Terms of Use

IMPORTANT DISCLAIMERS

The Service (defined below) are intended only for vehicle hailing services and should not be used or relied on as an emergency locator system, for family finding purpose, while driving or operating vehicles, or in a manner where the failure or inaccuracy of the Services could lead directly to death, personal injury, or severe physical or property damage. For the avoidance of doubt, the Services do not constitute vehicle dispatching services, vehicle booking services, or vehicle metering services.

INTRODUCTION

These terms ("Terms") apply to your visit to and your use of our website at www.esrviss.com (the "Website"), the Service and the Application (defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.

ESERVISS DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. ESERVISS OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES. PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE.

REVISION OF TERMS

We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.

ESERVISS

Your contracting partner is ESERVISS SAL, a private company established in the Lebanon, having its offices in Beirut, Lebanon ("ESERVISS").

THE SERVICE

ESERVISS offers information and a means to obtain transportation services offered by third party transportation providers, drivers or vehicle operators (the "Transportation Provider"), which may be requested through the use of an application supplied by ESERVISS and downloaded and installed by you on your single mobile device (smart phone) (the "Application"). All services provided by ESERVISS to you by means of your use of the Application are hereafter referred to as the "Service".

CONTRACT CONCLUDED BETWEEN ESERVISS AND YOU

By using the Application or the Service, you enter into a contract with ESERVISS (the "Contract"). In order to be able to use the Application or Service, you first need to sign up with ESERVISS. When signing up, you are obligated to provide ESERVISS with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up with ESERVISS, ESERVISS will provide you with a personal account, accessible for you with a password of your choice.

HOW TO USE THE SERVICE AND THE APPLICATION

The Application allows you to send a request for transportation service to a Transportation Provider. The GPS receiver - which should be installed on the mobile device (smart phone) on which you have downloaded the Application - detects your location and sends your location information to the relevant Transportation Provider. The Transportation Provider has sole and complete discretion to accept or reject each request for transportation service. The Transportation Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Transportation Provider accepts a request, the Application notifies you and provides information regarding the Transportation Provider - including its name, vehicle license number, and customer service rating - and the ability to contact the Transportation Provider by telephone. The Application also allows you to view the Transportation Provider's progress towards the pick-up point, in real time. ESERVISS shall procure reasonable efforts to bring you into contact with a Transportation Provider in order to obtain transportation services, subject to the availability of Transportation Providers in or around your location at the moment of your request for transportation services.

ESERVISS DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE THIRD-PARTY TRANSPORTATION PROVIDER, DRIVER, OR VEHICLE OPERATOR TO OFFER TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH THE SERVICE. ESERVISS OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.

CONSENT TO REVEAL GPS LOCATION, COMMERCIAL LOCATION AND TELEPHONE NUMBER

To provide you the Services, the Software tracks the GPS location of the handheld mobile device on which the Software is installed. The Services also allow Users to hail a vehicle for hire from select commercial locations. We will disclose this GPS information and commercial location to other users of the Services. By using the Service, you consent to our collection, disclosure, and use of such GPS information, commercial location as described in our Privacy Policy.

YOUR USE OF THE APPLICATION OR THE SERVICE

You warrant that the information you provide to ESERVISS is accurate and complete. ESERVISS is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. ESERVISS is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. ESERVISS reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device. By using the Application or the Service, you further agree that:

YOUR USE OF THE APPLICATION OR THE SERVICE

You warrant that the information you provide to ESERVISS is accurate and complete. ESERVISS is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. ESERVISS is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. ESERVISS reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.

By using the Application or the Service, you further agree that:
  • You will only use the Service or download the Application for your sole, personal use;
  • You will not assign or otherwise transfer your account to any other person or legal entity;
  • You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
  • You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
  • You will not impair the proper operation of the network;
  • You will not try to harm the Service or Application in any way whatsoever;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
  • You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application or Service.

TERMINATION

These terms of use shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and, for registered users to the Site by following the instructions on the Site. ESERVISS is entitled to terminate its agreement with you or your license to use the Application, with immediate effect by disabling your account or otherwise preventing you from accessing or using the Site and/or the Application, if you:

  • breach any term of these terms of use (including any other terms incorporated by reference);
  • fail to pay for the services you receive or
  • in the opinion of ESERVISS, misuse the Application.
ESERVISS is not obliged to give you any notice of termination in advance. ESERVISS reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules.

