These Terms and the rest of the Agreement govern the access or use by you, of the Platform and the Services. Your access to and use of the Platform and any Service constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform or the Services. By accessing and using the Platform and any Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as amended from time to time. If you do not agree with these Terms, now or at any time, you must stop using or accessing the Platform and/or any Services immediately. If you are using the Platform on behalf of a third party including a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms.
The following terms are used throughout the Agreement and have the following specific meanings (unless a different definition is given in any specific document).
Account means a user account on the Platform in your name.
Agreement means our agreement with you, comprising all the terms, conditions, and notices contained or referenced in these Terms and all other rules, policies (including the Privacy Policy), guidelines, and procedures that we may publish from time to time on the Platform (in each case as amended from time to time).
App means the mobile application that is provided by Zofeur, and which connects Clients with Third-Party Driver Companies.
Charges mean charges to you in connection with the Driver Services you receive from a Third-Party Driver Company arranged via the Platform.
Client means a person who contacts, engages, and/or aims to contact or engage a Third-Party Driver Company through use of the Services.
Confirmation has the meaning given to it in clause 11.3.
Content means any content submitted, generated, featured, displayed through the Platform (including any text, correspondence, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Platform). Content includes, without limitation, User Content that may be submitted by a User.
Dispute has the meaning given to it in clause 18.2.
Driver Services means driver services provided by Third-Party Driver Companies, as outlined on the Platform.
Incident means any act, omission or event in connection with the Driver Services or the Services, including any late arrival or alleged misconduct by a Driver..
Accident means accident causing damages to Your Car at fault of the driver providing Driver Services
Losses mean any claims, demands, assessments, charges, losses, liabilities, costs and expenses (including attorneys’ fees, penalties, interest or loss of profits)).
Platform means any online tool provided, processed and/or maintained by us (including our App, website, all subpages and subdomains, all Content, Services, and products available at or through the Platform located at https://www.zofeur.com/or any other related domain offering access to, or facilitating the provision of, the Services).
Privacy Policy means our privacy practices in relation to the use of User Content, the Platform and the Services which is available at https://www.zofeur.com/privacy-policy/.
School Rides means journeys to and/or from an educational setting for school-age children, provided always that all relevant children are accompanied for the entire journey by an adult who is responsible for the relevant children, which for the avoidance of doubt shall not be the Driver.
Services mean our online and/or offline services for the provision and use of the technology that we have developed for collaboration, communication, and payment between Third-Party Driver Companies and you, including without limitation, access to our App, communication tools, and payment services which enable you to arrange, schedule and pay for Driver Services with Third–Party Driver Companies.
Terms mean these terms and conditions.
Third-Party Content means any content that belongs to or originates from parties other than the User or Zofeur;
Third–Party Driver Companies means independent companies which provide the Driver Services arranged through the Platform.
User Content means any content, written or otherwise, created, submitted, generated, featured and/or displayed through the Platform (including any text, correspondence, audio and/or visual content, feedback related to the Services, initiation of support requests and submission of entries for competitions and promotions and photographs) by you or other Users while using the Platform.
Users mean the person, company, or organization that has visited or is using the Platform and/or any Service.
Vehicle Information means the information provided by a User when registering any vehicle in connection with their Account, including the make, model, license plate and insurance status.
Voucher means a voucher that Zofeur may create from time to time that may be redeemed for credit against the price of a trip, or other features or benefits related to the Services and/or a
Third-Party Driver Company and which may be subject to such additional terms as Zofeur sees fit.
We, our, us, Zofeur means Zofeur FZ-LLC, a company established in Dubai Media City with license number 96991 whose registered address is at Dubai Media City – Dubai.
You, your means a User.
Your Car has the meaning given to it in clause 5.1.
2.1. You agree that Zofeur may amend the Agreement or any part of it from time to time, and at our sole discretion. Although we will use our best endeavors to notify you of any amendment to the Agreement, we will not be required to provide you with prior notification of any such amendments or changes and your continued use of the Platform or Services shall constitute your acceptance of such amendments or changes.
