Legal

Introduction

When you use Apricab, you trust us with your personal data. We’re committed to keeping that trust. That starts with helping you understand our privacy practices. This notice describes the personal data we collect, how it’s used and shared, and your choices regarding this data. We recommend that you read this along with our privacy overview, which highlights key points about our privacy practices.

Overview

A.Scope

This notice applies to users of Apricab services anywhere in the world, including users of Apricab apps, websites, features, or other services. This notice describes how Apricab and its affiliates collect and use personal data. This notice applies to all users of our apps, websites, features, or other services anywhere in the world, unless covered by a separate privacy notice. This notice specifically applies to: Riders: individuals who request or receive transportation, including those who receive transportation requested by another individual Drivers: individuals who provide, or submit applications to Apricab to provide, transportation individually or through partner transportation companies This policy also governs Apricab other collections of personal data in connection with Apricab services. For example, we may collect the contact information of individuals who use accounts owned by Apricab for Business customers or we may collect other personal data in connection with our mapping technology and features. All those subject to this notice are referred to as “users” in this notice.

For riders without an Apricab account: The personal data of riders who take trips arranged by the owners of an Apricab account, is processed in accordance with our contract with the owner of that account, and not as otherwise described in this notice. Such processing may include sharing of rider location data with the owner of that account. Please contact the owner of such account for more information. Our data practices are subject to applicable laws in the places in which we operate. This means that we engage in the practices described in this notice in a particular country or region only if permitted under the laws of those places. Please contact us here or through the addresses below with any questions regarding our practices in a particular country or region.

Data controller and transfer

Apricab UG is the data controller for the personal data collected in connection with use of Apricab services.

Questions, comments, and complaints about Apricab data practices can be submitted here.

III. Data collections and uses

  1. The data we collect

    Apricab collects:

    • Data provided by users to Apricab, such as during account creation
    • Data created during use of our services, such as location, app usage, and device data
    • Data from other sources, such as Apricab partners and third parties that use Apricab APIs

    The following data is collected by or on behalf of Apricab:

    1. Data provided by users. This includes:

      • User profile: We collect data when users create or update their Apricab accounts. This may include their name, email, phone number, login name and password, address, profile picture, payment or banking information (including related payment verification information), government identification documents, including driver’s license numbers and images, birthdate, signature, and photo. This also includes vehicle or insurance information of drivers and user settings. We may use the photos submitted by drivers to verify their identities, such as through facial recognition technologies.
      • Background check and identity verification: We collect background check and identity verification information for drivers. This may include information such as driver history or criminal record (where permitted by law), and right to work. This information may be collected by an authorized vendor on Apricab behalf.
      • Demographic data: We may collect demographic data about users, including through user surveys. we may also receive demographic data about users from third parties.
      • User content: We collect the information users submit when they contact Apricab customer support, provide ratings or compliments. This may include feedback, photographs or other recordings collected by users.

    2. Data created during use of our services. This includes:

      • Location data: We collect precise or approximate location data from a user’s mobile device if enabled by the user to do so. For drivers, Apricab collects this data when the Apricab is running in the foreground (app open and on-screen) or background (app open but not on-screen) of their mobile device. For riders and renters, Apricab collects this data when the Apricab is running in the foreground. Riders may use the Apricab without enabling Apricab to collect location data from their mobile devices. However, this may affect some functionality available in the Apricaba. For example, a user who has not enabled location data collection will have to manually enter their address. In addition, the location data collected from a driver or rental device during a trip will be linked to the rider’s or renter’s account, even if they have not enabled location data to be collected from their device, including for purposes of receipt generation, customer support, fraud detection, insurance, and litigation.
      • Transaction information: We collect transaction information related to the use of our services, including the type of services requested or provided, order details, delivery information, date and time the service was provided, amount charged, distance traveled, and payment method. Additionally, if someone uses your promotion code, we may associate your name with that person.
      • Usage data: We collect data about how users interact with our services. This includes data such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or services used before interacting with our services. In some cases, we collect this data through cookies, pixels, tags, and similar tracking technologies that create and maintain unique identifiers. To learn more about these technologies, please see our cookie notice.
      • Device data: We may collect data about the devices used to access our services, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
      • Communications data: We enable users to communicate with each other and Apricab through Apricab mobile apps and websites. For example, we enable drivers and riders to call, text, or send other files to each other (generally without disclosing their telephone numbers to each other). To provide this service, Apricab receives some data regarding the calls, texts, or other communications, including the date and time of the communications and the content of the communications. Apricab may also use this data for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.

