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GENERAL TERMS OF SERVICE

DABA GO GENERAL TERMS OF SERVICE FOR iOS AND ANDROID APPS AND WEBSITE

These Terms were last updated on 10 July 2020.

  1. Acceptance of the General Terms of Service. These general terms of service (the “Terms”) set out the agreement between you and DABA GO SARL (“Daba’Go”, “Daba Go” “we”, “us” 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 website XXX(the “Site”) and the Daba’Go application.

 

For the purposes of these Terms, both the Site and application shall be referred to as the “App”; and any transportation that you can book by clicking through the Daba’Go App to open a third-party app (for example, Kapten or Uber) shall be referred to as a “Deeplink Affiliate Ride”.

 

By using the App, you agree to be bound by these Terms. If you do not agree to any part of these Terms, do not use the App. By using Deeplink Affiliate Ride, you will also be subject to the terms of the relevant third-party transportation provider.

 

Privacy. Your access to and use of the App is also subject to our Privacy Policy. By accepting these Terms of Service, you also confirm that you have reviewed and understand our Privacy Policy, and you acknowledge that any information shared by, or collected from or about, you may be used by Daba Go in accordance with our Privacy Policy, as it is updated or changed from time to time.

 

If you are between 13 and 18 years old, you represent and agree that you have the legal consent of your parent or guardian to access and use the App. Note that if you are under 13 years old, you may not use or access the App by yourself in any manner. If you are a parent or guardian of a minor who has registered for or used the App without your consent, please contact us at [email protected].

 

You understand and agree that we may change these Terms at any time without prior notice. The revised Terms will become effective upon posting to the App. Any use of the App after such date shall constitute your acceptance of such revised Terms. If any change to these Terms is not acceptable to you, your sole remedy is to stop accessing, browsing, and otherwise using the App.

 

  1. 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 make sure that the data is correct and up to date, but we cannot guarantee that it will always be. Journey times are only estimating, as actual timings depend on many factors outside our control. Accordingly, we do not accept any liability for any error or omission in the information available or the recommendations made through the App, and we exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of income, profit, opportunity or time) as a result of relying on any information available through the App.

 

  1. App maintenance. Making the App reliable and enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance. We will aim to do so at what we anticipate will be non-peak times.

 

  1. Promotions and Promotional Codes. We may, in our sole discretion, run promotions and create promotional or referral codes that can be redeemed for riding Deeplink Affiliate Ride, subject to additional terms we or the Native Booking Affiliate Ride Provider or Deeplink Affiliate Ride Provider may establish on a per-promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience 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 to a public form or otherwise); (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used in accordance with the terms that we establish for such Promo Codes; (v) are not exchangeable for cash; and (vi) may expire prior to being used. If we believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms, we reserve the right to withhold or deduct credits or other benefits obtained using those Promo Codes.

 

  1. Account security. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. Because you will be responsible for all activity that happens under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of your Daba Go account, and to protect the confidentiality of your log-in information and of any device that you use to access the App. You agree to let us know immediately if there is a breach in secrecy of your log-in information by notifying us at: [email protected]. You will be solely responsible for any losses incurred by us and others due to any unauthorized use of your account.

 

  1. Intellectual Property. The App and Deeplink Affiliate Ride contain material, including but not limited to software, text, graphics and images (collectively referred to as the “Daba Go Content”). We may own the Daba Go Content or portions of the Daba Go Content may be made available to us through agreements that we have with third parties.

 

Unauthorized use of the Daba Go Content may result in violation of copyright, trademark, and other laws. You have no right in or to the Daba Go Content, and you will not use, copy or display the 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, license, sublicense, or modify the Daba Go Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Daba Go Content in any way for any public or commercial purpose. The use or posting of any of the Daba Go Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use of the Daba Go Content and App shall automatically terminate and you shall immediately destroy any copies you have made of the Daba Go Content.

 

The trademarks, service marks, and logos of Daba Go (“Daba Go Trademarks”) used and displayed in the App and Deeplink Affiliate Ride are registered and unregistered trademarks or service marks of Daba Go. Other company, product, and service names located in the App may be trademarks or service marks owned by third parties (“Third-Party Trademarks”, and, collectively with Daba Go Trademarks, “Trademarks”). Nothing in the App or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in the App without the prior written consent of Daba Go specific for each such use. The Trademarks may not be used to disparage Daba Go or the applicable third-party, Daba Go’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without Daba Go’s prior written consent. All goodwill generated from the use of any Daba Go Trademark shall inure to Daba Go’s benefit.

