MOOVET TERMS AND CONDITIONS

These Terms and Conditions (“T&C”) provide the terms and conditions Xclusiva DMCC (d/b/a “Moovet”) (“Moovet”, “Us” or “We”) requires you to abide by in order to use or receive any service provided by Moovet (collectively, “Services”), or to download, install or use any Moovet software/mobile application/web portal access that is provided to enable you to use the Services (collectively, “Applications”). The terms and conditions laid out in this document constitute a legal agreement between you and Moovet. By using or receiving any Services, or downloading, installing or using any Applications, you hereby expressly acknowledge and agree to be bound by the terms and conditions contained herein, and any future amendments and additions to these terms and conditions as published at http://www.Moovet.co or through our Services. Upon using or receiving our Services or Applications, you become a “User” of Moovet’s Services and Applications, whether as a “Customer” or “Moovee” as henceforth referred to.

Moovet reserves the right to amend the terms and conditions of these “T&C at any time, effective upon posting of an updated version on our website http://www.Moovet.co, the Services or Applications. It is the responsibility of our Users to regularly review these places for updates to the T&C. Continued use of our Services or Applications shall constitute your consent to any modifications made to these T&C.

In addition to these T&C, both Customers and Moovees must agree to and abide by, respectively, the Moovet User Agreement and the Moovet Moovee Agreement, both incorporated into this document and can be found at the end of these T&C.

MOOVET IS A TECHNOLOGY PLATFORM THAT PROVIDES A SERVICE TO FACILITATE THE COMMUNICATION AND SCHEDULING BETWEEN USERS OF THE SERVICE WHO ARE IN NEED OF TRANSPORTING AN ITEM AND INDEPENDENT THIRD PARTY PROVIDERS, WHO ARE NOT EMPLOYED BY MOOVET, BUT ARE READY TO PERFORM SAID TRANSPORTS (“SERVICE”).

1.     Definitions

Capitalized words in these T&C shall have the meaning set out below:

·         Applicable Laws shall mean all laws and regulations applicable in the territory where the Services are being used by Users.

·         Application and Applications shall mean the mobile and web applications with which the Services are facilitated.

·         Collect-on-delivery (“COD”) shall mean collecting money from the Customer on delivery by the Moovee for the benefit of a Sender as a price for the item delivered.

·         Customer shall mean Users who are requesting a Moov to be made as well as paying for the same. The Customer may be the Sender or the Receiver.

·         Force Majeure shall mean Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster; war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; voluntary or mandatory compliance with any law (including a failure to grant any license or consent needed or any change in the law or interpretation of the law); fire, explosion or accidental damage; extreme adverse weather conditions; collapse of building structures, failure of plant machinery, machinery, computers or vehicles; interruption or failure of utility service, including but not limited to electric power, gas or water.

·         Item shall mean an item transported under a Moov by a Moovee upon request of a Customer using the Service.

·         Moov shall mean the act of collecting or buying, carrying and delivering an Item as requested by a Customer.

·         Moovees shall mean Users, whether individuals or legal entities, who contract with a Customer to perform the transport of an Item from and to agreed locations, by the agreed means of transport and at the agreed upon time(s).

·         Moovet’s Liability Cap shall mean Moovet’s liability under Moovet’s Insurance Plan for any loss of or damage to an Item incurred during a Moov solely and directly as a result of a Moovee’s gross negligence or untoward act; provided such liability does not exceed the declared value of the Item or an amount equal to USD 100 per Moov, whichever shall be the least.

·         Parties shall mean the User, Moovee and/or Moovet.

·         Receiver shall mean Users who are receiving an Item under a Moov.

·         Sender shall mean Users who are sending an Item.

·         Usage Rules shall mean the recommended rules between Users.

·         Users shall mean all users of the Services, including Customers, Moovees, Senders, Receivers and other third-party providers, whether individuals or legal entities.

·         Website shall mean the website on which the Services are provided.

2.     The Services

The Services constitute a technology platform that allows Users of Moovet in need of a Moov to communicate, schedule and request performing of a Moov by an independent third-party Moovee. Users can be both Customers and Moovees.