2.2. Upon any amendment or change to the Agreement, we will publish the relevant change or amendment on our Platform. Your continued use of the Platform and/or any Service after the publication date of any amendment or change constitutes your acceptance of it.
2.3. You agree and undertake to review the Agreement each time you visit our Platform and/or prior to your use of any Services. If you do not agree to the Agreement, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.
3.1. Our Platform connects Third-Party Driver Companies and Clients. We provide Clients with access to Zofeur’s virtual community of Third-Party Driver Companies; easy collaboration through our communication tools; and secure payment tools.
3.2. You understand and agree that Drivers are not the employees or agents of Zofeur and that any transaction and/or agreement entered into as a result of your use of the Services whether oral or written, is between you and the Third-Party Driver Company only and Zofeur is not a party thereto. You acknowledge and agree that Zofeur shall not be responsible for performing the obligations of any Driver or Third-Party Driver Company and Zofeur, notwithstanding clause 15.1 hereinafter, disclaims all liability arising from or related to the performance or conduct of any Driver or Third-Party Driver Company.
You agree and acknowledge that Zofeur acts solely as an intermediary between Clients and Third-Party Driver Companies through the Services. If the driver performs out of ordinary (eg. completely sends you in the wrong direction) Zofeur will mediate in the extra costs incurred and issue a refund if proven rightful, if your driver gets a traffic fine while driving your car (due to driver’s mistake), Zofeur takes full responsibility to refund 100% of fine amount in the case the traffic fined is rightfully attributed and not contested by the Third-party Driver company.
3.3. You agree and acknowledge that Zofeur acts solely as an intermediary between Clients and Third-Party Driver Companies through the Services
3.4. Zofeur does not endorse any Third-Party Driver Company over another to service a Client. While we use commercially reasonable efforts to confirm that Third-Party Driver Companies and Drivers are appropriately licensed and maintain the required governmental approvals, we do not make any warranty, guarantee, or representation as to the licensing, ability, competence, compliance, quality, or qualifications of any Third-Party Driver Company or Driver. You agree and understand that it is your duty to inquire and evaluate the licensing, ability, competence, compliance, quality, or qualifications of any Third-Party Driver Company or Driver.
3.5. Although Zofeur may require the Third-Party Driver Companies to carry certain insurances, Zofeur offers its own vehicle damage insurance coverage in accordance with clause 15.1 stipulated hereinunder.
3.6. You understand and acknowledge that:
3.6.1. You are solely responsible for the Vehicle Information;
3.6.2. Zofeur, any Third-Party Driver Company, and any Driver may rely upon the Vehicle Information without further inquiry;
3.7. Unless otherwise agreed by Zofeur in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
3.8. YOU AGREE AND ACKNOWLEDGE THAT: ZOFEUR IS NOT A DRIVER COMPANY, DOES NOT EMPLOY ANY DRIVERS, DOES NOT PROVIDE DRIVER SERVICES AND THAT ALL DRIVERS ARE EMPLOYED BY THIRD–PARTY DRIVER COMPANIES.
3.9. Subject to your compliance with the Agreement, Zofeur grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Platform on your personal device solely in connection with your use of the Services; and (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 Zofeur and Zofeur’s licensors.
4.1. In order to use the Services, you must register for and maintain an active Account. You must be at least 18 years of age to register for an Account or to use any Service. Account registration requires you to submit to Zofeur certain personal information, such as your name, email address, gender, date of birth and mobile phone number. You agree and accept that any such information may be shared by Zofeur with Third-Party Driver Companies and/or Drivers.
4.2. You may only possess one Account.
4.3. Each Client is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated and to maintain its confidentiality. You agree to notify Zofeur at contact@zofeur.com immediately of any unauthorized use of Account, or any other breaches of security. We will not be responsible for any losses arising out of the unauthorized use of your computer, mobile device, or other computing device and/or Account.
