MR. APP Company for Information Technology (hereinafter referred to as “RAFEEQ”) has developed a carpooling platform accessible in the form of a mobile application called RAFEEQ, and designed to put drivers travelling to a given destination in contact with passengers going in the same direction, in order to enable them to share the Trip and therefore the associated costs (hereinafter referred to as the “Platform”).
By registering your mobile phone number, clicking “Login with Facebook” or “Login with Google”, you recognize having read and accepted all these general conditions of use.
In this document,
“Advert” means an advertisement about a Trip posted on the Platform by a Driver;
“Rafeeq” has the meaning given to it in Article 1 above;
“T&Cs” means these Terms and Conditions;
“Profile” means a record of member's personal information that defines who he is. The record includes member full name, gender, email, mobile no., age, Proffesion, Nationality and city. Besides, the member should upload copy of his national ID, his photo and passport (for external trips). In addtion, he should add details of his vehicles and upload its photos, his driving license; vehicle license and insurance certificate if he is driver.
“Facebook Account” has the meaning given to it in Article 3.2 below;
“Driver” means the Member using the Platform, to offer to transport another individual in exchange for the Cost Contribution, for a Trip and at a time defined by the Driver alone;
“Reservation Confirmation” has the meaning given to it in Article 4.2.1 below;
“Member Content” has the meaning given to it in Article 11.2 below
“Service Fee” has the meaning given to it in Article 5.2 below;
“Member” means any individual having created a profile on the Platform;
“Passenger” means the Member having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a Member has booked a Seat;
“Cost Contribution” means, for a given Trip, the sum of money requested by the Driver and accepted by the Passenger for his contribution to the travel costs;
“Seat” means the seat booked by a Passenger in the Driver’s vehicle;
“Platform” has the meaning given to it in Article 1 above;
“Services” means all services delivered by Rafeeq via the Platform;
“Stop Point” has the meaning given to it in Article 4.1 below;
“Trip” means the journey subject of an Advert published by a Driver on the Platform, and for which he agrees to transport Passengers in exchange for the Cost Contribution;
“Reservation” has the meaning given to it in Article 4.2.1 below;
“Followers Page” has the meaning given to it in Article 4.2.2 below;
“External Trip” means the journey between countries (crossing borders) subject of an Advert published by a Driver on the Platform,
3. Registration on the Platform
3.1. Conditions of registration on the Platform
The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
The Platform enables Members to post and view Adverts and to interact with each other to book a Seat. By verifying your mobile no. entered as a first step, your profile is created. You can then view the Adverts. However, you cannot post an Advert or book a Seat without completing mandetory fields in your profile to become a Member.
To register, you can:
- (i) either complete all mandatory fields on the registration form;
When registering, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Rafeeq, in order to guarantee its relevance and accuracy throughout your contractual relations with Rafeeq.
You alone are responsible for the use of your Account by third parties, unless you have expressly notified Rafeeq of the loss or the fraudulent use by a third party.
Rafeeq may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
You recognize and accept that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. Rafeeq cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4. Use of the Services
4.1. Posting Adverts
As Member, and providing you fulfil the conditions below, you can create and post Adverts on the Platform by entering information about the Trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, amount of the Cost Contribution, etc.).
When posting your Advert, you can indicate the milestone cities in which you agree to stop, to pick up or drop off Passengers. The sections of the Trip between these milestone cities or between one of these milestone towns and the collection point or destination of the Trip constitute “Stop Points”.
You are only authorized to post an Advert if you fulfil all the following conditions:
- (i) you hold a valid driving license;
- (ii) you only offer Adverts for vehicles you own or use with the express permission of the owner, and in all cases that you are authorized to use for the purposes of carpooling;
- (iii) you are and remain the main driver of the vehicle subject of the Advert;
- (iv) the vehicle has valid third party insurance;
- (v) you have no contraindication or medical incapacity for driving;
- (vi) the vehicle you intend to use for the Trip is a touring car with 4 wheels and a maximum of 8 seats;
- (vii) you do not intend posting another advert for the same Trip on the Platform;
- (viii) you do not offer more Seats than the number available in your vehicle;
- (ix) all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
- (x) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate.
