Terms and Conditions
Definition and Interpretation
- Account means the registered account that you obtain to access the system as a User;
- Affiliate , means in relation to a party, any entity that controls, is under control, or is under joint control, with that party, where control means direct or indirect ownership of more than 50% of voting capital or similar ownership rights. the party or legal force to direct or cause the general management directives and policies of the party, whether through ownership of voting capital, through contracts or not, and control must be interpreted accordingly;
- Company Group means a person and its Affiliates (and the Company Group will be interpreted accordingly);
- Local Provisions are supplementary or alternative provisions for specific countries, cities, municipalities, metropolitan areas or regions that apply to you.
- Cellular Devices are smart phones, tablets or other cellular devices that are owned or controlled by you that you use to connect to the User Application;
- Policy means any policies, guidelines, or directives that apply to Users, as informed by You by Rapel from time to time, and as may be updated by Rapel from time to time, including those contained herein;
- Special Provisions are supplementary or alternative provisions that can apply to certain specific parts of the Transportation System and or Service, as may be notified to you from time to time;
- System means the system provided by Rapel;
- User means the registered end user of the User Application;
- User Application is an electronic application provided by Rapel and or Rapel Group Companies.
- Website is any website operated by the Rapel Group of Companies from time to time.
Your commitment to Rapel
3.1 You confirm that:
- 3.1.3 You will comply at all times with all Applicable Laws and Policies, and will notify Rapel if you violate Applicable Laws or any Policies;
- 3.1.4 You will only use the System for lawful purposes and only for the purpose for which it is intended to be used;
- 3.1.5 You must ensure that any documents and information provided by you (or on your behalf) to Rapel or otherwise through the System are accurate, current, complete and not misleading at all times;
- 3.1.6 You will only use internet access points and data accounts that are permitted for you to use;
- 3.1.7 You may not engage in fraudulent, deceptive or misleading behavior; and
- 3.1.8 You will not damage or avoid the proper network operation in which the System operates.
Your Interaction with Transportation Providers and Other Users
3.2 Your order for Rapel creates a direct relationship between you and the third party provider, where Rapel is not a party. To the extent permitted by Applicable Law, Rapel is not responsible or liable for the actions or omissions of third party providers in connection with you. You have full responsibility for any obligations or obligations to the provider or other third parties arising from your use of third party services.
3.3 You agree:
- 3.3.1 To treat third party service providers and other users with respect, in accordance with policies, and not engage in unlawful, threatening or harassing behavior or activities when using third party services or Systems;
- 3.3.2 Does not cause damage to third party property; and
- 3.3.3 Do not contact service providers or third parties for purposes other than to accept and use third party services
3.5 For the avoidance of doubt, Rapel does not support third party providers (including service providers), applications or websites available or connected to you through the System, and Rapel, its licensors or one of its Affiliates is responsible for the content, in any case products, services or other material on or available from such third party providers. Each service provider rating is intended to show the ratings given by other users but does not constitute endorsement (or vice versa) by Rapel of that service provider.
3.6 Although the service provider is fully responsible for the service, if you have a complaint about the service you have received, Rapel has the right to handle the complaint through the Rapel complaint handling process. You agree to fully cooperate with the process and to submit complaints that you have through the User Application. Rapel also has the right to transfer your complaint to the relevant service provider and may choose, but is not required, to facilitate discussions with service providers. The Rapel complaint handling process will not exclude legal rights or remedies that cannot be excluded or limited under Applicable Law.
3.7 If Rapel receives complaints from service providers or other people about you, Rapel has the right to transfer complaints to you or handle these complaints through the process of handling complaints. Once again, you agree to cooperate fully with the process.
4.1 To access the System as a user, you must register and maintain an account as a user application user.
4.2 You are responsible for all activities carried out on your account. You:
- 4.2.1 Only must have one account;
- 4.2.2 Must keep your Account information confidential (including your login details and payment details);
- 4.2.3 may not give other people access to your account, including to transfer accounts or information from your account to other people;
- 4.2.4 Must immediately notify Rapel if you suspect unauthorized access to or use of your account; and
- 4.2.5 You may not, if you are also a third party, use your account to place orders as a User that you will accept as a service provider, or collaborate with service providers or other users on a similar scheme.