    3. Data from other sources. This includes:

      • User feedback, such as ratings, feedback, or compliments.
      • Users participating in our referral programs. For example, when a user refers another person, we receive the referred person’s personal data from that user.
      • Apricab account owners who request services for or on behalf of other users, or who enable such users to request or receive services through their accounts.
      • Users or others providing information in connection with claims or disputes.
      • Apricab business partners through which users create or access their Apricab account, such as payment providers, social media services, or apps or websites that use Apricab APIs or whose APIs Apricab uses.
      • Vendors who help us verify users identity, background information, and eligibility to work, for regulatory, safety, and security purposes.
      • Insurance, vehicle, or financial services providers for drivers.
      • Partner transportation companies (for drivers who use our services through an account associated with such a company).
      • Publicly available sources.
      • Marketing service providers.

  2. How we use personal data

    Apricab collects and uses data to enable reliable and convenient transportation, delivery, and services. We also use the data we collect:

    • To enhance the safety and security of our users and services
    • For customer support
    • For research and development
    • To enable communications between users
    • To send marketing and non-marketing communications to users
    • In connection with legal proceedings

  3. Apricab uses the data it collects for purposes including:

    1. Providing services and features. Apricab uses the data we collect to provide, personalize, maintain, and improve our products and services.

      This includes using the data to:

      • Create and update users’ accounts.
      • Verify drivers’ identity, background history, and eligibility to work.
      • Enable transportation, deliveries, and other services.
      • Offer, process, or facilitate payments for our services.
      • Offer, obtain, provide, or facilitate insurance, vehicle, invoicing, or financing solutions in connection with our services.
      • Track and share the progress of rides or deliveries.
      • Enable features that allow users to share information with other people, such as when riders submit a compliment about a driver, refer a friend to Apricab, split fares, or share ETA and location with their contacts.
      • Enable features to personalize users Apricab accounts, such as creating bookmarks for favorite places, and to enable quick access to previous destinations.
      • Enable Accessibility features that make it easier for users with disabilities to use our services, such as those that enable deaf or hard-of-hearing drivers to alert their riders of their disabilities, allow only text messages from riders, and enable receipt of flashing trip request notifications instead of sound notifications on their mobile device.
      • Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

    2. Safety and security. We use personal data to help maintain the safety, security, and integrity of our services and users. This includes:

      • Screening riders and drivers before enabling their use of our services and at subsequent intervals, including through reviews of background checks, where permitted by law, to help prevent use of our services by unsafe drivers and/or riders.
      • Using data from drivers’ devices to help identify unsafe driving behavior such as speeding or harsh braking and acceleration, and to inform them of safer driving practices.
      • Using device, location, profile, usage, and other data to prevent, detect, and combat fraud or unsafe activities.

    3. Customer support: Apricab uses the information we collect (including recordings of customer support calls with notice to and the consent of the user) to provide customer support, including to:

      • Direct questions to the appropriate customer support person
      • Investigate and address user concerns
      • Monitor and improve our customer support responses and processes
    4. Research and development: We may use the data we collect for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us to improve and enhance the safety and security of our services, improve our ability to prevent the use of our services for illegal or improper purposes, develop new features and products, and facilitate insurance and finance solutions in connection with our services.
    5. Enabling communications between users: For example, a driver may message or call a rider to confirm a pickup location, a rider may contact a driver to retrieve a lost item.

    6. Marketing: Apricab may use the data we collect to market our services to our users. This includes sending users communications about Apricab services, features, promotions, surveys, news, updates, and events.

      We may use the data we collect to personalize the marketing communications (including advertisements) that we send, including based on user location, past use of Apricab services, and user preferences and settings.

    7. Non-marketing communications: Apricab may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that are not for the purpose of marketing the services of Apricab or its partners.
    8. Legal proceedings and requirements: We may use the personal data we collect to investigate or address claims or disputes relating to use of Apricab services, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.
    9. Automated decision-making

      We use personal data to make automated decisions relating to use of our services. This includes:

      • Dynamic pricing: in which the price of a ride, is determined based on constantly varying factors such as the estimated time and distance, the predicted route, estimated traffic, and the number of riders and drivers using Apricab at a given moment.
      • Matching available drivers to users requesting services. Users can be matched based on availability, proximity, and other factors.
      • Deactivating users who are identified as having engaged in fraud or activities that may otherwise harm Apricab, its users, and others. In some cases, such as when a user is determined to be abusing Cabba app referral program, such behavior may result in automatic deactivation.
      • Using driver location information and communications between riders and drivers, to identify cancellation fees earned or induced through fraud. For example, if we determine by using such information that a driver is delaying a rider pickup in order to induce a cancellation, we will not charge the rider a cancellation fee and will adjust the amounts paid to the driver to omit such a fee. To object to such adjustment, please contact Apricab customer support.