You recognize that you are solely responsible for the content of the Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Advert, and you undertake to fulfil the Trip under the conditions described in your Advert.
Providing your Advert complies with the T&Cs, it will be posted on the Platform and therefore visible to Members, conducting a search on the Platform or on the website of Rafeeq’s partners. Rafeeq reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any Advert that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
You recognize and accept that the criteria taken into account in the classification and the order of display of your Advert among the other Adverts are at the sole discretion of Rafeeq.
The reservation of a seat in RAFEEQ is either for passenger himself, or on behalf of someone else. In addition, there is a speciality for external trips
4.2.1. Passenger Reservation
Rafeeq has set up a system for booking Seats online (“Reservation”) for Trips offered on the Platform under Passenger section.
Eligibility of a Trip for the Booking system remains at the sole discretion of Rafeeq, which reserves the right to modify these conditions at any time.
When a Passenger is interested in an Advert, he may make an online Reservation request. This Reservation request is either (i) accepted automatically (if the Driver chose this option when posting his Advert), or (ii) accepted manually by the Driver. At the time of driver's approval of the reservation whether it is automatic or manual, the Passenger makes online payment of the Cost Contribution and the related Service Fees, in addition to the VAT, where applicable. After validation of the Reservation request by the Driver, where applicable, and receipt of the payment by Rafeeq, the Passenger receives a Reservation Confirmation (the “Ticket”).
If you are a Driver and have chosen to handle manually the Reservation requests when posting your Advert, you are required to respond to any Reservation request within the timeframe specified by Rafeeq (one hours) from the Reservation request. Otherwise, the Reservation request will expire automatically and the Passenger will be notified to check other trips.
At the time of the Reservation Confirmation, Rafeeq will send you the telephone number of the Driver (if you are the Passenger) or of the Passenger (if you are the Driver). You are then solely responsible for executing the contract binding you to the other Member.
4.2.2. Reservation on Behalf of Others
Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to Rafeeq and the other Members participating in the Trip.
However, Rafeeq allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking by registering in the “Followers Page” the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 18 travelling alone. In the case where you are reserving a seat for a minor over the age of 18 travelling alone, you undertake to request the prior agreement of the Driver and to provide him with duly completed and signed permission of his/her legal representatives.
In addition, the Platform is intended for the booking of Seats for individuals. It is forbidden to book a Seat for transporting any object, package, animal traveling alone or material items whatsoever.
Furthermore, it is prohibited to publish an Advert for a Driver other than you.
4.2.3. Passing Visa for External Trips
For any External Trips between two countries which needs a passing visa for the driver, passengers and vehicle to pass a third country during the Trip, Rafeeq is not responsible for any arrangement, coordination and payment related to the passing visa required to be issued before the agreed time of the Trip.
The Driver should coordinate closely with the Passengers to issue the required Passing Visa prior time of the trip and agree to share the cost outside the responsibility of Rafeeq Platform.
When the driver plans to post his advert related to such trips, he should have adequate time including the time consumed for issuing the passing visa.
4.3. Review system
Rafeeq encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were supposed to share a Trip. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposes to travel.
Your review, and the review left by another Member about you, if any,, are only visible and published on the Platform after the shorter of the following periods: (i) immediately after you have both left a review, or (ii) after a period of 7 days following the Trip.
You recognize and accept that Rafeeq reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T&Cs.
Rafeeq reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.
5. Financial conditions
Access to and registration on the Platform, as well as searching, viewing and posting Adverts, are free of charge. However, the Reservation is charged under the conditions described below.
5.1. Cost Contribution
The Cost Contribution is determined by you, as Driver, under your sole responsibility. It is strictly prohibited to profit in any way from using our Platform. Consequently, you agree to limit the Cost Contribution you ask your Passengers to pay to the costs you actually incur to make the Trip.
When you post an Advert, Rafeeq will suggest an amount for the Cost Contribution, which notably takes account of the nature of the Trip and the distance travelled. This amount is given purely as a guideline and it is up to you to increase it or reduce it to take account of the costs you actually incur on the Trip. To avoid abuse, Rafeeq limits the possibility of adjustment of the Cost Contribution.