4.3 Rapel has the right to block or deny access to your account, and / or block features available in the User Application, without prejudice to other rights and solutions:
- 4.3.2 During the investigation;
- 4.3.3 If you owe money to Rapel or his Group of Companies;
- 4.3.5 At any time in reasonable Rapel discretion.
Your use of the system
Rights granted and reserved
5.3 In using the system, you may not:
- 5.3.1 License, sublicense, sell, resell, transfer, assign, distribute or commercially exploit or provide any third party with the system in any way;
- 5.3.2 Modify or create derivative works based on the system, or reverse engineer or access the underlying software for any reason;
- 5.3.3 Use the system to build competitive products or services, build products using ideas, features, functions or graphics similar to the system, copy ideas, features, functions or system graphics, or launch programs or scripts that can automatically make multiple server requests per second, or which overburdens or impedes the operation and or performance of the System, or attempts to gain unauthorized access to the System or related systems or networks;
- 5.3.4 Use any application or process to retrieve, index, "data mine", or in any way reproduce or avoid the navigation structure, presentation or content of the System;
- 5.3.5 Post, distribute or reproduce in any way material that is protected by copyright, trademark, or other proprietary information without obtaining prior approval from the owner of said ownership rights, or delete any copyright, trademark, or other proprietary rights notices that are contained in the System;
- 5.3.6 Send or store any material for illegal or fraudulent purposes;
- 5.3.7 Sending spam or other unsolicited messages, or causing annoyance, disruption, inconvenience or making fake bookings;
- 5.3.8 Sending or storing material that is violating, obscene, threatening, defaming, or breaking the law or torturing;
- 5.3.9 Send material containing viruses, worms, Trojan horses or computer code, files, scripts, agents or other dangerous programs;
- 5.3.10 Interfering with or interfering with the integrity or performance of the System or the data contained therein;
- 5.3.11 Posing as any person or entity or misrepresenting your affiliation with someone or entity;
- 5.3.12 Accidentally misrepresenting your location; or
- 5.3.13 Damaging the reputation of Rapel or one of his group companies in any way.
Restrictions on your use of Transportation Services
5.4 You may not use Transportation Services to:
- 5.4.1 Committing a crime or doing something contrary to Applicable Law; or
- 5.4.2 injure or hurt another person or violate the rights of others.
5.5 Service providers or third parties are asked to agree that they will be careful and provide their services safely. However, you are ultimately responsible for your own safety in your use of the service, and you must take all necessary precautions.
Your Mobile Device
- 6.1 Your access to user applications will be via a mobile device. It is your responsibility to check and ensure that you download the correct software (including the latest version of the User Application) for your Mobile Device. Rapel is not responsible if you don't have a compatible device or if you don't have the latest version of the software (including the latest version of the User Application) for your Mobile Device.
- 6.2 If the Mobile Device is lost, stolen, damaged, and / or no longer in your possession, and this exposes your account information to others or affects the legal rights and / or recovery of Rapel, you must immediately notify Rapel and follow the procedures notified by Rapel .
- 6.3 You are fully responsible for having the appropriate internet and cellular plans and for any fees charged by your telecommunications service providers, such as telephone, SMS and internet data charges. You acknowledge that your use of the System may consume large amounts of data and that you will be fully responsible for such use and related costs.
7.1 Downloading and / or using user applications is provided for you to use the System and is provided royalty free.
7.2 The provider or third party has the right to charge you fees for its services, which may include:
- 7.2.1 Fees for each service instance;
- 7.2.3 All applicable cancellation fees; and
- 7.2.4 Applicable taxes that are calculated in accordance with Applicable Law (together, User Fees). Fees for each service provider, each cancellation fee and / or tax (as applicable) will be calculated through the user's application and all other costs will be entered manually by the service provider into the Driver's application (without mark-up) and paid by you through the user application or in accordance with the Policy. You have the right to agree with the Transport Provider at different costs for the provision of services, the fees agreed to be applied only after notification to Rapel and are reflected as fees for third party services in the application.
7.3 User cost components can increase based on demand and other factors in your location. Rapel will always try to notify you of the increase through the user's application and it is your responsibility to review the User Fee (or its calculation basis) carefully before choosing to buy its services. You will be deemed aware of, and you accept responsibility for, all User Fees incurred under your Account.
