Important – please read these terms carefully. By using this Services (defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use and are entering into a binding agreement which includes these Terms of Use (the “Agreement”). You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Services, please do not continue using this Application or Service.

These Bykea Terms and Conditions of Use (“Bykea Terms and Conditions”) govern the access or use by you, an individual, and/or a company, of the services including applications, websites, content etc. through any electronic device or otherwise, as the case may be (the “Bykea Services” or “Services”) made available by BYKEA TECHNOLOGIES PRIVATE LIMITED, a company incorporated under the Companies Ordinance, 1984 and having its registered and corporate office situated at 60-C, Khayaban e Ittehad, DHA 6, Karachi 75500 (hereinafter referred to as the “Bykea” or “us” or “Company” which expression shall, unless inconsistent with the context or meaning thereof, be deemed to include its successors and assigns).

Your access and use of the Bykea Services constitutes your agreement to accept and be bound by these Bykea Terms and Conditions, which establishes a contractual relationship between you and Bykea. If you do not agree to these Bykea Terms and Conditions, you may not access or use the Bykea Services. These Bykea Terms and Conditions expressly supersede prior agreements or arrangements with you. Bykea may immediately terminate these Bykea Terms and Conditions or any Bykea Services with respect to you, or generally cease offering or deny access to the Bykea Services or any portion thereof, at any time for any reason whatsoever.

Supplemental terms may apply to certain Bykea Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the Bykea Services from time to time. Supplemental terms are in addition to, and shall be deemed to be a part of the Bykea Terms and Conditions. It is being clarified that, the Supplemental terms shall prevail over these Bykea Terms and Conditions in the event of a conflict with respect to the Bykea Services.

Bykea may amend the Bykea Terms and Conditions related to the Bykea Services from time to time. Amendments will be effective upon Bykea’s posting of such updated Bykea Terms and Conditions (at this web address/platform/application as the case may be) or the amended policies or supplemental terms on the Bykea Service. Your continued access or use of the Bykea Services after such modifications and amendments constitutes your consent and acceptance to be bound by the Bykea Terms and Conditions.

Our collection and use of personal information in connection with the Bykea Services is as provided in Bykea’s Privacy Policy (located on our website/mobile application). Bykea may provide such information about you (including your contact information) to any third party/government body/judicial or non-judicial forum or as may be required to, under the law, in case of is any complaint, dispute or conflict, which may include an accident, involving you and such information or data is necessary to resolve the complaint, dispute or conflict.

THE BYKEA SERVICES

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

In order to use most aspects of the Bykea Services, you must register for and maintain an active personal user Bykea Services account (the “Account”). You must be at least 18 years of age or such age of legal majority as may be prescribed under the law from time to time, to obtain an Account. Account registration requires you to submit to Bykea certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Bykea Services or Bykea’s termination of these Bykea Terms and Conditions with you. You are responsible for all activity that occurs under your Account and Bykea Wallet (defined below), and you agree to maintain the security and secrecy of your Account and Bykea Wallet username and password at all times. Unless otherwise permitted by Bykea in writing, you may only possess only one Account.

The Bykea Services is not available for use by persons who have not attained age of legal majority as prescribed under the applicable law. You may not authorize third parties to use your Account or Bykea Wallet, and you may not allow persons who are under the legal age of majority prescribed under the applicable law to receive transportation or logistics services from Third Party Service Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account or Bykea Wallet to any other person or entity. You agree to comply with all applicable laws when using the Bykea Services and you may only use the Bykea Services for lawful purposes (e.g. not for transport of unlawful or hazardous materials). You will not, in your use of the Bykea Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Bykea Services, and you agree that you may be denied access to or use of the Bykea Services if you refuse to provide proof of identity.


  1. Bykea is a vehicle booking service that allows users to request a vehicle via a mobile app, through the web, call center, SMS or email. The Bykea Services constitute a technology platform that enables users of Bykea to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Bykea or certain of Bykea’s affiliates (the “Third Party Service Providers” or “Service Providers”). Unless otherwise agreed by Bykea in a separate written agreement with you, the Bykea Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT BYKEA DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BYKEA OR BY ANY OF ITS AFFILIATES.

  2. The Application allows you to send a request for a Service to a Service Provider. The GPS receiver - which should be installed on the mobile device (smart phone) on which you have downloaded the Application - detects your location and sends your location information to the relevant Service Provider. If you use any other form of vehicle booking request, Phone, SMS, email or web, the information provided by you on your location coordinates is used by Bykea to relay your request to the Service Provider, who has sole and complete discretion to accept or reject each of your requests for the Services. The Service Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Service Provider accepts your request, the Application notifies you and provides information regarding the Service Provider - including his/her name, vehicle license number, and customer service rating - and the ability to contact the Service Provider by telephone. The Application also allows you to view the Service Provider's progress towards the pick-up point, in real time.


