Terms & Conditions

Terms of Service

1. Contractual Relationship

These terms of service constitute a legally binding agreement (the “Agreement”) between you and Rakoob Inc., a company with its  office at  Abdullah terminal, Lahore (“Rakoob”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”) including but not limited to:

This Agreement governs your use of the Rakoob application, website, call centre and technology platform (collectively, the “Rakoob Platform”). In many jurisdictions, the right to operate the Rakoob Platform is licensed by Rakoob Inc. to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Rakoob Platform in your jurisdiction.  Where no Affiliate exists in your jurisdiction but use of the Rakoob Platform is available to you, the right to access and use the Rakoob Platform will be provided to you by Rakoob Networks   

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE RAKOOB PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE RAKOOB PLATFORM.

Your access and use of the Rakoob Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Rakoob. Rakoob may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Rakoob Platform or any portion thereof, at any time for any reason without notice.

Rakoob may amend this Agreement from time to time. Amendments will be effective upon Rakoob’s posting of an updated Agreement at this location. Your continued access or use of the Rakoob Platform after such posting constitutes your consent to be bound by this Agreement, as amended.

Our collection and use of personal information in connection with the Rakoob Platform is as provided in Rakoob’s Privacy Policy located at https://www.Rakoob.com . Rakoob 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 and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Rakoob Platform

The Rakoob Platform provides a digital transportation network which functions as a marketplace where persons who seek transportation to certain destinations (“Users”) can be matched with persons driving to those destinations (“Captains”). Each User shall create a User account that enables access to the Rakoob Platform. For purposes of this Agreement, the driving services provided by Captains to Users that are matched through the Rakoob Platform shall be referred to collectively as the “Driving Services”. Any decision by a User to accept Driving Services is a decision made in such User’s sole discretion. Each transportation Driving Service provided by a Captain to a User shall constitute a separate agreement between such persons.

YOU ACKNOWLEDGE THAT NEITHER RAKOOB NOR ITS AFFILIATES PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR TRANSPORTATION SERVICE PROVIDER OR OWN ANY VEHICLES FOR TRANSPORTATION AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY RAKOOB OR ANY OF ITS AFFILIATES.

License.

Subject to your compliance with this Agreement, Rakoob grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Rakoob Platform on your personal device solely in connection with your use of the Rakoob Platform; and (ii) access and use any content, information and related materials that may be made available through the Rakoob Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Rakoob and Rakoob’s licensors.

Third Party Services and Content.

The Rakoob Platform may be made available or accessed in connection with third party services and content (including advertising) that Rakoob 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. Rakoob does not endorse such third party services and content and in no event shall Rakoob be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Rakoob Platform using applications developed for Apple iOS or Android-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 Rakoob Platform in any manner. Your access to the Rakoob Platform using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Rakoob Platform Ownership.

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

 

3. Use of the Rakoob Platform

User Accounts.

In order to use most aspects of the Rakoob Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Rakoob 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 Rakoob Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Rakoob’s termination of this Agreement 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 Rakoob in writing, you may only possess one Account.

 

User Requirements and Conduct.

The Rakoob Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Captains unless they are accompanied by you or another adult. 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 Rakoob Platform, and you may only use the Rakoob Platform for lawful purposes. You will not, in your use of the Rakoob Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, other third party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Rakoob Platform, and you agree that you may be denied access to or use of the Rakoob Platform if you refuse to provide proof of identity.

Promotions, Credits and Referral Programs.

Rakoob, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Rakoob. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Rakoob reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Rakoob determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Rakoob; (iii) may be disabled by Rakoob at any time for any reason without liability to Rakoob; (iv) may only be used pursuant to the specific terms that Rakoob establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Rakoob may establish additional terms relating to specific promotions. Rakoob reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Rakoob determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

As part of your User account, Rakoob may provide you with or allow you to create a “Rakoob Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captains (“Referred Captains”). Rakoob Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Rakoob Code. You are prohibited from advertising Rakoob Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Rakoob reserves the right to deactivate or invalidate any Rakoob Code at any time in Rakoob’s sole discretion.

You may receive credits ("Rakoob Credits") or trip discounts ("Trip Discounts") that you can apply toward payment of certain charges upon completion of a trip. Rakoob Credits and Trip Discounts are only valid for use on the Rakoob Platform, and are not transferable or redeemable for cash. Rakoob Credits and Trip Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip. Additional restrictions on Rakoob Credits and Trip Discounts may apply as communicated to you in a relevant promotion. Rakoob may cancel, or vary the terms, relating to any Rakoob Credits or Trip Discounts at any time in its sole discretion.

From time to time, Rakoob may offer you incentives to refer new Users to the Rakoob community (the “Referral Program”). These incentives may come in the form of Rakoob Credits and/or Trip Discounts, and Rakoob may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

 

Communications.                             

By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law). Communications from Rakoob, its affiliated companies and/or Captains, may include but are not limited to: operational communications concerning your User account or use of the Rakoob Platform or Driving Services, updates concerning new and existing features on the Rakoob Platform, communications concerning promotions run by us or our third- party partners, and news concerning Rakoob and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.  If you no longer wish to receive promotional or marketing-related communications by text message, please contact legal@rakoob.comand/or review the Privacy Policy for further information.  

4. Charges and Payments

As a User, you agree to pay the amounts charged by Rakoob (the “Rakoob Fee”) and amounts charged by Captains for providing Driving Services to you (“Trip Charges”).