Customers of Moovet’s Services and Applications make their contracts directly with the Moovees. Moovet is not and will not be a party to contracts between Users.

3.     Communications

As a User of the Service you agree to receive communications from Moovet. This communication is related to you being a User of Moovet’s Services and may happen through email, phone, sms, push messages or post. The content of this communication may be service messages, status messages related to Moovs, matching messages related to Moovs and newsletters from Moovet. You may unsubscribe from the newsletter at any time of your choosing as well as edit your notification settings. Certain messages, however, critical to the system cannot be disabled.

All of our Users are automatically opted-in to receive SMS messaging when signing up for our Services and Applications and must agree to receive SMS messages in order to use the Services and the Applications. A User can request, accept and cancel Moovs via Email, Call, Message or Chat on the Moovet Applications and receive notifications regarding a Moov, as determined by Moovet.

4.     Registration

Users may be a natural or legal person. In order to access the Service, all Users may be required to register a profile. Any Moovee, whether a natural or a legal person, must go through due process in order to qualify as a Moovee and gain the required access to the suitable Moovet’s applications. Moovet provides the Usage Rules containing recommended terms and conditions between the Customer and the Moovee.

5.     Registration and information

When registering as a User, we may ask you for, inter alia, the following information:

·         Name;

·         Mobile number;

·         Address;

·         Credit Card information;

·         Facebook profile information;

·         Email information;

·         Picture of the User;

·         Other information about the User that may contribute to the verification process.

Said information is used to establish contact between Users and between Users and Moovet, to manage the Service and to take reasonable measures to verify the identity of Users. Moovet is not responsible for ensuring the accuracy or truthfulness of Users’ stated identities, the validity of the information which is entered on Moovet’s Applications or Website nor does it make any kind of warranty in that respect, express or implied.

In order to provide the appropriate Service, Users may be asked to provide additional information upon requesting a Moov.

6.     Registration and Warranties upon Registration

To be able to use Moovet’s Services, Users may be required to register an account prior to requesting any Service.

All Users hereby warrant and represent that the data they will provide for the registration of their account is true, accurate and complete. Users shall report to Moovet any changes in the registration data without undue delay.

7.     Usage rules

The following Usage Rules shall apply for the Services:

·         Users shall provide only accurate, true and non-misleading statements in their User profile. It is Users’ responsibility to keep their profile information accurate and updated;

·         Users shall comply with all applicable legislation and shall respect all third-party rights;

·         Users shall contact Moovet and report any activities of any other User which they become aware of and which violate applicable laws and/or any of the terms and conditions of these T&C;

·         The Sender is responsible for the accurate description of the Item to be transported using the Service. Where the Sender inaccurately describes the Items. There may be legal implications in the event Sender misrepresent the Item to be transported;

·         Users are solely and directly responsible for customs, legal and/or financial issues related to the transported Items, including but not limited to issues arising out of cross border transports, if and when applicable;

·         Users shall communicate to Moovet any unauthorized use of their authentication credentials and/or violation of their confidentiality promptly upon becoming aware thereof.

All Customers are prohibited from including in any Moov and no Moovee may knowingly accept any Moov containing any “Moovet Prohibited Items” listed below regardless whether or not such Item has been consented to by a Moovee.

Additionally, Moovet reserves the right to object to any Item that may be transported using the Service, if Moovet is aware of what is to be transported and has reasonable grounds for objecting.

Should you have any concern with regards to which Items may be transported using the Service, please contact us at support@Moovet.co

8.     Moovet Prohibited Items

All Customers are prohibited from including in any Moov, and all Moovees are prohibited from knowingly accepting, picking up, carrying or delivering any Moov containing the following prohibited items:

·         Firearms or weapons of any kind, any firearm or weapons parts, or ammunition in any amount;

·         Any alcoholic product, including but not limited to: wine, beer or liquor;

·         Anything illegal in accordance with Applicable Laws, including, without limitation, drugs.