  3. We will make every reasonable effort to bring you into contact with a Service Provider in order to obtain the Services, subject to the availability of Service Providers in or around your location at the moment of your request for Services.


  4. FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A TRANSPORTATION OR COURIER COMPANY AND WE DO NOT PROVIDE TRANSPORTATION OR COURIER SERVICES. We do not employ the Service Providers and we are not responsible for any acts and/or omissions of the Service Providers. The Application is simply a means to ease the search of the Services. It is up to the Service Providers to offer the Services to you and it is up to you whether to accept their offers of Services. Bykea will only be offering the Application and Bykea Services as a platform to put users and Service Providers in touch with each other for acquisition of the services by the users from the Service Providers through the Bykea Services and Application, and Bykea will not be a participant in the transaction between the Service Providers and Users; each such transaction will be a bi partite contract solely between them. Accordingly, you acknowledge and agree that Bykea is not the agent of and has no authority for either the Service Providers or the users for any purpose.


  5. The Application may contain links to websites operated by third parties. The Company has no control over such sites and the information provided in them. The User acknowledges and agrees that the Company is not responsible for the availability of such third party websites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. You agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party websites. Your dealings with advertisers or other third parties found on or accessible through the Application are solely between you and the third party. Bykea does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Bykea will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party.

Assignment

The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring Services from the Service Provider under this Agreement.


  1. Only you may use your own Account and you undertake not to authorize others to use your identity or account. You may not assign or otherwise transfer your Account to any other parties. You must keep your Account password / pin code and any identification we provide you secure and confidential. In the event a disclosure is made to your pin code / passwords, howsoever, which causes any illegitimate or unauthorized uses of your Account or identity, orders generated from the illegitimate or unauthorized uses will still be deemed valid orders, unless you notify us on that matter before the Service Providers perform the requested Services.

  2. You may only have one BYKEA Account and Bykea Wallet.

    1. Bykea Credit is your fund that can only be used for the payment of the Instant Courier and Transportation services provided by the Service Provider and the fee of the Service Provider in the Personal Shopping service.

    2. Bykea Credit cannot be used for the payment of the fee of the Service Provider in the Food Delivery service and food and/or goods in the Food Delivery and Personal Shopping services.

  3. If you are also a Service Provider, you may not use your (or other's) customer account to make an order that you will take yourself as a driver.

  4. You may not harm, tweak or modify the Application and/or Website or attempt to harm, tweak or modify it in any way whatsoever. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. We reserve the right to prohibit you from further using the Application should you use the Application with an incompatible or unauthorized device or for purposes other than those for which the Application is intended to be used. You undertake that you will only use an access point you are authorized to use.

  5. You will keep confidential and will not abuse the information you receive from using the Application. You will treat the Service Providers with respect and will not engage in any unlawful, threatening or harassing behavior or activities whilst using their services.

  6. The Application may not be used to find Services for, inter alia:

    1. transporting and/or obtaining and/or purchasing goods prohibited by the authorities or goods that require a certain license or permit from the authority to transport;

    2. delivering goods from or to prisons;

    3. purchasing and/or transporting pets or any other animals;

    4. transporting goods with dimensions of more than 40cm (length), 40cm (width), 40 cm(height) or goods weighing more than 12kg;

    5. purchasing and/or transporting illegal goods or harmful goods or stolen goods, including but not limited, goods containing hazardous or toxic materials, drugs or illegal substances; and

    6. purchasing and/or transporting or delivering valuable goods or goods valued above Rs 35,000/-

  7. You must pack fragile goods, such as glassware, ceramics, cakes or food, properly for the delivery. Neither we nor the Service Providers are responsible for any damage, deformation, dent, expiry, decay, odor, spill or any other incompleteness of the products during their delivery which is caused by improper packaging or wrapping.

  8. Service Providers may ask you to open and show the inside of a package to ensure that the contents are as you represented.

  9. Service Providers may ask you to open and show the inside of a package to ensure that the contents are as you represented.

  10. You represent that you are, you were or you are about to be the lawful owner of the goods to be delivered. The delivered goods are not stolen or obtained unlawfully and you agree to defend, indemnify and hold us harmless and not liable for any goods that a Service Provider delivers which may violate the prevailing laws and regulations.

