Contractual
Relationship.
These
terms of service constitute a legally binding agreement (the
“Agreement”) between you and Manzill PRIVATE
LIMITED
, a company with its registered office at AMH
Arcade Shahrah-e-Quaid Azam Near Family Health Jutail Gilgit,
Gilgit-Baltistan
15100 Pakistan.
which
collectively defined as (“Manzill”,
“we”, “us” or “our”), by which expression includes our
legal representatives, administrators, successors-in-interest,
permitted assigns and affiliates (“Affiliates”).
This
Agreement governs your use of the Manzill
applications,
website, and call center and technology platform (collectively, the
“Manzill
Platform”). To its relevant Affiliates, and the relevant Affiliate
in your jurisdiction provides you the right to access and use the
Manzill
Platform in your jurisdiction. Where no Affiliate exists in
your jurisdiction but use of the Manzill
Platform
is available to you, the right to access and use the Manzill
Platform will be provided to you by our Affiliate in the
Pakistan.
PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE MANZILL
PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE MAZILL
PLATFORM
Your
access and used of Manzill
Application
backed by the Legitimate agreement where we can Terminate any
agreement with user without any consent.
Manzill
may amend this Agreement from time to time. Amendments will be
effective upon Manzill
posting of an updated Agreement at this location or the amended
policies or supplemental terms on the applicable Service. Your
continued access or use of the Manzill
Platform after such posting constitutes your consent to be bound by
this Agreement, as amended.
Manzill
Platform.
We
aim to update the Manzill
Platform regularly, and may change the content at any time. If the
need arises, we may suspend access to the Manzill
Platform and the Services, or close them indefinitely. Any of the
material on the Manzill Platform or the Services may be out of date
at any given time, and we are under no obligation to update such
material.
YOU
ACKNOWLEDGE THAT NEITHER MANZILL
NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS
SERVICES OR FUNCTION AS A TRANSPORTATION, OR OWN ANY VEHICLES FOR
TRANSPORTATION, AND THAT ALL SUCH SERVICES ARE PROVIDED BY
INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MANZILL
OR ANY OF ITS AFFILIATES.
Subject
to your compliance with this Agreement, Manzill grants you a
limited, non-exclusive, non-sub-licensable, revocable,
non-transferable license to: (i) access and use the Manzill Platform
on your personal device solely in connection with your use of the
Manzill Platform; and (ii) access and use any content, information
and related materials that may be made available through the Manzill
Platform, in each case solely for your personal, non-commercial use.
Any rights not expressly granted herein are reserved by Manzill and
Manzill licensors.
Third
Party Services and Content.
The
Manzill Platform may be made available or accessed in connection
with third party services and content (including advertising) that
Manzill 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. Manzill does not endorse such third party
services and content and in no event shall Manzill be responsible or
liable for any products or services of such third party providers.
Additionally,., Google, Inc., and/or their applicable international
subsidiaries and affiliates will be third-party beneficiaries to
this contract if you access the Manzill Platform using applications
developed for Android-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 Manzill Platform
in any manner. Your access to the Manzill Platform using these
services or applications is subject to terms set forth in the
applicable third party beneficiary’s terms of service.
Manzill
Platform Ownership.
The
Manzill Platform and all rights therein are and shall remain
Manzill’s property or the property of Manzill’s licensors.
Neither this Agreement nor your use of the Manzill Platform convey
or grant to you any rights: to use or reference in any manner
Manzill’s company names, logos, product and service names,
trademarks or services marks or those of Manzill’s licensors.
Provision
of the Service.
You
acknowledge that portions of the Services may be made available
under Manzill’s various brands or request options, including
transportation request.
You
also acknowledge that the Services may be made available under such
brands or request options by or in connection with: (i) certain
Affiliates; or (ii) independent third party contractors, including
transportation network company drivers or holders of similar
transportation permits, authorizations or licenses.
Use of the Manzill Platform.
User
Accounts.
In
order to use most aspects of the Manzill Platform, you must
register for and maintain an active personal User account
(“Account”). You must be at least 18 years of age to obtain an
Account. Account registration requires you to submit to Manzill
certain personal information, such as your full
name, mobile phone number,email,
gender and
profile image.
You agree to maintain accurate, complete, and up-to-date
information in your Account. Your failure to maintain accurate,
complete, and up-to-date Account information may result in your
inability to access and use the Manzill Platform, including your
ability to request access to your personal information or to opt in
or out of marketing preferences, Manzill’s termination of this
Agreement with you.
You
agree to maintain the security and secrecy of your Account email
and OTP
at all times. You agree and understand that you are
responsible for all activity that occurs under your Account, even
as a result of loss, damage or theft of the device through which
you access the Manzill Platform.
