These conditions were last updated on July 10, 2020.
1. Acceptance of the General Conditions of Service
Acceptance of the Terms of Service. These Terms of Service (the “Terms”) establish the agreement between you and DABA GO SARL (“Daba’Go”, “Daba Go” and “our”), a company registered in Morocco under company number 002330015000012 with registered office at 10, Rue Liberte Etg3 N5 Casablanca, Morocco. Daba Go operates the XXX website (the “Site”) and the Daba’Go application.
For the purposes of these terms, the site and application are referred to as the “Application”; and any transport that you may book by clicking on the Daba’Go Application to open a third-party application (for example, Kapten or Uber) must be referred to as a Deeplink Affiliate Ride.
En utilisant l’Application, vous acceptez d’être lié par ces Conditions. Si vous n’acceptez aucune partie de ces Conditions, n’utilisez pas l’Application. En utilisant Deeplink Affiliate Ride, vous serez également soumis aux conditions du fournisseur de transport tiers concerné.
By using the Application, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not use the Application. By using Deeplink Affiliate Ride, you will also be subject to the terms and conditions of the relevant third-party transportation provider.
If you are between the ages of 13 and 18, you represent and agree to have the legal consent of your parent or guardian to access and use the App. Note that if you are under 13 years of age, you may not use or access the Application on your own in any way. If you are the parent or guardian of a minor who registered or used the application without your consent, please contact us at [email protected].
You understand and agree that we may change these Terms at any time without notice. The revised Terms will take effect upon posting on the application. Any use of the application after this date constitutes your acceptance of these revised Terms. If a change to these Terms is not acceptable to you, your only remedy is to stop accessing, browsing and using the Application.
2. Information and uncertainties
The information may not always be accurate. We use third parties, such as transport agencies, Apple, Google, OpenStreetMap and Foursquare to provide data on which the App’s transport information and recommendations are based. We and our data providers try to ensure that the data is correct and up to date, but we cannot guarantee that it will always be. Travel times are only estimates, as actual times depend on many factors beyond our control.
Therefore, we accept no responsibility for any error or omission in the available information or recommendations made by the Application, and we exclude any liability for any action you may take or loss or damage you may suffer (direct or indirect, including loss of income, profit, opportunity or time) after relying on any information available through the Application.
3. Application Maintenance
Maintenance of the Application. Making the Application reliable and enjoyable means we need to fix bugs, install updates, and do general diagnostics and maintenance. We will try to do that in what we anticipate will not be a peak period.
4. Promotions and Promotional Codes
Promotions and promotional codes. We may, at our sole discretion, execute promotions and create promotional or reference codes that may be redeemed to use a Deeplink Affiliate Ride, subject to additional terms and conditions that we or Deeplink Affiliate Ride Provider may establish on a per-promotion (“Promo Codes”) basis.
You agree that promo codes: (i) shall be used for the public and purpose, and in a lawful manner; (ii) may not be copied, sold or transferred in any way or made available to the general public (by posting a public form or otherwise); iii) may be deactivated by us at any time for any reason without liability to us; iv) may only be used in accordance with the terms we establish for these Promo Codes; v) shall not be redeemable for money; and vi) may expire before use. If we believe that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the terms and conditions of the Promo Code or these Terms, we reserve the right to withhold or deduct credits or other benefits obtained through the use of these Promo Codes.
5. Account Security
Account security. Your account is personal to you, and you cannot share your account information with a third party or allow access to your account. As you will be responsible for all activities that take place under your access credentials, you agree to use reasonable efforts to prevent unauthorized access or use of your Daba Go account, and to protect the privacy of your login information and any device you use to access the application.
You agree to let us know immediately if there is a breach of the confidentiality of your login information by informing us at: [email protected]. You will be solely responsible for any losses incurred by us and others as a result of any unauthorized use of your account.
6. Intellectual Property
Intellectual property. The Application and Deeplink Affiliate Ride contain hardware, including but not limited to software, text, graphics and images (collectively referred to as “Daba Go Content”). It is possible to own Daba Go Content or portions of Daba Go Content may be made available through agreements we have with third parties.
Unauthorized use of the Daba Go Content may result in infringement of copyright, trademark and other laws. You have no rights in or to Daba Go Content, and you will not use, copy or display Daba Go Content, except as permitted under these Terms. No other use is permitted without our prior written consent.
You must retain all copyright and other proprietary notices contained in the original Daba Go Content on any copy you make of the Daba Go Content. You may not sell, transfer, assign, sublicense, or modify Daba Go Content or reproduce, display, publicly execute, make a derivative of, distribute or otherwise use Daba Go Content in any manner for public or commercial purposes.
The use or display of any Daba Go Content on any other website or in a networked computing environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Daba Go Content and Application will automatically terminate and you will immediately destroy all copies of the Daba Go Content you made.
The trademarks, service marks and logos of Daba Go (“Daba Go Trademarks”) used and displayed in the application and Deeplink Affiliate Ride are registered and unregistered trademarks or service marks of Daba Go. Other company names, products and services located in the Application may be trademarks or service marks held by third parties (“Third Party Marks” and, collectively with Daba Go Trademarks, “Trademarks”).
Nothing in the Application or in these Terms shall be interpreted as implicitly granting estoppel, or otherwise, any license or right to use a mark displayed in the application without the specific written consent of Daba Go for each such use. Marks may not be used to denigrate Daba Go or the products or services of Daba Go or applicable third parties, or in any manner (using commercially reasonable judgment) that may adversely affect any goodwill of the marks.
The use of all trademarks in connection with a link to or from a website is prohibited without the prior written consent of Daba Go. Any goodwill generated by the use of a Daba Go brand must benefit Daba Go.