4.4. We reserve the right to suspend or terminate your Account at any time and for any reason, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, incomplete, out of date, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.
5.1. You are only allowed to make use of our Services in relation to a vehicle where (i) you are the owner the vehicle or (ii) the owner of that vehicle has consented that you use the Services in relation to it (such vehicle being referred to as “Your Car”).
5.2. YOU UNDERTAKE:
5.2.1. TO ONLY USE THE SERVICES IF YOUR CAR IS INSURED WITH VALID MOTOR VEHICLE INSURANCE THAT ALLOWS ANYONE WITH A VALID UAE DRIVER’S LICENSE TO DRIVE THE VEHICLE; AND
5.2.2. NOT TO DO ANYTHING TO ENDANGER OR INVALIDATE THE INSURANCE COVER IN RESPECT OF YOUR CAR.
5.5. You may only use our Services in relation to Your Car:
5.5.1. if Your Car is in compliance with the laws and the regulations.
5.5.2. if Your Car has been regularly maintained and serviced according to the manufacturer’s recommendations and has all the required safety equipment.
5.5.3. all of Your Car’s equipment is in good working order, including tires, brakes, headlights, other lights, steering, and seat belts.
5.6. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to any Third-Party Driver Company, Driver or any other party. You will be solely responsible for the full functionality of your vehicle. If Your Car fails to function (electrical, mechanical, or other) in any way while the Services are being availed of by you, you will be responsible for all storage fees, roadside assistance, alternate transportation, and repair of any kind and neither Zofeur nor the Driver or Third-Party Driver Company shall be responsible in any manner whatsoever.
5.7. Subject to clause 15.1, we offer insurance for Your Own Car damage provided where the driver providing the Driver Services is established to be at fault, however in any event to the contrary we are not responsible for, damage or loss of any personal belongings or intellectual property whilst providing the Services. These include tapes, records, discs or other similar audio visual or data electronic devices, any speed measuring equipment within the vehicle or any other accessories of any kind. It is your responsibility to take care and ensure that you remove any personal belongings from the car before and after each Driver Service arranged through Zofeur.
6.1. By accessing or using the Platform and/or Driver Services, you represent and warrant that: (i) all Vehicle Information was correct and accurate when provided to Zofeur and that you will ensure that all Vehicle Information is updated throughout the term of the Agreement, (ii) you have the authority to validly enter into and/or be bound by the Agreement; (iii) your use of the Services will be solely for lawful purposes that are permitted by the Agreement; (iv) your use of the Services will comply with all UAE local and federal laws, rules, and regulations, and with all of Zofeur’s policies; as amended from time to time and (v) each Vehicle is owned by an individual person (rather than a corporate entity) and the owner has authorized you to use the Vehicle for the purposes of receiving Chauffeur Services OR where the Vehicle is owned by a corporate entity, the use of the Vehicle for the purpose of receiving Chauffeur Services is not in breach of any agreement between the User, the owner and/or the relevant corporate entity.
6.2. You further represent and acknowledge that you are over the age of 18. Zofeur does not target any Content to children or teenagers under 18, and we do not permit any Clients under 18 to use our Service, save for School Rides. Please immediately cease from using the Platform if you are under this legal age.
By creating an Account, you agree that the Services may send you notifications in connection with the Services. You acknowledge that disabling notifications on your mobile device will impact your use of the Services adversely.
8.1. You agree that Vouchers: (i) may be disabled by Zofeur at any time for any reason without liability to Zofeur; (ii) may only be used pursuant to the specific terms that Zofeur establishes for any such Voucher; (iii) are not valid for cash; (iv) may expire prior to your use. You agree not to forge, or attempt to forge, Vouchers.
8.2. In order to redeem a Voucher, you need to register it in the Platform by using the code before a trip starts. The Voucher with the earliest expiry date that you have registered in the Platform will be automatically redeemed when the trip finishes. The credit given will not exceed the Charge for the trip and any unused value in respect of that Voucher expires at the end of trip and consequently cannot be used for another trip.