Unless
otherwise permitted by Manzill in writing, you may only possess one
Account.
User
Requirements and Conduct.
The
Manzill Platform is not available for use by persons under the age
of 18 and may only be used by individuals who can form legally
binding contracts under applicable law. You may not authorize third
parties to use your Account, and you may not allow persons under
the age of 18 to receive transportation services from Captains
unless they are accompanied by you or another adult.
Promotions,
Bundles, Credits and Referral Programs.
Manzill,
in its sole discretion, may make promotions available to any User or
potential User. These promotions, unless made to you, shall have no
bearing whatsoever on your Agreement or relationship with Manzill
.Promotions will in many cases be made available to you via alpha
numeric codes (“Coupen
Codes”). Manzill reserves the right to withhold or deduct credits
or benefits obtained through a promotion in the event that Manzill
determines or believes that the redemption of the promotion or
receipt of the credit or benefit was in error, fraudulent, illegal,
or in violation of the applicable promotion terms or this
Agreement.
From
time to time, Manzill may offer you incentives to refer new Users to
the Manzill community (the “Referral Program”). These incentives
may come in the form of Manzill Credits.
Communications.
Users
can communicate through online texting system or call to our
helpline which will be available 24 hours or contact directly at
contact@manzill.pk.
Charges
and Payments.
As
a User, you agree to pay any amounts charged by Manzill (the
“Manzill
Commission”)
(if applicable in your jurisdiction) and amounts charged
by Captains for providing Services to you (“Fare”).
After
you have received Services from a Manzill, (i) may facilitate your
payment of the applicable Fare
on behalf of the Captain as such Captain’s limited payment
collection agent and (ii) may collect any applicable Manzill
Commission
directly from you or, in the case of a cash payment, from the
relevant Captain. Payment of the Fare
and Manzill Commission
in the above manner shall in all cases be considered the same as
payment made directly by you to the Captain or to Manzill, as
applicable. Fare
and Manzill Commission
will be inclusive of applicable taxes where required by law,
including any VAT or sales tax where
applicable.
Fare
and Manzill Commission
paid by you are final and non-refundable, unless otherwise
determined by Manzill. You retain the right to request lower Fare
from a Captain for Services received by you from such Captain at the
time you receive such Services (but not after the Service is
underway or completed). Manzill will respond accordingly to any
request from a Captain to modify the Fare
for a particular Service.
All
Fare
and Manzill Commission
are due immediately and payment will be facilitated by Manzill using
the preferred payment method designated in your Account, after which
Manzill or a Captain, as applicable, will send you a receipt by
email.
As
between you and Manzill, Manzill reserves the right to establish,
remove and/or revise Manzill Commission
at any time in Manzill’s sole discretion. Fares
may also be varied or revised at any time without your consent.
Further, you acknowledge and agree that Fare
and Manzill Commission
applicable in certain geographical areas may increase substantially
during times off-hours
and of
high demand. Manzill will use reasonable efforts to inform you of
Fares
and Manzill Commission
that may apply, provided that you will be responsible for Fares
and Manzill Commission
incurred under your Account regardless of your awareness of such
Fares
or Manzill Commission,
as applicable, or the amounts thereof.
Restricted
Activities
With
respect to your use of the Manzill Platform and your participation
in the Services, you agree that you will not: (i) impersonate any
person or entity (ii) stalk, threaten, or otherwise harass any
person (including other Users making simultaneous use of the
Service), or carry any weapons (iii) violate any law, statute, rule,
permit, ordinance or regulation (iv) interfere with or disrupt the
Services or the Manzill Platform or the servers or networks
connected to the Manzill Platform (v) post information or interact
on the Manzill Platform or with respect to Services in a manner
which is false, inaccurate, misleading (directly or by omission or
failure to update information), defamatory, libelous, abusive,
obscene, profane, offensive, sexually oriented, threatening,
harassing, or illegal (vi) use narcotics or alcohol (vii) use the
Manzill Platform in any way that infringes any third party’s
rights, including but not limited to: intellectual property rights,
copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy (viii) post, email or
otherwise transmit any malicious code, files or programs designed to
interrupt, damage, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment or
surreptitiously intercept or expropriate any system, data or
personal information (ix) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any information
transmitted through the Manzill Platform (x) “frame” or “mirror”
any part of the Manzill Platform, without our prior written
authorization or use meta tags or code or other devices containing
any reference to us in order to direct any person to any other web
site for any purpose (xi) modify, adapt, translate, reverse
engineer, decipher, decompile or otherwise disassemble any portion
of the Manzill Platform or any software used on or for the Manzill
Platform (xii) rent, lease, lend, sell, redistribute, license or
sublicense the Manzill Platform or access to any portion of the
Manzill Platform (xiii) use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to
retrieve, index, scrape, “data mine”, or in any way reproduce or
circumvent the navigational structure or presentation of the Manzill
Platform or its contents (xiv) link directly or indirectly to any
other web sites (xv) transfer or sell your User account, password
and/or identification to any other party (xvi) discriminate against
or harass anyone on the basis of race, national origin, religion,
gender, gender identity, physical or mental disability, medical
condition, marital status, age or sexual orientation (xvii) cause
any third party to engage in the restricted activities above.
