TERMS AND CONDITIONS
Date of Publication: 22/02/2022
PART 1 – PLATFORM CONTENT AND USE OF THE PLATFORM
1. The services of 3Efreet are subject to the Terms and Conditions (“T&C” or “Terms”) outlined below. Please read this T&C document carefully before entering and using https://www.3efreet.com (the “Website”), or associated mobile applications or widget (herein after collectively known as ‘Platform’).
2. By accessing or using our Platform or using our services or any of the features of the Platform or by posting any content on the Platform, you agree to be bound by these T&C and all terms incorporated by reference and you warrant that you have the full autonomy to accept these T&C.
3. This Platform is owned and operated by Cybernetics Solutions FZCO (hereinafter referred to as “Company” or “3Efreet”), a company exists under UAE law and with its registered office at Technohub-1, DTEC, DSO, Dubai, UAE, Phone: +971 56 10 987 90 and Email: firstname.lastname@example.org.
4. Please keep in mind that this document is a legally binding agreement If you have not attained the age of giving legal consent, according to applicable laws, to this agreement, your parent or guardian must agree to this agreement on your behalf.
5. The Platform gives selected delivery Partners who work under registered delivery companies in UAE (the “Partner/s”) the opportunity to market and offer their services (the “Services”) through the Platform and, at the same time, gives the registered users of the Platform the ability to directly book the Services under the Terms and Conditions mentioned below.
BY USING THE PLATFORM, THE PARTNER AGREES THAT:
1. A contractual relationship exists between the Partner of the Platform (hereinafter referred to as ‘you’, ‘your’ or ‘Partner’) and 3Efreet whereby 3Efreet allows the Partner to use the Platform to offer their Services on the Platform.
2. These Terms applies exclusively to your access to and use of the Platform. If you are using the Platform on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and The Company for its violations of these Terms.
4. The Company does not provide Delivery Partner/DP Services (defined in the Partner’s Agreement available at [Agreement]), or (ii) function as a transportation/logistics carrier, (iii) operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers.
ACCESS TO THE PLATFORM
3. Access to the Platform is available when the Platform is online. 3Efreet has the right to put the Platform offline due to any reason it may deem appropriate or amend its content and services without prior notice. 3Efreet will not be liable if, for any reason, the Platform or any part of it is unavailable at any time or for any period.
DELIVERY PARTNER”S RELATIONSHIP WITH 3EFreet
1. 3Efreet does not and shall not be deemed to have any form of direct or indirect control over Partners inter alia with respect to the availability of such Partners, performance of DP Services by the Partners or maintenance of Partner’s vehicle or compliance with applicable laws applicable to Partners of DP Services. It is hereby clarified that there is no employer-employee relationship between 3Efreet and the Partners. The Partner acknowledges that 3Efreet does not control, or purport to control:
- when or for how long will the Partner utilize the Platform or the Services; or
- Partner’s decision, via the Platform, to attempt to bid on a User’s request for DP Services on the Platform.
2. The Partner is not an employee of 3Efreet. The Partner may thus choose to engage with other occupations or means of livelihood. There is no exclusivity arrangement with 3Efreetand the Partner have complete discretion to operate Partner’s independent business or enroll with other platform for performing similar services in accordance with your agreement with Partner’s delivery company. The Partner have no authority to bind 3Efreet and undertake not to hold Partner out as an employee, agent or authorized representative of 3Efreet or its affiliates. Where, by implication of mandatory law or otherwise, the Partner may be deemed an employee, agent or representative of 3Efreet, the Partner undertakes and agrees to indemnify, defend and hold 3Efreet and its affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
3. Partner’s account may be deactivated or otherwise restricted from accessing or using the Platform or the 3Efreet Services in the event of a violation of the Terms, disparagement of 3Efreet or any of its affiliates, or Partner’s act or omission that causes harm to 3Efreet’s or any of its affiliates’ brand, reputation or business as determined by 3Efreet in its sole discretion. 3Efreet also retains the right to deactivate or otherwise restrict the Partner from accessing or using the Platform or the 3Efreet Services for any other reason at the sole and reasonable discretion of 3Efreet.