7.4 Rapel can renew the basis on which user fees are calculated through the system at any time at its absolute discretion. Any User fees on or after the date on which the renewal applies will be subject to updated calculations.
7.5 The user application can give you the option to cancel certain third party services before the service starts. If you choose to do this, you may be required to pay a cancellation fee.
7.7 To promote the use of the System, Rapel may from time to time, in its sole discretion, offer promotions based on you meeting specified criteria and complying with specified requirements. You can choose to participate or not participate in promotions. If you decide to participate, your right to benefit from relevant promotions depends on you fulfilling all the specified criteria and complying with all the specified requirements, for reasonable satisfaction from Rapel. If you do not, you will not be entitled to the benefits of relevant promotions. You agree that you will only use the promotion for the purpose of its use and will not abuse, duplicate, sell or transfer the promotion in any way.You also understand that promotions cannot be exchanged for cash and can end on a certain date, even before you use them.
7.8 You must pay User Fees using payment methods offered through the User Application from time to time, including (if applicable) with cash, credit or debit cards or by using Rapel credit.
7.9 If you choose to pay User Fees through the user application, you give Rapel full power and authority to debit the relevant User Fee using your registered payment method and send money on your behalf to the Transportation Provider, after deducting (if any) the amount which is relevant by Rapel in accordance with its arrangements with service providers.
7.10 All payments must be in the local currency in the region.
7.12 You agree to do everything necessary and are required by applicable law to allow, assist and / or defend Rapel to claim or verify any applicable input tax credit, departs, rebates or refunds in connection with taxes paid or paid in connection with the system . and / or third party services.
Compensation and liability
8.1 You must defend, indemnify and release Rapel, its licensors and affiliates from each of these parties and their respective officials, directors, members, employees and agents from and against any and all claims, costs, damages, losses, obligations, and costs (including lawyers (fees and costs) arising from or in connection with:
8.1.2 Your use of the System and or service, including:
a. Any claim by you or anyone acting on your behalf that any Rapel company, not a service provider, is a third party provider;
b. Any third party claims (including claims by third party service providers) arising from your use of third party systems and / or services; and
c. In connection with any item that you purchase, obtain and / or transport using third party services.
The basis on which the system is provided
8.3 Without limitation to article 8.2, Rapel makes no representations, warranties or guarantees regarding the reliability, timeliness, quality, suitability or availability of the System, or that the System will not be interrupted or error free, or will operate in combination with hardware, devices software, systems or other data, or that any data will be accurate or reliable.
8.4 Rapel does not provide and is not responsible for providing or ensuring the provision of third party services. Rapel does not guarantee the quality, suitability, safety or capability of service providers or other third-party providers.
8.5 The system may be subject to restrictions, delays, and other problems inherent in the use of the internet and electronic communications including devices used by you or service providers that are damaged, not connected, out of reach, turned off or are not functioning. Rapel is not responsible for delays, delivery failures, damage or losses resulting from the problem.
8.6 The time line specified for the service is, unless expressly agreed otherwise by Rapel in writing, as an indication. Neither Rapel nor third parties make guarantees, representations, or do anything that meets the specified deadlines.
Exclusions and limitations of liability
8.8 To the extent permitted by Applicable Law, Rapel will not be responsible for:
- 8.8.1 Indirect, incidental, special, exemplary, punitive or consequential damages;
- 8.8.2 Loss of use, loss of profits, loss of data, loss of business, loss of good faith, loss of contract or loss of opportunity; and
- 8.8.3 Personal injury or property damage, arising from, related to or related to the Transportation System or Service, whether in contract, error, violation of legal obligations or otherwise.
Terms and Termination
- 9.2.1 At any time for any reason by giving you notice; and
- Immediately (and in any case within three days), pay a sum of money owed to Rapel (which will be due soon and payable upon termination or expiration), including unpaid payments relating to third party services ordered by you before termination or expiration; and
- 9.4.2 Immediately delete and completely delete the User Application from your Mobile Device.
12.1 Rapel will not be responsible for delays or failures in performance caused by causes beyond Rapel's reasonable control
12.2 You may not disclose confidential information to anyone about the business, affairs, customers, clients or suppliers of Rapel or its affiliates.
12.9 Rapel can give you notices through general notices published on user applications or websites or to your e-mail address listed in your account.