5.2. Service Fees
In the context of Trips, Rafeeq, in exchange for use of the Platform, at the time of Reservation, shall collect service fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution.
The Service Fees are collected by Rafeeq for each Seat subject of a Reservation by a Passenger.
In the case of cross-border journeys, please note that the methods of calculation of the amount of the Service Fees and the applicable VAT vary according to the residence of the Passenger.
When using the Platform for cross-border trips or out of the country, the Service Fees may be charged by an affiliate company of Rafeeq operating the local platform.
You recognize and accept that Rafeeq may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
5.4. Methods of payment and repayment of the Cost Contribution to the Driver
5.4.1. Collection mandate
In using the Platform as Driver, you confer on Rafeeq a collection mandate for the Cost Contribution in your name and on your behalf.
Consequently, in the context of a Trip Reservation, and after manual or automatic acceptance of the Reservation, Rafeeq shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution, in addition to VAT or other taxes (such as vehicle tax paid in the borders).
The Cost Contributions received by Rafeeq for certain trip is deposited in a wallet dedicated to payment of the Driver after 48 hours from the end of the trip. The Passengers have 24 hours after arriving to submit a complain against the driver. Accordingly, the transfer of the Cost Contribution to the Driver's wallet may suspended until doing proper investigation.
You recognize and accept that none of the sums received by Rafeeq in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of Rafeeq, and more generally of any administrative or court authority competent particularly in the prevention or combating of money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.
In the absence of response to these requests, Rafeeq may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these T&Cs.
5.4.2. Payment of the Cost Contribution to the Driver
After the Trip, the Passengers shall have a period of 24 hours after the end of the Trip to submit a claim on the Trip to Rafeeq. In the absence of claim of the Passengers within this period, Rafeeq shall consider the Trip confirmed.
From the time of this express or tacit confirmation, the Cost Contribution will be transfered to Driver's Wallet. The Driver can withdraw the amount from his wallet, if the amount exist in the wallet exceed certain amount decided by RAFEEQ. All bank transfer charges, indicated by RAFEEQ, are deducted from the amount withdrawn.
When the Trip is confirmed by the Passenger, and you need to do the withdrawal process according to the above mentioned conditions, you have the option, as a Driver, of giving instructions to Rafeeq to pay the money to your bank account (by entering your bank details in advance in your Account) or your PayPal account (by entering your PayPal email address in advance in your Account).
The payment order in your name will be sent on the first two working days after your request (providing Rafeeq has your bank information).
At the end of the applicable time limitation periods, any sum not claimed from Rafeeq shall be deemed to belong to Rafeeq.
6. Non-commercial and non-business purpose of the Services and the Platform
You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.
As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip. You are solely responsible for calculating the costs you incur for the Trip and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs).
Rafeeq reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to Rafeeq, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorized to use this vehicle on the Platform and are not drawing any profit therefrom.
Rafeeq also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to Rafeeq that you are generating a profit on the Platform.
7. Cancellation policy
7.1. Terms of repayment in the case of cancellation
Only Trips booked through Rafeeq are the subject of this cancellation policy; Rafeeq does not offer any guarantee, of any nature, in the case of cancellation for any reason, by a Passenger or a Driver, of a Trip without Booking through Rafeeq.
