Terms and Conditions
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Motaxi. (“Motaxi,” “we,” “us” or “our”) governing your use of the Motaxi application, website, and technology platform (collectively, the “Motaxi Platform”) on behalf of Heyroad Limited.
By entering into to this Agreement, and/or by using or accessing the Motaxi platform you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Motaxi Platform.
For avoidance of doubt, Motaxi does not itself provide transportation services. Motaxi acts as intermediary between you and the transportation provider.
The platform provides a marketplace where persons who seek transportation to certain destinations (“Passengers”) can be matched with licenced taxi drivers driving to or through those destinations (“Partners”).
Partners and Passengers are collectively referred to herein as “users,” and each user shall create a user account that enables access to the Motaxi Platform. Each person may only create one user account, and Motaxi reserves the right to shut down any additional accounts. As a user, you authorise Motaxi to match you with a Partner or user based on factors such as your location, the estimated time to pick up, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations.
For purposes of this Agreement, the driving services provided by Partners to users that are matched through the Platform shall be referred to collectively as the “services”. Any decision by a user to offer or accept services is a decision made in such user’s sole discretion. Each transportation service provided by a Partner to a user shall constitute a separate agreement between such persons.
Modification of the Agreement
In the event Motaxi modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Motaxi reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Motaxi Platform or services after any such changes shall constitute your consent to such changes
The Motaxi Platform may only be used by individuals who can form legally binding contracts under applicable law. The Motaxi Platform is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated.
By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your user account, and you agree that you are the sole authorised user of your account.
As a user, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, surcharges, and taxes.
Motaxi has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms on the Motaxi Platform or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the time of the day and level of demand. You are responsible for reviewing the applicable price quote within the Motaxi app and shall be responsible for all charges incurred under your user account regardless of your awareness of such charges or the amounts thereof.
Prices for transportation services are automatically calculated via the Motaxi platform. The calculation is based on the estimated distance from the pick-up point to the destination addresses and the time at which the ride is requested. You can see the total fare for a trip upon making a booking.
Following a ride, you may choose to tip your Partner in cash at your own discretion.
Facilitation of Charges.
All Charges are facilitated through a third-party payment processing service (e.g., MIPS Payment Gateway and MCB Juice by Mauritius Commercial Bank).
Motaxi may replace its third-party payment processing services without prior notice. Charges shall only be made through the Motaxi Platform. Your payment of Charges to Motaxi satisfies your payment obligation for your use of the Motaxi Platform and services.
Motaxi In-app Wallet
The Motaxi Platform provides a facility for users to add funds into their in-app wallet which can be used for any service within the Motaxi Platform. The funds once added cannot be withdrawn or refunded to the user. Funds in your Motaxi Platform Wallet are not transferrable by any means or form.
Refund Policy and Cancellations
All charges are non-refundable. This policy shall apply regardless of your decision to terminate usage of the Motaxi Platform, any disruption to the Motaxi Platform or services, or any other reason whatsoever with the following exceptions:
- in case of cancellation of a ride, the user should notify the other party by triggering the Cancel button (or slider) on the application;
- if the ride was planned for later, then the user should call our hotline as soon as possible to notify us, and no cancellation fees will be applied if our Partner did not start the ride to your pickup point;
- if one of our Partner already accepted the ride, a cancellation fee of up to MUR 250 will be applied to the user requesting the cancellation;
- if one of our Partner cancels the ride after confirmation of availability, a cancellation fee of up to MUR 200 will be applied to the Partner and will be deducted from future bookings and the user will be refunded his booking to the in-app wallet.
You may receive Promo codes that you can apply toward payment of certain charges during the booking process of a Ride.
Payment to our partners
If you are a Partner, you will receive payment for your provision of Services pursuant to the terms of the Partner Agreement signed between you and Motaxi.
Communication by Motaxi
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. Communications from Motaxi, may include but are not limited to: operational communications concerning your user account or use of the Motaxi Platform or Services, updates concerning new and existing features on the Motaxi Platform, communications concerning promotions run by us or our third-party partners, and news concerning Motaxi and industry developments. Standard text messaging charges applied by your cell phone carrier may apply to text messages you send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Motaxi Platform or the services. If you may have the option to opt out of some email, texts or calls from Motaxi (including operational or transactional texts or calls), however you acknowledge that opting out of receiving email, texts or calls may impact your use of the Motaxi Platform or the services.
