Motor derash Terms & Conditions Summary

1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by MOTOR DERASH, a private limited liability company established in Ethiopia,

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MOTOR DERASH. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MOTOR DERASH may immediately terminate these Terms or any Services for you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to and shall be deemed a part of, the Terms for the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict for the applicable Services.

MOTOR DERASH may amend the Terms related to the Services from time to time. Amendments will be effective upon MOTOR DERASH’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in MOTOR DERASH’s Privacy Policy. MOTOR DERASH may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of MOTOR DERASH’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation of people with a two-wheel motor vehicle and/or send or receive items that the vehicle can and able to transport with independent third party providers of such services, including independent third-party transportation providers with owners of two-wheel motor vehicles under agreement with MOTOR DERASH or certain of MOTOR DERASH’s affiliates (“Third Party Providers”). Unless otherwise agreed by MOTOR DERASH in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT MOTOR DERASH DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES, OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS (owners of two-wheel motor vehicle owners) WHO ARE NOT EMPLOYED BY MOTOR DERASH.

License

Subject to your compliance with these Terms, MOTOR DERASH, grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to (i) access and use the Applications on your 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, noncommercial use. Any rights not expressly granted herein are reserved by MOTOR DERASH and MOTOR DERASH’s licensors.

Restrictions

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

Provision of the Services.

You acknowledge that portions of the Services may be made available under MOTOR DERASH’s various brands or request options associated with transportation or logistics, including the transportation request brands. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of MOTOR DERASH’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

Third-Party Services and Content.

The Services may be made available or accessed in connection with third-party services and content (including advertising) that MOTOR DERASH 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. MOTOR DERASH does not endorse such third party services and content and in no event shall MOTOR DERASH be responsible or liable for any products or services of such third party providers. Additionally, SMS service providers for account validation. Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms outlined in the applicable third-party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain MOTOR DERASH’s property or the property of MOTOR DERASH’s licensors. Neither these Terms nor your use of the Services conveys or grant to you any rights: (i) in or related to the Services, except for the limited license granted above; or (ii) to use or reference in any manner MOTOR DERASH’s company names, logos, product and service names, trademarks or services marks or those of MOTOR DERASH’s licensors.

3. Your Use of the Services

User Accounts.

To use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to MOTOR DERASH certain personal information, such as your name, address, mobile phone number and age. 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 Services or MOTOR DERASH’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MOTOR DERASH in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account(unless government-issued terms are signed with the owner of the vehicle and presented to MOTOR DERASH). You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging

By creating an account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from MOTOR DERASH at any time by sending an email indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

MOTOR DERASH may, in MOTOR DERASH’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to MOTOR DERASH through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content To MOTOR DERASH, you grant MOTOR DERASH a worldwide, perpetual, irrevocable, transferrable, 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 MOTOR DERASH’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.

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 MOTOR DERASH the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor MOTOR DERASH’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.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MOTOR DERASH in its sole discretion, whether or not such material may be protected by law. MOTOR DERASH may, but shall not be obligated to, review, monitor, or remove User Content, at MOTOR DERASH’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s 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 Applications and any updates thereto. MOTOR DERASH does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Also, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Repair or Cleaning Fees.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account over normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). If a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by MOTOR DERASH in MOTOR DERASH’s reasonable discretion, MOTOR DERASH reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by MOTOR DERASH to the applicable Third Party Provider and are non-refundable.

4. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOTOR DERASH 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. ALSO, MOTOR DERASH 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. MOTOR DERASH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

MOTOR DERASH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MOTOR DERASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOTOR DERASH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES, 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 PROVIDER, EVEN IF MOTOR DERASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOTOR DERASH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOTOR DERASH’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

DRIVERS ARE LIABLE FOR ANY ACCIDENTS OR INCIDENTS THAT MAY OCCUR. WE JUST PROVIDE THE PLATFORM FOR RIDERS AND DRIVERS, BUT WE ARE NOT RESPONSIBLE FOR ANY INCIDENTS. DRIVERS AND RIDERS HAVE TO BE RESPONSIBLE FOR THEIR ACTIONS.

MOTOR DERASH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MOTOR DERASH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY OUTLINED in THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

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

5. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to MOTOR DERASH’s. Please visit MOTOR DERASH’s web page www.motorderash.com for the designated address and additional information.

  • All drivers are screened, registered and documented
  • All vehicles are inspected by MOTOR DERASH Team on top of state inspection
  • MOTOR DERASH maintains a zero-tolerance for drug and alcohol policy for our drivers
  • Two way Rating system: Riders and drivers rate each other after every ride to make sure both sides are respectful toward each other
  • We require proof of insurance for every vehicle operated under our system.

Notice.

MOTOR DERASH may give notice using a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as outlined in your Account

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

BY DOWNLOADING AND USING OUR APPLICATION AND SERVICE, YOU HEREBY ADHERE AND AGREE TO BE BOUND BY ALL OUR TERMS AND CONDITIONS.