TERMS AND CONDITIONS
Last Updated
01
June
2019
1.
Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (
you), and
Ezhl for road side assistance company
, doing business as
EZHL
,
located at
Al Kazim Bldg, 2nd Floor, Flat No. 2, Bldg No. 43, Road No. 310, Zone 27 Umm Ghuwailina,
Doha,
Qatar (
we,
us), concerning your access to and use of the
EZHL
(
http://www.ezhlapp.com) website as well as any related applications (the
Site).
The Site provides the following services:
tow truck services by using phone application (
Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be
bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services
and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions
for future reference.
1.2
The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents
that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will
be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You
are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site
represents that you have accepted such changes.
1.4
We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business
priorities.
1.5
Our site is directed to people residing in
__________. The information provided on the Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country.
1.6
The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted
to register for the Site or use the Services without parental permission.
1.7
Additional policies which also apply to your use of the Site include:
●
Our Cookie Policy
__________, which sets out information about the cookies on the Site.
●
Certain parts of this Site can be used only on payment of a fee.
2.
Acceptable Use
2.1
You may not access or use the Site for any purpose other than that for which we make the site and our services available.
The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
2.2
As a user of this Site, you agree not to:
●
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited
email or creating user accounts under false pretenses
●
Systematically retrieve data or other content from the Site to a compile database or directory without written permission
from us
●
Use the Site to advertise or sell goods and services
●
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent
or restrict the use or copying of any content or enforce limitations on the use
●
Use any information obtained from the Site in order to harass, abuse, or harm another person
●
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such
as user passwords
●
Make improper use of our support services, or submit false reports of abuse or misconduct
●
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools
●
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial
enterprise
●
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part
of the Site
●
Delete the copyright or other proprietary rights notice from any of the content
●
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
●
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with
any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information
collection or transmission mechanism
●
Use the Site in a manner inconsistent with any applicable laws or regulations
●
Advertise products or services not intended by us
●
Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate,
current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information
and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible
for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and
Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental
permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user
name) and/or password you must promptly notify us at
info@ezhlapp.com .
3.2
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your
account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third
party service providers (each such account, a
Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or
(b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern
your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access
to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable
Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by
such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and
store (if applicable) any content that you have provided to and stored in your Third Party Account (the “
Social Network Content”) so that it is available on and through the Site via your account, including without
limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account
to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party
Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through
your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our
access to such Third Party Account is terminated by the third party service provider, then Social Network Content may
no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at
any time.
Please note that your relationship with the third party service providers associated with your third party accounts is
governed solely by your agreement(s) with such third party service providers. We make no effort to review
any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement,
and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts
who have also registered to use the Site. At your email request to
info@ezhlapp.com or through your account settings (if applicable), we will deactivate the connection between
the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through
such Third Party Account, except the username and profile picture that became associated with your account.
4.
Content you provide to us
4.1
There may be opportunities for you to post content to the Site or send feedback to us (
User Content). You understand and agree that your User Content may be viewed by other users on the Site, and
that they may be able to see who has posted that User Content.
4.2
You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment
to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute
your User Content to you
.
4.3
You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify
us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result
of your breach of this warranty.
4.4
We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply
with the Acceptable Use Policy.
4.5
We are not responsible and accept no liability for any User Content including any such content that contains incorrect
information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content
but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content
has not been verified or approved by us and the views expressed by other users on the Site do not represent our views
or values
4.6
If you wish to complain about User Content uploaded by other users please contact us
at
info@ezhlapp.com or use the take down or report button.
5.
Our content
5.1
Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (
Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
5.2
Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3
Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our
Content and to download or print a copy of any portion of the Content to which you have properly gained access solely
for your personal, non-commercial use.
5.4
You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected
to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or
enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5
We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection
software to try to block the uploading of content to the Site that contains viruses.
5.6
The content on the Site is provided for general information only. It is not intended to amount to advice on which you
should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action
on the basis of the content on the Site.
5.7
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or
guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1
The Site may contain links to websites or applications operated by third parties.We do not have any influence or control
over any such third party websites or applications or the third party operator. We are not responsible for and do not
endorse any third party websites or applications or their availability or content.
6.2
We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from
any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for
such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7.
Site Management
7.1
We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (
2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions;
(
3
) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions;
(
4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way
a burden to our systems; and (
5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Site and Services.
7.2
We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3
You are responsible for configuring your information technology, computer programs and platform to access the Site and
you should use your own virus protection software.
8.
Modifications to and availability of the Site
8.1
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole
discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice
at any time.
8.2
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use
the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and
support the Site or Services or to supply any corrections, updates, or releases.
8.3
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to
the Services, including descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9.
