Terms And Conditions

PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
  1. Acceptance of Terms

The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy constitute a legally-binding agreement between [●] (“Mango”), and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Mango website and app, including the classified advertisements, forums, various email functions and Internet links, and all content and Mango services available through the domain and sub-domains of Mango located at http://mango.consulting/(collectively referred to herein as the “Application”), and (ii) the online transactions between those users of the Application who are offering services of driving a car (each, a “Service Providers”) and those users of the Application who are obtaining services of Service Provider by getting their car driven by the Service Provider (each, a “Service User”) through the Application (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Application. The Website is currently owned and operated by [●], having its registered address at [●]. You acknowledge that the Application serves as a platform for agreeing upon Services between Service Providers and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Application, including the Services presented, promoted, and displayed on the Application, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are either a Service Provider or a prospective Service User, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for Services requested through the use of the Application, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Application. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Application immediately. All references to “you” or “your”, as applicable, mean the person that accesses, uses, and/or participates in the Application in any manner. If you use the Application or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.

  1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Mango reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Mango will post notice of the changes and the amended terms of use in the Terms & Conditions page in the Application located in My Profile. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Application following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Application.

  1. PRIVACY POLICY

Mango has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Application is governed by the Privacy Policy. The Privacy Policy is located in My Profile in the Mango Application.

  1. Membership and Accessibility
  2. LICENSE TO ACCESS

Mango hereby grants you a non-exclusive, revocable license to use the Application as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Application in any medium without Mango’s prior written consent; (ii) you will not alter or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

  1. MEMBERSHIP ELIGIBILITY CRITERIA

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”):

  • You will not copy or distribute any part of the Application in any medium without Mango’s prior written authorization.
  • You will not alter or modify any part of the Application other than as may be reasonably necessary to use the Application for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not in any manual or automated manner collect Service Providers or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Application information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.
  • You shall not in any way that transmits more request messages to the Mango servers, or any server of a Mango subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Mango reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not take any action that (i) unreasonably encumbers or, in Mango’s sole discretion, may unreasonably encumber the Application’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Application or any third-party participation in the Application; or (iii) bypasses Mango’s measures that are used to prevent or restrict access to the Application.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Application, nor to use the communication systems provided by the Application for any commercial solicitation purposes.
  1. ADDITIONAL POLICIES

Your access to, use of, and participation in the Application is subject to the Terms of Use and all applicable Mango regulations, guidelines and additional policies that Mango may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Mango publishes on the Application (the “Additional Policies”). You hereby agree to comply with the Additional Policies and your obligations there under at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Mango, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

  1. Rules for Service Users
  2. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

(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.

  1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS

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.

  1. Limitation of our Liability

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:

  • provides or create links to external sites;
  • is intended to harm or exploit any individual under the age of 18 in any way;
  • is designed to solicit personally identifiable information of any person, including, but not limited to, name, email address, home address, phone number, or profession;
  • invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage us or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
  • is copyrighted or otherwise subject to third-party proprietary rights, including privacy and publicity rights and contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • advertises or solicits a business not related to or appropriate for the Application (as determined by us in our sole discretion);
  • contains or could be considered “junk”, “spam”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counselling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm us, or the interests or property of our users;
  • contains links to commercial services or applications;
  • is irrelevant content;
  • contains identical content to other open Postings you have already posted; or
  • contains anything which is in violation of applicable laws of United kingdom.

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.

  1. Limitation of Service Provider’s Liability

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. 

  1. Force Majeure

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.

  1. Copyright Infringement Take Down Procedure

Mango has high regard for intellectual property and expects the same level of standard to be employed by its users. Mango may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Application of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [●] (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Application, and information reasonably sufficient to permit Mango to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Mango to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice”. Only the intellectual property rights owner is permitted to report potentially infringing items through Mango’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

  1. Modifications to or Termination of Application
  2. MODIFICATION OR CESSATION OF APPLICATION

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.

  1. TERMINATION BY MANGO

hereby acknowledge and agree that Mango, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Application or otherwise terminate your access to or participation in the use of the Application (or any part thereof), or remove and discard any Submitted Content on the Application (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if Mango believes or has reason to believe that you have violated any provision of the Terms of Use.

  1. TERMINATION BY YOU

You may cancel your use of the Application and/or terminate the Terms of Use with or without cause at any time by following the link in your Account to Deactivate Account.

  1. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Application, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Application, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Application. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Mango system. Unless Mango has previously cancelled or terminated your use of the Application (in which case subsequent notice by Mango shall not be required), if you provided a valid email address during registration, Mango will notify you via email of any such termination or cancellation, which shall be effective immediately upon Mango’s delivery of such notice. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Mango Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Mango shall not be liable to you or any third party for any termination of your access to the Application. Upon Termination of Service, Mango retains the right to use any data collected from your use of the Application for internal analysis and archival purposes, and all related licenses you have granted Mango hereunder shall remain in effect for the foregoing purpose. You agree to indemnify and hold Mango, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

  1. Intellectual Property Rights
  2. MANGO OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE APPLICATION

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.

  1. MANGO’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Application contains Mango’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Mango owns and retains all rights in the Mango Data and Marks. Subject to these Terms of Use, Mango hereby grants you a limited, revocable, non-transferable, non-sublicensable license to reproduce and display the Mango Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Application. The Application may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

  1. Governing Law and Dispute Resolution

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.

  1. Indemnity

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.

  1. Cancellation and Refund Rules

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.

  1. Notice

You agree that Mango may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Application.

  1. General Information
  2. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Mango on the Application, shall constitute the entire agreement between you and Mango concerning the Application. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Mango’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. STATUTE OF LIMITATIONS

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.

  1. SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect. This document was most recently updated on February 23rd, 2018.

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