Captain
Last Modified: July 23 2022
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING THE CAPTAIN APPLICATION AND/OR USING OUR WEBSITE AND/OR SERVICE. The CAPTAIN Terms and Conditions (“User Terms”) constitute a legally binding agreement between CAPTAIN Technologies, Inc. (“CAPTAIN” “we”, “us”, or “our”), the owner and operator of the www.CAPTAINAPP.com website and its related software application and platform (hereafter, collectively referred to as the “CAPTAIN Service”) and you (“you” or “your”), the user of the CAPTAIN Service. BY USING THE CAPTAIN SERVICE IN ANY FORM OR FASHION (INCLUDING, WITHOUT LIMITATION, NAVIGATING THECAPTAIN.APP OR UTILIZING THE CAPTAIN MOBILE APPLICATION), YOU ACKNOWLEDGE AND AGREE TO THESE USER TERMS, AND CAPTAIN PRIVACY POLICY, WHICH CAN BE FOUND AT HTTP://WWW.CAPTAINAPP.COM/PRIVACY-POLICY/ AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT USE THE CAPTAIN SERVICE. THE USER TERMS ARE INTENDED FOR ALL USERS OF THE CAPTAIN SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
CAPTAIN provides an online platform whereby users can connect with vendors and independent drivers who offer limousine services (hereafter, “Providers”). Users can access the CAPTAIN Service through the use of the CAPTAIN. CAPTAIN makes no representations, warranties or guarantees regarding any content or information provided by users or Providers. CAPTAIN has customer information and privacy policies as set forth in its Privacy Policy thecaptain.app/privacy-policy, which is fully incorporated herein by reference.
Registration with the CAPTAIN Service is subject to the following additional terms and conditions: (a) Eligibility: By registering with CAPTAIN, you represent and warrant that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, and credit card or financial account payment information is completely accurate and truthful. CAPTAIN may, in our sole discretion, refuse to offer access to or use of the CAPTAIN Services to any party and change the eligibility criteria at any time. By registering with CAPTAIN, you represent that if you are an individual, you are of legal age to enter into a binding contract and that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the CAPTAIN Service. (b) Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify CAPTAIN of any unauthorized use of your password or any breach of security. You also agree that CAPTAIN shall not be liable for any loss or damage arising from your failure to keep your password secure. (c) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as well as all other operating rules, policies and procedures that may be published from time to time via the CAPTAIN Service, each of which is incorporated herein by reference and each of which may be updated by CAPTAIN from time to time without notice to you.
The CAPTAIN Service offers you to get an limousine services.
Once you select a service, please note the following:PAYMENT POLICY: You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, CAPTAIN will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by CAPTAIN. All Charges are due immediately and payment will be facilitated by CAPTAIN using the preferred payment method designated in your Account.As between you and CAPTAIN, CAPTAIN reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in CAPTAIN’s sole discretion. May elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. CANCELLATION If you ever change your mind, or your circumstances change, you can simply cancel the ride. So if a booking is cancelled after a Service Provider has been assigned, we need to compensate them. – If cancellation occurs within 1 minute of booking, there will be no cancellation fee. – Between 1 minute of booking and the Service provider arriving at your location, the cancellation fee will be the minimum fare. Cancellation Fee: 8 QAR.
By using the CAPTAIN Services, you agree to the following restrictions on your use of the CAPTAIN Service: You warrant that the information you provide to CAPTAIN is accurate and complete. CAPTAIN is entitled at all times to verify the information that you have provided and to refuse the CAPTAIN Service for any reason or no reason. You may only access the CAPTAIN Service using authorized means.
CAPTAIN is not liable if you do not have a compatible mobile device. CAPTAIN reserves the right to terminate the CAPTAIN Service should you attempt to access the CAPTAIN Service with an incompatible or unauthorized device. You will only use the CAPTAIN Service for your sole, personal use and will not resell it to a third party; You will not authorize others to use your account; You will not assign or otherwise transfer your account to any other person or legal entity; You will not use an account that is subject to any rights of a person other than you without appropriate authorization; You will not use the CAPTAIN Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes; You will not use the CAPTAIN Service to cause nuisance, annoyance or inconvenience; You will not try to harm the CAPTAIN Service or impair the proper operation of any related network, platform or application in any way whatsoever; You will not copy, or distribute the CAPTAIN Service or any portion or feature thereof without advance written permission from CAPTAIN;
You will keep secure and confidential your account password or any identification we provide you which allows access to the CAPTAIN Service; You will provide us with whatever proof of identity we may reasonably request; You are aware that when requesting services by SMS if available in your jurisdiction), standard messaging charges will apply; You will not use the CAPTAIN Service with an incompatible or unauthorized; You will comply with all applicable laws and regulations while using the CAPTAIN Service. CAPTAIN reserves the right to immediately Terminate the CAPTAIN Service should you not comply with any of the foregoing. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service. CAPTAIN reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the foregoing.