  4. Sharing and Disclosing Your Personal Information

    We may share Personal Data which we collect about you as described in this privacy policy or as described at the time of collection or sharing, including as follows:

    Through Our Services

    We may share your Personal Data:

    • With Drivers to enable them to provide the Services you request. For example, we share your name and pickup and/or drop-off locations with Drivers;
    • With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
    • With third parties with whom you choose to let us share your Personal Data, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
    • With your employer (or similar entity) and any necessary third parties engaged by us or your employer, if you participate in any of our enterprise solutions.

  5. Data retention and deletion

    Apricab retains user profile, transaction, and other personal data for as long as a user maintains their Apricab account.

    Apricab may retain certain user data after receiving an account deletion request if necessary, such as to comply with legal requirements. Apricab retains user profile, transaction, and other information for as long as a user maintains their Apricab account. For drivers, Apricab also retains vehicle and background check information (to the extent permitted by law) for as long as they maintain their Apricab account.

    Riders may request deletion of their account at any time through Apricab help center. Following such requests, Apricab deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation, or other legal requirements. Apricabmay also retain certain information if necessary for purposes of safety, security, and fraud prevention.

  6. Grounds for processing

    We only collect and use personal data where we have lawful grounds to do so. These include processing user personal data to provide requested services and features, for purposes of Apricab legitimate interests or those of other parties, to fulfill our legal obligations, or based on consent.

    We collect and use personal data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data:

    1. To provide requested services and features

      In order to provide our services, we must collect and use certain personal data. This includes:

      • User profile data, which we use to establish and maintain user accounts; verify user identity; communicate with users about their trips, orders, and accounts; and enable users to make payments or receive earnings
      • Background trip information, which is used to verify an applicant’s eligibility to be a driver
      • Driver location data, which we use to track trips and assist with navigation
      • Usage data, which is necessary to maintain, optimize, and enhance Apricab services, including to determine incentives, connect riders and drivers, and calculate costs of trips and driver earnings
      • Transaction information
      • Information relating to customer support
    2. For purposes of the legitimate interests of Apricab or other parties

      This includes using personal data to maintain and enhance our users’ safety and security.

      This also includes purposes such as combating fraud; improving our services, direct marketing, research, and development; and enforcing Apricab Terms of Service.

      In addition, it includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.

    3. To fulfill Apricab legal obligations

      Apricab may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.

    4. With consent

      Apricab may collect and use personal data based on the user’s consent.

      A user who has provided consent to a collection or use of their personal data can revoke it at any time. However, the user will not be able to use any service or feature that requires collection or use of that personal data.

Choice and transparency

Apricab enables users to access and control the data that Apricab collects, including through:

  • In-app settings
  • Device permissions
  • In-app ratings pages
  • Marketing opt-outs
  • User data requests

Apricab also enables users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that Apricab restrict its processing of user personal data.

Disclaimers; Limitation of Liability; Indemnity.

Disclaimer

The services are provided “as is” and “as available.” Apricab 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, Apricab 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. Apricab 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

Apricab 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 Apricab has been advised of the possibility of such damages. Apricab 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 Apricab has been advised of the possibility of such damages. Apricab shall not be liable for delay or failure in performance resulting from causes beyond Apricab’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.

Drivers are liable for any accidents or incidents that may occur. We just provide the platform for riders and drivers, but we are not responsible for any incidents. Drivers and riders has to be responsible for their own actions.

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 Apricab 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) Apricab’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Cookies and third-party technologies

Apricab and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this notice.

Making changes to this policy

ny changes we make to our privacy policy in the future will be posted on this page, and where appropriate notified to you by e-mail or post.

Please check back frequently to see any updates or changes to our privacy policy.

*Please see our Terms & Conditions set out in our website www.apricab.com/terms

CUSTOMER TERMS AND CONDITIONS (T&Cs) Apricab

This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Apricab services, You are consenting to be bound by these Terms and Conditions for use and access of the Apricab.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED AS YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.

If You do not accept any of the Customer Terms and Conditions, then you cannot use the Application or avail any of the Services being provided therein.

YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND Apricab IN RESPECT OF THE SERVICES OFFERED/AVAILED.

Subject to your compliance with these Terms, Apricab grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Interface 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, non-commercial use. Any rights not expressly granted herein are reserved by Apricab and Apricab’s licensors.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

General Terms and Conditions:

  • The Services constitute a technology platform that enables users of Apricab’s mobile applications or website provided as part of the Services to arrange and schedule transportation services with independent third party service providers of such services, including independent third party transportation providers and independent third party logistics providers.

The Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT Apricab DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR TAXI COMPANY AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS AND SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY Apricab and Apricab SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACTS OF SUCH PERSONS BEYOND THE TERMS STATED HEREIN.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Apricab 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, Apricab 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. 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.

  1. Definitions

    All of the defined and capitalized terms in these Terms and Conditions shall have the meaning assigned to them here below:

    “Account” refers to the account created by the Customer on the Interface to become the member of the Apricab Community.