User conditions on trademarks
You agree not to: a) take any action that imposes an unreasonable burden on the infrastructure of the Application, b) use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Application or any activity carried out in the Application, c) attempt to decrypt, decompile, disassemble or reverse any of the software comprising or composing the Application, (d) delete or modify any material displayed on the Application by Daba Go or any other person or entity, or (e) frame or link to any of the materials or information available on the Application or through the official API.
Certain elements of the Application are protected by commercial apparel, trademark, unfair competition and other local laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of frames or mirrors. None of the Daba Go Content or Submissions for the Application may be retransmitted without the express written consent of Daba Go for each proceeding.
7. User Generated Content
User generated content. Daba Go does not claim ownership of text, image, photo, video, sound or other documents (collectively, to Daba Go a non-exclusive, royalty-free, worldwide and irrevocable license to use, modify, delete, add to, publicly perform, publicly display, reproduce and translate such submissions, including without limitation for the promotion and redistribution of part or all of the Daba’Go application (and derivative works thereof) in all media formats and through all channels (including works derived, without limitation, from websites and third-party flows).
Daba Go can continue to use your submissions this way if you stop using the Daba’Go Application. You further agree that Daba Go has the right to delete or otherwise modify any submissions you post on the Daba’Go Application in its sole discretion.
8. Responsibility for the content of the application
Daba Go, its affiliates and our respective officers, directors, employees, agents, suppliers or licensors (collectively, “Daba Go Parties”) make no warranty or representation on the content of the Application and the Sub-Softwareunderlying, including, but not limited to, its accuracy, reliability, completeness or timeliness. The Daba Go Parties are not liable for the veracity, accuracy or completeness of the content or any other information transmitted to the user, or for errors or omissions, or for delays or interruptions in data or information from any cause whatsoever. You agree that you use the Application and the Content at your own risk.
While Daba Go will monitor the Application and aim to fix bugs it finds or that are made known to us, the Daba Go Parties do not guarantee that the Application or the underlying software will work without error or that the Application, its server or the Content are free from computer viruses or bugs or similar contamination or destructive features. If your use of the Application or the Content results in the need to maintain or replace the equipment or data, no Daba Go Party will be responsible for these costs.
The Application and Content are provided on an “as is” and “available” basis without any warranty of any kind. The Daba Go Parties reject all warranties, whether express or implied, including, but not limited to, merchantability, non-violation of third-party rights and fitness for a particular purpose.
9. Limitation of Responsability
Limitation of responsability. Under no circumstances will a Daba Go Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, loss of profits or damages resulting from data loss or business interruption) resulting from the use or inability to use the Application, the information contained in the Application, whether on the basis of warranty, contract, tort (including negligence), or any other legal theory, even if a Daba Go Party has been informed of the possibility of such damage.
Some States and Countries do not allow the exclusion of implied warranties or limitation of liability for incidental damages or consequential damages, so the above limitations or exclusions may not apply to you. In these States or countries, the liability of the Daba Go Parties resulting from the use or inability to use the application or the information contained in the application is limited to the extent most permitted by law.
Utilisation Deeplink Affiliate Ride
We are not liable to you for any loss, damage or injury resulting from your use of Deeplink Affiliate Ride (including any loss of profit, business loss, business interruption, or loss of business opportunity). You must request repair from the relevant third-party transport provider.
To clarify, we do not limit or exclude our liability:
- for bodily injury or death resulting from our negligence;
- for fraud or fraudulent misrepresentation; or
- to the extent that our liability cannot be limited or excluded under the Consumer Rights Act, 2015 or any other applicable law.
We will not be liable to you for failing to meet our obligations under these Terms, where such failure is due to an event that is beyond our control, which includes, but is not limited to unforeseen traffic delays, fire, flood, storm, riot, strike, civil disruption, war, nuclear accident or terrorist activity.
10. Terms and Use violation policy
You agree to defend and indemnify the DabaGo Parties against any claim, action or demand, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your breach of these Terms or your access, Misuse or misuse of Daba Go Content, User Content and/or the Application.
Daba Go will provide you with a notice of any such claim, suit or proceeding. Daba Go reserves the right to assume exclusive defence and control of any matter that is subject to compensation under this section. In this case, you agree to cooperate with any reasonable request for assistance in Daba Go’s defence of such a case.
11. Third Party Websites
Third party websites. Hyperlinks in the application may lead to websites that are not under, operated and/or controlled by Daba Go. Daba Go accepts no responsibility for the Material on any website that is not operated and/or controlled by Daba Go.
12. Termination of Terms
Termination of these terms. Daba Go reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms and your access to all or part of the Application or the Daba Go Content at any time and for any reason without notice or liability. Daba Go reserves the right to modify, suspend or discontinue all or part of the Application or Daba Go Content (including User Content) at any time without notice or liability. The following sections of the Terms will survive the termination or expiry of these Terms: 5, 6, 8, 9, 10 and 13.
13. Law and Jurisdiction
Law and Jurisdiction. These Terms shall be governed by Moroccan Law. Any dispute arising out of or related to these conditions is subject to the non-exclusive jurisdiction of the courts of Morocco.
14. DabaGo Law and General Conditions
If any provision of these Terms is found to be invalid by a court having competent jurisdiction, the invalidity of that provision does not affect the validity of the remaining provisions of these Terms, which remain in force. The fact that DabaGo does not act or enforce any provision of these Terms shall not be construed as a waiver of this provision or any other provision of these Terms.
No waiver will be effective against Daba Go unless made in writing, and no such waiver will be interpreted as a waiver in any other case or in any subsequent case. Unless you and Daba Go expressly agree, these Terms constitute the complete agreement between you and Daba Go with respect to the subject matter, and supersede all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
Section headers are provided for convenience only and should not be imported by law. These Terms shall be inundated for the benefit of our successors, assigns, licensees and sub-licenses.