·         People as well as remains or components thereof;

·         Live animals, remains or components thereof;

·         Any hazardous or dangerous material;

·         Any hazardous waste;

·         Any coins, currency, negotiable instruments, or money orders;

·         Common fireworks;

·         Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof;

·         Packages that are wet, leaking or emit an odor of any kind;

·         Waste or garbage for disposal.

It is every Moovee’s and Customer’s duty and obligation to know all Items contained in a Moov and to know and comply with all Applicable Laws relating to the pickup and drop-off locations of any Moov, including without limitation, those laws prohibiting the transportation or shipment of certain goods, restricting the amounts of certain items that can be shipped and age restrictions. Moovet shall not be held liable for any loss or damage whatsoever arising out of or in connection with the breach by Customers and/or Moovees of these T&C or any violation by Customers and/or Moovees of any Applicable Laws during the execution of, or with respect to any Items contained in a Moov, or otherwise.

9.     Moovet’s obligations – Availability

The Service is provided “as is” and Moov availability may vary according to the interplay of the number of Moovees and Customers, maintenance, security, capacity requirements and force majeure events, and may result in temporary Service interruption. Moovet disclaims all liability for delays, damages or losses caused by any such kind of interruption.

10.  No warranties or representations, disclaimer

Users are welcome to send and receive Items without packaging, but Moovet is not liable for loss or damage to any Moov containing Items not properly packaged to withstand transport and to ensure the safety and integrity of the Item and in compliance with Applicable Laws.

11.  Moovet Insurance Plan

Moovet wants you to feel confident that your transported Items are in good hands.

The “Moovet Insurance Plan” will reimburse the Customer for loss of or damage to the Item incurred during a Moov and arising solely and directly from a Moovee’s gross negligence or an untoward act, up to Moovet’s Liability Cap.

In no event shall Moovet have any liability to the Users or to any third party for any special, indirect, exemplary, punitive or consequential loss or damage (including damages or claims in the nature of lost revenue, income, profits or investment opportunities).

12.  Terms and Conditions for the Moovet Insurance Plan

·         The Moovet Insurance Plan is available to all Customers subject to their entering a value of the Moov upon requesting one. The Moovet Insurance Plan provide the Customer, under Moovet’s item insurance, with an indemnification right for any loss of or damage to a transported Item subject to the provisions of these T&C. The item insurance is limited to indemnification for loss of or damage to Items transported using the Service and does not extend to insure any individual including a Customer or a Moovee.

The Moovet Liability Cap represents Moovet’s maximum obligation to you for loss and/or damage to all Items collectively contained in a Moov. Moovet will reimburse you for loss and/or damage for a value that does not exceed the declared value of the Item or an amount equal to USD 100 per Moov, whichever shall be the least.

 

13.  Proof of Value

In the event of any loss or damage to an Item in a Moov due to the Moovee’s gross negligence or untoward act, a Customer will be required to prove the value of the Item subject of the claim. Moovet will not pay a claim, without reasonable proof of the Item’s replacement value or documentation that verifies the repair cost of the Item. When submitting a claim, the Customer is required to provide all packaging, if any, used in the packing of the Item subject of the claim. In addition to the above and in case of unexplained loss or other mysterious disappearance of an Item, the Customer must, when submitting his or her claim, provide an accurate police report with respect to the lost Item.

Moovet may suspend or deactivate the account of a Moovee who is the subject of 2 or more claims under Moovet’s Insurance Plan.

Moovet is Not Responsible for Performance of its Moovees or its Customers

Our Services and Applications facilitate connections between our Users to contract Moovs; however, Moovet shall not in no event be responsible for the performance or non-performance, actions or inactions, gross negligence or untoward act, error or misconduct of any User, whether identified through our Service, our Application, in public, private or offline interactions, or otherwise. You acknowledge and agree that Moovet does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, or timeliness of any User, the failure of any User to provide the requested services, or for any other aspect whatsoever of a Moov. Moreover, Moovet does not have control over, and has no liability or responsibility for the integrity, responsibility or any of the actions or omissions whatsoever of any Users. You acknowledge and agree that Moovet does not have control over, and shall not be liable for any damage to an Item incurred during a Moov other than in accordance with Moovet’s Insurance Plan.