    “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of Namibia.

    “Interface” shall mean the features available through the mobile application “Apricab” as well as the features available through the website hosted on the domain (www.apricab.com) as may be updated by Apricab UG from time to time.

    “Authorized Driver” shall mean and include such individuals as may be evaluated and appointed by the Authorised Vehicle Operator to provide the transportation services.

    “Authorized Vehicle Operator” shall mean and include such third party individuals and Service Providers who hold valid Public Service Vehicle licenses and roadworthy vehicles and are independently offering Vehicle services.

    “City of Operation” shall mean a city in which Apricab has been launched and the Customers and Service Providers avail and render the transportation services respectively. For clarity, the services rendered by the Service Providers and availed by the Customers shall be in the same city.

    "Customer/ You", including its grammatical variations and cognate expressions, means a person who has agreed to our terms and conditions and has an Account on the Interface, whether or not the person has availed the services of Apricab.

    “Email ID” shall mean Your current, active and valid email address. Apricab shall use this Email ID for the purpose of Customer verification and all other communication purposes.

    “ETA” shall mean the estimated time of arrival of the Vehicle, at the pick up point of the Customer, provided by the SERVICE PROVIDER before the Ride, which may change from time to time.

    “ETT” shall mean the estimated travel time of the Ride, provided by the SERVICE PROVIDER during the Ride, which shall change from time to time.

    “Apricab/ COMPANY/ We/ Our/ Us” means, a company registered under the laws of Germany and having its registered office at Karlstrasse 59, 72138 Kirchentellinsfurt, Germany. If the context so requires, Apricab shall include the Interface.

    “Original ID” shall mean Your current National Identification Card Number of Passport Number, an active and valid email id, your telephone number including mobile number and your postal address the same being registered with Us by You for using and accessing the mobile application Apricab.

    “Registration Data” shall mean and may include the present, valid, true and accurate name, Original ID, Email ID, age and such other information as may be required by Apricab from time to time, provided by the Customer at the time of registration on the Application.

    “Ride” shall mean the travel in the Vehicle by the Customer from the Pick Up point to the Drop point, facilitated through the Application.

    “Service(s)” means the facilitation of transportation service by Service Providers through the Application, within the City of Operation and includes all services as may be provided by Apricab including but not limited to shared service, shared as single use, and high-end service.

    “Service Provider” shall mean a Service Provider being an Licensed Driver and/or a Registered Operator under the relevant provisions of the Road Traffic and Transport Act 22 of 1999 including any amendment made from time to time, offering the service of transporting Customers within the City of Operation from the pick-up points to the drop points as communicated by the Customer at the time of requesting the booking on the Application.

    “Vehicle / Taxi” shall mean a motor vehicle as defined under the Road Traffic and Transport Act 22 of 1999 including any amendment made from time to time or any other relevant Laws of Namibia.

    "You", “Your or “Yourself” shall mean reference to the Customer accessing the Application.

  2. Interpretation

    1. Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.
    2. Headings and captions are used for convenience only and will not affect the interpretation of these Terms and Conditions.
    3. Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as Apricab will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

  3. Eligibility

    1. You shall be able to use the Services only when You fulfil all of the following conditions:
      • You have attained at least 18 (eighteen) years of age
      • You are competent to enter into a contract under the Applicable Laws.
      • You have a valid registered mobile number and email ID.
      • You agree to comply with our terms and conditions of use.
    2. If You are not Eligible, immediately abandon any and all attempts to register with Us or use Our Services.
    3. You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Application is not Eligible to use the same.