8.3. Zofeur reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Vouchers by you or any other User in the event that Zofeur determines or believes that the use or redemption of the Voucher was in error, fraudulent, illegal, or in violation of the applicable Voucher terms or the Agreement.
9.1. Zofeur may, in Zofeur’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available User Content. Any User Content provided by you remains your property.
9.2. However, by providing User Content to Zofeur, you grant Zofeur a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Zofeur’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
9.3. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Zofeur the license to the User Content as set out in the Agreement and have taken all steps necessary to pass through to any end users any required terms; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Zofeur’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9.4. You agree to not provide User Content that: (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; (vi) infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives; or (viii) violates the privacy of any third party.
9.5. We are not responsible for any public display or misuse of your User Content. Users are solely responsible for the content of, and any harm resulting from, any User Content that they submit, post, upload, link to or otherwise make available while using the Services. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.
9.6. From time to time, the Clients may submit ratings or reviews of Drivers and/or Third-Party Driver Companies; these ratings and reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future trip or service. Zofeur shall be under no obligation to display such ratings or reviews and may remove them at any time at its sole discretion. Zofeur will have no responsibility or liability of any kind for any rating or review you encounter on or through the Platform, and any use of or reliance on such rating or review is solely at your own risk.
9.7. User Content posted on the Platform, such as blog posts or reviews, is provided for informational purposes only, with no assurance that such User Content is true, correct, or accurate.
9.8. Except for the Content that originates from Zofeur, we do not claim ownership of any Content that you post, upload or link to. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation photos, company logos and reviews via the Platform, you however expressly grant Zofeur and our successors a worldwide, sub-licensable, fully paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Zofeur’s business purpose. This license does not grant Zofeur the right to sell User Content or otherwise distribute it outside of our Platform.
9.9. Zofeur may from time to time provide you with convenient links to third-party platform(s) as well as other Third-Party Content. These links and/or such content are provided as a courtesy to you and Zofeur has no control over third-party platforms or the content, promotions, materials, information, goods or services available on them. Zofeur is not responsible for any Third-Party Content accessed through the Platform, or products or services offered at such third-party platforms, whether accessed through the Platform or otherwise. If you decide to leave the Platform and access Third-Party Content, you do so at your own risk and you should be aware that the Agreement and other Zofeur policies will no longer apply.
9.10. For avoidance of doubt, the Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Platform and any updates thereto. Zofeur 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.
11.1. You understand that use of the Services will result in Charges. After you have received Driver Services through your use of the Services, you are required to pay the Third–Party Driver Companies, represented by the Driver, the charges you were quoted when you sent the relevant booking request. Zofeur may facilitate your payment of the applicable Charges on behalf of the Third–Party Driver Company through the Platform. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third–Party Driver Company. Charges will be inclusive of VAT where applicable. Charges paid by you are final and non-refundable.
11.2. Zofeur will quote you the Charges, without taking into account any discounts that you may be able to avail of by way of using any Voucher, before making a booking request. The value of the Voucher with the earliest expiry date that you have registered in the Platform before the trip starts will be automatically deducted from the Charges to calculate the amount payable (only to the extent that its value doesn’t exceed the Charge for the trip). The Charge in respect of any trip is payable when the trip commences and is due immediately at the end of a trip.
11.3. You may elect to cancel your request for Driver Services (i) at any time prior to acceptance of the trip being confirmed through the App and (ii) within five minutes of your approval of a booking request being accepted by the relevant Third-Party Driver Company (a “Confirmation”), in each case without incurring a charge. However, if you cancel more than after 5 minutes after Confirmation, that will be treated as a “no-show”, which will be recorded on your profile, and a cancellation charge will be payable.
11.4. If a Driver is more than 20 minutes late, you can cancel your booking without a no-show being recorded or incurring any charges.