Neither Moovet nor its affiliates, subsidiaries, licensors and its and their officers, directors, employees, and agents are responsible for the conduct, whether online or offline, of any User of the Services or the Applications and neither Moovet nor its affiliates, subsidiaries, licensors and its and their officers, directors, employees, and agents are liable for any loss, claim, injury or damage arising in connection with the User’s use of the Services or the Applications other than under the Moovet Insurance Plan and subject to its terms and conditions. In using the Service or the Application you thereby release Moovet, its affiliates, subsidiaries, licensors and its and their officers, directors, employees, and agents from any liability related to any User arising out of or in connection with the Services, the Applications or the actions or inactions, gross negligence or untoward act and misconduct of a User.

14.  Cancelations and No-Shows

Cancelation by Customers

In case a Customer needs or wants to cancel a Moov, he/she should cancel the request as soon as possible. This notifies and frees the Moovee up to accept Moov requests from other Customers.

Currently, there are no cancellation charges for either the Customer or the Moovee; however, we may elect to impose cancellation fees in the future, or we may require reviewing the Customer or the Moovee rating if they have a high ratio of cancellations as determine by us.


A Customer if require to cancel a Moov where they may desire or due to a Moovee’s No-Show or cancelation by contacting email: support@moovet.co

If a Customer has three consecutive Cancelations or No-Shows, then Moovet may suspend or deactivate the Customer’s account, in its sole discretion.

Cancelation by Moovees

In the case that a Moovee needs or wants to cancel a Moov, Moovee must cancel the Moov as soon as possible. This notifies the Customer and allows him/her to request that his/her Moov be executed by another Moovee.

If a Moovee has two consecutive Cancelations or No-Shows, then Moovet may suspend or deactivate the Moovee’s account, in its sole discretion.

Moovet may, at its sole discretion, reactive any Moovee’s or Customer’s account previously suspended or deactivated by Moovet.

Moovet, in its sole discretion, may place a hold on a Moovee’s Moov Compensation, i.e., the monetary compensation allocated to a Moovee in exchange for performing a Moov or, or on a Customer’s account if Moovet has any suspicion or reason to believe that a Moovee or a Customer has breached these T&Cs, including, without limitation by (1) sending or accepting any of Moovet’s Prohibited Items; (2) establishing an account with Moovet or entering into a Moov with the purpose of defrauding Moovet or any other party; (3) using a stolen credit card or any other false information to establish an account with Moovet or pay for a Moov; or (4) otherwise engaging in a questionable or fraudulent activity using the Moovet Services or Applications.

15.  Billing and Payment

Customers are responsible for paying the invoice for each Moov contracted (the “Invoice”), which will include the pricing terms of the Moov as agreed with and provided by a Moovee, any out of pocket expenses agreed with and submitted by a Moovee in connection with the Moov, any Cancelation or No- Show fee, and the fee Moovet assesses for use of its Services and Applications (combined, the “Moov Payment”). Any fees that Moovet may charge a Moovee or Customer for their use of the Services or Applications.

Moovet may make promotional offers with varying benefits or rates at its sole discretion to any of the Users.

Moovet may accept payment in Cash or by debit and credit cards in AED for its products and services. The cardholder must retain a copy of transaction records and Moovet’s policies and T&Cs. Customers will receive confirmation of payment either via email, or SMS, as per stated preferences. Payment confirmation will reach customer within 24 hours of using the service.

16.  Refund Policy

We refund all credit card charges that are related to potential technical errors in the Moovet system. A refund request that is not related to a technical error in the Moovet system may only take the form of a credit note. A person requesting refunds should email us at support@Moovet.co, stating the problem and the relevant Moov tracking number. In your claim, please include explanation of reasons for a refund and your order information. All enquires are free of charge.

Refunds are issued at the discretion of Moovet’s management within a 30-day period after date of order. All refunds will be done only through the original mode of payment.

