Terms and Conditions
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Private Limousine LLC, a company with its registered office at P.O. Box: 83003, Dubai, UAE. (“PL”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
This Agreement governs your use of the PL applications, website, call center and technology platform (collectively, the “PL Platform”). In many jurisdictions, the right to operate the PL Platform is licensed by PL to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the PL Platform in your jurisdiction. Where no Affiliate exists in your jurisdiction but use of the PL Platform is available to you, the right to access and use the PL Platform will be provided to you by our Affiliate if available in your country.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE PL PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PL PLATFORM.
Your access and use of the PL Platform constitute your agreement to be bound by this Agreement, which establishes a contractual relationship between you and PL. PL may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the PL Platform or any portion thereof, at any time for any reason without notice or disclosing the reason and you shall not be entitle for any compensations on such case.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, 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, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
PL may amend this Agreement from time to time. Amendments will be effective upon PL’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the PL Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
The PL Platform
The PL Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services, the e-hailing services (“Services”) can be matched with persons, including drivers (“Drivers”) who can provide the Services. Each User shall create a User account that enables access to the PL Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Driver or other third-party provider to a User shall constitute a separate agreement between such persons.
Materials posted on the PL Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the PL Platform, or by anyone who may be informed of any of its contents.
We aim to update the PL Platform regularly and may change the content at any time. If the need arises, we may suspend access to the PL Platform and the Services or close them indefinitely. Any of the material on the PL Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
Subject to your compliance with this Agreement, PL grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the PL Platform on your personal device solely in connection with your use of the PL Platform; and (ii) access and use any content, information and related materials that may be made available through the PL Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by PL and PL’s licensors.
Third Party Services and Content.
PL Platform Ownership.
The PL Platform and all rights therein are and shall remain PL’s property or the property of PL’s licensors. Neither this Agreement nor your use of the PL Platform convey or grant to you any rights: (i) in or related to the PL Platform except for the limited license granted above; or (ii) to use or reference in any manner PL’s company names, logos, product and service names, trademarks or services marks or those of PL’s licensors.
Provision of the Services.
You acknowledge that portions of the Services may be made available under PL’s various brands or request options, including transportation request brands, the logistic request brands and the e-wallet brand.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third-party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses.
PL will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
It is at PL’s discretion which brands or request options are made available to you.
Use of the PL Platform
In order to use most aspects of the PL Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to PL certain personal information, such as your name, address, mobile phone number, gender 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 may result in your inability to access and use the PL Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or PL’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the PL Platform.
Unless otherwise permitted by PL in writing, you may only possess one Account.
User Requirements and Conduct.
The PL Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Drivers unless they are accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the PL Platform, and you may only use the PL Platform for lawful purposes. You will not, in your use of the PL Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Driver, Restaurant Partner, other third-party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the PL Platform, and you agree that you may be denied access to or use of the PL Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the PL Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions, Bundles, Credits and Referral Programs.
PL, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with PL. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). PL reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that PL 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.
You agree that 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 PL; (iii) may be disabled by PL at any time for any reason without liability to PL; (iv) may only be used pursuant to the specific terms that PL establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) PL may establish additional terms relating to specific promotions. PL 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 PL determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User account, PL may provide you with or allow you to create a “PL Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Drivers (“Referred Drivers”). PL Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your PL Code. You are prohibited from advertising PL Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. PL reserves the right to deactivate or invalidate any PL Code at any time in PL’s sole discretion.
As part of your User account, PL may provide you with access to a feature in the PL application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“PL Credit”); and/or (iii) transfer PL Credit to or receive PL Credit from other Users, against payment of any applicable PL Fees and subject to any limits on the number of transfers or the amount of PL Credit you can send and/or receive, which Fees and limits may be modified by PL from time to time.
When transferring PL Credit balance to another User, the amount transferred and the applicable PL Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of PL Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, PL is merely enabling the transfer of PL Credit balance and is no way responsible for the actions of the individual Users, including the reason for which PL Credit is transferred by or to you.
You may be entitled to purchase bundles of PL Credit (“PL Bundles”) or you may receive trip discounts (“Trip Discounts”) or service discounts (“Service Discounts”) that you can apply toward payment of certain Services.
PL Bundles, PL Credits, Trip Discounts and Service Discounts are only valid for use on the PL Platform, and are not transferable or redeemable for cash and may only be used for certain Services. PL Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value, we will charge your payment method on file for the outstanding cost of the trip.
Additional restrictions on PL Bundles, PL Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. PL may cancel, or vary the terms, relating to any PL Bundles, PL Credits, Trip Discounts or Service Discounts at any time in its sole discretion.
