Use of the Application is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Application and Services offered through this Application do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. You need not register with Mango to simply visit and view the Application, but to access and participate in certain features of the Application, you will need to create a password-protected account (“Account”). To create an account, you must submit your name and email address through the account registration page on the Application and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Mango in providing you with a more customized experience when using the Application. You may also register for an Account using your existing Facebook or Google+ account and log-in credentials (your “Third-Party Site Password”). You are solely responsible for safeguarding your Mango password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Mango immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without Mango’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Application and/or the Services offered through the Application. You hereby expressly acknowledge and agree that you yourself and not Mango will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Mango or others due to such unauthorized use. An Account holder is sometimes referred to herein as a “Registered User”. You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
(a) commit to using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Provider's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Mango in connection with the use or purchase of any Service.
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Mango, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User’s Account privileges; (c) suspend the Service User’s Account; and/or (d) decrease the Service User's status earned via the Feedback page.
You hereby release Mango, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any Service Provider, or between you and other Application users. None of the Services, including but not limited to hiring a driver, listed on the Application are provided by us. We act as an intermediary between the user of the Application and the Service Provider. All the service related information transmitted and posted on the Application are with the consent and request of the Service Providers. We shall in no way be liable for the information related to the services posted on the Application (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:
We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Application. The Service Providers act as an independent contractor and any act done by those Service Providers makes them solely liable. We do not guarantee or take responsibility of your satisfaction with the provided service. We shall in no way be liable if something happens to a service provider during the course of providing the service. We shall not be liable in case the Service Provider damages or meet with an accident during driver your car. We shall not be liable if any claim arises with respect to any service provided by our service provided after providing the service. All relationship with respect to the availed service between you and us ends once the service is completely provided. You assume all responsibility and risk with respect to your use of the Application. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Application and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Application, the use of the Application or our agreement with you concerning the Application, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of British Pound Five Hundred(£500). If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.
A Service Provider shall not be liable for a reasonable amount of delay in performing the service. The reasonableness shall be determined on case to case basis but the generally due to traffic and other practice delays, the delay shall not generally be more than one hour of the expected time of arrival.
We shall not be liable if service is delayed due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
Mango reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application (or any part thereof) with or without notice and in its sole discretion. You agree that Mango shall not be liable to you or to any third party for any modification, suspension or discontinuance of Mango services.
The content on the Application (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Mango. Other trademarks, names and logos on this Application are the property of their respective owners. Data on the Application is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mango reserves all rights not expressly granted in and to the Application and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Application for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Application or the Data there in.
This Agreement shall be governed and construed in accordance with laws of United Kingdom, without regard to the conflict of laws provision therein. If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability thereof (a “Dispute”), then the parties shall follow the procedure set out in this Clause: (i) Either Party shall give to the other written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the Parties shall attempt in good faith to resolve the Dispute. (ii) If the Parties are for any reason unable to resolve the Dispute within thirty (30) days of service of the Dispute Notice, either Party may refer the Dispute to final resolution by arbitration by a sole arbitrator in accordance with the Arbitration Act, 1996. The place for any arbitration shall be [●] and the language shall be English. Except as set forth above, all matters arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in [●] and the Parties hereby irrevocably submit to the jurisdiction of these courts.
Each Party undertakes to defend, indemnify and hold harmless the other Party, its subsidiaries, affiliates, agents, officers, employees and assignees on a full indemnity basis, from and against all actions, proceedings claims, demands, costs (including the legal expenses) damages, judgments, decrees, expenses, penalties and liabilities of any kind or nature whatsoever arising directly or indirectly as a result of any breach or non-performance by such Party of any of its undertakings, warranties, representations or obligations under this Agreement. You shall indemnify for all the litigations or law suits arising as a result of failure of you to comply with the obligations of the Service Professional as par the terms of this Agreement. You shall indemnify us for the delay or inability in performing Services, due to which we had to indemnify the Service user for the loss suffered. You shall indemnify us in an event where we violates any applicable, state and local law or regulation due to fault on the part of you or your Services. This Clause K shall survive any termination or repudiation of this Agreement.
You can cancel your booking either within five minutes after making a booking or at least one hour before the requested time of arrival of the Service Provider at the requested place. In case of any unusual deductions of money from your wallet / account, even if you gave not used the service or has been charged more than what needs to be charged, the amount will be refunded wither on receipt of complaint from you or detection of such transactions by the management of Mango, whichever is earlier.
You agree that any cause of action arising out of or related to the Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.