 

17.  Cash Management and Collect on Delivery

If applicable, in the event items being delivered by the Moovee to the Customer have been purchased through Collect-on-delivery (“COD”), then the payment shall be collected by Moovet, in its role as a limited collection agent, once delivered. For the avoidance of doubt, any funds collected by Moovet (or a Moovee, as the case may be) that are collected in connection with a Sender Contract are done so by Moovet as a limited payment collection agent (including without limitation any funds collected by credit, cheque, cash, or other non-cash proceeds).

All payments by Moovet to the Sender for COD purchases shall be made gross of currency exchange fees, bank transfer fees, delivery charges, and similar costs.

Any issues related to cash collection caused by the Customer, such as payment by counterfeit bills or refusal to pay at the time of delivery, shall be the responsibility of the Sender with its Customer. In the event counterfeit bills are collected by Moovet, Moovet shall not be liable for such action, and the Sender’s only recourse shall be vis-à-vis the Customer and the relevant government authorities. The Sender further understand and agrees that the Sender shall remain responsible for fees related to Moovet’s Services even in the case of attempted payment by the Customer for items using counterfeit bills.

Unless otherwise agreed in writing, the maximum COD amount (the “Maximum COD Amount” that can be collected by Moovet per Moov shall be US$1,360 (or the equivalent in local currency in the Territory). The foregoing notwithstanding, nothing shall prevent Moovet from agreeing to make a specific, ad hoc delivery, in accordance with this Agreement, on a COD basis that exceeds the Maximum

COD Amount provided an authorized representative of Moovet has agreed to such a delivery in writing beforehand. Moovet shall not be responsible in any way should the Sender fail to seek and receive such written approval for deliveries that exceed the Maximum COD Amount.

 

18.  User Representations, Warranties and Agreements

By using the Services and the Applications, you expressly represent and warrant that you are legally entitled and have all the rights, authority and capacity to enter into the agreements set forth in these T&Cs and to fully comply with its and their provisions. You agree that your participation in using the Services and/or Applications is for your sole use. You may not authorize other persons to use your Moovet account, and you may not assign or otherwise transfer your User account to any other person or entity. You agree to comply with all Applicable Laws from your home country and those of the country and city in which you are present while using the Services or Applications.

You represent and warrant that you are of the required legal age if you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements due to age. If you are not of the required age as per Applicable Law, you may not use the Services or Applications. Without limiting the foregoing, the Services and Applications are not available to persons under the age of 18, unless having written approval from the legal guardian of persons aged between 15 and 18. By using the Services and Applications, you represent and warrant that you are at least 18 years old, or that you are at least 15 years old and have written approval from your legal guardian.

You may only access the Services using the Applications or other specifically authorized means. It is your responsibility to check to ensure you download the correct Application for your mobile, tablet, or similar device. Moovet is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application for your Device. Moovet reserves the right to terminate your use of the Services or the Applications if you do so with an incompatible or unauthorized device.

By using Moovet’s Services or Applications, you agree that:

·         You will only use the Services and Applications for your own use and not for the use of a third party;

·         You will only create one User account;

·         You will keep secure and confidential your User account password or any identification we provide you with which grants you access to our Applications and/or Services;

·         You will provide proof of identity we reasonably request, and you will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or not) with any person or entity;

·         You will not represent yourself to be an agent, representative, employee or affiliate of Moovet;

·         You will only use the Services and/or the Applications in accordance with Applicable Laws;

·         You will not use the Applications or Services for transporting illegal or prohibited items;

·         You will not intimidate, threaten or otherwise cause distress to any third party, including other Users;

·         You will not in any way copy or reproduce or distribute any material provided by Moovet, including the Applications, Services, texts, graphics, images, music, software, audio, videos (collectively “Content”) without the express written consent of Moovet;

·         You will act responsibly, exercise good judgment and take good care when using the Services or the Applications, and when interacting with other Users;

·         You will not store or collect any information pertaining to another User other than as permitted through these T&C;

·         You will not assist any third party in breaching any of the above.