The cancellation of a Seat on a Trip booked by the Driver or the Passenger after Booking Confirmation is subject to the stipulations hereunder:
– In the case of cancellation owing to the Driver, the Passenger is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees). This is notably the case when Driver cancels a Trip or has not arrived at the meeting point 15 minutes after the agreed time (No Show) or has started the Trip without waiting the 15 minutes after the agreed time whilst the passenger arrived within the waiting period;
– In the case of cancellation owing to the Passenger:
- If the Passenger cancels more than 24 hours before the planned departure time as mentioned in the Advert, the Passenger shall only be refunded the Cost Contribution. The Service Fees are retained by Rafeeq and the Driver does not receive any sum of any nature;
- If the Passenger cancels 24 hours or less before the planned departure time as mentioned in the Advert, and more than thirty minutes after the Booking Confirmation, the Passenger shall be refunded half the Cost Contribution paid at the time of Booking, the Service Fees are retained by Rafeeq, and the Driver receives 50% of the Cost Contribution;
- If the Passenger cancels 24 hours or less before the planned departure time, as mentioned in the Advert, and thirty minutes or less after the Booking Confirmation, the Passenger is refunded the whole of the Cost Contribution. The Service Fees are retained by Rafeeq and the Driver does not receive any sum of any nature;
- If the Passenger cancels after the planned departure time as mentioned in the Advert, or if he has not arrived at the meeting place 15 minutes after the agreed time (No Show), no refund shall be issued. The Driver shall be compensated with the whole of the Cost Contribution and the Service Fees are kept by Rafeeq;
- For the case of External Trips between two countries which needs a passing visa to pass a third country during the Trip, If the passenger could not get this visa or the driver could not add him in his passing visa, the Passenger shall only be refunded the Cost Contribution. The Service Fees are retained by Rafeeq and the Driver does not receive any sum of any nature.
When cancellation occurs before departure and owing to the Passenger, the Seat(s) cancelled by the Passenger shall be automatically made available to other Passengers, who may book them online and they are accordingly subject to the conditions of these T&Cs.
Rafeeq appreciates, in its sole discretion, on the basis of the available information, the legitimacy of the reimbursement requests.
7.2. Right of withdrawal
You have no right of withdrawal from the time of Booking Confirmation provided the Contract between you and Rafeeq consisting of putting you in contact with another Member has been fully executed.
8. Behavior of users of the Platform and Members
8.1. Undertaking of all users of the Platform
You recognize being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.
Furthermore, when using the Platform and during Trips, you undertake:
- (i) not to use the Platform for professional, commercial or profit-making purposes;
- (ii) not to send Rafeeq (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
- (iii) not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of Rafeeq or a third party or contrary to good morals;
- (iv) not to infringe the rights and image of Rafeeq, notably its intellectual property rights;
- (v) not to open more than one Account on the Platform and not to open an Account in the name of a third party;
- (vi) not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
- (vii) not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the carpooling;
- (viii) not to accept or make payment outside of the Platform,
8.2. Undertakings of the Drivers
Furthermore, when you use the Platform as Driver, you undertake:
- (i) to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the Trip and to be in possession of a valid driving license;
- (ii) to check that your insurance covers carpooling and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole Trip, even if cross-border;
- (iii) not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
- (iv) to post Adverts corresponding only to Trips actually planned;
- (v) to make the Trip as described in the Advert (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
- (vi) not to take more Passengers than the number of Seats indicated in the Advert;
- (vii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date MoT certificate;
- (viii) to communicate to Rafeeq or any Passenger who so requests your driving license, your car registration certificate, your insurance certificate, your MoT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
- (ix) in the case of holdup or change to the time or the Trip, to inform your Passengers without delay;
- (x) in the case of a cross-border Trip, to hold and keep available to the Passenger and any authority that may so request any document evidencing your identity and your right to cross the border;
- (xi) to wait for Passengers at the agreed meeting place for at least 15 minutes after the agreed time;
- (xii) not to post an Advert relative to a vehicle you do not own or that you are not authorized to use for the purposes of carpooling;
- (xiii) to ensure you can be contacted by your Passengers by phone on the number registered on your profile;
- (xiv) not to generate any profit via the Platform;
- (xv) not to have any contraindication or medical incapacity for driving;
- (xvi) to behave appropriately and responsibly during the Trip, and in compliance with the spirit of carpooling;
- (xvii) not to decline any Booking based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.