 

You agree not to: (a) take any action that imposes an unreasonable load on the App’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted in the App, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the App, (d) delete or alter any material posted on the App by Daba Go or any other person or entity, or (e) frame or link to any of the materials or information available on the App other than via the official API.

 

Certain elements of the App are protected by trade dress, 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 framing or mirrors. None of the Daba Go Content or Submissions for the App may be retransmitted without the express written consent from Daba Go for each and every instance.

 

  1. User-generated content. Daba Go does not claim ownership of any text, images, photos, video, sounds or any other materials (collectively, to Daba Go a non-exclusive, royalty-free, worldwide and irrevocable license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Submissions, including without limitation for promoting and redistributing part or all of the Daba Go application (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). Daba Go can continue to use your Submissions in these ways if you cease to use the Daba’Go Ap. You further agree that Daba Go has the right to delete or otherwise edit any Submissions that you post to the Daba Go App at its sole discretion.

 

  1. Daba Go, its affiliates and our respective officers, directors, employees, agents, suppliers, or licensors (collectively, “Daba Go Parties”) make no warranties or representations about the content of the App and the underlying software, including but not limited to its accuracy, reliability, completeness or timeliness. Daba Go Parties shall not be subject to liability for the truth, accuracy or completeness of the content or any other information conveyed to the user, or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the App and the Content at your own risk.

 

Whilst Daba Go will monitor the App and aim to fix bugs that it spots or that are made known to us, Daba Go Parties do not warrant that the App or underlying software will operate error free or that the App, its server, or the content are free of computer viruses or bugs or similar contamination or destructive features. If your use of the App or the content results in the need for servicing or replacing equipment or data, no Daba Go Party shall be responsible for those costs.

 

The App and Content are provided on an “as is” and “as available” basis without any warranties of any kind. Daba Go Parties disclaim all warranties, whether express or implied, and including, but not limited to, merchantability, non-infringement of third-party rights, and fitness for particular purpose.

 

  1. Limitation on Liability. In no event shall any Daba Go Party be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the App, the information contained in the App, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if a Daba Go Party has been advised of the possibility of such damages.

 

Some states and countries do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states or countries, the liability of Daba Go Parties resulting from the use or inability to use the App or the information contained in the App shall be limited to the greatest extent permitted by law.

 

We are not liable to you for any losses, damages or injury that result from your use of Deeplink Affiliate Ride (including any loss of profit, loss of business, business interruption, or loss of business opportunity). You must seek remedy from the relevant third- party transportation provider.

 

To clarify, we do not limit or exclude our liability:

  • for personal injury or death resulting from our negligence;
  • for fraud or fraudulent misrepresentation; or
  • to the extent 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 failure to carry out our obligations under these Terms, where such failure is due to an event that is outside our control, which includes but is not limited to unforeseen traffic delays, fire, flood, storm, riot, strike, civil disturbance, war, nuclear accident or terrorist activity.

  1. You agree to defend, indemnify, and hold harmless Daba Go Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Daba Go Content, the User Content and/or the App. Daba Go shall provide notice to you of any such claim, suit, or proceeding. Citymapper reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Daba Go defense of such matter.

 

  1. Third-Party Websites. Hypertext links in the App may lead to websites that are not under, operated and/or controlled by Daba Go. Daba Go accepts no responsibility or liability in respect of the material on any website which is not operated and/or controlled by Daba Go.

 

  1. 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 any part of the App or the Daba Go Content at any time and for any reason without prior notice or liability. Daba Go reserves the right to change, suspend, or discontinue all or any part of the App or the Citymapper Content (including User Content) at any time without prior notice or liability. The following sections of the Terms will survive the termination or expiration of these Terms: 5, 6, 8, 9, 10 and 13.

 

  1. Law and Jurisdiction. These Terms will be governed by Moroccan law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of Morocco.

 

  1. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure of Daba Go to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Daba Go unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Daba Go and you, these Terms constitute the entire agreement between you and Daba Go with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.