This following user agreement describes the terms and conditions on which Waliphil Technology Limited, offers you access to the Streetcarrier platform.

Important - please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.

The terms and conditions stated herein (collectively, the "Terms of Use" or this "Agreement") constitute a legal agreement between you and Streetcarrier a subsidiary of Waliphil Technology limited. (the "Company"). In order to use the Service (each as defined below), you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the "Application"), and downloading, installing or using any associated software supplied by the Company ("the Software") which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third-party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at http://www.streetscarrier.com or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.streetscarrier.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application (“the Alternate Country”) whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.streetscarrier.com.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION OR DELIVERY SERVICE PROVIDER. IT IS UP TO THE THIRD PARTY TRANSPORTATION PROVIDERS ("THE SERVICE PROVIDER") TO OFFER TRANSPORTATION SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH TRANSPORTATION SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH TRANSPORTATION SERVICE PROVIDERS, BUT DOES NOT NOR IS IT INTENDED TO PROVIDE TRANSPORTATION SERVICE OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A TRANSPORTATION SERVICE PROVIDER. THE COMPANY IS NOT RESPONSIBLE NOR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY DELIVERY SERVICE PROVIDER PROVIDED TO YOU.

 

These terms of The Services

The Services constitute a technology platform that enables users of StreetCarrier's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third-party providers of such services, including independent third-party transportation providers and third-party logistics providers under agreement with Streetcarrier or certain of Streetcarrier's affiliates ("Third Party Providers"). Unless otherwise agreed by Streetcarrier in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT STREETCARRIER DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.

 

License.

Subject to your compliance with these Terms, Streetcarrier grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Streetcarrier and Streetcarrier's licensors.

 

Restrictions.

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

 

Provision of the Services.

You acknowledge that portions of the Services may be made available under Streetcarrier's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "StreetCars," "SCMIcro," "SCS," "SCSL," "SCWhite" and "SCLUXSUV".

 

Third-Party Services and Content.

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

 

Ownership.

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

 

Representations, Warranties, And Obligations

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state, and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Application, you agree that:

• You will only use the Service for lawful purposes;
• You will only use the Service for the purpose for which it is intended to be used;
• You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
• You will not use the Service, Application and/or Software for purposes other than obtaining the Service;
• You shall not contact the Service Provider for purposes other than the Service;
• You will not impair the proper operation of the network;
• You shall not intentionally or unintentionally cause or attempt to cause damage to the Service Provider;
• You will not try to harm the Service, Application and/or the Software in any way whatsoever;
• You will not copy, or distribute the Software or other content without written permission from the Company;
• You will only use the Software and/or the Application for your own use and will not resell it to a third party;
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
• You will provide us with whatever proof of identity we may reasonably request or require;
• You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
• You will only use an access point or data account (AP) which you are authorized to use;
• You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
• You are aware that when requesting delivery services by SMS or use of the Service, standard telecommunication charges will apply;
• You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company or the Service Provider regardless of any misgivings that you may have against the Company or the Service Provider;
• You shall not impair or circumvent the proper operation of the network which the Service operates on;
• You agree that the Service is provided on a reasonable-effort basis;
• You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time; and

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Service Provider, the Company or any third party as a result of any breach of this Terms of Use.

 

Payment

• You may choose to pay for the Service where available, by credit card and or debit card ("Card").
• In the event that you choose to pay for the Service by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.
• If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Service.
• You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.
• You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via a Card. The hold may appear on your statement as "pending". The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.
• In the event your payment by credit card is processed overseas, you will be liable for any additional charges in relation thereto.
• When you register for the Service, the passenger has the option to tip the driver or not to tip.
• Once you have completed a journey using the Service you are required to make payment in full to the Service Provider and your payment is non-refundable. If you have any complaints in relation to the service provided, then that dispute must be taken up with the Service Provider directly.
• The Company has the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.
• You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
• You shall be responsible to resolve any disputes with your Card company on your own.

 

Repair or Cleaning Fees.

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

 

Disclaimers; Limitation of Liability; Indemnity.

 

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." STREETCARRIER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, STREETCARRIER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. STREETCARS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY.

STREETCARRIER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF STREETCARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STREETCARRIER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF STREETCARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STREETCARRIER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STREETCARRRIER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL STREETCARRIER'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE THOUSAND DOLLAR ($1,000)

STREETCARRIER'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT STREETCARRIER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 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 Streetcarrier and its 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 Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Streetcarrier's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

 

 

Other Provisions

 

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the United States, 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 StreetCarrier's designated agent.

 

Notice.

StreetCarrier may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first-class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to StreetCarrier, with such notice deemed given when received by StreetCarrier, at any time by first class mail or pre-paid post to StreetCarrier company.

 

General.

You may not assign these Terms without StreetCarrier's prior written approval. StreetCarrier may assign these Terms without your consent to (i) a subsidiary or affiliate; (ii) an acquirer of StreetCarrier's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, StreetCarrier or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. StreetCarrier's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by StreetCarrier in writing.