Promotions and Referral Programs
Motaxi, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with us. Motaxi reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Motaxi determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, Motaxi may provide you with or allow you to create a “Motaxi Code,” a unique numeric or alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new Motaxi Users (“Referred Users”) or Partners (“Referred Partners”). Motaxi Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Motaxi Code. You are prohibited from advertising Motaxi Codes in any way, including through any of the following: Facebook, Linkedin, Instagram, Twitter, Google and any other social media Platform or website.
Motaxi reserves the right to deactivate or invalidate any Motaxi Code at any time at our own discretion.
From time to time, Motaxi may offer you with incentives to refer your friends and family to become new Users of the Motaxi Platform (the “Referral Program”). These incentives may come in the form of Motaxi Credits to your Motaxi App Wallet, and Motaxi may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives at its sole discretion.
With respect to your use of the Motaxi Platform and your participation in the Services, you agree that you will not:
1) impersonate any person or entity;
2) stalk, threaten, or otherwise harass any person, or carry any weapons;
3) violate any law, statute, rule, permit, ordinance or regulation;
4) interfere with or disrupt the Platform or the servers or networks connected to the Motaxi Platform;
5) post Information or interact on the Motaxi Platform or services in a manner which is fraudulent, abusive, obscene, profane, sexually oriented, harassing, or illegal;
6) use the Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
7) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Motaxi Platform;
9) “frame” or “mirror” any part of the Motaxi Platform, without our prior written authorisation or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
10) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Motaxi Platform or any software used on or for the Motaxi Platform;
11) rent, lease, lend, sell, redistribute, license or sublicense the Motaxi Platform or access to any portion of the Motaxi Platform;
12) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Motaxi Platform or its contents;
13) link directly or indirectly to any other websites;
14) transfer or sell your user account, password and/or identification to any other party
15) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause any third party to engage in the restricted activities above.
All intellectual property rights in the Motaxi Platform shall be owned by Heyroad Limited absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Motaxi Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Motaxi. Motaxi shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Motaxi and other Motaxi logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks of Motaxi in Mauritius (collectively, Motaxi Marks). If you provide services as a Partner, Motaxi grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Motaxi Marks solely in connection with providing the Services through the Motaxi Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Motaxi’s prior written permission, which it may withhold in its sole discretion. The Motaxi Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Heyroad Limited is the owner and licensor of the Motaxi Marks, including all goodwill associated therewith, and that your use of the Motaxi Marks will confer no additional interest in or ownership of the Motaxi Marks in you but rather inures to the benefit of Motaxi. You agree to use the Motaxi Marks strictly in accordance with Motaxi’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Motaxi determines to nonconforming or otherwise unacceptable.
You agree that you will not:
(1) create any materials that use the Motaxi Marks or any derivatives of the Motaxi Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Motaxi in writing;
(2) use the Motaxi Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Motaxi Marks other than in accordance with the terms, conditions and restrictions herein;
(3) take any other action that would jeopardize or impair Heyroad Limited’s rights as owner of the Motaxi Marks or the legality and/or enforceability of the Motaxi Marks, including, challenging or opposing Heyroad Limited’s ownership in the Motaxi Marks;
(4) apply for trademark registration or renewal of trademark registration of any of the Motaxi Marks, any derivative of the Motaxi Marks, any combination of the Motaxi Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Motaxi Marks;
(5) use the Motaxi Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, at Heyroad Limited’s sole discretion. If you create any materials bearing the Motaxi Marks (in violation of this Agreement or otherwise), you agree that upon their creation Heyroad Limited exclusively owns all right, title and interest in and to such materials, including any modifications to the Motaxi Marks or derivative works based on the Motaxi Marks.
You further agree to assign any interest or right you may have in such materials to Heyroad Limited, and to provide information and execute any documents as reasonably requested by Heyroad Limited to enable Heyroad Limited to formalise such assignment.
Heyroad Limited respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials on the Motaxi Platform or Services infringe upon your copyrights, please share your concerns via our support email firstname.lastname@example.org
The following disclaimers are made on behalf of Heyroad Limited and each of our respective officers, directors, employees, agents, and shareholders.
Motaxi does not provide transportation services, and Motaxi is not a transportation carrier. Motaxi is not a common carrier or public carrier. It is up to the Partner to decide whether or not to offer a ride to a user contacted through the Motaxi Platform, and it is up to the user to decide whether or not to accept a ride from any Partner contacted through the Motaxi Platform.