  11. We and/or the relevant Service Provider reserves the right to refuse accepting your order if we have reasonable grounds to suspect that you have or, by accepting your order, will breach or violate these Terms of Use or the prevailing laws and regulations.

  12. You acknowledge and agree to grant the Service Providers a power and authority to pick up or deliver goods or food, or make a purchase on your behalf for every order of Instant Courier service.

    1. We do not guarantee the availability of the ordered items in store/restaurant and the delivery of fragile items such as cake and ice cream.

    2. We are not responsible for the quality of the food and/or goods provided by the restaurants and/or the stores in Food Delivery and Personal Shopping services.

    3. You acknowledge and understand that the prices of food or goods shown in Food Delivery and Personal Shopping Service are estimates and may change from time to time.

    4. You agree and acknowledge that you will pay according to the receipt issued by the restaurant or store handed by the Service Provider to you in using the Food Delivery and Personal Shopping service.

    5. We or the Service Provider does not guarantee the availability of the availability of food or goods in the restaurants or stores.

  13. We are not responsible for the quality of the goods provided by the shippers in the Instant Courier service.

  14. In relation to the Transportation Service, you undertake that you will wear a helmet provided by your Service Provider during the trip. You also undertake that for every order of Transportation Service, there will only be one passenger of the Service Provider. The Service Provider reserves the right to deny or cancel any order of Transportation Service if he/she finds out that the number of his/her passenger will be more than one person.

  15. Please inform us if you no longer have control of your account, e.g your account is somehow hacked or your phone is stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of your account and may be held liable even if it is abused by another person.

  16. Customers are required to provide complete information regarding the type and specifications of the goods to be delivered.

  17. BYKEA does not provide specific box for shipping. Customers are responsible for properly packing the goods to be delivered. For fragile items made of glass, ceramic and includes cakes, ice cream, food and fresh flowers, it is suggested that the item is specially packaged. BYKEA is not responsible for damage or deformation that occurs upon delivery of such goods.

  18. The BYKEA driver has been briefed to drive his vehicle in a safe manner. However, customers who use BYKEA transportation services are responsible for their own safety. Therefore. if you feel uncomfortable with the way the BYKEA driver is riding his motorcycle, please immediately alert the driver to be more careful.

  19. BYKEA is not directly responsible for accidents involving BYKEA partner drivers to either damage to the vehicle or personal injury caused by the accident. All expenses and charges that may arise on the incident would be directed to the personal responsibility of BYKEA partner drivers. If there is information that can be helpful to the investigation as license plates of the motorbikes, BYKEA can only help as a mediator in bringing both parties to find a solution regarding the issue.

  20. BYKEA Pakistan provides coverage for all RIDE customers. Accident death or disability coverage is up to PKR 200,000/- and hospitalization expenses are covered up to PKR. 25,000/-.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old.


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


  1. You will only use the Service for lawful purposes;

  2. You will only use the Services for the purpose for which it is intended to be used;

  3. You are the owner of the device used and the SIM is registered is lawfully operated in your name and you are making any reservations through our platform for your own personal use purpose and not for a third party;

  4. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

  5. You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

  6. You will not use the Services, Application and/or Software for purposes other than obtaining the Services;

  7. You shall not contact the Third Party Transportation Provider for purposes other than the Services;

  8. You will not impair the proper operation of the network;

  9. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Transportation Provider;

  10. You will not try to harm the Services, Application and/or the Software in any way whatsoever;

  11. You will not copy, or distribute the Software or other content without written permission from the Company;

  12. You will only use the Software and/or the Application for your own use and will not resell it to a third party;

  13. You will keep secure and confidential your Account pin code / password or any identification we provide you which allows access to the Services;

  14. You will provide us with whatever proof of identity we may reasonably request or require;

  15. You agree to provide accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Services at any time with or without notice;

  16. You will only use an access point or data account (AP) which you are authorized to use;
  17. You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing Passengers;

  18. You are aware that when requesting transportation services by Call or SMS or use of the Service, standard telecommunication charges will apply;

  19. You shall not impair or circumvent the proper operation of the network which the Service operates on;

  20. You agree that the Service is provided on a reasonable effort basis; and

  21. You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

  22. We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.

  23. You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.

  24. You may terminate your account by informing us of your intention to cancel your account. We will try to do our best to complete the termination, including the return of your Credits (excluding the amount gained from referral or any other promotion) in 15 (fifteen) business days.

License Grant & Restrictions

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

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or Bykea’s Software (the “Software”) in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Services.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or in violation of third party privacy rights; (iii) send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.


NOTIFICATIONS


By creating an Account, you agree that the Bykea Services may send you informational text (SMS) messages or such other communication through e-mail or by other electronic means including notifications as part of the normal business operation of your use of the Bykea Services.