11.5. If a Driver has to wait for more than 10 minutes after his arrival at the specified pickup location, he may cancel the booking request; in this case a no-show will be recorded on your profile and a cancellation charge will be payable. If the Driver does not cancel the booking request after 10 minutes, he may charge a waiting charge per minute or part thereof, at the rate specified on the Platform, which shall be in addition to any applicable cancellation or no-show charge in the event of a no show or cancellation after a Driver has waited for you. We will keep track of the average time that a Driver must wait for you after he has arrived at the pickup location (or after the booking time if later).
11.6. Third-Party Driver Companies can filter out future booking requests of passengers with a high no-show percentage and/or high average delay or may decide to charge more than they otherwise would.
11.7. After you have completed a trip booked through the Service, you will have the opportunity to rate your experience and provide additional feedback about the Services as well as the Driver.
11.8. You can pay for your trip in cash, by card, Apple Pay or Google Pay though our App. The card details you are asked to submit will be provided directly to our payment provider via secure connection. You may save your card details in the App, but these are held by Zofeur’s third-party payment providers rather than Zofeur itself. The cardholder must retain a copy of the relevant transaction records. We accept payments online in AED using Visa, MasterCard credit/debit cards and AMEX. After you have paid for a trip, you may be sent a payment receipt on behalf of a Third–Party Driver Company by email (which is not equivalent to a tax invoice). Tax invoices are available through the Platform on request.
11.9. By accepting these Terms, each Client authorizes Zofeur to charge them automatically for any Charges, without the need for any additional notice or consent. The Clients are responsible for providing complete and accurate billing and payment card information to Zofeur and for notifying Zofeur of any changes to such information.
11.10. Any card payments are also governed by the terms and conditions of the respective merchant service provider. Please review the respective merchant service provider’s terms and conditions and privacy policy before entering into any transaction.
12.1. Zofeur retains ownership of all intellectual property rights of any kind related to the Platform and Services, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Services may be the trademarks of other third parties. The Agreement does not transfer from us to you any Zofeur or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us or the relevant third party (as applicable). We reserve all rights that are not expressly granted to you under the Agreement.
12.2. Specifically, Zofeur, Zofeur.com, Zofeur.ae and all other trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Service are trademarks of Zofeur; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Zofeur.
12.3. If you believe that any material located on or linked to the Platform violates your copyright, please notify us. We will terminate a User’s access to and use of the Platform if, under appropriate circumstances, the User is determined to be infringing the copyright or other intellectual property rights of any person.
By becoming a User, you agree to receive communications from us, including via e-mail, text & whatsapp message, calls, and push notifications. For contractual purposes, you (i) consent to receive communications from us in an electronic form via the email, SMS, calls, push notifications or whatsapp message; (ii) undertake to submit a valid and active email address and phone number via the Platform and to ensure that the registered email address and phone number is updated as necessary; and (iii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iv) without prejudice to (i) and (ii) above, you undertake to comply with clause 19.1 in respect of any notification to Zofeur.
14.1. The Services are provided “as is” and “as available.” Zofeur 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, Zofeur 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 or be secure. Zofeur does not guarantee the quality, suitability, safety, or ability of Drivers or Third-Party Driver Companies. Zofeur makes no representation or warranty that the information we provide or that is provided through the Services is accurate, reliable, or correct; that the Services or Driver Services will meet your requirements; that the Services or Driver Services will be available at any particular time or location, that any defects or errors will be corrected; or that the Services or Driver Services are free of computer or technical viruses or other harmful components.
14.2. 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.
15.1. Zofeur is committed to offering own vehicle damage insurance coverage under the following specified conditions:
Should an accident occur where the driver providing Driver Services is established to be at fault (as documented in the police report), coverage for Your own Car damage is provided up to a maximum of AED 200,000 per vehicle. You explicitly agree and confirm that Zofeur is under no obligation to provide any coverage whatsoever for any accident where the driver providing Driver Services is established as not to be at fault (as documented in the police report).
