV Services are provided by Uber Technologies Egypt LLC, a limited liability company incorporated under Egyptian law in Cairo, Egypt, registered in Cairo with the Investment Commercial Register under number 131026 ("Uber").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE HCV SERVICES.
Your access and use of the HCV Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Uber. If you do not agree to these Terms, you may not access or use the HCV Services. These Terms expressly supersede prior agreements or arrangements with you in relation to HCV Services. Subject to applicable law, Uber may immediately terminate these Terms or any HCV Services with respect to you, or generally, cease offering or deny access to the HCV Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain HCV Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable HCV Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable HCV Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable HCV Services.
Uber may amend the Terms related to the HCV Services from time to time. Amendments will be effective upon Uber's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable HCV Service. Your continued access or use of the HCV Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the HCV Services is as provided in Uber's Privacy Policy located at https://www.uber.com/global/en/privacy/notice/. You hereby confirm having read and accepted Uber's Privacy Policy and you hereby expressly accept that Uber may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Fleet Partner or any other party, and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The HCV Services
The HCV Services are land transportation services provided by Uber to businesses and individual passengers who book such transportation services on Uber’s mobile applications or websites (each, an "Application").
In providing the HCV Services to you, Uber relies on third party providers who source vehicles and drivers in order for Uber to fulfill the HCV Services that are being offered to you (each a “Fleet Partner”). You acknowledge that Uber does not use its own vehicles for the provision of the HCV Services. You also acknowledge that the Fleet Partner engages the drivers of the HCV (“HCV Drivers”) as either independent contractors or employees of the Fleet Partner - the HCV Drivers are not Uber employees.
License. Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the HCV Services; and (ii) access and use any content, information and related materials that may be made available through the HCV Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Uber and Uber's licensors.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the HCV Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the HCV Services except as expressly permitted by Uber; (iii) decompile, reverse engineer or disassemble the HCV Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the HCV Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the HCV Services or unduly burdening or hindering the operation and/or functionality of any aspect of the HCV Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the HCV Services or its related systems or networks.
Provision of the HCV Services. You acknowledge that portions of the HCV Services may be made available under Uber's various brands or request options associated with transportation or logistics, including but not limited to the transportation request brands currently referred to as "Uber," and “Uber Shuttle”. You also acknowledge that the HCV Services may be made available through other brands or request options as well as by certain of Uber’s subsidiaries and affiliates or independent third party providers.
Third-Party Services and Content. The HCV Services may be made available or accessed in connection with third-party services and content (including advertising) that Uber does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Uber does not endorse such third-party services and content and in no event shall Uber be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the HCV Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the HCV Services in any manner. Your access to the HCV Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.
Ownership. The HCV Services and all rights therein are and shall remain Uber's property or the property of Uber's licensors. Neither these Terms nor your use of the HCV Services convey or grant to you any rights: (i) in or related to the HCV Services except for the limited license granted above; or (ii) to use or reference in any manner Uber's company names, logos, product and service names, trademarks or services marks or those of Uber's licensors.
3. Your Use of the HCV Services
User Accounts. In order to use most aspects of the HCV Services, you must register for and maintain an active personal user account which you can use to access HCV Services and/or other services provided by Uber ("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 Uber certain personal information, such as your name, address, mobile phone number and age, as well as a valid payment method such as a credit card (if you have one), or accepted payment partner if available. 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 HCV Services or Uber's termination of these Terms. You are solely responsible for all activity that occurs under your Account, including the use of your Account by any other individuals, including minors, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Uber in writing, you may only possess one Account.
User Requirements and Conduct. The HCV Services are 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 HCV Services from Uber unless they are accompanied by you and provided that you obtain verifiable parental consent, or its equivalent under applicable law, prior to authorizing and accompanying minors on HCVs for the receipt of HCV Services. 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 HCV Services, and you may only use the HCV Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the HCV Services, cause nuisance, annoyance, inconvenience, or property damage, whether to, the Fleet Partner, or any other party. In certain instances, you may be asked to provide proof of identity to access or use the HCV Services, and you agree that you may be denied access to or use of the HCV Services if you refuse to provide proof of identity.
Text Messaging. By creating an Account, you agree that Uber may send you text (SMS) messages in relation to the HCV Services as part of the normal business operation of your use of the HCV Services. You may opt-out of receiving text (SMS) messages from Uber at any time by following the directions found at htttp://t.uber.com/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the HCV Services.
Promotional Codes. Uber may, in Uber's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the HCV Services, subject to any additional terms that Uber 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 Uber; (iii) may be disabled by Uber at any time for any reason without liability to Uber; (iv) may only be used pursuant to the specific terms that Uber establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Uber 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 Uber 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.