CAPTAIN is not an employment service and does not serve as an employer of any user of the CAPTAIN Service or Provider. CAPTAIN is not liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with any use of the CAPTAIN Service or Provider’s services.
No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these User Terms. Without limiting the foregoing, except as expressly set forth herein, CAPTAIN is not acting and does not act as an agent or broker for any users, Providers, or any other user of the CAPTAIN Service.
By using the CAPTAIN Service, you agree that you shall defend, indemnify and hold CAPTAIN, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Providers arranged via the CAPTAIN Service, or (c) your use or misuse of the CAPTAIN Service.
BY USING THE CAPTAIN SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT CAPTAIN AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THE CAPTAIN SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE CAPTAIN SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THE CAPTAIN SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE CAPTAIN SERVICE, (c) YOUR FAILURE TO PROVIDE CAPTAIN WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THE CAPTAIN SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN CAPTAIN. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
The information, recommendations and/or services provided to you on or through the CAPTAIN Service is for general informational purposes only and does not constitute advice. CAPTAIN does not guarantee continuous, uninterrupted access to the CAPTAIN Service. Although CAPTAIN attempts to maintain the integrity and accuracy of the information accessible through the CAPTAIN Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the CAPTAIN Service may contain typographical errors, inaccuracies, or other errors or omissions. CAPTAIN cannot and does not guarantee that (the contents of) the CAPTAIN Services (including the CAPTAINAPP.com website and the CAPTAIN mobile application) are free of errors, defects, malware and viruses. CAPTAIN reserves the right to cancel any payment, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product or service description or other error. If we do cancel a payment, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy. The quality of the services requested through the use of the CAPTAIN Service is entirely the responsibility of the Provider who ultimately provides such services to you. CAPTAIN under no circumstance accepts liability in connection with and/or arising from the services provided by the Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Provider and you hereby agree to release CAPTAIN from all liability and claims arising from the foregoing. Any complaints about the services provided by the Provider should therefore be submitted to the Provider.
CAPTAIN AND ITS AFFILIATES PROVIDE THE CAPTAIN SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CAPTAIN SERVICE IS AT YOUR SOLE RISK AND THAT CAPTAIN AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE CAPTAIN SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE CAPTAIN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE CAPTAIN SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE CAPTAIN SERVICE WILL BE CORRECTED. CAPTAIN AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CAPTAIN OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Pets not allowed.
For purposes of these User Terms, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the CAPTAIN mobile application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials
“CAPTAIN Content” means Content owned or used by CAPTAIN, its affiliates or licensors and made available through the CAPTAIN Service (including the CAPTAINAPP.com website and CAPTAIN mobile application), including any Content licensed from a third party, but excluding User Content. “User Content” means Content that a CAPTAIN user posts, uploads, publishes, submits or transmits to be made available on the CAPTAIN website or through the CAPTAIN Service. “Collective Content” means, collectively, CAPTAIN Content and User Content. Subject to your compliance with these User Terms, CAPTAIN grants you a limited, non-exclusive, non-transferable license: to view, download and print any CAPTAIN Content solely for your personal and non-commercial purposes; and to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the CAPTAIN Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of CAPTAIN. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CAPTAIN or its licensors, except for the licenses and rights expressly granted in these User Terms.
We may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content on the CAPTAIN Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, CAPTAIN shall have the right and you hereby grant CAPTAIN the non-exclusive, royalty-free, perpetual right to use, copy, publicly display, publicly perform, modify, create derivative works of and otherwise use or exploit, for any purpose, in any medium and throughout the world, any Content that you post, upload, publish, submit or transmit to be made available on the CAPTAIN website or through the CAPTAIN Service (“License Grant”).
You represent and warrant that any Content posted or transmitted by you does not and will not infringe any third party rights, including any intellectual property rights, rights of privacy or personality rights and does not contain any defamatory content. Furthermore, you represent and warrant that you have obtained all necessary permission to post any such Content and to grant CAPTAIN the rights granted in the License Grant without restriction. You acknowledge that CAPTAIN only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. CAPTAIN does not continuously monitor User Content published by you or any other user or moderate between users and CAPTAIN is under no obligation to do so.
Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of CAPTAIN. Any use by you of the User Content is entirely at your own risk. You agree to indemnify and hold harmless CAPTAIN, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by CAPTAIN or its affiliated companies related to any Content posted or transmitted by you or your other use of the CAPTAIN Service. CAPTAIN reserves the right at its sole discretion to block or remove (in whole or in part) any User Content which CAPTAIN believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to CAPTAIN.