8.3. Undertakings of the Passengers
When you use the Platform as Passenger, you undertake:
- (i) to adopt appropriate behavior during the Trip so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
- (ii) to respect the Driver’s vehicle and its cleanliness;
- (iii) in the case of holdup, to inform the Driver without delay;
- (iv) to wait for the Driver at the meeting place for at least 15 minutes beyond the agreed time;
- (v) to communicate to Rafeeq, or any Driver who so asks, your identity card or any document evidencing your identity;
- (vi) not to carry during a Trip any item, goods, substance or animal that could hinder the driving and concentration of the Driver, or the nature, possession or carriage of which is contrary to the legal provisions in force;
- (vii) in the case of a cross-border Trip, to hold and keep available to the Driver and any authority that may so request any document evidencing your identity and your right to cross the border;
- (viii) to ensure you can be contacted by the Driver by phone on the number registered on your profile, including at the meeting point.
In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.2 above, you guarantee respect by this third party for the stipulations of this article, and generally these T&Cs. Rafeeq reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of breach by the third party on whose behalf you have booked a Seat under these T&Cs.
9. Suspension of accounts, limitation of access and termination
You can terminate your contractual relations with Rafeeq at any time, without cost and without reason.
In the event of (i) breach by you of these T&Cs, including but limited to your obligations as Member mentioned in Articles 6 and 8 above, (ii) exceeding the limit set out in Article 4.3.3 above, or (iii) if Rafeeq has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, Rafeeq reserves the right to:
- (i) terminate the T&Cs binding you with Rafeeq immediately and without notice; and/or
- (ii) prevent the posting of or remove any review, Advert, message, content, Reservation request, or any content posted by you on the Platform; and/or
- (iii) limit your access and your use of the Platform; and/or
- (iv) temporarily or permanently suspend your Account.
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to Rafeeq. Rafeeq will decide, at its sole discretion, whether or not to lift the measures put in place.
10. Personal data
11. Intellectual property
11.1. Content published by Rafeeq
Subject to the contents provided by its Members, Rafeeq is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.
Rafeeq grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Rafeeq. Notably, you are prohibited from:
- (i) reproducing, modifying, adapting, distributing, publicly representing and disseminating the Platform, the Services and the content, with the exception of that expressly authorized by Rafeeq;
- (ii) decompiling and reverse engineering the Platform or Services, subject to the exceptions stipulated by the texts in force;
- (iii) extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.
11.2. Content posted by you on the Platform
In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant Rafeeq a non-exclusive license to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable Rafeeq to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorize Rafeeq, for the whole world and throughout the duration of your contractual relations with Rafeeq, to reproduce, represent, adapt and translate your Member Content as follows:
- (i) you authorize Rafeeq to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
- (ii) you authorize Rafeeq to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
12. Role of Rafeeq
The Platform constitutes an online networking platform on which the Members can create and post Adverts for Trips for the purposes of carpooling. These Adverts can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Advert on the Platform.
In using the Platform and in accepting these T&Cs, you recognize that Rafeeq is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.
Rafeeq has no control over the behavior of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Trips on the Platform.
You recognize and accept that Rafeeq does not control the validity, truthfulness or legality of the Adverts, Seats and Trips offered. In its capacity of carpooling intermediary, Rafeeq does not provide any transport service and does not act in the capacity of carrier; the role of Rafeeq is limited to facilitating access to the Platform.
The Members (Drivers or Passengers) act under their sole and full responsibility.
In its capacity of intermediary, Rafeeq cannot be held liable for the effective occurrence of a Trip, and notably owing to:
- (i) erroneous information communicated by the Driver in his Advert, or by any other means, with regard to the Trip and its terms;
- (ii) cancellation or modification of a Trip by a Member;
- (iii) the behavior of its Members during, before or after the Trip.
13. Operation, availability and functionalities of the Platform
Rafeeq shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.
Furthermore, Rafeeq reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.
14. Modification of the T&Cs
These T&Cs and the documents integrated by reference express the entire agreement between you and Rafeeq relative to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.
Rafeeq may modify these T&Cs in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these T&Cs will be published on the Platform with mention of the date of effect, and you will be notified by Rafeeq before it takes effect.
15. Applicable law – Dispute
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the RAFEEQ 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.
16. Legal notices
The Platform is published by MR. APP Co. for Information Technology, limited company registered with the Companies Control Dept. of Ministry of Industry and trade in Jordan under number 200175278, Amman – Hashemite Kingdom Of Jordan.
Version dated 3rd Sept., 2020