4. The Partner agree that it may require certain enablers such as bikes, mobile phones, helmets, bags or other such instruments for it to perform DP Services. 3Efreet is not responsible to provide any such support to the Partner. In particular, 3Efreet is not responsible to provide the Partner with reimbursements of any fuel incurred by it, or insurance premium paid by it, or helmets purchased by the Partner. The Partner shall solely be responsible for maintaining the necessary equipment and internet connections that may be required to access, use and transact on the Platform and avail the 3Efreet Services.
5. 3Efreet may from time to time provide the Partner with certain advisories in respect of Partner’s performance of the DP Services. These advisories may be issued to facilitate compliance with applicable law or to generate a uniform platform experience for Users, Merchants and other Partners.
To facilitate provision of DP Services, the Partner may choose to avail certain third-party services such as personal loans, accident insurance policies etc. Some of these third-party services may be introduced to the Partner through 3Efreet. The choice of availing all such services is solely of the Partner. 3Efreet is not responsible for such services provided by third parties. If you choose to avail such benefits, the Partner authorize 3Efreet to share information about such Partner as required for such third party to provide the services to the Partner.
MISUSE OF THE PLATFORM
1. Notwithstanding anything contained in this Agreement, the Partner will be held personally responsible for any misuse of the Platform, In particular, 3Efreet may pursue a civil or criminal action in case the Partner: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
PART 2 – REGISRTATION AND PARTNER GENERATED CONTENET
1. In order to have access to the Platform, the Partner must register in the Platform, maintaining the confidentiality of your username and password and you shall be responsible for all activities that occur under your username and Password.
2. The Partner can create (receive) his/her own account on the Platform after completing and submitting the Registration form and clicking on the verification link that will be delivered via the registered phone number. The verification may be further subject to verification of the documents shared by the Partner by 3Efreet, or its personnel. After verification, the Partner will be able to access the full Platform including its contents, and features.
3. The Partner agree that if you provide any information that is untrue, inaccurate, not current or incomplete or 3Efreet have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these T&C, 3Efreet shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with access to the Platform.
4. The Partner can, at any time, delete his account by sending an e-mail to email@example.com. 3Efreet will make its best effort to deactivate the account in a timely manner.
5. The Partner must not allow any other person to use his/her account to access the Platform or use any other person’s account to access the Platform, and bears full responsibility for any access to the Platform made by third parties with his/her credentials. 3Efreet shall not be liable for any loss or damages whatsoever arising from a Partner’s inability to access any pages on the Platform.
6. 3Efreet have the right to disable any Partner name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. 3Efreet may also, in its sole discretion, limit the number of accounts that you may hold, maintain or acquire.
PARTNER GENERATED CONTENT
1. “Partner generated content” means all works and materials (including without limitation text, comments, reviews, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that the Partner submit to 3Efreet for publication on, or transmission via, its Platform.
2. 3Efreet does not claim ownership of any Partner generated content you make available through the Platform. At 3Efreet’s sole discretion, such Partner generated content may be included in the Platform in whole or in part or in a modified form. With respect to such materials, you submit or make available for inclusion on the Platform, you grant 3Efreet a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Partner generated content or any part of such Partner generated content (as well as use the name that you submit in connection with such submitted content).
3. The Partner hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. 3Efreet take no responsibility and assume no liability for any submitted content posted or submitted by the Partner. We have no obligation to post any Partner generated content; we reserve the right in our absolute discretion to determine what is published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Partner generated content.