Subject to your compliance with these User Terms, CAPTAIN grants you a limited non-exclusive, non-transferable license to use the CAPTAIN mobile application and to access the CAPTAIN Service via a single mobile device that you own or control and to run such copy of CAPTAIN mobile application solely for your own personal use. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the CAPTAIN mobile application in any way; (ii) modify or make derivative works based upon the CAPTAIN Service or CAPTAIN mobile application; (iii) create Internet “links” to the Service or “frame” or “mirror” the CAPTAIN mobile application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the CAPTAIN mobile application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the CAPTAIN Service or CAPTAIN mobile application, or (c) copy any ideas, features, functions or graphics of the CAPTAIN Service or CAPTAIN mobile application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the CAPTAIN Service or CAPTAIN mobile application. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the CAPTAIN Service or the data contained therein; or (v) attempt to gain unauthorized access to the CAPTAIN Service or its related systems or networks. CAPTAIN will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CAPTAIN may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that CAPTAIN has no obligation to monitor your access to or use of the CAPTAIN Service or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the CAPTAIN Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CAPTAIN reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that CAPTAIN, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the CAPTAIN Service.
During the use of the CAPTAIN Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the CAPTAIN Service and are beyond CAPTAIN’s control. During use of the CAPTAIN Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the CAPTAIN Service.
These links take you off the CAPTAIN Service and are beyond CAPTAIN’s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. CAPTAIN is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
The agreement between CAPTAIN and you embodied by these User Terms may be terminated at any time. If you wish to terminate the Agreement, you must permanently delete the CAPTAIN mobile application installed on your smart phone, thus disabling your use of the CAPTAIN Service. CAPTAIN is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the CAPTAIN Service). CAPTAIN is not obliged to give notice of the termination of the Agreement in advance. After termination CAPTAIN will give notice thereof if required by these User Terms.
CAPTAIN may change these User Terms and will post the modified terms (which shall then become the agreement between you and CAPTAIN) with the new effective date listed above. CAPTAIN will also give you prior notice that the User Terms have been changed using the contact information provided by you. Therefore, you agree to keep your account information up-to-date. CAPTAIN also encourages you to check the terms of these User Terms from time to time to see if they have been updated. If you do not agree to the modified User Terms, your sole recourse is to stop using the CAPTAIN Services. Your continued use of the CAPTAIN Services after the date the modified User Terms are posted will constitute your acceptance of the modified User Terms.
CAPTAIN may give notice by means of a general notice on the CAPTAIN Service or mobile application, or by electronic mail to your email address on record in CAPTAIN’s account information.
We are using the methods, Apple Pay and Google Pay. Money is on hold once order placed and withdrawn once the service is completed.
If you ever change your mind, or your circumstances change, you can simply cancel the ride. So if a booking is cancelled after a Captainhas been assigned, we need to compensate them.
No Cancellation fee if booking gets cancellation within 2 minutes.
Cancellation fee gets applied if booking gets cancellation after 2 minutes and captain arrived at your location.
Cancellation Fee: Minimum fare of the services.
Refund Policy on Captain: Our Valued Customers, Captain tries its level best to provide best possible taxi services to its end customers through our app. Our decision on refunds shall be at our sole discretion and shall be final and binding. Refunds will be done only through the Original Mode of Payment.
Cancellation fee is charged to users who cancel after the specified time and the remaining amount will be refunded within 4 to 5 business days after refund request.
Refund request after consuming the service depends entirely on our customer service review/feedback. If you are not satisfied with the service provided by the Captain and looking for refund, you could avail refund based on your complaint and the review/feedback provided by customer service analyze. In this case, user has to contact us immediately on [email protected] Refund request received after 2 days will not be accepted. If case is true, amount will be refunded within 1 to 21 business days after refund request or as per bank policy.