In the event that you undertake in any of the above while
participating in Services, a Captain shall be permitted to refuse to
provide you Services or, if such Services have commenced, a Captain
shall be permitted to refuse to continue to provide you Services.
IMITATION
OF LIABILITY.
MANZILL
AND ITS AFFILIATES AND ITS PARTNERS 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 MANZILL
PLATFORM OR SERVICES, EVEN IF MANZILL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MANZILL
AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY
DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR
RELIANCE ON THE MANZILL
PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE
MANZILL
PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP
BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF
MANZILL
OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. MANZILL
AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR
FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE
CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING TRANSPORTATION
SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDE
SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE
PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL MANZILL
AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU
IN CONNECTION WITH THE MANZILL
PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO,
ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF
PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES
THE
MANZILL
PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES
WITH CAPTAINS BUT YOU AGREE THAT MANZILL,
ITS AFFILIATES, PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY
OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY
CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE
LIMITATIONS AND DISCLAIMER IN THIS ABOVE STATEMENT 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 Manzill, its Affiliates and other
partners and their officers, directors, employees and agents
harmless from any and all claims, demands, losses, liabilities, and
expenses (including attorneys’ fees) arising out of or in
connection with: (i) your use of the Manzill Platform and the
Services or services or goods obtained through your use of the
Manzill Platform; (ii) your breach or violation of this Agreement
or(iii) your violation of the rights of any third party, including
Captains.
Dispute
Resolution
Arbitration
You
agree that any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Manzill
Platform or Services (collectively, "Disputes") will be
settled by binding arbitration between you and any relevant
Affiliate in your jurisdiction. if no other Affiliate is
incorporated in your jurisdiction, except that each party retains
the right to seek injunctive or other equitable relief in a
court of competent jurisdiction to prevent the actual or threatened
infringement, misappropriation or violation of a party's copyrights,
trademarks, trade secrets, patents or other intellectual property
rights.
General.
You
may not assign or transfer your rights under this Agreement in whole
or in part without Manzill prior written approval. You give your
approval to Manzill for it to assign or transfer its rights and
obligations under this Agreement in whole or in part, including to:
(i) a subsidiary or affiliate; (ii) an acquirer of Manzill’s
equity, business or assets; or (iii) a successor by merger. No joint
venture, partnership, employment or agency relationship exists
between you, Manzill or any Captain as a result of the contract
between you and Manzill or use of the Manzill Platform.
If
any provision of this Agreement is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or
part thereof shall to that extent be deemed not to form part of this
Agreement but the legality, validity and enforceability of the other
provisions in this Agreement shall not be affected. In that event,
the parties shall replace the illegal, invalid or unenforceable
provision or part thereof with a provision or part thereof that is
legal, valid and enforceable and that has, to the greatest extent
possible, a similar effect as the illegal, invalid or unenforceable
provision or part thereof, given the contents and purpose of this
Agreement. This Agreement constitutes the entire agreement and
understanding of the parties with respect to its subject matter and
replaces and supersedes all prior or contemporaneous agreements or
undertakings regarding such subject matte
Other Provisions
Choice
of Law.
This
Agreement is governed by and construed in accordance with the laws
of the jurisdiction in which the relevant Affiliate is
incorporated, without giving effect to any conflict of law
principles, except as may be otherwise provided in supplemental
terms applicable to your region.
Claims
of Copyright Infringement.
Claims
of copyright infringement should be sent to Manzill
at contact@manzill.pk
Notice.
Manzill
may give notice by means of a general notice on the Manzill
Platform, electronic mail to your email address in your Account, or
by written communication sent to your address as set forth in your
Account. You may give notice to Manzill by written communication to
Manzill’s email address at contact@manzill.pk
or
via registered
mail at
address MANZILL.PK Private Limited, AMH Arcade Shahrah-e-Quaid
Azam Near Family Health Jutail Gilgit, Gilgit-Baltistan
15100 Pakistan