Last Updated on 10/02/2021
These Terms of Service (“Terms”) apply to your access to and use of the websites (the “Sites”) and mobile application (the “SmartShuttle App”) (together the “SmartShuttle Technology”) provided by Smart Shuttle Technologies LLC (“SmartShuttle” or “we”) and the other online products and services provided by SmartShuttle in connection therewith (collectively with the SmartShuttle Technology the “Service”).
Important: please review the arbitration agreement set forth in Section 17 below carefully, as it will require you to resolve disputes with SmartShuttle on an individual basis through final and binding arbitration.
BY ACCESSING OR USING ANY PORTION OF THE SERVICE, YOU AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
If you have any questions about these Terms or our Service, please contact us at email@example.com.
1. DESCRIPTION OF SERVICE; NATURE OF SMART-DRIVER RELATIONSHIP
The Service is an application based software service that enables users (“Users”) to arrange and schedule rides for children between the age of five and up (the “Rider”) with a third-party service provider (“Smart-Driver”).
YOU ACKNOWLEDGE THAT THE SERVICE IS MERELY A TECHNOLOGY PLATFORM; THAT SMARTSHUTTLE DOES NOT PROVIDE YOU WITH ANY TRANSPORTATION SERVICES AND THAT YOUR ABILITY TO OBTAIN TRANSPORTATION SERVICES THROUGH THE SERVICE DOES NOT ESTABLISH SMARTSHUTTLE AS A TRANSPORTATION CARRIER OR AS A PROVIDER OF TRANSPORTATION SERVICES.
Smart-Drivers are not employees of SmartShuttle but rather provide the transportation (the “Smart-Driver Services”) directly to you. Although SmartShuttle conducts certain screening of Smart-Drivers as described in FAQ section (the “Smart-Driver Screening”), any agreement regarding the Smart-Drivers Services is strictly between you and the Smart-Drivers, and SmartShuttle is not responsible or liable for the Smart-Drivers Services or for the conduct, acts or omissions of any Smart-Drivers. Unless otherwise agreed by SmartShuttle in a separate written agreement with you, the Service is made available solely for your personal, noncommercial use, and you are authorized to access and use the Service (including the SmartShuttle Technology) solely for your personal use in connection with obtaining Smart-Drivers Services.
SmartShuttle and the Smart-Drivers deserve the right to refuse service to any passenger or passenger's legal guardian, at their discretion for cause.
SmartShuttle also facilitates payment between you and the Smart-Driver who provides the Smart-Driver Services in accordance with Section 4.2 below.
2. ELIGIBILITY; AUTHORIZATION
You must be at least 18 years of age to create an account with SmartShuttle. If you are under 18 years of age, you may only access or use our Service under the account and supervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian of a child under the age of 18 (or the age of legal majority) who will be using the Service or the Smart-Driver Services, you agree to be fully responsible for the acts or omissions of such Passenger in connection therewith and for the acts of anyone you authorize to arrange for Smart-Driver Services through our Service or of any Passenger for whom you book any Smart-Driver Services. If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be bound by these Terms and responsible to us if you or the other person or entity violates these Terms. You represent and warrant to SmartShuttle that you will only book Smart-Driver Services for Passengers for whom you have been specifically authorized to do so by the parent or legal guardian of the Passenger and who have agreed to the these Terms.
3. USER ACCOUNTS AND ACCOUNT SECURITY
Users need to register for an account to access our Service. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.
4. PAYMENT TERMS
You agree to pay, and you hereby authorize SmartShuttle’s third-party payment processor to charge, via one or more credit/debit cards or other third-party payment processing accounts on file in your account (each a “Payment Method”) for all applicable fees and taxes that may accrue in relation to your subscription to use the Service. These payment processing services are governed by the terms and conditions of those third party services and will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours. If you have more than one Payment Method on file, you will designate one Payment Method as your primary Payment Method. You are responsible for providing complete and accurate Payment Method and contact information to us. If your primary Payment Method is determined to be expired, invalid or otherwise not able to be charged, you agree that SmartShuttle may use any other Payment Method in your account, if available. If you do not have a valid Payment Method listed in your account, you agree to promptly provide SmartShuttle with a valid Payment Method immediately upon request. Any amounts that SmartShuttle is unable to charge to a valid Payment Method will be late payments and will bear interest at the maximum allowable rate until paid. We may suspend or terminate your access to the Service if a payment is 30 days past due.