 

19.  Suspension and Termination of Account and Services

WITHOUT LIMITING ANY OTHER REMEDIES, MOOVET MAY, WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE YOUR ACCOUNT OR DENY ACCESS TO MOOVET’S SERVICES, APPLICATIONS OR ANY PORTION THEREOF, OR WITHHOLD ANY MOOV PAYMENT, IF YOU ARE, OR MOOVET SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS AND CONDITIONS, ANY APPLICABLE LAWS, ANY OF OUR RULES OF THE ROAD OR IN THE EVENT OF ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, APPLICATIONS OR ANY PORTION THEREOF. YOU CAN LOSE YOUR USER NAME AND ACCOUNT DETAILS AS A RESULT OF ACCOUNT TERMINATION OR LIMITATIONS, AS WELL AS ANY BENEFITS, PRIVILEGES ASSOCIATED WITH YOUR USE OF THE SERVICES, APPLICATIONS OR ANY PORTION THEREOF, AND MOOVET IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR DAMAGES.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD MOOV PAYMENTS, LIMIT, SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT YOUR ACCESS TO OUR WEBSITE, AND ITS CONTENT (INCLUDING YOUR OWN INFORMATION), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR SERVICES, APPLICATIONS OR ANY PORTION THEREOF IF WE BELIEVE THAT SUCH USER IS CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF MOOVET OR ANY THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS AND CONDITIONS. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE THE ACCOUNTS OF ANY USER WHO MAY BE A REPEAT INFRINGER OF ANY PROVISIONS OF THESE TERMS AND CONDITIONS. MOOVET RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR A CONSECUTIVE PERIOD OF 180 DAYS.

20.  Disclaimer and Limitations of Moovet’s Liability

No Warranties.

Moovet disclaims any liability that may arise between Users of the Applications or the Services. The use of our Applications and/or Services is entirely at User’s own risk.

Without limiting the foregoing, neither Moovet nor its affiliates or licensors warrant or guarantee:

·         that access to the Services and/or Applications will be uninterrupted, error-free, secure;

·         the results arising from the use of the Services and/or Applications;

·         the timeliness, accuracy or reliability of any User;

·         the completeness or content of any Moov;

·         that the Services and/or Applications are free from viruses, Trojan horses, or other potentially harmful components;

·         that any personal information supplied by a User will not be misappropriated, intercepted, deleted, destroyed or used by others.

Force Majeure

Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from Force Majeure.

No Liabilities

By using the Applications and/or the Services you acknowledge and expressly agree to Moovet’s limitation of liability as set forth in these T&C.

Notices

All notices, requests, demands, and other communications provided by a User under this Agreement shall be made in writing and shall be deemed to have been given or made on the date of delivery, in the case of hand delivery, or upon receipt if transmitted by reputable post or courier, by electronic mail, or any other means recognized by applicable law, addressed (in any case) as follows:

Xclusiva DMCC

2707 DMCC Business Center

Jewellery & Gemplex 3, Level 1

P.O. Box 340505

Jumeirah Lakes Towers,

Dubai, United Arab Emirates

21.  Applicable Law

The laws of the United Arab Emirates shall govern the use of the Application and Service and these T&C, without to conflict of laws principals. All disputes arising in connection therewith shall be heard only be a court of competent jurisdiction in the United Arab Emirates.

The User understands and agrees that in the event any item becomes the subject of an investigation by law enforcement, Moovet shall have the right to cooperate, exclusive of any legal obligation, with law enforcement, including without limitation providing law enforcement with the contact information of any of the Users in question.

The foregoing notwithstanding, Moovet may amend any terms of this Agreement solely in order to comply with any change in law or regulation that occurs to applicable laws and regulations related to the Services, including without limitation material terms such as pricing.

Under such limited circumstances, Moovet shall notify the User as soon as possible prior to implementation, or if impossible, as soon as possible following implementation.

22.  Site Operation

United Arab Emirates is our Country of Domicile. Moovet will not provide any services or products to any of Office of Foreign Assets Control (“OFAC”) sanctions countries in accordance with the law of UAE.

