- Contractual Relationship
- The BURAQ Platform
- Use of the BURAQ Platform
- Charges and Payments
- Restricted Activities
- Disclaimers; Limitation of Liability; Indemnity
- Dispute Resolution
- Other Provisions
These terms of service constitute a legally binding agreement (the “Agreement”) between you and your local BURAQ entity.
This Agreement governs your use of the BURAQ application, website, call center and technology platform (collectively, the “BURAQ Platform”). Generally, the right to operate the BURAQ Platform is licensed by BURAQ to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the BURAQ Platform in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE BURAQ PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BURAQ PLATFORM.
Your access and use of the BURAQ Platform constitute your agreement to be bound by this Agreement, which establishes a contractual relationship between you and BURAQ. BURAQ may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the BURAQ Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
BURAQ may amend this Agreement from time to time. Amendments will be effective upon BURAQ’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the BURAQ Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Our collection and use of personal information in connection with the BURAQ Platform is as provided in BURAQ’s Privacy Policy located at https://www.osapps.ae. BURAQ 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 third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
TThe BURAQ Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services, the delivery of documents, e-payment services, and/or logistics services (“Services”) can be matched with persons , including drivers )“Captains”) who can provide the Services. Each User shall create a User account that enables access to the BURAQ Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Captain or other third party provider to a User shall constitute a separate agreement between such persons.
Materials posted on the BURAQ Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the BURAQ Platform, or by anyone who may be informed of any of its contents.
We aim to update the BURAQ Platform regularly and may change the content at any time. If the need arises, we may suspend access to the BURAQ Platform and the Services or close them indefinitely. Any of the material on the BURAQ Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
BURAQ Platform Ownership.
The BURAQ Platform and all rights therein are and shall remain BURAQ’s property. Neither this Agreement nor your use of the BURAQ Platform convey or grant to you any rights: (i) in or related to the BURAQ Platform except for the limited license granted above; or (ii) to use or reference in any manner BURAQ’s company names, logos, product and service names, trademarks or services marks or those of BURAQ’s licensors.
User Accounts.
In order to use most aspects of the BURAQ Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to BURAQ certain personal information, such as your name, address, mobile phone number, gender and age. 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 may result in your inability to access and use the BURAQ Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or BURAQ’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the BURAQ Platform.
Unless otherwise permitted by BURAQ in writing, you may only possess one Account.
User Requirements and Conduct.
The BURAQ Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Captains unless they are accompanied by you or another adult.
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 BURAQ Platform, and you may only use the BURAQ Platform for lawful purposes. You shall not, for the avoidance of doubt, use the BURAQ Platform to transport, facilitate or procure the transport of illegal or banned substances or items. You will not, in your use of the BURAQ Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain or any or any other party. In certain instances, you may be asked to provide proof of identity to access or use the BURAQ Platform, and you agree that you may be denied access to or use of the BURAQ Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the BURAQ Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs.
BURAQ, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with BURAQ. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). BURAQ reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that BURAQ determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
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 BURAQ; (iii) may be disabled by BURAQ at any time for any reason without liability to BURAQ; (iv) may only be used pursuant to the specific terms that BURAQ establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) BURAQ may establish additional terms relating to specific promotions. BURAQ 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 BURAQ 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 this Agreement.
As part of your User account, BURAQ may provide you with or allow you to create a “BURAQ Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captains (“Referred Captains”). BURAQ Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your BURAQ Code. You are prohibited from advertising BURAQ Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. BURAQ reserves the right to deactivate or invalidate any BURAQ Code at any time in BURAQ’s sole discretion.
As part of your User account, BURAQ may provide you with access to a feature in the BURAQ application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“BURAQ Credit”); and/or (iii) transfer BURAQ Credit to or receive BURAQ Credit from other Users, against payment of any applicable BURAQ Fees and subject to any limits on the number of transfers or the amount of BURAQ Credit you can send and/or receive, which Fees and limits may be modified by BURAQ from time to time.
When transferring BURAQ Credit balance to another User, the amount transferred and the applicable BURAQ Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of BURAQ Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, BURAQ is merely enabling the transfer of BURAQ Credit balance and is no way responsible for the actions of the individual Users, including the reason for which BURAQ Credit is transferred by or to you.