From time to time, PL may offer you incentives to refer new Users to the PL community (the “Referral Program”). These incentives may come in the form of PL Credits, Trip Discounts and/or Service Discounts, and PL may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
The ability to access mobile top up services is made available to you through the PL Platform and is subject to change and availability. PL is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the PL Platform.
You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the PL Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. PL shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.
The top up mobile recharge cost will change depending on the denominations indicated on the PL Platform. The total cost, number recharged and the relevant mobile operator will be shown on the PL Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the PL Platform.
Charges and Payments
As a User, you agree to pay any amounts charged by PL (the “PL Fee”) (if applicable in your jurisdiction) and amounts charged by Drivers or other independent third-party provider for providing Services to you (“Charges”).
After you have received Services from a Driver or other independent third-party provider, PL: (i) may facilitate your payment of the applicable Charges on behalf of the Driver as such Driver’s limited payment collection agent and (ii) may collect any applicable PL Fee directly from you or, in the case of a cash payment, from the relevant Driver. Payment of the Charges and PL Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Driver or other independent third-party provider or to PL, as applicable. Charges and PL Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and PL Fees paid by you are final and non-refundable, unless otherwise determined by PL, then the Refunds will be done only through the Original Mode of Payment.
We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency), All Charges and PL Fees are due immediately and payment will be facilitated by PL using the preferred payment method designated in your Account, after which PL or a Driver, as applicable, 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 PL may, on its own behalf, and as the Driver’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and PL, PL reserves the right to establish, remove and/or revise PL Fees at any time in PL’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and PL Fees applicable in certain geographical areas may increase substantially during times of high demand. PL will use reasonable efforts to inform you of Charges and PL Fees that may apply, provided that you will be responsible for Charges and PL Fees incurred under your Account regardless of your awareness of such Charges or PL Fees, as applicable, or the amounts thereof.
Repair or Cleaning Fees.
You shall be responsible for the cost of damage to, or necessary cleaning of, Driver vehicles and property resulting from use of the PL Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by PL in PL’s reasonable discretion, PL reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver using any of your payment methods. Such amounts will be transferred by PL to the applicable Driver and are non-refundable.
With respect to your use of the PL Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the PL Platform or the servers or networks connected to the PL Platform (v) post information or interact on the PL Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the PL Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) 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 (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the PL Platform (x) “frame” or “mirror” any part of the PL Platform, without our prior written authorization 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 (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the PL Platform or any software used on or for the PL Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the PL Platform or access to any portion of the PL Platform (xiii) 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 PL Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) 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 (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Driver shall be permitted to refuse to provide you Services or, if such Services have commenced, a Driver shall be permitted to refuse to continue to provide you Services.
Disclaimers; Limitation of Liability; Indemnity
THE PL PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PL PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE PL PLATFORM, OR THAT THE PL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. PL AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PL PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
PL and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Driver Restaurant Partner, mobile operator, or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Drivers or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left a vehicle.
By using the PL Platform and participating in the Services, you agree to accept such risks and agree that PL is not responsible for the acts or omissions of Users, Drivers, Restaurant Partners, mobile operators, or any other third party.
You acknowledge that PL may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that PL is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
PL and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the PL 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 PL, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the PL Platform. Any of your information, including geolocational data, you upload, provide, or post on the PL Platform may be accessible to PL, selected partners and relevant Drivers.
LIMITATION OF LIABILITY.
PL AND ITS AFFILIATES AND ITS PARTNERS 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 PL PLATFORM OR SERVICES, EVEN IF PL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PL AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PL PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PL PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVER OR OTHER THIRD-PARTY PROVIDER, EVEN IF PL OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PL AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT DRIVERS 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. IN NO EVENT SHALL PL’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PL PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE PL PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH DRIVERS BUT YOU AGREE THAT PL, ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold PL, its Affiliates, Restaurant Partners and other partners and their 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 PL Platform and the Services or services or goods obtained through your use of the PL Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Drivers.
General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, PL will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). PL may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, PL reserves the right to offer an alternative prize of equal or greater value if circumstances beyond PL’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to PL’s communication within the communicated timeframe, PL reserves the right to offer the prize to the next eligible Entrant. PL will not be liable if the Prize does not reach the Competition Winner for reasons beyond PL’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither PL nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside PL’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL PL’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
PL reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then PL shall have the sole discretion to decide finally on any such matter. PL’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the PL Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Private Limousine LLC if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and PL are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and PL and/or any of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the PL Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the UAE, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to PL at firstname.lastname@example.org.
PL may give notice by means of a general notice on the PL Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to PL by written communication to PL’s email address at email@example.com.
You may not assign or transfer your rights under this Agreement in whole or in part without PL’s prior written approval. You give your approval to PL for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of PL’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, PL or any Driver as a result of the contract between you and PL or use of the PL Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.