4. The Partner agrees that it is fully responsible for the content the Partner submit. The Partner is prohibited from posting or transmitting to or from this Platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; and (ii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. The Partner shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
PART 3 – MISCELLANEOUS
REVIEWS, FEEDBACK AND TESTIMONIALS
1. 3Efreet may ask the Partner to provide reviews, feedback, or testimonials (hereinafter referred to as ‘Feedback’), for the Platform, and or other users. The Feedback should not be intentionally damaging, offensive or malicious. The Feedback may be used for internal purposes but could also be used publicly on the Platform, Partner and or services availed by the Partner. 3Efreet will not entertain any false Feedback. The Feedback should not include any contact information or personally idewithin the review.
1. Unless otherwise indicated, all rights regarding the Platform and its content/information, including copyrights and other intellectual property rights (including but not limited to trademark rights, trade name rights, database rights, design rights, patent law and other (written and/or unwritten) intellectual property rights) and all content provided by 3Efreet through the Platform (including but not limited to data, files, photographs, texts, layout, images, etc.) is proprietary to 3Efreet or its licensors.
2. The Partner may download or use any content of the Platform for personal non-commercial use only. Any usage for commercial purpose will require prior express written consent of and/or license granted for this purpose by 3Efreet.
3. The Partner is not entitled to change, modify, duplicate, transmit, distribute, any content of the Platform, including but not limited to website content, photographs, images, texts, graphics, video, or audio, either in whole or in part, and/or store it in any electronic storage device without the prior express written permission of 3Efreet.
4. 3Efreet expressly reserves all rights regarding the https://www.3efreet.com domain name and all related domains and sub-domains, the name “3Efreet”, the logo device, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
5. A Partner may link to any page of the Platform, for non-commercial purposes provided that he does so in a way that is fair and legal and which does not damage 3Efreet´s reputation or take unfair advantage of it. For the avoidance of any doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. The Partner must not link to the Platform in such a way as to suggest any form of association, approval or endorsement from 3Efreet where none exists.
6. 3Efreet reserves the right to withdraw linking permission at any time and without notice. If requested by 3Efreet, the Partner shall remove the link within six (6) hours of receiving the notice.
THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
1. The Platform may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. 3Efreet does not accept any responsibility for the content of any third party advertising.
2. The Platform and/or the contents may contain links to third party websites (including those of the Partners). If the Partner decides to visit any third party site, he/she does so at his/her own risk. 3Efreet is not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that 3Efreet or the Platform is, affiliated to or associated with such sites.
3. 3Efreet´s communications with the Partner may contain information sourced from third party websites. Content from a third party site will be marked as such and a link to the source website may be provided. 3Efreet accepts no responsibility or liability for any content supplied by or contained on any third party website which is linked from communications with the Partner, or any use of personal information by such a third party.
4. The inclusion of any link in 3Efreet´s communication with the Partner does not imply endorsement by it of the linked site. If a Partner decides to access linked third party websites, he/she does so at his/her own risk.
1. 3Efreet reserves the right at all times to edit, refuse to post, or to remove, from the Platform, any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
2. 3Efreet reserves the right to restrict your access to the Platform at any time without notice for any reason whatsoever. Without prejudice to the generality of the above, we reserve the right to restrict your access to the Platform at any time without notice in the event that we suspect you to be in material breach of any term of these Terms, or any agreement between 3Efreet and the Partner.
3. 3Efreet also reserves the right to modify or discontinue temporarily or permanently all or part of the Platform with or without notice without liability for any modification or discontinuance. If you have any questions about your pending transactions, please feel free to contact 3Efreet at firstname.lastname@example.org.
The Partner agrees, acknowledges and represents that:
1. it (i) has full power and authority to enter into the Terms and perform its obligations hereunder; (ii) has not entered into, and will not enter into, any arrangement that would prevent it from complying with this provisions of the Terms and applicable law; (iii) will comply with all applicable laws in its performance of the Terms, including holding and complying with all permits, licenses, registrations, certifications and other governmental authorizations necessary to provide DP Services using the required vehicle pursuant to this Terms.
2. materials of any kind submitted through its account or conduct while using the Platform will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material.