After you have received Driving Services from a Captain, Rakoob: (i) may facilitate your payment of the applicable Trip Charges on behalf of the Captain as such Captain’s limited payment collection agent and (ii) may collect any applicable Rakoob Fee directly from you or, in the case of a cash payment, from the relevant Captain. Payment of the Trip Charges and Rakoob Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captain or to Rakoob, as applicable. Trip Charges and Rakoob Fees will be inclusive of applicable taxes where required by law. Trip Charges and Rakoob Fees paid by you are final and non-refundable, unless otherwise determined by Rakoob. You retain the right to request lower Trip Charges from a Captain for Driving Services received by you from such Captain at the time you receive such Driving Services (but not after the Driving Service is underway or completed). Rakoob will respond accordingly to any request from a Captain to modify the Trip Charges for a particular Driving Service.

All Trip Charges and Rakoob Fees are due immediately and payment will be facilitated by Rakoob using the preferred payment method designated in your Account, after which Rakoob will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Rakoob may, on its own behalf, and as the Captain’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Rakoob, Rakoob reserves the right to establish, remove and/or revise Rakoob Fees at any time in Rakoob’s sole discretion. Trip Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Trip Charges and Rakoob Fees applicable in certain geographical areas may increase substantially during times of high demand. Rakoob will use reasonable efforts to inform you of Trip Charges and Rakoob Fees that may apply, provided that you will be responsible for Trip Charges and Rakoob Fees incurred under your Account regardless of your awareness of such Trip Charges or Rakoob Fees, as applicable, or the amounts thereof. 

Repair or Cleaning Fees.

You shall be responsible for the cost of for damage to, or necessary cleaning of, Captain vehicles and property resulting from use of the Rakoob Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captain reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Rakoob in Rakoob’s reasonable discretion, Rakoob reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Captain using any of your payment methods. Such amounts will be transferred by Rakoob to the applicable Captain and are non-refundable.

5. Restricted Activities

With respect to your use of the Rakoob Platform and your participation in the Driving Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Driving Services or the Rakoob Platform or the servers or networks connected to the Rakoob Platform (v) post information or interact on the Rakoob Platform or Driving Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use the Rakoob Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Rakoob Platform (ix) “frame” or “mirror” any part of the Rakoob Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (x) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Rakoob Platform or any software used on or for the Rakoob Platform (xi) rent, lease, lend, sell, redistribute, license or sublicense the Rakoob Platform or access to any portion of the Rakoob Platform (xii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Rakoob Platform or its contents (xiii) link directly or indirectly to any other web sites (xiv) transfer or sell your User account, password and/or identification to any other party (xv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvi) cause any third party to engage in the restricted activities above.

6. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

THE RAKOOB PLATFORM AND DRIVING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RAKOOB DISCLAIMS 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, RAKOOB MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE RAKOOB PLATFORM, DRIVING SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE RAKOOB PLATFORM, OR THAT THE RAKOOB PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. RAKOOB AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY DRIVING SERVICES OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE RAKOOB PLATFORM AND DRIVING SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Rakoob and its Affiliates are not responsible for the conduct, whether online or offline, of any User or Captain using the Rakoob Platform or undertaking Driving Services. You are solely responsible for your interactions with other Users or with Captains. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Captains or Users. By using the Rakoob Platform and participating in the Driving Services, you agree to accept such risks and agree that Rakoob is not responsible for the acts or omissions of Users or Captains on the Rakoob Platform or participating in the Driving Services.

Rakoob and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

Location data provided by the Rakoob Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Rakoob, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Rakoob Platform. Any of your information, including geolocational data, you upload, provide, or post on the Rakoob Platform may be accessible to Rakoob and relevant Captains.LIMITATION OF LIABILITY.

RAKOOB 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 RAKOOB PLATFORM OR DRIVING SERVICES, EVEN IF RAKOOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAKOOB SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE RAKOOB PLATFORM OR THE DRIVING SERVICES OR YOUR INABILITY TO ACCESS OR USE THE RAKOOB PLATFORM OR THE DRIVING SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF RAKOOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAKOOB SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RAKOOB’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING DRIVING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL RAKOOB’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE RAKOOB PLATFORM OR THE DRIVING SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY-SEVEN THOUSAND PAKISTANI RUPEES (PKR 57000).

THE RAKOOB PLATFORMMAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATIONWITH CAPTAINS BUT YOU AGREE THAT RAKOOB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

RAKOOB AND ITS AFFILIATES 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 RAKOOB PLATFORM OR DRIVING SERVICES, EVEN IF RAKOOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAKOOB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE RAKOOB PLATFORM OR THE DRIVING SERVICES OR YOUR INABILITY TO ACCESS OR USE THE RAKOOB PLATFORM OR THE DRIVING SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF RAKOOB OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAKOOB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING DRIVING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL RAKOOB’S AND/OR AN AFFILIATE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE RAKOOB PLATFORM OR THE DRIVING SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THREE THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.

THE RAKOOB PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH CAPTAINS BUT YOU AGREE THAT RAKOOB AND ITS AFFILIATES HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 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 Rakoob, its Affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Rakoob Platform and the Driving Services or services or goods obtained through your use of the Rakoob Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.

 

7. Dispute Resolution

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 Rakoob Platform or Driving Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Rakoob Networks  if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right  to seek injunctive or other 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 Rakoob 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 the 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 Rakoob and/or any of its Affiliates.  

Arbitration Process and Rules.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Rakoob Platform 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. Other Provisions

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 your region.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Rakoob at legal@rakoob.com

Notice.

Rakoob may give notice by means of a general notice on the Rakoob 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 Rakoob by written communication to Rakoob's email address at legal@rakoob.com.

General.

You may not assign or transfer your rights under this Agreement in whole or in part without Rakoob’s prior written approval. You give your approval to Rakoob for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Rakoob’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Rakoob or any Captain as a result of the contract between you and Rakoob or use of the Rakoob Platform.

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 enforceability 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.