All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. All amounts referred to in these Terms, including those set forth through the Service, are stated in Qatari Riyal and do not include any taxes. You will be responsible for the payment of any taxes applicable to any payments made hereunder, except taxes based on SmartShuttle’s income or the income of the Smart-Driver. SmartShuttle has no obligation to provide refunds or credits relating to any Smart-Driver Services but may do so in SmartShuttle’s sole discretion.
4.2. SMART-DRIVER SERVICES FEES GENERALLY
You will be charged a fee by your Smart-Driver for any and all rides and other services completed by your Smart-Drivers (“Smart-Drive r Services Fees”). Smart-Driver Services Fees vary based on the particular Smart-Driver Services in question and may include tolls, surcharges and other fees (such as waiting fees, cancellation fees, service fees for changes to rides after the cut-off time, booking rides after the cut-off time and split payment fees where applicable), as described in the confirmation notification/text/email you will receive upon booking a ride. When scheduling Smart-Driver Services through the SmartShuttle App, you will be quoted an estimate of the applicable Smart-Driver Services Fees before you confirm your reservation. Your actual Smart-Driver Services Fees charged by your Smart-Driver for any given Smart-Driver Services may vary from these estimates based on (a) the amount of time it takes to perform your Smart-Driver Services (e.g., including the Smart-Driver’s waiting time if you, other passengers or your account passengers, as applicable, delay your pick-up or departure time, or due to traffic delays), (b) the distance travelled during your Smart-Driver Services (e.g., if a detour is required to avoid adverse road conditions), and (c) the amount of any tolls, surcharges, and other fees which you are responsible for paying. Your Smart-Driver Services Fees may also vary if you change your pick-up time after confirming your Smart-Driver Services reservation, or if your Smart-Driver is late for your scheduled pick-up time. Service Fees may also include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or other fees for split payments.
You understand that use of the Service to arrange for Smart-Driver Services may result in charges to you for the Smart-Driver Services you receive from a Smart-Driver. After you have received Smart-Driver Services obtained through your use of the Service, SmartShuttle will facilitate your payment of the applicable fees on behalf of the Smart-Driver. Payment of the fees in such a manner will be considered the same as a payment made directly by you to the Smart-Driver. Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable.
All Smart-Driver Services Fees are due immediately and payment will be facilitated by SmartShuttle using the Payment Method designated in your account, after which SmartShuttle will send you a receipt by email.
As between you and SmartShuttle, SmartShuttle reserves the right to establish, remove and revise fees for the Service or for any or all services obtained through the use of the Service, including on behalf of Smart-Drivers with respect to the Smart-Driver Services Fees, at any time in SmartShuttle’s sole discretion. SmartShuttle 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 Service, and you agree that such promotional offers and discounts, unless also made available to you, will have no bearing on your use of the Service or the fees applied to you. You may elect to cancel your request for Smart Driver Services from a Smart-Driver at any time prior to such SmartShuttle’s arrival, in which case you may be charged a cancellation fee as described in the confirmation email you will receive upon booking a ride.
The Smart-Driver Services Fees are intended to fully compensate the Smart-Drivers for the Smart-Drivers Services provided. SmartShuttle does not designate any portion of your payment as a tip or gratuity to the Smart-Drivers. Any representation by SmartShuttle (on SmartShuttle’s website, in the SmartShuttle App, or in SmartShuttle’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that SmartShuttle provides any additional amounts, beyond those described above, to the Smart Drivers. You understand and agree that, while you are free to provide additional payment as a gratuity to any Smart-Drivers who provides you with Smart-Driver Services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received the Smart-Driver Services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Smart-Driver.
You may elect for a Passenger under your account to share a ride with Passengers of other Users who have an account with SmartShuttle (a “Carpool”). Each Passenger’s parent or legal guardian must have an active account with SmartShuttle and must authorize the party arranging the Carpool to book a ride on their behalf. Carpools may also be booked by an enterprise, such as a school, that each parent or legal guardian of a Passenger in the Carpool has authorized to book rides on their behalf. SmartShuttle will decide the best route and pickup/drop off sequence for the Carpool. SmartShuttle will show the minimum to maximum approximate pricing range based on the number of Passengers invited to join the Carpool. The final price per Passenger will be based on the actual Passengers participating in the ride.
5. REPAIR OR CLEANING FEES
You will be responsible for the cost of repair for damage to, or necessary cleaning of, Smart-Driver’s vehicles and other property resulting from use of the Smart-Driver Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Smart-Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by SmartShuttle in SmartShuttle’s reasonable discretion, SmartShuttle reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Smart-Driver using your payment method designated in your Account. Such amounts will be transferred by SmartShuttle to the applicable Smart-Driver and are non-refundable.