PROMOTIONAL CODES

Bykea may, in its sole discretion, create promotional codes that may be redeemed for Credit (defined below), or other features or benefits related to the Bykea Services and/or a Third Party Service Provider’s services, subject to any additional terms that Bykea establishes on a per promotional code basis (the “Bykea Promo Codes”). You agree that Bykea Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bykea; (iii) may be disabled by Bykea at any time for any reason without liability to Bykea; (iv) may only be used pursuant to the specific terms that Bykea establishes for such Bykea Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Bykea reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Bykea determines or believes that the use or redemption of the Bykea Promo Code was in error, fraudulent, illegal, or in violation of the applicable Bykea Promo Code terms or these Bykea Terms and Conditions.


USER PROVIDED CONTENT

Bykea may, in its discretion, permit you from time to time to submit, upload, publish or otherwise make available to Bykea through the Bykea Services such content and information, including comments and feedback related to the Bykea Services, initiation of support requests, and submission (the “User Content”). Any User Content provided by you remains your property. However, by providing User Content to Bykea, you grant Bykea a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Bykea Services and Bykea’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bykea the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Bykea’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bykea in its sole discretion, whether or not such material may be protected by law. Bykea may, but shall not be obligated to, review, monitor, or remove User Content, at Bykea’s sole discretion and at any time and for any reason, without notice to you.

Bykea provides service of free online classifieds. We act as an online market place platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the application. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Bykea is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Application at your own risk.

1. You understand that Bykea does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Bykea’s domain or other means of electronic communication, whether through the application or another Third Party source or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Application and the Service ("Content"), and that by using the application and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

2. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Bykea be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service.

3. You acknowledge and agree that Bykea permits such goods and services to be displayed and offered on the Application that conform with the terms stated herein, however Bykea does not pre-screen or approve any Content, but that Bykea has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Bykea’s knowledge or for any other reason or no reason at all. Furthermore, the Application and Content available through the Application may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Bykea. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Bykea makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other Websites is completely at your own risk and Bykea disclaims all liability thereto.

4. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: i) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by Bykea on the Application and that any copyrights therein belongs to Bykea and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to Bykea. ii) you acknowledge that the information and/or photographs that you post on the Application is stored and compiled by Bykea in a proprietary database and that the uploaded information and/or photographs are modified by Bykea by applying a watermark of Bykea logo and in such derivate works also the copyright belongs to Bykea. iii) you shall continue to, for such time the Content is available on the Application, have the necessary licenses, authorizations, consents, and permissions to use such Content on the Service and Application (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and wherever required, in such cases where you have the right, hereby authorize and license Bykea to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Application and these Terms; and iv) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Application and these Terms. For clarity, by submitting any Content on the Application, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to Bykea an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Application and Bykea’s (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Application and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. Furthermore, by you posting Content to any public area of the Service, to the extent you retain any ownership of any rights, you agree to and do hereby grant to Bykea all exclusive rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Application by any party for any purpose including the right to initiate legal action in accordance with the copyright and other laws of Pakistan. You also hereby grant each user of the Application a non-exclusive license to access your Content through the Application. The foregoing license to each user granted by you terminates once you or Bykea remove or delete such Content from the Application.

5. Bykea does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Bykea expressly disclaims any and all liability in connection with user Content. Bykea does not permit copyright infringing activities and infringement of intellectual property rights on the Application, and Bykea may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Bykea reserves the right to remove any Content without prior notice. Bykea may also terminate a user's access to the Application, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Application more than twice. Further, at its sole discretion, Bykea reserves the right to decide whether any Content is appropriate and complies with these Terms.

6. Users are solely responsible for their job postings on Bykea’s application. Bykea is not to be considered to be an employer with respect to Your use of the application and Bykea shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on Bykea’s application. By using the application or software, you agree that:

  1. You many not use any hyperlinks, other than those specifically authorized by Bykea.

  2. You may not use any misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Bykea’s reasonable discretion.

  3. You many not post more than one job or job description, more than one location, or more than one job category, unless the product so allows.

  4. You may not post inaccurate, false, or misleading information; and material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

  5. You may not post jobs in a manner that does not comply with applicable local, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.

  6. You may not post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job.

  7. You may not post any job opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling.

  8. You may not advertise sexual services or seek employees for jobs of a sexual nature.

  9. You may not request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy.

  10. You may not endorse a particular political party, political agenda, political position or issue; promote a particular religion; except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

Bykea reserves the right to remove any job posting or content from any user content listed on Bykea’s Services platform, which in the reasonable exercise of Bykea’s discretion, does not comply with the above Terms, or if any content is posted that Bykea believes is not in the best interest of Bykea.