  4. Registration and Account

    1. You understand and acknowledge that You can register on the Application only after complying with the requirements of Clause 3.
    2. You will be required to enter Your Registration Data on the Application following which a verification link would be sent to Your Email ID. Upon receipt of the verification link on Your Email ID, You shall be required to click on the said link within 24 (twenty four) hours of receiving the verification link in order to complete the aforesaid verification process. In the event of Your failure to click on the verification link within the above mentioned timeline, the same would lapse and You shall be required to repeat the process.
    3. Upon completion of the verification process in accordance with Clause 4.1 above, you will be added to our platform through which You can avail the Services offered on the Interface.
    4. In order to use the Interface, you are required to provide Registration Data to Apricab on the Interface. You shall not impersonate someone else or provide account information, an email address or any other information that is not Your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
    5. In the event of any change in the said Registration Data, you agree to promptly update Your Registration Data on the Account and in any case, before the next use of the Services so as to ensure that the communication We intend to send to You is promptly delivered to You and is not sent to any other entity/third party.
    6. You confirm and consent to Apricab storing the Registration Data provided by You for contacting You for all Service related matters.
    7. We may send any Information to You to the mobile number or Original ID registered with Us.
    8. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason deemed fit.
    9. We also reserve the right to suspend Your Account with immediate effect and for an indefinite period upon receipt of any complaint from the Service Provider.
    10. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
    11. We allow You to open only one Account in respect of one Email ID.
    12. You shall not assign or otherwise transfer Your Account to any third party. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you.
    13. In case of any unauthorized use of Your Account, You are to bring the same to Our notice promptly. In the event of such unauthorized use, please immediately reach Us at support@apricab.com.
    14. In case, You are unable to access Your Account, please inform Us at account@apricab.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account.
    15. By using the mobile Application, you further agree that:
      • You will download the Application for your sole, personal use and will not resell it to a third party;
      • You will not authorize others to use your account;
      • You will not assign or otherwise transfer your account to any other person or legal entity;
      • You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
      • You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
      • You will not use the Application to cause nuisance, annoyance or inconvenience;
      • You will not impair the proper operation of the network;
      • You will not try to harm Application in any way whatsoever;
      • You will not copy, or distribute the Application or other content without our prior written permission from;
      • You will keep secure and confidential your account password or any identification we provide you which allows access to the Application;
      • You shall give the location tracing and other required permissions to enable the Services of Apricab
      • You will provide us with whatever proof of identity we may reasonably request;

  5. Rights and Obligations of the Customer

    1. Apricab provides technology based services for booking taxis and vehicles within Namibia to you and you agree to obtain taxi and vehicle services offered by third party Service Providers.
    2. Apricab shall take your booking request and forward it to the Service Provider through GPS-GPRS based device installed in the Taxi/ Vehiocle. The Service Provider shall have the sole discretion to accept or reject each request for service. The Service Provider has discretion over whether to receive the booking request made by You through Apricab. If the Service Provider accepts the booking request made by You through Apricab, the GPS device installed in the Taxi notifies you and provides the information regarding the Service Provider including its name, contact number etc.
    3. Apricab shall make reasonable efforts to bring you in contact with the Service Provider in order to obtain taxi Service subject to availability of the Service Provider in or around your location at the time of your booking request made.
    4. For the avoidance of doubt, it is clarified that the Company itself does not provide taxi services The provision of the taxi services by the Service Provider to you is therefore subject to the agreement to be entered into between you and the Service Provider and the Apricab shall never be a party to such agreement and hence, in no event Apricab shall be liable to you.
    5. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
    6. You will comply with all applicable laws;
    7. You will treat Service Providers with respect and not to cause damage to their taxi or vehicle or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their service;
    8. You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
    9. A booking can be made only through the Interface containing of Application and Website. You understand and undertake that the use of the Application is only for Your personal purpose.
    10. You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all times verify the information that you have provided. You may only access the Service using the authorized means.
    11. You acknowledge that there may be a delay in dropping You at Your destination for any reason, whether within or outside the control of the Service Provider, and that You shall have no claim against Apricab in this regard.
    12. You shall not use the Service for emergency hospital visits when You are in a condition of serious ill health or in any other case of emergency or urgency or any other situation of a similar nature. In the event that You choose to do so, You acknowledge that Apricab shall have no obligation in this regard.
    13. You are required to ensure that the Vehicle assigned to You in the manner provided in the T&Cs bears the same registration number and the registration details specified to You through the Application and/or SMS.
    14. No change in drop location shall be allowed once the Application confirms the booking.
    15. You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application.
    16. The Company reserves the right to immediately terminate use of the Application should you not comply with the any of the above rules.
    17. The Company takes no responsibility for the accuracy of the estimates and any variation between the estimate and the actual fare.
    18. You shall be under the obligation to pay the actual fare.

  6. General Customer behaviour while using transport service through the Service Provider

    1. You shall maintain reasonable behaviour while utilizing the Services offered by the Service Provider.
    2. You shall take full responsibility of your items. In case of lost items during the journey, We will try to locate the items on a "best-effort" basis but We shall not be responsible for the same in case of any losses or damages arising out of such lost items.
    3. You shall ensure that:
      • You report promptly on time at the pick-up location;
      • You do not use foul language in the Vehicle;
      • You do not share Your personal information with the Service Provider.
      • You maintain decorum whilst within the vehicle;
      • You do not consume any alcoholic beverages, or consume any tobacco products or any illegal substances in the Vehicle;
    4. You shall ensure that You will not:
      • Ask the Service Provider to break any Traffic/Transport/City Police and/or government rules for any purpose (especially reaching the destination earlier).
      • Pressurize the Service Provider to overload the boot space of the Vehicle with luggage. (The Customer shall not be generally allowed to use the seating area of the Vehicle for placing any kind of luggage).