You may be entitled to purchase bundles of BURAQ Credit (“BURAQ Bundles”) or you may receive trip discounts ("Trip Discounts") or service discounts (“Service Discounts”) that you can apply toward payment of certain services provided by BURAQ or fees charged by BURAQ in relation to the Services.
BURAQ Bundles, BURAQ Credits, Trip Discounts and Service Discounts are only valid for use on the BURAQ Platform, and are not transferable or redeemable for cash and may only be used for certain Services. BURAQ Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.
Additional restrictions on BURAQ Bundles, BURAQ Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. BURAQ may cancel, or vary the terms, relating to any BURAQ Bundles, BURAQ Credits, Trip Discounts or Service Discounts at any time in its sole discretion.
From time to time, BURAQ may offer you incentives to refer new Users to the BURAQ community (the “Referral Program”). These incentives may come in the form of BURAQ Credits, Trip Discounts and/or Service Discounts, and BURAQ may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
The ability to access mobile top up services is made available to you through the BURAQ Platform and is subject to change and availability. BURAQ is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the BURAQ Platform.
You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the BURAQ Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. BURAQ shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.
The top up mobile recharge cost will change depending on the denominations indicated on the BURAQ Platform. The total cost, number recharged and the relevant mobile operator will be shown on the BURAQ Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the BURAQ Platform.
Loyalty Programme
By becoming a User you are part of the BURAQ Loyalty Program (the “Program”) in those markets where the Program is available. Users will accrue points through using the services provided by BURAQ and may have access to a number of services, ways to support their local community, and benefits (“Rewards”) depending upon a given tier status (and relevant availability in any given market).
Users can earn or maintain tier status based on their usage of such services in any calendar month. Once a User attains a tier level, it will remain in effect for 2 consecutive months. With respect to the expiry of points earned pursuant to the Program, each calendar year consists of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st (each a “Reward Period”) and any points earned in one Reward Period will expire automatically at the end of the following Reward Period.
Rewards are offered at the sole discretion of BURAQ and may be varied from time to time. Rewards and participating partners may differ from market to market and may be added or removed at the sole discretion of BURAQ. You may redeem points in exchange for Rewards or Donations (as applicable) at any time as indicated on the App. Where you redeem points BURAQ shall settle the equivalent or agreed amount (if applicable) with the participating partner and cancel its liability to you for the same. By redeeming Rewards you confirm that you agree to the terms of the Program.
BURAQ has the right to add, change, limit, modify or cancel Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, tier statuses, and Program partners without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.
BURAQ may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards; and (6) change the rules governing the tier statuses, including but not limited to: rules to reach a tier status, duration and expiry rules of the tier status, benefits granted by reaching a given tier status.
BURAQ makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, timeliness, cost, quality, or fitness of services provided through the Program.
If any participating Rewards partner improperly denies a User an accrual or benefit, the liability of BURAQ shall be limited to the equivalent value, in Rewards points, of that accrual or benefit as determined solely by BURAQ.
The Program has no predetermined termination date and may continue until such time as BURAQ decides to terminate the Program, at any time, with or without notice. If the Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, no award claims or tier status benefits shall be honored after the conclusion of any notice period.
BURAQ reserves the right to cancel a User’s access to the Program and revoke any and all unredeemed BURAQ Rewards points collected by any Member who appears to be using the Program in a manner inconsistent with the terms or intent of the Program or any portion thereof. For reasons that include, but are not limited to: 1) violation of these terms and conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of this Program; 4) commission of fraud or abuse involving any portion of this Program; or 5) action, in any other way, to the detriment of the Program or any of its stakeholders; all as may be determined by BURAQ in its sole discretion.
Notwithstanding the foregoing, Program violations, fraud or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by BURAQ including, without limitation, the forfeiture of all point transfers, rewards, tier status or award issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account.
The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.
Separate terms and conditions may apply to your reservation, purchase of goods and services, or rewards that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier's rules and restrictions may result in your being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.
Community Support
As part of BURAQ’s support to our communities and the Captains operating on our Platform BURAQ may make new features available which allow you to direct BURAQ to support our communities in various ways. These features may be changed and updated from time to time; may not be available in all areas or markets; and those that are available at any given time may be subject to change and/or removal. BURAQ reserves the right to cancel, suspend or modify these features at any time without notice, for any reason in its sole discretion, and without a liability.