User Provided Content. Uber may, in Uber's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Uber through the HCV Services textual, audio, and/or visual content and information, including commentary and feedback related to the HCV 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 Uber, you grant Uber 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 HCV Services and Uber'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 Uber 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 Uber'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, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Uber's sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices. You are responsible for obtaining the data network access necessary to use the HCV Services. Your mobile network's data and messaging rates and fees may apply if you access or use the HCV 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 HCV Services and Applications and any updates thereto. Uber does not guarantee that the HCV Services, or any portion thereof, will function on any particular hardware or devices. In addition, the HCV Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payment
You understand that use of the HCV Services may result in charges to you for the services you receive from Uber through Fleet Partners ("Charges"). Uber will provide you with an invoice setting forth the aggregate Charges for the preceding trip, any applicable taxes and any amounts that shall be paid by you for the use of any services on the Uber App other than the Charges (“Charges Invoice”). Charges will be inclusive of applicable taxes where required by law. Without prejudice to applicable laws and regulations, Charges paid by you are final and non-refundable, unless otherwise determined by Uber.
All Charges are due immediately and payment will be paid by you by paying in cash to the HCV Driver at the beginning of the trip (if permitted by Uber) or using the preferred payment method designated in your Account (if you have provided one) (including, for example, Uber Shuttle Packages), after which Uber or its collection agent contracted for that purpose 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 Uber or its collection agent contracted for that purpose may use a secondary payment method in your Account, if available.
Where you will be paying using an Uber Shuttle Package please see the applicable terms and conditions here.
As between you and Uber, and without prejudice to applicable laws and regulations, Uber reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the HCV Services at any time in Uber's sole discretion. Uber 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. Uber 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 obtained through the use of the HCV 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 HCV Services or the Charges applied to you.
You may elect to cancel your request for HCV Services prior to your trip, in which case you may be charged a cancellation fee.
Repair or Cleaning Fees. You hereby expressly agree that you shall be responsible for the cost of repair for damage to, or necessary cleaning of, Fleet Partners’ vehicles and property resulting from use of the HCV Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Fleet Partner reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Uber in Uber's reasonable discretion, Uber reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Fleet Partner, using your payment method designated in your Account. Such amounts will be transferred by Uber to the applicable Fleet Partner and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." UBER 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, UBER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY. UBER SHALL NOT BE LIABLE FOR LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, LOST DATA, DELAYS, NON-PHYSICAL INJURIES, OR PROPERTY DAMAGE INCLUDING FOR PROPERTY IN YOUR POSSESSION RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE HCV SERVICES, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE HCV SERVICES OR YOUR INABILITY TO ACCESS OR USE THE HCV SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY FLEET PARTNER OR OTHER PARTY, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND UBER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT IT IS THE ULTIMATE RESPONSIBILITY OF FLEET PARTNERS AND HCV DRIVERS TO BE PROFESSIONALLY LICENSED OR PERMITTED IN THE TERRITORY.
TO THE GREATEST PERMISSIBLE EXTENT UNDER APPLICABLE LAW UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE ACTIONS OF FLEET PARTNERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS . THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity. You agree to indemnify and hold Uber 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 HCV Services; (ii) your breach or violation of any of these Terms; (iii) Uber's use of your User Content; (iv) your violation of the rights of any third party, including Fleet Partners and/or the HCV Drivers, or (v) the use of your Account to authorize minors to receive transportation services from Uber.
6. Governing Law; Arbitration.
Governing law of Terms. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Arab Republic of Egypt. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
Arbitration Agreement. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the HCV Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings under the Cairo Regional Center of International Commercial Arbitration (CRCICA) Rules (the “CRCICA Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such CRCICA Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the CRCICA. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the CRCICA Rules. The place of both mediation and arbitration shall be Cairo, Egypt. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the CRCICA, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other Provisions
Claims of Copyright Infringement. Claims of copyright infringement should be sent to Uber's designated agent. Please visit Uber's web page at https://www.uber.com/legal/ for the designated address and additional information.
Notice. Uber may give notice by means of a general notice on the HCV Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Uber by written communication to Uber's address at 28 Al Falaki Street, Jamil Building, Tahrir, Cairo.
General. You may not assign or transfer these Terms in whole or in part without Uber's prior written approval. You give your approval to Uber for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber's equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Uber, any Fleet Partner or its HCV Drivers, as a result of the contract between you and Uber or use of the HCV 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."
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