  7. Use of Interface

    You agree, undertake and confirm that Your use of the Interface shall be strictly governed by the following binding principles:

    1. You may use the Website and Application for lawful purposes only.
    2. You shall not host, display, upload, modify, publish, transmit, update or share any information that:
      • belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Interface or any other individual's use and enjoyment of similar services; or
      • is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing another user; or
      • tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct or end user access and license agreements) to the Interface or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Applications or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
      • exhibits the tenor of impersonating another person; or
      • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application; or
      • is false, inaccurate or misleading; or
      • creates any liability for Us or cause Us to lose (in whole or in part) the services of our suppliers.
      • is deemed inappropriate by Us, in our sole discretion;
    3. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve the right to bar any such activity.
    4. You shall not copy, distribute or disclose any part of the Application in any medium.
    5. You shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Application.
    6. You shall not take any action that imposes, or may impose at Our sole discretion an unreasonable or disproportionately large load on Our infrastructure.
    7. You shall not upload invalid data, viruses, worms, or other software agents through the Application.
    8. You shall not collect or harvest any personally identifiable information, including account names, from the Application.
    9. You shall not use the Application for any commercial purposes without having all necessary rights and licenses to the Content.
    10. You shall not impersonate another person or otherwise misrepresent Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity.
    11. You shall not interfere with the proper working of the Application.
    12. You shall not access any content on the Application through any technology or means other than those capabilities provided by the Application.
    13. You shall not bypass the measures We may use to prevent or restrict access to the Application, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Application or the content therein.
    14. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Our systems or networks, or any systems or networks connected to the Application.
    15. You shall not reverse engineer, decompile and disassemble any software used to provide the Services.
    16. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of Apricab on Our platform or otherwise tarnish or dilute any of Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
    17. You shall be responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Applications (“Posted Content”). Such Posted Content will become Our property and You grant Us the royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and Apricab (and its successors’ and affiliates’) business. We shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by Us. Apricab takes no responsibility and assumes no liability for any content posted by You (“User Content) that You or any other user or third party creates, stores, shares, posts or sends through the Application. You shall be solely responsible for Your User Content and the consequences of posting, publishing it, or sharing it.
    18. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) as necessary to satisfy the Applicable Law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
    19. We reserve the right, but have no obligation, to monitor the materials posted on the Application. We shall have the right to remove or edit any Content that in our sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right of Apricab, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of the content and/or appearance of content on the Application. You hereby represent and warrant that You have all necessary rights in and to all content You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

  8. Content Posted on Application and Intellectual Property

    1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Application is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Apricab.
    2. Except as expressly provided in these T&Cs, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
    3. You may use information on Our services that has been made available by Us for downloading from the Application, provided You:
      • use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
      • make no modifications to any such information; or
      • do not make any additional representations or warranties relating to such documents.
    4. All trademarks, brands and service marks used in connection with the Application or Services offered are owned by Apricab and is Apricab’s property; Apricab owns all copyrights and intellectual property rights and database rights in connection with the Services and the Application. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.
    5. You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the interface/Application.

  9. Booking process

    You may download the Application on Your device or access the Website for availing the Service and the Service shall be available only through the Application and the Website. For making a booking You will have to enter the destination on the booking screen of the Application. The pick-up address will be fixed to Your location at the time of making the booking and will be non-editable. Upon Your clicking the tab, the booking confirmation screen will pop up which will display the Estimated Time of Travel and the ride fare. If You agree to the travel time and the fare You will be required to confirm.

  10. Sharing of Information

    By opting-in for Apricab Services, you agree to be located and provide consent for the mobile operator to release their location information to Apricab for the provisions of honoring your cab request. Apricab does not share information regarding your location with any Third Party except the Service Providers.

  11. Confirmation of booking

    1. Upon Your confirmation, we shall proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You through the Application and/or vide an SMS and email to your Original ID. Please note that You are required to check the drop point before You Confirm and make all alterations or changes to the desired drop location before confirming. In the event the booking is confirmed from Our end, You shall check the booking details like ETA, pick up place and such other details as Apricab may deem fit and if there are incorrect details, the same needs to be informed to Us immediately. You shall be responsible for immediately reporting the errors, if any, that may have occurred in the information sent to You regarding booking confirmation. You shall bear the consequences and damages for any delay that may be caused to you due to Your failure to check the confirmation SMS/email or failure to inform Us of the incorrect details immediately.
    2. You may, upon availing or attempting to avail the Services, receive SMS messages on Your mobile phone from Us regarding the following: (i) confirmation of booking - including driver name, vehicle license number and the ability to contact the Service Provider by telephone; (ii) Service Provider declining Your booking; (iii) total fees to be paid. However, the above list is not exhaustive in nature and You may receive additional and different messages from Us. You hereby understand, agree and consent to the receipt of such messages from Us.
    3. Upon Your booking being processed and confirmed via Application, e-mail and SMS, You will receive a timer notification on Your mobile phone after which You shall be required to board the booked taxi not later than 2 minutes of the notified pick up time. The Service Provider shall be under no obligation whatsoever to wait for You at Your boarding point beyond the lapse of 2 (two) minutes of the pick-up time notified to You or his time of arrival, whichever is later. In case of any delay caused by You in arriving at the pick-up point and the taxi having proceeded without You, You shall have no claim against Apricab or the Service Provider and Apricab shall not be held liable in anyway whatsoever.