In the event that any own car damage expenses exceed the maximum coverage of AED 200,000 provided by Zofeur, the client's insurance policy will apply for the exceeded expenses. Zofeur's coverage is limited to AED 200,000. Therefore, if the client does not have an insurance policy, they will be solely responsible for any additional expenses beyond this amount.
You explicitly acknowledge and confirm the following explicit coverage exclusions:
Third-party property damage
Pre-existing damages;
Tools of Trade & General liability covered for carried goods/products;
Liability towards any third-party bodily injury and/or death and/or third-party damage; and/or
Loss of use, depreciation, wear and tear mechanical or electrical breakdowns, failures and breakages of Your Car.
You explicitly acknowledge and confirm that in order to profit from the above coverage Your Car is to be repaired at a designated GIG Gulf panel workshop. Zofeur undertakes to provide You with current designated workshop list. Such list might be amended from time to time.
You are aware that the insurance for any damages under this clause is covered by a third-party insurance company, contracted by Zofeur. You explicitly confirm and agree that Zofeur has the unilateral right to amend and/or delete this clause 15.1 at any time.
15.2 Zofeur shall, notwithstanding clause 15.1, 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 Zofeur has been advised of the possibility of such damages. Zofeur shall not be liable for any damage, liability, theft, or loss arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third-Party Driver Company, even if Zofeur has been advised of the possibility of such damages. Zofeur shall not be liable for delay or failure in performance of the Services, any Driver Service, or any part thereof.
15.3. The Services may be used by you to request a driver for Your Car from a Third-Party Driver Company, but you agree that Zofeur has no responsibility or liability to you related to any Driver Services other than as expressly set forth in these terms.
15.4. YOU ARE RESPONSIBLE FOR CLAIMING REIMBURSEMENT OF THE COST OF ANY DAMAGES UNDER THE TERMS OF ANY INSURANCE POLICIES YOU HAVE CONCLUDED. YOU AGREE NOT TO HOLD ZOFEUR LIABLE FOR ANY DAMAGE, LOSS, AND/OR INJURY TO YOUR VEHICLE, PERSONS, OR PROPERTY OTHER THAN EXPLICTLY STATED IN THESE TERMS.
15.5. You agree not to hold any Third-Party Driver Companies, nor any Driver provided by it, liable for any damage, loss, and injury to Your Car, persons, or property where the relevant authorities decided that the Driver was not at fault.
15.6. You agree to safeguard valuable items in Your Car and not to hold Third-Party Driver Companies liable for theft by any Driver provided by them.
15.6. If an Incident/accident occurs, the User should immediately notify Zofeur at contact@zofeur.com, providing as much detail as possible. Zofeur will not accept any complaints if the Incident/accident is reported more than 24 hours after the time at which the Incident/accident occurred.
15.7. The limitations and disclaimer in this clause 15 do not purport to limit liability or alter your rights as a consumer to the extent any such limitations or alterations cannot be excluded under applicable law.
16.1. You agree, notwithstanding clause 15.1 hereinbefore, to indemnify and hold Zofeur and its officers, directors, employees and agents harmless from and against any and all Losses arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services or your violation of the Agreement; (ii) any injury, accident, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused by you as a result of use of any Service or services or goods obtained through your use of the Services; (iii) errors, mistakes, or inaccuracies of your User Content, and/or information available on or through the Platform, or (iv) your unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted by you to or through the Platform, and/or (v) failure or delay in the execution of any transactions through the Platform and/or the Services or, (vi) dispute, conflict or disagreement between Users or a User and a Driver or Third–Party Driver Company in connection with the use of the Services; (vii) failure to ensure that any Driver or Third Party Driver Company is lawfully licensed, registered and/or conducting business (as applicable) in the UAE and maintains the required government approvals to perform the Driver Services.
16.2. You release Zofeur from any and all damages (actual and consequential) and Losses of every kind and nature, arising in connection with any dispute between you and a Driver and/or a Driver or Third-Party Driver Company.