3. it may not use the Platform in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Platform. In addition, the Partner agrees not to use the Platform to intimidate, harass or in any way interfere with, disrupt, negatively affect or inhibit other Partners from using the Platform; impersonate any person or entity, or falsely state or otherwise misrepresent itself, its age or its affiliation with or authority to act on behalf of any person or entity.
4. it has not received any notice from any third party or any governmental authority and no litigation is pending against the Partner in any court of law which may have an adverse effect on the provision of logistic/delivery/transportation services.
5. it upon performing the DP Services, promptly and accurately update on the Platform that it has completed such DP Services or delivered the Item, as the case may be.
6. all governmental authorisations, consents, licenses, registration, approvals and other consents required under applicable laws for the provision of DP Services have been obtained and shall remain in force for as long as the Partner is using the Platform and availing the 3Efreet Services or during the provision of DP Services.
7. It will not access (or attempt to access) the Platform and the materials or by any means other than through the interface that is provided by 3Efreet. The Partner shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any of its content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
WARRANTIES AND LIMITATION OF LIABILITIES
2. 3Efreet only provide the platform between the Partner and the Partners, so 3Efreet can’t and does not make any warranties about quality, or safety, of engagement of Partners with other Users. The Partner release 3Efreet from any claims related to services provided by the Partner.
3. Content You Access. The Partner may come across materials that it finds offensive or inappropriate while using the Platform. 3Efreet makes no representations concerning any content posted by Partners through the Platform. 3Efreet is not responsible for the accuracy, copyright compliance, legality, or decency of content posted on the Platform. You release us from all liability relating to that content.
DISCLAIMER OF WARRANTIES/ LIMITATION OF LIABILITY
1. THE PLATFORM, AND OTHER MATERIALS ARE PROVIDED BY 3Efreet ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. BY ACCESSING OR USING THE PLATFORM OR 3EFREET SERVICES, THE PARTNER MAY BE EXPOSED TO CONTENT FROM OTHER USERS (INCLUDING BUT NOT LIMITED TO OTHER MERCHANTS, USERS AND DELIVERY PARTNERS) THAT IT MAY CONSIDER OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. 3EFREET DISCLAIMS ALL LIABILITIES ARISING IN RELATION TO SUCH OFFENSIVE CONTENT ON THE PLATFORM.
3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO PARTNER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE PLATFORM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY PARTNER CONTENT.
4. NOTWITHSTANDING ANYTHING CONTAINED UNDER THESE TERMS AND SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL 3Efreet OR ITS PERSONNEL’S AGGREGATE LIABILITY, ARISING FROM OR RELATED TO THESE TERMS OR THE USE OF THE PLATFORM SHALL NOT EXCEED AED 50 FOR ANY AND ALL CAUSES OF ACTIONS BROUGHT BY YOU OR ON BEHALF OF YOU.
3. You hereby acknowledge and agree that all Confidential Information provided to You or which is in Your custody shall be used by You only for the purposes of providing the DP Services in accordance with the provisions of the Terms.
4. If You choose to avail certain ancillary services from third party services, Your information may be required to be provided to such third-party services providers. You hereby consent to sharing your Confidential Information when You agree to receive such ancillary services.
1. The Partner shall indemnify and hold harmless to 3Efreet and (as applicable) 3Efreet ‘s partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the use of Partner’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Partner’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, and infringement of intellectual property or other rights.
APPLICABLE LAW AND JURISDICTION
1. These T&C’s shall be governed by and construed in accordance with laws of the United Arab Emirates. UAE is our country of domicile.
2. Any dispute claim (including non-contractual disputes or claims) arising out of or in connection with these T&C, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
3. Any claim shall first be referred to the Courts of the Dubai International Financial Small Claims Tribunal.
4. 3Efreet will NOT deal or provide any services or products to any of OFAC sanctions countries in compliance with the law of UAE.
If the Partner has any concerns or queries about content shown on the Platform or if he/she has questions about the use of the Platform or these T&C, please contact 3Efreet at Technohub-1, DTEC, DSO, Dubai, UAE, Phone: +971 10 987 90 and Email: email@example.com