  12. Payment

    You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Apricab will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges paid by you are final and non-refundable, unless otherwise determined by Apricab.

    You may choose to pay for the Services by either of the following two methods:

    1. Cash payment: Cash payment shall be made at the time of disembarking from the taxi or the vehicle. The Customer shall make best efforts to ensure that the Customer tenders exact change to the Service Provider.
    2. Facilitated payment: Apricab will facilitate your payment of the applicable Charges on behalf of the Service Provider as limited payment collection agent. Various modes like credit card, debit card, and Paypal may be made available by Apricab. When You choose to make an online payment, We shall collect the fare on behalf of the Service Provider who will be responsible for providing the transportation services. You acknowledge that collection of the fare on behalf of the Service Provider in no way implies that the transportation services are being provided to You by Us.
    3. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.
    4. The processing of payments or credits, as applicable, in connection with Your use of the Facilitated Payment in 12.2 above will be subject to the terms, conditions, and privacy policies of the Payment Collection Agent that We engage for the purpose. We will not be responsible for any errors by the Payment Collection Agent. In connection with Your use of the Services, We will obtain certain transaction details, which We will use solely in accordance with its privacy policy. In the event the payment cannot be accepted through the method offered on the Interface, You shall be required to pay the fare of the transportation services in cash in terms of paragraph 12.1 (Cash payment) above.
    5. We will generate an invoice on behalf of the Service Provider servicing Your offer request, which will be sent across to Your Original ID after the completion of the Ride. The Invoice shall be indicative of all applicable charges including but not limited to the surcharge, toll charges, right time charge, wait time charge, service tax. Any payment made is non-refundable.
    6. As between you and Apricab, Apricab reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Apricab’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Apricab will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

  13. Cancellation policy

    You may cancel the booking as early as possible prior to the boarding of the Vehicle and commencement of the Ride by sharing the One Time Password, without any cancellation charges. For a cancellation after this stage, payment is required to be made as stated in point 12 above.

  14. Luggage policy

    While using the Service You may not carry any luggage other than personal luggage provided it does not exceed 30kgs in total. We will not be liable if the luggage does not fit into the vehicle. You are strictly prohibited from carry any flammable, commercial or illegal luggage at all times.

  15. Other businesses

    We do not take responsibility or liability for the actions, products, content and services on the Application, which are linked to affiliates and / or third party websites using Our APIs or otherwise. In addition, We may provide links to the third party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them, and We do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof.

  16. Termination and expiry of the account

    We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these Terms and Conditions by You or for any reason whatsoever. You can exit Your Community/Registered Community/Deemed Community/Open Community using the Application and/or terminate Your Account by submitting a request to Us at account@apricab.com. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all Transactions that occurred prior to termination of Your Account.