If you have any questions about the Terms and Conditions of the CAPTAIN Service, please contact us at: CAPTAIN
Office No-19, Street No-900, First Floor, Area No-55, Doha-Qatar. P.O. Box No: 40799 [email protected]You will not attempt to defraud Captain, its Affiliates or Users. If we suspect that you have engaged in fraudulent activity, we may suspend payment of applicable Fees or other payments to you while we conduct an independent investigation into the suspected behaviour. We reserve the right to take any appropriate measures including but not limited to terminating this Agreement with you, notifying the relevant authorities and / or filing criminal charges against you
You will make reasonable accommodation for Users and/or for service animals, where required by law
3. f) Training
You understand and agree that Captain may interview and provide training to you from time to time. Any such training which Captain provides will be without prejudice to your obligations under this Agreement and Captain will have no responsibility or liability for your acts, performance or behaviour
3. g) Good Condition
You represent, warrant and undertake that you will provide Driving Services to Users in a vehicle which is
4. a) Fees
Fees for Trips charged to Users by you (excluding the Usage Fee (as defined below) will be agreed from time to time with Captain. In the event that a User pays for a Trip with a credit card payment, Captain will collect the fee on your behalf as a payment agent and ensure the same is delivered to you
Captain reserves the right to charge a separate usage fee for a Trip payable by the relevant User (the “Usage Fee”). In the event that a User pays for a Trip with a cash payment, it is your responsibility to collect the Usage Fee on behalf of Captain and ensure the same is delivered to Captain once the cash payments reach an amount determined by Captain and notified to you from time to time by a Captain representative. All such Usage Fees are due and payable by you to Captain within 15 calendar days of receipt (the “Payment Period”)
In the event that you do not deliver any Usage Fee amount to Captain within the Payment Period, Captain and/or its relevant Affiliate reserves the right to offset any undelivered Usage Fees against credit card payments and, to the extent permitted by law, to engage a local collection agency in order to manage the collection of overdue Usage Fee amounts and any appropriate injunctive claims or actions necessary in relation to collecting such Usage Fee amounts
With respect to any credit card payment or cash payment made by a User, you authorize Captain to provide a receipt to such User for and on your behalf in order to affect the relevant transaction and you and Captain have the right of set-off with respect to the foregoing
You will be responsible for any taxes or charges payable with respect to the fees charged by you to a User relating to a Trip
4. b) Pricing
Pricing for Services is determined at the sole discretion of Captain on a distance travelled basis in kilometres or miles or fixed price irrespective of travelling kilometers, depending on the jurisdiction in which you are providing Driving Services. A list of pricing is available in the Captain offices in your jurisdiction. Captain reserves the right to amend any applicable pricing terms from time to time without providing notice to you
Are required to meet certain Captain standards, including but not limited to wearing the appropriate dress code, providing excellent customer care and carrying out Driving Services in a vehicle which meets the quality standard required by Captain. Captain makes available a full list of such standards at your local Captain office (the “Captain Standards”). You are responsible for expenses and charges associated with failing to meet any Captain Standard and as a result Captain will deduct an amount for violation of a Captain Standard from any Fees payable to you. Captain reserves the right to update Captain Standards from time to time without written notice
6. a) Disclaimer
THE CAPTAIN PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” CAPTAIN AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CAPTAIN AND ITS AFFILIATES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE CAPTAIN PLATFORM OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE CAPTAIN PLATFORM, OR THAT THE CAPTAIN PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER CAPTAIN NOR ITS AFFILIATES GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF USERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE CAPTAIN PLATFORM, AND ANY SERVICE OR GOOD REQUESTED OR PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW
6. b) Limitation of Liability
NEITHER CAPTAIN NOR ITS AFFILIATES NOR PARTNERS SHALL 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 CAPTAIN PLATFORM, EVEN IF CAPTAIN OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER CAPTAIN NOR ITS AFFILIATES NOR PARTNERS SHALL BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE CAPTAIN PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE CAPTAIN PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF CAPTAIN AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER CAPTAIN NOR ITS AFFILIATES NOR PARTNERS SHALL BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CAPTAIN’S REASONABLE CONTROL. IN NO EVENT SHALL CAPTAIN’S,ITS AFFILIATES’ OR PARTNERS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE DRIVING SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND UNITED STATES DOLLARS
YOU AGREE THAT EACH OF CAPTAIN, ITS AFFILIATES AND ITS PARTNERS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DRIVING SERVICES PROVIDED BY YOU TO USERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT
6. c) Indemnity
You agree to indemnify and hold Captain and its Affiliates, officers, directors, employees, agents and partners harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with
7. a) Arbitration
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Captain Platform (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Captain Affiliate in your jurisdiction, or between you and Mandobi Transportations if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Captain are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Captain (or a relevant Affiliate) otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Captain and/or any of its Affiliates.
7. b) Arbitration Process and Rules
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Captain Platform, your provision of Driving Services or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
8. a) Choice of Law
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to such jurisdiction.
8. b) Confidentiality
You agree to treat all information concerning Captain and its Affiliates and all information concerning Users which has been provided to you as Confidential Information and you will not, except as provided in this Agreement, disclose, use or permit the disclosure or use of such information to any third party
8. c) Notice
Captain may give notice by means of a general notice on the Captain Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Captain or its Affiliates by written communication to Captain's general email address at [email protected]
8. d) General
You may not assign or transfer this Agreement in whole or in part without Captain’s prior written approval. You give your approval to Captain for it to assign or transfer this Agreement in whole or in part, including to
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforce-ability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.”
9. Help and Support
Captain has an option as customers can raise their complaint in the app itself by raising in the Menu – Help & Support. The ticket gets raised and is being reviewed by our support team. You will get response within 24 hrs. You can track your ticket through the tab "Help & Support". For the ongoing orders also customers can raise their complaints in Have an Issue? Chat with Us tab and the same will be answered within 24 hrs. You can track your ticket through the tab "Help & Support". You can email us on [email protected] to get the complaint resolved.