TERMS AND CONDITIONS:

Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Kone Technologies (using their trademarked brand “mConnect”) liability company established in India, having its registered office at Ranka Junction, bus stop, 80/3, Old Madras Rd, near Tin factory, Vijinapura, Krishnarajapura, Bengaluru, Karnataka 560016. Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and mConnect. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. mConnect may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. mConnect may amend the Terms related to the Services from time to time. Amendments will be effective upon mConnect’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. mConnect 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 driver and such information or data is necessary to resolve the complaint, dispute or conflict.

The Services

The Services constitute a technology platform that enables users of mConnect mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services either directly with mConnect or with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with mConnect or certain of mConnect affiliates (“Third Party Providers”). Unless otherwise agreed by mConnect in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

License.

Subject to your compliance with these Terms, mConnect grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services. (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by mConnect and mConnect licensors.

RESTRICTIONS.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services. (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by mConnect. (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law. (iv) link to, mirror or frame any portion of the Services. (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services. (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third party services and content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that mConnect does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. mConnect does not endorse such third party services and content and in no event shall Me mConnect be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service. OWNERSHIP. The Services and all rights therein are and shall remain mConnect property or the property of mConnect licensors.
Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above. (ii) to use or reference in any manner mConnect company names, logos, product and service names, trademarks or services marks or those of mConnect licensors.

Your use of the services

USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to mConnect certain personal information, such as your name, address, mobile phone number as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or mConnect termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account Phone Number at all times. Unless otherwise permitted by mConnect in writing, you may only possess one Account.

User requirements and conduct.

TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from mConnect at any time by sending an Phone Number from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. mConnect does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). After you have received services or goods obtained through your use of the Service, mConnect will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by mConnect. All Charges are due immediately and payment will be facilitated by mConnect using the preferred payment method designated in your Account, after which mConnect will send you a receipt by SMS. You may elect to cancel your request for services at any time prior to the mConnect before driver’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the mConnect driver for the services or goods provided. You will have the opportunity to rate your experience and leave additional feedback about your driver.

REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, mConnect vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by mConnect in mConnect reasonable discretion, mConnect reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account.

Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

The services are provided “as is” and “as available.” mConnect disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, mConnect makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Limitation of liability.

mConnect 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 services, even if mConnect has been advised of the possibility of such damages. mConnect shall not be liable for any damages, liability or losses arising out of your use of or reliance on the services or your inability to access or use the services. mConnect shall not be liable for delay or failure in performance resulting from causes beyond mConnect reasonable control. in no event shall mConnect total liability to you in connection with the services for all damages, losses and causes of action exceed five thousand rupees (a500). the limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Indemnity.

You agree to indemnify and hold mConnect and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or goods obtained through your use of the services (ii) your breach or violation of any of these Terms (iii) mConnect use of your User Content (iv) your violation of the rights of any third party.

Other Provisions

Claims of Copyright Infringement.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.” Document

TERMS AND CONDITIONS:

Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Kone Technologies (using their trademarked brand “mConnect”) liability company established in India, having its registered office at Ranka Junction, bus stop, 80/3, Old Madras Rd, near Tin factory, Vijinapura, Krishnarajapura, Bengaluru, Karnataka 560016. Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and mConnect. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. mConnect may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. mConnect may amend the Terms related to the Services from time to time. Amendments will be effective upon mConnect’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. mConnect 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 driver and such information or data is necessary to resolve the complaint, dispute or conflict.

The Services

The Services constitute a technology platform that enables users of mConnect mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services either directly with mConnect or with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with mConnect or certain of mConnect affiliates (“Third Party Providers”). Unless otherwise agreed by mConnect in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

License.

Subject to your compliance with these Terms, mConnect grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services. (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by mConnect and mConnect licensors.

RESTRICTIONS.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services. (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by mConnect. (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law. (iv) link to, mirror or frame any portion of the Services. (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services. (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third party services and content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that mConnect does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. mConnect does not endorse such third party services and content and in no event shall Me mConnect be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service. OWNERSHIP. The Services and all rights therein are and shall remain mConnect property or the property of mConnect licensors.
Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above. (ii) to use or reference in any manner mConnect company names, logos, product and service names, trademarks or services marks or those of mConnect licensors.

Your use of the services

USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to mConnect certain personal information, such as your name, address, mobile phone number as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or mConnect termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account Phone Number at all times. Unless otherwise permitted by mConnect in writing, you may only possess one Account.

User requirements and conduct.

TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from mConnect at any time by sending an Phone Number from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. mConnect does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). After you have received services or goods obtained through your use of the Service, mConnect will facilitate your payment of the applicable Charges. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by mConnect. All Charges are due immediately and payment will be facilitated by mConnect using the preferred payment method designated in your Account, after which mConnect will send you a receipt by SMS. You may elect to cancel your request for services at any time prior to the mConnect before driver’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the mConnect driver for the services or goods provided. You will have the opportunity to rate your experience and leave additional feedback about your driver.

REPAIR OR CLEANING FEES.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, mConnect vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by mConnect in mConnect reasonable discretion, mConnect reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account.

Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

The services are provided “as is” and “as available.” mConnect disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, mConnect makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. you agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

Limitation of liability.

mConnect 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 services, even if mConnect has been advised of the possibility of such damages. mConnect shall not be liable for any damages, liability or losses arising out of your use of or reliance on the services or your inability to access or use the services. mConnect shall not be liable for delay or failure in performance resulting from causes beyond mConnect reasonable control. in no event shall mConnect total liability to you in connection with the services for all damages, losses and causes of action exceed five thousand rupees (a500). the limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Indemnity.

You agree to indemnify and hold mConnect and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or goods obtained through your use of the services (ii) your breach or violation of any of these Terms (iii) mConnect use of your User Content (iv) your violation of the rights of any third party.

Other Provisions

Claims of Copyright Infringement.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”