  17. Termination and expiry of the account

    1. Except for Our limited role in providing you a technological link and platform for taxi booking facility that You authorize or initiate, We are not involved in any underlying transaction between You, any Service Providers or other third party.
    2. We are not a selling agent in relation to any sale of goods or services to You by any Service Provider or any other third party.
    3. We shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any service that You may avail using the Application.
    4. Your use of the Service is at Your sole risk. The Service is provided on an "as is" and "as available" basis.
    5. We do not guarantee and do not promise any specific results from use of the Application and/or the Services, including the ability to avail the Services at any particular location or time.
    6. We disclaim all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the foregoing paragraph, We do not warrant that:
      • This Interface will be constantly available, or available at all; or
      • The information on this Application is complete, true, accurate or non-misleading; or
      • This Interface; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Interface; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
      • Content on the Application constitutes, or is meant to constitute, advice of any kind;
    7. Apricab 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. Apricab 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.
    8. Apricab SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Apricab’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS (SERVICE PROVIDERS) PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH THE APPLICATION ARE DOING SO AS INDEPENDENT CONTRACTORS AND IN THEIR OWN PERSONAL CAPACITY AND ARE NOT EMPLOYEES OR AGENTS OF Apricab. ACCORDINGLY IN NO EVENT SHALL Apricab BE LIABLE FOR ANY LOSS, ACTION, DAMAGE, INJURY, THEFT, DEATH OR GRIEVOUS HARM THAT MAY RESULT AS A CONSEQUENCE OF YOU USING THE SERVICES.
    9. IN ANY EVENT Apricab’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED USD 100.
    10. Apricab MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Apricab 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.
    11. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Application.
    12. Apricab shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of taxi service offered by Service Provider or due to the failure of Service Provider to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Apricab or any person or any organization involved in the above mentioned systems.
    13. You acknowledge that while Apricab employs certain quality control measures, Apricab does not, and cannot exercise control over the quality or safety of the transportation that is made use of by You through the Services.
    14. Apricab will not be liable for any damages of any kind arising from the use of the service offered by the Service Provider including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
    15. Apricab will take all reasonable measures to ensure that Service Provider should fulfil his duty properly but there may be exceptions and if any passenger is inconvenienced, Apricab will not be held liable. The Customer is advised to make alternate arrangement in case the taxi has not reached due to any reason.
    16. The Vehicle services, and any claim resulting from the same, while requested through the Application, remains the responsibility of the Service Providers and Apricab shall not be liable for any conduct of the Service Providers. Apricab encourages You to notify any complaints that You may have against the driver of any taxi that You may have hired using the Apricab’s platform.
    17. Apricab is not responsible for the conduct, whether online or offline, of any other user of the Application or Services. By using the Application and the Services, You agree to accept such risks and acknowledge that Apricab is not responsible for the acts or omissions of other users.
    18. All the vehicles registered with Apricab platform are continuously tracked using GPS for security reasons only. It is expressly made clear to You hereby that Apricab does not own any taxis nor does it directly or indirectly employ any of the Service Providers for the taxis. Apricab disclaims any and all liability in respect of the Service Providers and the taxis alike.
    19. The location data made available on the Application is basic in nature, and meant to provide guidance to drivers only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required, or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. Apricab does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed.
    20. We do not authorize anyone to make a warranty on Our behalf and You may not rely on any statement of warranty as a warranty by Us.
    21. Apricab and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Application, or Your reliance upon the Service or the information contained upon the Application (whether arising from Apricab or any other person's negligence or otherwise).
    22. We do not warrant that Your use of the Application or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Application will be corrected, or that the Application is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Application or Services.

  18. Privacy and Security

    1. We will take every reasonable effort not to share any of trip details, Registration Data or other personal information (collectively, "Personal Information") You provide Us, except as required under any Applicable Law, or to the limited extent necessary for Us to implement any booking instructions We receive from You. Please read Our privacy policy for further details regarding the use of Your Personal Information. We will bear no liability for the consequences in any event where Your Personal Information has been willingly or inadvertently shared by You with any third party.
    2. You acknowledge that the information made available by You on the Interface, including location data, may be accessible to certain other users of the Application.
    3. You hereby expressly consent to receive communications from Us through Your registered phone number and/or Original ID. You consent to be contacted by Us via phone calls and/ or SMS notifications. You agree that any communication so received by You from Us will not amount to spam or unsolicited communication.
    4. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Interface, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
    5. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You on the public forum due to Your use of the Interface, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application You acknowledge and agree that We shall not be responsible for the use of any personal information that You publicly disclose or share with others on the Interface. Please carefully select the type of information that You publicly disclose or share with others on the Interface, or from the Interface on other social platforms.

  19. Notices and Communication

    1. Any notice or notification in relation to these Terms and Conditions which You wish to make to Us must be made in writing to:

      Attn: Apricab UG

      Address: Karlstrasse 59, 72138 Kirchentellinsfurt

      E-mail: info@apricab.com

    2. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
    3. You will be subject to Our T&Cs and privacy policy

  20. Indemnity and Limitation of Liability

    1. You will defend, indemnify and hold harmless Apricab, and each of its affiliates (and its respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: the use or misuse of Services or any violation of these Terms and Conditions.
    2. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity.
    3. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT WITH THE APLLICATION. IN NO EVENT SHALL Apricab BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOST PROFITS, ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

  21. Force Majeure

    1. We shall not be liable for any failure to perform any obligations under these Terms and Conditions, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
    2. For the Purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Apricab.

  22. Waiver

    Our failure, delay or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.

  23. Revision of T&Cs

    We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates / changes.

    Amendments will be effective upon Apricab’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

  24. Customer Grievance Redressal Policy

    If You are not satisfied with the quality of Service(s) offered or have any other complaints or grievance, please contact Our customer care at customer@apricab.com

  25. Severability

    If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

    1. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation at such offices of Apricab as Apricab may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Tenth Book of the Code of Civil Procedure or any other law relating to Arbitration validly existing in Germany. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer.
    2. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Germany.
    3. These Terms and Conditions shall be governed by and construed in accordance with the laws of Namibia and We and You agree and undertake that any controversy or claim arising out of or relating to these Terms and Conditions will be adjudicated exclusively before a competent court in Namibia.