6. MOBILE AND ELECTRONIC COMMUNICATIONS
The Service involves receiving alerts, acknowledgements, updates, offers, messages, and other information via your mobile device and/or email. Therefore, when you use the Service, you expressly agree that SmartShuttle and Smart-Drivers may contact you via text message, phone, or email using the information you provide in your user account or otherwise provide to us. Your carrier’s standard messaging, data and other rates and fees apply. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. You acknowledge that receiving text (SMS) messages may impact your use of the Service.
7. USER CONTENT
As part of our Service you may have the opportunity to post or upload photos, reviews and other content from time to time (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and SmartShuttle. You grant SmartShuttle a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to reproduce, distribute, adapt, publish, translate, create derivative works from, publicly perform, publicly display and otherwise use your User Content, and any name, username or likeness provided in connection with your User Content, in any media or media in connection with the Service without compensation to you. If you post or otherwise share reviews on or through third-party social media sites or other content that is intended to be shared, you understand that such User Content and any associated information (such as your username or profile photo for such third-party social media sites) may be visible to the public. You are solely responsible for all User Content you post.
You may not upload, post, store, share or otherwise use any User Content that violates these Terms, that infringes or violates the rights of any third party, or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
8. PROHIBITED CONDUCT AND CONTENT
You agree not to violate or infringe upon any applicable law, contract, intellectual property or other third-party right or commit a tort in connection with your use of the Service or the Smart-Driver Services, and you are solely responsible for your conduct while accessing or using our Service or the Smart-Driver Services. Without limiting the foregoing, you will not:
Engage in any harassing, threatening, intimidating, predatory, violent or stalking conduct;
Use or attempt to use another User’s account without authorization from that user and SmartShuttle or arrange or attempt to arrange rides for any Passenger for whom you are not authorized to do so;
Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner;
Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access;
Develop or use any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service; or
Use any data mining, robots or similar data gathering or extraction methods; or
Use our Service or the Smart-Driver Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, false, misleading, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent including, without limitation, addresses, phone numbers, and email addresses;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose SmartShuttle or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
9. LIMITED LICENSE; COPYRIGHT AND TRADEMARK
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “SmartShuttle Content”) are owned by or licensed to SmartShuttle and are protected under Qatar and foreign laws. Except as explicitly stated in these Terms, SmartShuttle and our licensors reserve all rights in and to our Service and the SmartShuttle Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Service and SmartShuttle Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Service or SmartShuttle Content; (b) copy, reproduce, distribute, publicly perform or publicly display SmartShuttle Content, except as expressly permitted by us or our licensors; (c) modify the SmartShuttle Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Service or SmartShuttle Content; and (d) use our Service or SmartShuttle Content other than for their intended purposes. Any use of our Service or SmartShuttle Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about SmartShuttle or our products or Service (collectively, “Feedback”), is non-confidential and will become the sole property of SmartShuttle. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. COPYRIGHT COMPLAINTS
SmartShuttle may at its sole discretion limit access to the Service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on our Service infringes any copyright that you own or control, you may notify SmartShuttle’s Designated person as follows:
Designated Person: Ishfa Amin
Address # Al Gassar Tower, 7th Floor, Doha, Qatar
E-Mail Address: firstname.lastname@example.org
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless SmartShuttle and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the (“SmartShuttle Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of our Service or the Smart-Drivers Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with our Service or the Smart-Drivers Services, including any bodily injury or property damage you cause. You agree to promptly notify SmartShuttle Parties of any third party Claims, cooperate with SmartShuttle Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the SmartShuttle Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SmartShuttle or the other SmartShuttle Parties.
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Service or for the Smart Drivers Services or for the conduct of any Smart Drivers.
YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, SMARTSHUTTLE DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE SMARTSHUTTLE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE.
FOR THE AVOIDANCE OF DOUBT, SMARTSHUTTLE DOES NOT PROVIDE TRANSPORTATION SERVICES, AND SMARTSHUTTLE IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE SMART-DRIVERS TO OFFER TRANSPORTATION SERVICES, WHICH MAY BE REQUESTED BY A MEMBER THROUGH THE USE OF THE SERVICE. ANY DECISION BY A MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER TO ACCEPT TRANSPORTATION FROM A SMART-DRIVER IS A DECISION MADE IN SUCH MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER’S SOLE DISCRETION. SMARTSHUTTLE OFFERS INFORMATION AND TECHNOLOGY TO CONNECT SMART-DRIVER AND MEMBERS WITH EACH OTHER, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR CHILDCARE SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER OR CHILDCARE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES, CHILDCARE SERVICES, OR OTHER SERVICES PROVIDED TO ANY MEMBER, OTHER PASSENGER OR ACCOUNT PASSENGER BY ANY SMART-DRIVER USING THE SERVICE.