 

 

 

23.  ANNEX I

Moovet Moovees Agreement

This Moovet Moovees Agreement is part of Moovet’s Terms and Conditions (“T&C”) and uses the same capitalized terms as defined in the T&C unless otherwise defined below.

By using our Services or Applications, each Moovee of any approved vehicle used to pick up, transport and deliver an Item for a Customer warrants and agrees that he/she:

  1. Is at least 18 years of age and has all right and authority to lawfully enter into the T&C in his/her own name or on behalf of an entity that is the other party hereto;
  2. possesses a valid driver’s license;
  3. possesses an insurance for the vehicle used for the performance of the Moov;
  4. possesses a valid residency;
  5. has all appropriate licenses, approvals and authority to accept and complete a Moov as contracted through the Services and Applications.
  6. will not accept a Moov that require him or her to hold any licenses from any governmental authority with jurisdiction over him/her, the vehicle he/she operates, or the Item, without possessing valid licenses for the same;
  7. owns or has the legal right to operate the vehicle used in a Moov, and said vehicle is in good operating condition throughout the performance of such Moov;
  8. is named or scheduled on the insurance policy covering any vehicle used by him/her for a Moov;
  9. will be solely and directly responsible for any and all liability arising from or in connection with the operation of the vehicle he/she uses for a Moov, including, but not limited to personal injuries, death and property damages;
  10. will not enter the premises of a Sender or Receiver domicile during a Moov;
  11. will not knowingly pick-up, transport, and/or deliver a Moovet Prohibited Item;
  12. while performing a Moov, will only use a vehicle that he/she has reported to Moovet using the Applications or Services and as required therein;
  13. will only accept a Moov contracted through the Moovet Applications or Services;
  14. will only contract with a Customer through Moovet’s Application or Services and will not engage in outside transactions with any User;
  15. agrees that Moovet is not responsible for any road fines he or she might have had while performing a Moov with Moovet, unless stated otherwise;
  16. acknowledges and agrees that this Agreement is made anew for each and every Moov accepted by him/her.

24.  ANNEX II

Moovet User Agreement

This Moovet User Agreement is part of Moovet’s Terms and Conditions (“T&C”)  and uses the same capitalized terms as defined in the T&C unless otherwise defined below.

By using our Services or Applications, each User who contracts with a Moovet Moovee to pick up, transport and deliver an Item using Moovet’s Services and Applications warrants and agrees that he/she:

  1. either is at least 18 years of age and has all right and authority to lawfully enter into the terms of this agreement in his/her own name or on behalf of an entity that is the other party hereto or is at least 15 years of age and has all right and authority to lawfully enter into this agreement in his/her own name but with the written consent of his/her legal guardian;
  2. owns or otherwise has the full right and authority to request the performance of a Moov;
  3. has not and will not include in a requested Moov any Moovet Prohibited Items as listed in the T&C;
  4. will disclose and provide photographs of all Items subject to a Moov;
  5. acknowledges and agrees that the Moovet Insurance Plan does not cover reimbursement for any loss or damage resulting from (1) any breach of this Agreement or T&C; (2) sending or receiving any items on the Moovet Prohibited Items list; or (3) inadequate packing of an Item;
  6. acknowledges and agrees that Moovet’s Liability Cap under Moovet’s Insurance Plan does not exceed USD 100 per Moov.
  7. acknowledges and undertakes, as a Sender, to comply with Moovet’s T&C and all Applicable Laws relating, directly or indirectly, to the packing and transport of an Item;
  8. will only contract with a Moovee through Moovet’s Services and Applications and will not engage in outside transactions with any User;
  9. is responsible for lifting and carrying all Items sent with a Moovee and is responsible for placing them in or removing them from the Moovee’s vehicle and hereby acknowledges that a Moovee is not a mover and is not responsible for lifting or otherwise moving any Item during a Moov;
  10. Acknowledges and agrees that this Agreement is made anew for each and every Moov ordered by him/her.