Captain
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Captain (Owned and manage by Mandobi Transportations)., a company with its registered office at office at Building No.19, Street-900, Area-55, Doha-Qatar (“Captain”).
This Agreement governs your use of the Captain application, website, call centre and technology platform (collectively, the “Captain Platform”) for the purpose of providing limousine services(collectively, the “limousine Services”) as a Captain operator (a “Captain operator”) to users (“Users”) who have booked a assistance from one geographic location to another geographic location (a “limousine”) via the Captain Platform. In many jurisdictions, the right to operate the Captain Platform is licensed by Mandobi Transportations. to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Captain Platform as a Captainoperator in your jurisdiction. Where no Affiliate exists in your jurisdiction but use of the Captain Platform is available to you, the right to access and use the Captain Platform will be provided to you by Mandobi Transportations.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE Captain PLATFORM.
Your access and use of the Captain Platform as a Captain operator constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Captain. If you do not agree to this Agreement, you may not access or use the Captain Platform or provide Driving Services as a Captain operator. This Agreement expressly supersede prior agreements or arrangements with you. Captain may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Captain Platform or any portion thereof, at any time for any reason.
Captain may amend this Agreement from time to time. Amendments will be effective upon Captain’s posting of such updated Agreement at this location. Your continued access or use of the Captain Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Subject to your compliance with this Agreement, Captain grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Captain Platform on your device solely to provide limousine Services to Users; and (ii) access and use any content, information and related materials that may be made available to you through the Captain Platform, in each case solely to provide limousine Services to Users. Any rights not expressly granted herein are reserved by Captain and Captain’s licensors.
The Captain Platform and all rights therein are and shall remain Captain’s property or the property of Captain’s licensors. Neither this Agreement nor your use of the Captain Platform convey or grant to you any rights
2. a) User Accounts
In order to use the Captain Platform, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years to obtain an Account and hold a valid driving license for the jurisdiction in which you intend to drive. You must have no criminal convictions, no incidents of driving without a driving license or without necessary insurance, you must not have been involved in any fatal vehicular accidents and have no history of reckless driving. Account registration requires you to submit to Captain certain personal information, such as your name, address, mobile phone number and age. Our collection and use of personal information in connection with the Captain Platform is as provided in Captain’s Privacy Policy located at https://www.Captain.app Further to the information provided in the Privacy Policy regarding personal information sharing and transfers, you agree to Captain
2. b) Network Access and Devices
You will ensure that having your own device (Android / Iphone) to use the software through the device in accordance with the instructions provided by Captain from time to time, No telecom charges provided for using data.
3. a) Performance Reviews
Captain reserves the right to review your performance from time to time while you are providing Driving Services, and in some cases, such a review may be carried out anonymously by Captain personnel or by an independent third party contracted by Captain. You understand and agree that we may collect personal information about you, including but not limited to images and videos, during such a review. As a result of any such review, we may restrict your access and use of the Captain Platform and/or terminate this Agreement with you
3. b) Promotional Activities
While providing Driving Service for Captain, you will not promote or advertise companies or services which compete with Captain. Your failure to comply with the terms of this section may result in your inability to access and use the Captain Platform or Captain’s termination of this Agreement with you.
3. c) Vehicle and Maintenance
The vehicle to be used for the Servicing the Customers must be registered under your personal name as a private vehicle or under the name of a registered transport service provider in your jurisdiction of operation. Requirements relating to the vehicle’s engine capacity and age will be notified to you by Captain representatives and you must comply with such requirements at all times
You will be exclusively responsible for maintenance of your vehicle. You will be responsible to obtain a full inspection of your vehicle from a service provider pre-approved by Captain at least once in every calendar year and will keep valid your vehicle’s technical inspections certificate from the relevant government authorities
3. d) Applicable Law, Authorizations and Insurance
You represent, warrant and undertake that
3. e) Customer Care
You will provide service Users safely to their required destination without accident, collision, harassment or injury caused by you or any third party. You will not
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.”