We cannot ensure that a Partner or user will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Motaxi Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Motaxi Platform and/or the Services, including the ability to provide or receive services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the Motaxi Platform 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 Motaxi Platform will be corrected, or that the Motaxi Platform 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 Motaxi Platform or Services.
We cannot guarantee that each user is who he or she claims to be. Please use common sense when using the Motaxi Platform and Services, including looking at the photos and/or vehicle registration of the Partner or user you have matched with to make sure it is the same individual you see in person.
Please note that there are also risks of dealing with underage persons or people acting under false pretence, and we do not accept responsibility or liability for any content, communication or other use or access of the Motaxi Platform by persons under the age of 18 in violation of this Agreement.
We encourage you to communicate directly via the Motaxi Platform with each potential Partner or user prior to engaging in an arranged transportation service.
Motaxi is not responsible for the conduct, whether online or offline, of any user of the Motaxi Platform or services. You are solely responsible for your interactions with other users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Partners or users.
By using the Motaxi Platform and participating in the services, you agree to accept such risks and agree that Motaxi is not responsible for the acts or omissions of users on the Motaxi Platform or participating in the services.
You are responsible for the use of your user account, user Wallet and Motaxi expressly disclaims any liability arising from the unauthorised use of your user account. Should you suspect that any unauthorised party may be using your user account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Motaxi Platform (including any profile information you provide), send to other users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other users on the Motaxi Platform or through the services.
Please carefully select the type of information that you post on the Motaxi Platform or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorised users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Motaxi or made available through the Motaxi Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Motaxi Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Motaxi Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
Location data provided by the Motaxi Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Motaxi, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Motaxi Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Motaxi Platform may be accessible to Motaxi and certain users of the Motaxi Platform.
Motaxi advises you to use the Motaxi Platform with a data plan with unlimited or very high data usage limits, and Motaxi shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Motaxi Platform.
This paragraph applies to any version of the Motaxi Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Motaxi. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Motaxi Platform. Motaxi is solely responsible for the Motaxi Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold Heyroad Limited and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Motaxi Platform and participation in the Services, including:
(1) your breach of this Agreement or the documents it incorporates by reference;
(2) your violation of any law or the rights of a third party, including, Partners, users, other motorists, and pedestrians, as a result of your own interaction with such third party;
(3) any allegation that any materials that you submit to us or transmit through the Motaxi Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
(4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of services as a Partner; and/or
(5) any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
In no event will Heyroad Limited and each of our respective officers, directors, employees, agents, or shareholders (collectively “Motaxi” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Motaxi Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Motaxi Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Motaxi Platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that Motaxi has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Users agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrarily of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the Republic of Mauritius.
The arbitration shall be conducted by the appropriate arbitrator body, or as otherwise mutually agreed by you and Motaxi. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and Motaxi agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, collective, or class proceeding.
You acknowledge and agree that you and Motaxi are each waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Term and Termination
This Agreement is effective upon your creation of a user account. This Agreement may be terminated: a) by user, without cause, upon seven (7) days’ prior written notice to Motaxi; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of this Agreement.
In addition, Motaxi may terminate this Agreement or deactivate your user account immediately in the event:
(1) a Partner no longer qualify to provide services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation;
(2) Motaxi has the good faith belief that such action is necessary to protect the safety of the Motaxi community or third parties, provided that in the event of a deactivation pursuant to the points above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Motaxi’s reasonable satisfaction prior to Motaxi permanently terminating the Agreement.
For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Motaxi’s satisfaction, this Agreement will not be permanently terminated.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Motaxi’s business, operations and properties, information about a user made available to you as Partner in connection with such user’s use of the Platform, which may include the user’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Motaxi for your own use or for any purpose other than as contemplated herein.
You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Motaxi in order to prevent it from falling into the public domain.
Notwithstanding the above, you shall not have liability to Motaxi with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Motaxi or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Motaxi; becomes known to you, without restriction, from a source other than Motaxi without breach of this Agreement by you and otherwise not in violation of Motaxi’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Motaxi to enable Motaxi to seek a protective order or otherwise prevent or restrict such disclosure.
This Agreement shall be governed by the laws of the Republic of Mauritius. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement.
In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Motaxi with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Motaxi Platform or Services, please contact us by email on email@example.com