Communications
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Communications from BURAQ, its affiliated companies and/or Captains, may include but are not limited to: operational communications concerning your User account or use of the BURAQ Platform or Services, updates concerning new and existing features on the BURAQ Platform, communications concerning promotions run by us, and news concerning BURAQ and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact us at [email protected] and/or review the Privacy Policy for further information.
As a User, you agree to pay any amounts charged by BURAQ (the “BURAQ Fee”) (if applicable in your jurisdiction) and amounts charged by Captains for providing Services to you (“Charges”).
After you have received Services from a Captain, BURAQ: (i) may facilitate your payment of the applicable Charges on behalf of the Captain as such Captain’s limited payment collection agent and (ii) may collect any applicable BURAQ Fee directly from you or, in the case of a cash payment, from the relevant Captain. Payment of the Charges and BURAQ Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captain or to BURAQ, as applicable. Charges and BURAQ Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and BURAQ Fees paid by you are final and non-refundable, unless otherwise determined by BURAQ.
All Charges and BURAQ Fees are due immediately and payment will be facilitated by BURAQ using the preferred payment method designated in your Account, after which BURAQ or a Captain, as applicable, 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 BURAQ may, on its own behalf, and as the Captain’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and BURAQ, BURAQ reserves the right to establish, remove and/or revise BURAQ Fees at any time in BURAQ’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and BURAQ Fees applicable in certain geographical areas may increase substantially during times of high demand. BURAQ will use reasonable efforts to inform you of Charges and BURAQ Fees that may apply, provided that you will be responsible for Charges and BURAQ Fees incurred under your Account regardless of your awareness of such Charges or BURAQ Fees, as applicable, or the amounts thereof.
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of, Captain vehicles and property resulting from use of the BURAQ Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captain reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by BURAQ in BURAQ’s reasonable discretion, BURAQ reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Captain using any of your payment methods. Such amounts will be transferred by BURAQ to the applicable Captain and are non-refundable.
With respect to your use of the BURAQ Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the BURAQ Platform or the servers or networks connected to the BURAQ Platform (v) post information or interact on the BURAQ Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the BURAQ Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the BURAQ Platform (x) “frame” or “mirror” any part of the BURAQ Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the BURAQ Platform or any software used on or for the BURAQ Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the BURAQ Platform or access to any portion of the BURAQ Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the BURAQ Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Captain shall be permitted to refuse to provide you Services or, if such Services have commenced, a Captain shall be permitted to refuse to continue to provide you Services.
DISCLAIMER
THE BURAQ PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BURAQ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BURAQ MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE BURAQ PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE BURAQ PLATFORM, OR THAT THE BURAQ PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. BURAQ AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE BURAQ PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left a vehicle.
By using the BURAQ Platform and participating in the Services, you agree to accept such risks and agree that BURAQ is not responsible for the acts or omissions of Users and Captains.
You acknowledge that BURAQ may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that BURAQ is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
BURAQ expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the BURAQ Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither BURAQ, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the BURAQ Platform. Any of your information, including geolocational data, you upload, provide, or post on the BURAQ Platform may be accessible to BURAQ and relevant Captains.
LIMITATION OF LIABILITY.
BURAQ 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 BURAQ PLATFORM OR SERVICES, EVEN IF BURAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BURAQ AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE BURAQ PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE BURAQ PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF BURAQ OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BURAQ AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS 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 BURAQ’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE BURAQ PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE BURAQ PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINS BUT YOU AGREE THAT BURAQ, ITS AFFILIATES AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 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 BURAQ, its Affiliates, and other partners and their 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 BURAQ Platform and the Services or services or goods obtained through your use of the BURAQ Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.
If any dispute related to this document it shall be referred and solved by the Courts of Sharjah as per the United Arab Emirates Law.
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to BURAQ at [email protected]
Notice
BURAQ may give notice by means of a general notice on the BURAQ Platform, 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 BURAQ by written communication to BURAQ's email address at [email protected]
General
You may not assign or transfer your rights under this Agreement in whole or in part without BURAQ’s prior written approval. You give your approval to BURAQ for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of BURAQ’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, BURAQ or any Captain as a result of the contract between you and BURAQ or use of the BURAQ Platform.
If any provision of this Agreement 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 this Agreement but the legality, validity and enforceability of the other provisions in this Agreement 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 this Agreement. This Agreement constitutes 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.