Terms and Conditions

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TECHNOLOGIES EGYPT LLC

Terms and Conditions

Last update Aug 2023

  1. Contractual Relationship

    2. These Terms of Use ("Terms") govern the access or use by you, an individual, from Egypt (the “Territory”) of applications, websites, content, products, and services (the "Services") made available by Hwilo Technologies Egypt LLC, a limited liability company incorporated under Egyptian law in Cairo, Egypt, registered in Cairo with the Investment Commercial Register under number 209519 (Hwilo).


    PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.


    • You represent and warrant that:

      1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Hwilo the license to the User Content as set forth above;
      2. neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Hwilo'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.

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


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


    • Hwilo may amend the Terms related to the Services from time to time. Amendments will be effective upon Hwilo's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in Hwilo's Privacy Policy located at Privacy Notice. You hereby confirm having read and accepted Hwilo's Privacy Policy and you hereby expressly accept that Hwilo may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.


  2. The Services


    • The Services constitute a technology platform that enables users of Hwilo' s mobile applications or websites provided as part of the Services (each, an "Application") 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 Hwilo or certain of Hwilo's affiliates ("Third Party Providers''). Unless otherwise agreed by Hwilo in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.


    • YOU ACKNOWLEDGE THAT Hwilo 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 Hwilo OR ANY OF ITS AFFILIATES.


    • License.

      Subject to your compliance with these Terms, Hwilo grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to:

      1. access and use the Applications on your personal device solely in connection with your use of the Services; and
      2. access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Hwilo and Hwilo's licensors.

    • Restrictions.

      In addition to the general obligations set out under the subheading “Activities” in paragraph 3 below, you specifically agree to not , without the prior explicit written consent of Hwilo:

      1. remove any copyright, trademark or other proprietary notices from any portion of the Hwilo Services;
      2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Hwilo Services except as expressly permitted by Hwilo;
      3. decompile, reverse engineer or disassemble the Hwilo Services;
      4. link to, mirror or frame any portion of the Hwilo Services;
      5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Hwilo Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Hwilo Services; or
      6. attempt to gain unauthorized access to or impair any aspect of the Hwilo Services or its related systems or networks.

    • Provision of the Services.

      You acknowledge that portions of the Hwilo Services may be made available under HWILO’s various brands or request options associated with transportation, including the transportation request brands currently referred to as “Premium” and “Economy”. You also acknowledge that the HWILO Services may be made available under such brands or request options by or in connection with:

      1. certain of Hwilo’s Affiliates; or
      2. independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorisations or licenses.

    • Third Party Services and Content.

      The Services may be made available or accessed in connection with third party services and content (including advertising) that HWILO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. HWILO does not endorse such third party services and content and in no event shall HWILO be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.


    • Ownership.

      The Services and all rights therein are and shall remain Hwilo's property or the property of Hwilo's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

      1. in or related to the Services except for the limited license granted above; or
      2. to use or reference in any manner Hwilo's company names, logos, product and service names, trademarks or services marks or those of Hwilo's licensors "Irrespective of whether or not they are registered or unregistered".

  3. User Use of the Services User Accounts.


    • User Accounts.

      In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Hwilo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). 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 Services or Hwilo's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Hwilo in writing, you may only possess one Account.


    • User Requirements and Conduct.

      The Service is not available for use by persons under the age of 21. You may not authorize third parties to use your Account, and you may not allow persons under the age of 21 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. 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 Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the 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 Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.


    • Text Messaging.

      By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Hwilo at any time by following the directions found at Hwilo Website You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.


    • Promotional Codes.

      Hwilo may, in Hwilo's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Hwilo establishes on a per promotional code basis ("Promo Codes''). You agree that Promo Codes:

      1. must be used for the intended audience and purpose, and in a lawful manner;
      2. 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 Hwilo;
      3. may be disabled by Hwilo at any time for any reason without liability to Hwilo;
      4. may only be used pursuant to the specific terms that Hwilo establishes for such Promo Code;
      5. are not valid for cash; and
      6. may expire prior to your use. Hwilo 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 Hwilo 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 these Terms.

    • User Provided Content.

      Hwilo may, in HWILO's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Hwilo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Hwilo, you grant HWILO 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 Services and Hwilo'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:

      1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Hwilo the license to the User Content as set forth above; and
      2. neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Hwilo'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 Hwilo in its sole discretion, whether or not such material may be protected by law. Hwilo may, but shall not be obligated to, review, monitor, or remove User Content, at Hwilo's sole discretion and at any time and for any reason, without notice to you.


    • Network Access and Devices.