Disclaimer/Limitation of Liability
9.1
The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services
will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions
and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in
connection with the Site and Services and your use thereof including, without limitation, the implied warranties of
satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted
by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable
for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all
personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission
to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to
or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations
under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
9.2
Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
●
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability
for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and
for fraud or fraudulent misrepresentation.
●
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a
foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage
that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to
you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate
amount equal to the greater of (a) the sum of £5000 or (b) the amount paid, if any, by you to us for the Services/Site
during the six (6) month period prior to any cause of action arising.
If you are a business user
:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, even if foreseeable, arising under or in connection with:
●
use of, or inability to use, our Site/Services; or
●
use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
●
loss of profits, sales, business, or revenue;
●
business interruption;
●
loss of anticipated savings;
●
loss of business opportunity, goodwill or reputation; or
●
any indirect or consequential loss or damage.
If you are a consumer user:
●
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial
or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption,
or loss of business opportunity.
●
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is
caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
●
You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available
from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect
these legal rights.
10.
Term and Termination
10.1
These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise
a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following
the instructions for terminating user accounts in your account settings, if available, or by contacting us at
info@ezhlapp.com .
10.2
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and
without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses),
to any person for any reason including without limitation for breach of any representation, warranty or covenant contained
in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions
or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete
your profile and
any content or information that you posted at any time, without warning, in our sole discretion.
10.3
If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right
to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11.
Mobile Application
11.1
If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic devices owned or controlled by you,
and to access and use the mobile application on such devices strictly in accordance with the terms and conditions
of this license.
11.2
For business users only - You will not:
(a) reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you
have first written to us requesting interoperability information and we have failed to provide you with that information
or if we have failed to offer to provide you with interoperability information on reasonable conditions";
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(c) breach any applicable laws, rules or regulations in connection with your access or use of the application;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us
or the licensors of the application;
(e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it
is not designed or intended;
(f) make the application available over a network or other environment permitting access or use by multiple devices
or users at the same time;
(g) use the application for creating a product, service or software that is, directly or indirectly, competitive with
or in any way a substitute for the application;
(h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development,
manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
11.3
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each
an App Distributor) to access the Services:
(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application
on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor terms of service;
(b) We are responsible for providing any maintenance and support services with respect to the mobile application as
specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile
application;
(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an
App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price,
if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor
will have no other warranty obligation whatsoever with respect to the mobile application;
(d) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo,
or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed
on any U.S. government list of prohibited or restricted parties;
(e) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you
have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile
application; and
(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions,
and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these
Terms and Conditions against you as a third party beneficiary thereof.
12.
Cancellation
You acknowledge and agree that cancelling an order which has already accepted from the driver without a reason, we will charge you the cancellation fees which we will provide it here.
Cancellation fees: 10 QR
After cancelling two orders continually without a reason, your account will be stopped and you will have to contact with us at: info@ezhlapp.com to reactivate your account.
13.
Payement settlement
You acknowledge and agree that outstanding settlement to our company should be within the period which be shown down , and if you didn’t that will give us the right to dis activated your account until settlement has been cleared .
Outstanding settlement period : 2 weeks .
14.
General
14.1
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to
receive electronic communications and you agree that all agreements, notices, disclosures, and other communications
we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be
in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery
of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic records, or to payments or the granting
of credits by other than electronic means.
14.2
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services
constitute the entire agreement and understanding between you and us.
14.3
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver
of such right or provision.
14.4
We may assign any or all of our rights and obligations to others at any time.
14.5
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable
control.
14.6
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision
or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability
of any remaining provisions.
14.7
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these
Terms and Conditions or use of the Site or Services.
14.8
For consumers only
- Please note that these Terms and Conditions, their subject matter and their formation, are governed by English
law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction expect that if you
are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland,
you may also bring proceedings in Scotland. If you have any complaint or wish to raise a dispute under these Terms
and Conditions or otherwise in relation to the Site please follow this link
http://ec.europa.eu/odr
14.9
For business users only - If you are a business user, these Terms and Conditions, their subject matter and
their formation (and any non-contractual disputes or claims) are governed by English Law. We both agree to the exclusive
jurisdiction of the courts of England and Wales
.
14.10
Except as stated under the Mobile Application section, a
person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties)
Act 1999 to enforce any term of these Terms and Conditions.
14.11
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services,
please contact us by email at
info@ezhlapp.com
or by post to:
Ezhl for road side assistance company
Al Kazim Bldg,
2nd Floor, Flat No. 2, Bldg No. 43,
Road No. 310, Zone 27 Umm Ghuwailina,
Doha,
Qatar
ENGLISH
ARABIC