ALTHOUGH SMARTSHUTTLE CONDUCTS CERTAIN SMART-DRIVER SCREENINGS AS DESCRIBED AT https://smartshuttle.net/, AND ALTHOUGH ONLY SMART-DRIVERS WHO SUCCESSFULLY COMPLETE THE SMART-DRIVERS SCREENING PROCESS, AS DETERMINED IN SMARTSHUTTLE’S DISCRETION, ARE PERMITTED TO USE THE SERVICE TO PROVIDE SMART-DRIVER SERVICES, NO SCREENING PROCESS IS PERFECT. AS A RESULT, SMARTSHUTTLE CANNOT AND DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS REGARDING, THE ACCURACY OR EFFICACY OF THE SMART-DRIVER SCREENING PROCESS OR THE SUITABILITY, SAFETY, ABILITY, RELIABILITY, OR ACCURACY OF ANY SMART-DRIVER, THE SMART-DRIVER SERVICES PROVIDED BY ANY SMART-DRIVER, OR THE CONDITION OF THE VEHICLES IN WHICH ANY SMART-DRIVER SERVICES ARE PERFORMED.
IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A SMART-DRIVER WILL MEET YOUR NEEDS AND EXPECTATIONS. SMARTSHUTTLE WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A SMART-DRIVER. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING A SMART-DRIVER THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF SMART-DRIVER ARRANGED OR SCHEDULED USING THE SERVICE IS AT YOUR OWN RISK AND JUDGMENT. SMARTSHUTTLE WILL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH SMART-DRIVER OR IN CONNECTION WITH ANY FAILURE OR ERROR WITH RESPECT TO ANY SMART-DRIVER SCREENINGS.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) SMARTSHUTTLE AND THE OTHER SMARTSHUTTLE PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF SMARTSHUTTLE OR THE OTHER SMARTSHUTTLE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF SMARTSHUTTLE AND THE OTHER SMARTSHUTTLE PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE OR THE SMART-DRIVER SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICE.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of SmartShuttle or the other SmartShuttle Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
15. TRANSFER AND PROCESSING DATA
By accessing or using our Service, you consent to the processing, transfer and storage of information about you in and to India and other countries, where you may not have the same rights and protections as you do under local law.
SmartShuttle will provide limited liability insurance covering you and passengers during rides that are part of the Smart-Driver Services. However, Smart-Drivers are otherwise responsible for insurance for the vehicles they use to provide the Smart-Driver Services.
17. GOVERNING LAW AND VENUE
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of Qatar, without regard to conflict of law rules or principles (whether of Qatar or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration will be resolved in the courts of law of the State of Qatar.
18. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through our Service. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended terms, you must stop accessing and using our Service.
19. ELECTRONIC COMMUNICATIONS
By creating a SmartShuttle account, you also consent to receive electronic communications from SmartShuttle (e.g., via email or by posting notices on our Service). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
20. TERMINATION; MODIFICATION OF DISCONTINUANCE OF SERVICE
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Service. We also reserve the right to modify, suspend or dtatiiscontinue the Service or any features or functionality thereof at any time without notice and without obligation or liability to you. We are not responsible for any loss or harm related to your inability to access or use our Service.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
22. ADDITIONAL TERMS APPLICABLE TO IOS DEVICES
The following terms apply if you install, access, or use the Service on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”).
Acknowledgment. You acknowledge that these Terms are concluded solely between us, and not with Apple, and SmartShuttle, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support. You and SmartShuttle acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of SmartShuttle. However, you understand and agree that in accordance with these Terms, SmartShuttle has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
Product Claims. You and SmartShuttle acknowledge that as between Apple and SmartShuttle, SmartShuttle, not Apple, is responsible for addressing any claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, SmartShuttle, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Developer Name and Address. Any questions, complaints or claims with respect to the App should be directed to: Smart Shuttle Technologies LLC # Al Gassar Tower, 7th Floor, Doha, Qatar or email at email@example.com
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service.
Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
These Terms (together with any written agreement executed by you and SmartShuttle with respect to the Services) constitute the entire agreement between you and SmartShuttle relating to your access to and use of our Service. The failure of SmartShuttle to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.