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


  4. Payment


      5. You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, you hereby expressly agree that Hwilo or its collection agent contracted for that purpose will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Without prejudice to applicable laws and regulations, charges paid by you are final and non-refundable, unless otherwise determined by Hwilo. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Hwilo will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

      All Charges are due immediately and payment will be facilitated by Hwilo using the preferred payment method designated in your Account, after which Hwilo or its collection agent contracted for that purpose 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 Hwilo or its collection agent contracted for that purpose 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 Hwilo, and without prejudice to applicable laws and regulations Hwilo reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Hwilo's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Hwilo 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. Hwilo 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 or goods obtained through the use of the 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 Services or the Charges applied to you.

      You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee.

      This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Hwilo does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Hwilo (on Hwilo's website, in the Application, or in Hwilo's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Hwilo provide any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

      Repair or Cleaning Fees. You hereby expressly agree that 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 ("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 Hwilo in Hwilo's reasonable discretion, Hwilo 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 Hwilo to the applicable Third Party Provider and are non-refundable.


  5. Disclaimers Limitation of Liability; Indemnity.


      6. You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking. Should you leave your property in the vehicle of a Third Party Provider, the Third Party Provider may hand over your property to you, Hwilo or to the Hwilo local service entity.

      Whilst you may expect Third Party Providers to hand over your property to you, the offices of Hwilo or the Hwilo local service entity, Hwilo or the Hwilo local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Hwilo or the Hwilo local service entity shall not be liable for the loss or damage to your property whilst it is in transit.

      Whilst Hwilo or the Hwilo local service entity will take reasonable steps to establish the owner of property left in a Third Party Provider’s vehicle if returned to the offices of Hwilo or the Hwilo local service entity, when your property is in Hwilo’s or the Hwilo local service entity’s possession, you understand and agree that:

      1. Hwilo or the Hwilo local service entity will only keep your property in its possession for a maximum period of one month from the date on which the Third Party Provider handed your property to Hwilo or the Hwilo local service entity; and
      2. should you fail to collect your property from Hwilo or the Hwilo local service entity before the expiry of the one month period stipulated, Hwilo or the Hwilo local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Hwilo or the Hwilo local service entity in respect of your unclaimed property.

  6. Arbitration & Dispute Resolution.


    • Arbitration.

      You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Applications or Hwilo Services (collectively, "Disputes'') will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Hwilo Inc 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 Hwilo 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 Hwilo 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 Applications or these Terms, 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:

      1. the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
      2. the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

  7. Other Provisions


    • Choice of Law

      These Terms are governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, 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

      Notice Hwilo may give notice by means of a general notice on the Hwilo Services, 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 Hwilo by written communication to Hwilo’s address.

      General You may not assign or transfer these Terms in whole or in part without Hwilo’s prior written approval. You give your approval to Hwilo for it to assign or transfer these Terms in whole or in part, including to:

      1. an Affiliate;
      2. an acquirer of Hwilo’s equity, business or assets; or
      3. a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Hwilo or any Third Party Provider as a result of the contract between you and Hwilo or use of the Hwilo Services.

      If any provision of these Terms 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 these Terms but the legality, validity and enforceability of the other provisions in these Terms 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 these Terms. These Terms constitute 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. In these Terms, the words "including" and "include" mean "including, but not limited to."


  8. Data Collection


    9. In addition to the data that Hwilo collects through Contractor’s Participation on the Hwilo Platform and addressed in the Hwilo Terms of Service and Hwilo Privacy Policy, Hwilo will collect location-based data from the Equipment at all times it is powered on, regardless of whether Contractor is using the Hwilo Platform. Hwilo uses this location-based data that it collects from the Equipment to perform research, testing, analysis in order to improve the Program, and for advertising. Additionally, Hwilo will use this data to assist with loss prevention in the event the Equipment has gone missing. Contractor also acknowledges that Contractor and any person operating the vehicle are aware of and consent to the use of the Equipment and the data collection practices described above. Contractor also acknowledges that they are responsible for powering on the Equipment only when driving to provide ride hailing services and otherwise powering the Equipment off.


YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND ACCEPT THE FOREGOING TERMS AND CONDITIONS, INCLUDING THE ARBITRATION PROVISIONS CONTAINED HEREIN. YOU ALSO ACKNOWLEDGE AND AGREE THAT Hwilo WILL COLLECT LOCATION-BASED DATA FROM THE EQUIPMENT AT ALL TIMES THE EQUIPMENT IS POWERED ON, REGARDLESS OF WHETHER OR NOT YOU ARE USING THE Hwilo PLATFORM.