16.3. The Client agrees that Zofeur and each Driver and/or Third-Party Driver Company jointly and severally have the power to file and pursue lawsuits against the Client in respect of any claims, demands, actions, Losses, damages, fines, charges, liabilities, costs, and expenses which have been suffered or incurred by Zofeur and/or a Driver or Third-Party Driver Company, directly or indirectly, and that have been caused by the Client as a result of the Client’s use of any Service and/or Driver Service.
16.4. The Client further agrees that, in the event a Driver or Third–Party Driver Company obtains a court judgment in its favour in respect of a lawsuit filed against Zofeur in relation to any Losses which have been caused by the Client, we shall be entitled to file a lawsuit against the Client and recover any amount that we had to pay to the relevant Driver or Third-Party Driver Company as a result of the original lawsuit filed against us by the relevant Driver or Third-Party Driver Company.
16.5. You agree that in no event will Zofeur be liable, responsible or otherwise, to you or to third parties for any damages or Losses that may arise from (i) the failure, interruption or disruption of any service to maintain your access to the Platform or the Services, regardless of whether the service is provided by Zofeur or a third party or (ii) the quality, accuracy, timeliness, speed, reliability, performance of any Driver Service and/or the Platform, completeness or delays, breach, omissions, or interruptions in the delivery of any Driver Service (including without limitation any breach by a Driver or Third-Party Driver Company of any obligation) or (iii) errors, mistakes, or inaccuracies of any Content and/or information available on or through the Platform, or (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, and/or (v) any failure or delay in the execution of any transactions through the Platform and/or the Services or, (vi) any dispute, conflict or disagreement between Users or Users and a Driver or Third-Party Driver Company in connection with any Services, Driver Services or cancellation of any Confirmed Booking; and (vii) any refund, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues or otherwise that may occur to a Client as a result of use of any Driver Service.
17.1. If you wish to terminate the Agreement, you may simply discontinue using the Platform. If you wish to delete your Account data, please contact us at contact@zofeur.com or via the Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and, following request, we will delete your full profile to the extent possible (if applicable).
17.2. We may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately.
17.3. All provisions of the Agreement which by their nature should survive termination will survive termination, including, without limitation, clauses 5.4, 9.5, 15, 16, 17, 18 and 19 and any other warranty disclaimers, indemnities and limitations of liability.
18.1. This Agreement and any access to or use of the Platform or the Services are governed by the laws of the United Arab Emirates as applied by the Courts of Dubai.
18.2. Zofeur and any User will each endeavour to amicably settle any dispute which may arise in connection with the Agreement or any Service (a “Dispute”). In the event that amicable settlement is not possible in connection with a Dispute, the Courts of Dubai shall have exclusive jurisdiction to settle the same.
Notice
19.1. Zofeur may deliver any notices to you by means of electronic mail to the email address specified in connection with your Account or by each of electronic notifications through the Platform. You must deliver any notices to Zofeur by means of electronic mail to contact@zofeur.com
General
19.2. You may not assign or transfer its rights and/or obligations under the Agreement in whole or in part without Zofeur’s prior written approval. You agree that Zofeur may assign or transfer its rights and/or obligations under the Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) any person or group of persons acquiring shares in Zofeur or Zofeur’s business or assets (or any part thereof); or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Zofeur, any Driver and/or any Third-Party Driver Company as a result of the contract between you and Zofeur or use of the Services.
19.3. If any provision of the 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 the Agreement, but the legality, validity and enforceability of the other provisions in the 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 the Agreement. The Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
Interpretation
19.4. Headings and captions in the Agreement are for convenience only and in no way define or describe the scope or content of any provision of the Agreement.
19.5. Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders.
19.6. The words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision, clause or section.
19.7. The words “including” and “include” mean “including, but not limited to.”
Contact us
19.8. If you have any questions, comments and requests related to the Agreement or any part of the Services, please contact us at contact@zofeur.com
You acknowledge that you have read, understood, and accepted to be bound by these Terms.