PAYMENT

The access to, and use of, the Website and the Application is free of charge. In order to be able to provide you with the services we offer (which may include ordering a taxi or other services) by using the Site and/or the App you must provide ESERVISS with your location information, mobile number and credit/debit card data. ESERVISS uses these details in accordance with its Privacy Policy. As part of the booking process for every trip you book, or when you order any other services, using the Website and/or the Application, you agree to allow ESERVISS to make a pre-authorization payment of $1.00 (“Pre-Authorization Payment”), on your registered credit/debit card. This amount will not be debited from your account at the time of booking but is ring-fenced for ESERVISS. If, after using ESERVISS’s services, full payment is not successfully made by you for the services, the Pre-Authorization Payment may be used to settle or as part payment towards the outstanding amount with ESERVISS. Please note that your access to the Application may be blocked or suspended at ESERVISS’s sole option until the full outstanding amount is settled. ESERVISS reserves the right to permanently close down your account if you regularly fail to make payment or if ESERVISS reasonably deems any amount outstanding is significant. In the event that, after booking, no services are provided by ESERVISS (for example, if your order for the services is cancelled) or no monies are owed to ESERVISS on your account, the full amount of the Pre-Authorization Payment will be released by ESERVISS. ESERVISS endeavors to release this amount to you as soon as possible, but your bank may take up to 72 hours to complete any release of the Pre-Authorization Payment. Due to the nature of the services we provide, ESERVISS reserves the right to change the Pre-Authorization Payment amount and/or to introduce a fee for use of the Site and/or the App, at any time by notifying you in advance of the start of any services. The rates that apply for the transportation services by the Transportation Provider can be found through the Application. These may be modified or updated by ESERVISS from time to time. It is your own responsibility to remain informed about the current rates for the transportation services. ESERVISS shall charge you for the transportation services provided to you by the Transportation Provider on behalf of the Transportation Provider. You agree that you will pay for all transportation services you purchase from the Transportation Provider, and that ESERVISS may charge your credit card account as provided by you when registering for the Service for the transportation services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing ESERVISS with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable. ESERVISS may, in it’s sole discretion, give promotional codes with various features from time-to-time to any of our customers. Promotion codes are only redeemable for use on the Flywheel platform and are not transferable or redeemable for cash. Promotion codes are subject to expiration and must be used no later than ninety (90) days from the date of promotion code grant or no later than the date indicated in the promotion code. ESERVISS uses a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. ESERVISS is not responsible for any errors by the Payment Processor. In connection with your use of the Services, ESERVISS will obtain certain transaction details, which ESERVISS will use solely in accordance with its Privacy and Cookie Notice.

LIABILITY

The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. ESERVISS will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate. ESERVISS shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of ESERVISS. ESERVISS shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, ESERVISS’s aggregate liability shall in no event exceed an amount of $100 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Transportation Provider. The quality of the transportation services requested through the use of the Application or the Service is entirely the responsibility of the Transportation Provider who ultimately provides such transportation services to you. ESERVISS under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the Transportation Provider or any acts, actions, behavior, conduct, and/or negligence on the part of the Transportation Provider. Any complaints about the transportation services provided by the Transportation Provider should therefore be submitted to the Transportation Provider.

INDEMNIFICATION

By accepting these Terms and using the Application or Service, you agree that you shall defend, indemnify and hold ESERVISS, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

  • your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
  • your violation of any rights of any third party, including Transportation Providers arranged via the Application, or
  • your use or misuse of the Application or Service.

LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY

For the purpose of this User Term, the following definitions apply:

"Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.

"ESERVISS Content" means Content owned or used by ESERVISS, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content. "User" means a person who accesses or uses the Service or Application. "User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application. "Collective Content" means, collectively, ESERVISS Content and User Content. Subject to your compliance with these Terms, ESERVISS grants you a limited, non-exclusive, non-transferable license:

  • to view, download and print any ESERVISS Content solely for your personal and non-commercial purposes; and
  • to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of ESERVISS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ESERVISS or its licensors, except for the licenses and rights expressly granted in these Terms.

APPLICATION LICENSE

Subject to the terms of this Agreement, ESERVISS grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to (a) install and execute one copy of the Software, in executable object code format only, solely on your handheld mobile device and solely for your personal use of the Services, and (b) reproduce the text, images, and other content on our Website, solely for your own personal use of the Services.

RESTRICTIONS

The rights granted to you in this Agreement are subject to the following restrictions:

  • send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  • send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
  • send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  • interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
ESERVISS will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ESERVISS may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that ESERVISS has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ESERVISS reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that ESERVISS, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website, the Service or Application.

APP STORE SOURCED APPLICATION

With respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only:

  • on an Apple-branded product that runs iOS (Apple’s proprietary operating system software)and
  • as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. ESERVISS reserves all rights in and to the Application not expressly granted to you under these Terms.

YOU ACKNOWLEDGE AND AGREE THAT

  • these Terms are valid between you and ESERVISS only, and not Apple, and
  • ESERVISS, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between ESERVISS and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of ESERVISS. You and ESERVISS acknowledge that, as between ESERVISS and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:

  • product liability claims;
  • any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection or similar legislation.
You and ESERVISS acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between ESERVISS and Apple, ESERVISS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and ESERVISS acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other provisions of these Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

THIRD PARTY INTERACTIONS

The Service might contain links to third-party websites (“Third-Party Websites”). Such Third-Party Websites are not under the control of ESERVISS. ESERVISS is not responsible for any Third-Party Websites. ESERVISS provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. When you leave the Service, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

INTERACTION WITH DRIVERS

You acknowledge and agree to the following: We are not a transportation carrier and do not provide transportation services. Because we do not control Drivers, you acknowledge and agree that we are not responsible for, and make no representations are warranties regarding, any Driver. Your interactions with any Drivers are solely between you and such Drivers, including without limitation payment and delivery of services, and any other terms, conditions, warranties, or representations associated with such interactions. You agree that ESERVISS will not be responsible for any loss, damage, injury, or death incurred as the result of any such interactions, including without limitation if the Driver does not show up. If there is a dispute between you and any user, we are under no obligation to become involved.

NOTICE

ESERVISS may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in ESERVISS's account information, or by written communication sent by regular mail to your address on record in ESERVISS's account information.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms are subject to the laws of Lebanon. 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 Website, the Service or the Application (collectively, "Disputes") will be settled exclusively by the competent court in Lebanon.

FINAL PROVISION

The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall preva