If at any time during Your use of Bykea Services, You made a misrepresentation of fact to Bykea or otherwise misled Bykea in regards to the nature of Your business activities, Bykea will have grounds to terminate Your use of Bykea’s Services.


NETWORK ACCESS AND DEVICES

You acknowledge that the data network access is necessary to use the Bykea Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Bykea Services from a wireless-enabled electronic device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Bykea Services and Applications and any updates thereto. Bykea does not guarantee that the Bykea Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Bykea Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.


PAYMENT

You understand that in consideration of the use of the Bykea Services, you will be charged and will be required to pay for the services you receive from a Third Party Service Provider (“Charges”). After you have received services obtained through your use of the Bykea Service, Bykea will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes prescribed under the law. Charges paid by you are final and non-refundable, unless otherwise determined by Bykea.


All Charges are due immediately and payment will be facilitated by Bykea using the preferred payment method designated in your Account, after which Bykea will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Bykea may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.


As between you and Bykea, Bykea reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Bykea Services at any time in Bykea’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Bykea 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. Bykea may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Bykea Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Bykea Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Service Provider at any time prior to such Third Party Service Provider’s arrival, in which case you may be charged a cancellation fee.


The payment structure provided herein is intended to fully compensate the Third Party Service Provider for the services provided. You understand and agree that, while you are free to provide additional payment as a tip/gratuity to any Third Party Service Provider who provides you with services obtained through the Bykea Service, you are under no obligation to do so. Tips/gratuities are voluntary. After you have received services obtained through the Bykea Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Service Provider.


OUR LIABILITIES

  1. We are not liable for any injury, death, damage or loss caused by the conduct of the Service Providers. We are also not liable for any wrongdoings, including traffic violations, or any criminal actions conducted by the Service Providers during the performance of the Services. The Service Providers are only our working partners, not our employees, agents or representatives.

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

  3. We employ appropriate and reasonable technical and security measures to keep the Application secure and virus and error free. However, as effective as this technology is, no security system is impenetrable. We therefore cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.

  4. The Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Service Provider being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.

  5. The quality of the Service obtained through the use of the Application is entirely the responsibility of the Service Provider who ultimately provides the Service to you. You understand, therefore, that by using the Application, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.


DISCLAIMERS:

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


LIMITATION OF LIABILITY

BYKEA 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 BYKEA SERVICES, EVEN IF BYKEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYKEA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE BYKEA SERVICES OR YOUR INABILITY TO ACCESS OR USE THE BYKEA SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF BYKEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYKEA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BYKEA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE 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. BYKEA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES AIRSING OUT OF PROVISION OF SUCH SERVICES. IN NO EVENT SHALL BYKEA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE BYKEA SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED PAKISTANI RUPEES (PKR 100).

BYKEA SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT BYKEA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.


Modification or Suspension of the Application or Bykea Services

Bykea may at any time modify, discontinue, or suspend its operation of this Website, Application, Bykea Wallet or Bykea Services, or any part thereof, temporarily or permanently, without notice or any liability to you. Changes will be effective when posted on the Website or Application. We may provide additional features and services and we may cease to provide any feature or service previously provided.


Additional Terms

Additional terms and conditions may apply to specific portions of the Application, Website or Bykea Wallet, or your use of the Application, Website or Bykea Wallet, terms which are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed, or applicable to, a specific portion of the Application, Website or Bykea Wallet, or your use of the Application, Website or Bykea Wallet, the latter terms shall control with respect to your use of that portion of the Application, Website or Bykea Wallet.


Severability of Agreement

If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained herein shall continue in full force and effect.


INDEMNITY

You agree to indemnify and hold Bykea 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 Website, Application, Bykea Wallet or Bykea Services; (ii) your breach or violation of any of these Bykea Terms and Conditions; (iii) Bykea’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Service Providers.


GOVERNING LAW AND ARBITRATION

Except as otherwise set forth in these Bykea Terms and Conditions, these Bykea Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of Pakistan and the courts of Karachi, Sindh shall have exclusive jurisdiction. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Bykea Services or these Bykea Terms and Conditions, including those relating to its validity, its construction or its enforceability (the “Dispute”) shall be first settled amicably. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the Dispute, the Dispute shall be resolved by means of arbitration pursuant to the Arbitration Act, 1940. The arbitration proceedings shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator appointed by Bykea. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be in Sindh, Karachi. The award of the arbitral tribunal shall be final and binding.