Terms And Conditions

    SCOOPA Terms and Services

    Effective Date: May 2022

    1. The SCOOPA Platform

    The SCOOPA Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services, the delivery of goods, products, medicines, restaurant meals, e-payment solutions, and/or logistics services (“Services”) can be matched with persons, including drivers (“SCOOPA Drivers”) or third party companies (“Merchant Partners”) who can provide the Services. Each User shall create a User account that enables access to the SCOOPA Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a SCOOPA Driver or other third-party provider to a User shall constitute a separate agreement between such persons.

    With respect to restaurant meals, SCOOPA is a business where the food is prepared and provided by independent restaurants (our " Restaurant Partners") and delivered by SCOOPA Drivers.

    With respect to goods or services which you can order through the SCOOPA Platform, or where SCOOPA is supporting your payment to a third-party merchant who is not present on the SCOOPA Platform or Off-App Merchant (as defined below), but which services or goods are provided by Merchant Partners, these goods or services are prepared, undertaken, and provided by the relevant independent Merchant Partner.

    Materials posted on the SCOOPA Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the SCOOPA Platform, or by anyone who may be informed of any of its contents.

    We aim to update the SCOOPA Platform regularly and may change the content at any time. If the need arises, we may suspend access to the SCOOPA Platform and the Services or close them indefinitely. Any of the material on the SCOOPA Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.

    YOU ACKNOWLEDGE THAT NEITHER SCOOPA NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SCOOPA OR ANY OF ITS AFFILIATES.

    License.

    Subject to your compliance with this Agreement, SCOOPA  grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the SCOOPA  Platform on your personal device solely in connection with your use of the SCOOPA  Platform; and (ii) access and use any content, information and related materials that may be made available through the SCOOPA  Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by SCOOPA and SCOOPA ’s licensors.

    Third Party Services and Content.

    The SCOOPA Platform may be made available or accessed in connection with third party services and content (including advertising). SCOOPA does not endorse such third-party services and content and you agree that, in no event, will SCOOPA be responsible or liable for any products or services of such third-party providers.

    When purchasing goods or services provided by a Merchant Partner, you agree and understand that you are doing so subject to the relevant Merchant Partner’s terms and conditions and at your own risk. You agree that SCOOPA will not be liable for: (i) any act or omission of a Merchant Partner and/or (ii) any damage or loss that arises in connection with the ordering, purchase and/or provision of a Merchant Partner’s goods or service.

    You further understand that to enable a Merchant Partner to provide you with relevant goods or services, SCOOPA may be required to share personal information in the manner described in SCOOPA ’s Privacy Notice.

    For additional terms in relation to the Merchant Checkout Product available through SCOOPA Pay please see below.

    Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the SCOOPA Platform using applications developed for Apple iOS or Android-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the SCOOPA Platform in any manner. Your access to the SCOOPA Platform using these services or applications is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

     

    SCOOPA Platform Ownership.

    The SCOOPA Platform and all rights therein are and shall remain SCOOPA ’s property or the property of SCOOPA ’s licensors. Neither this Agreement nor your use of the SCOOPA Platform convey or grant to you any rights: (i) in or related to the SCOOPA Platform SCOOPA Technologies LTD except for the limited license granted above; or (ii) to use or reference in any manner SCOOPA ’s company names, logos, product and service names, trademarks or services marks or those of SCOOPA ’s licensors.

    Provision of the Services.

    You acknowledge that portions of the Services may be made available under SCOOPA ’s various request options, including transportation request brands, the logistic request brands and the SCOOPA Pay brand.

    You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third-party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations, or licenses.

    It is at SCOOPA ’s discretion which brands, or request options are made available to you.

    1. Use of the SCOOPA Platform

    User Accounts.

    To use most aspects of the SCOOPA Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to SCOOPA certain personal information, such as your name, address, mobile phone number, gender, and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the SCOOPA Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or SCOOPA ’s termination of this Agreement with you.

    You agree to always maintain the security and secrecy of your Account username and password. You agree and understand that you are responsible for all activity that occurs under your Account, even because of loss, damage, or theft of the device through which you access the SCOOPA Platform.

    Unless otherwise permitted by SCOOPA in writing, you may only possess one Account.

    User Requirements and Conduct.

    The SCOOPA Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from SCOOPA Drivers unless they are accompanied by you or another adult. It is your sole responsibility to always wear helmets while riding the micro-mobility product. The micro-mobility product can be reserved by you for minors provided they are over 15 years of age and are permitted to use the product in an intended way under applicable laws in your jurisdiction. You are responsible for always ensuring that the minor wears a helmet and that they perform safety checks on the micro-mobility product prior to use. You must educate the minors on the laws that apply to them in their use of the product and must always supervise their use. You are solely and exclusively responsible for the activity of minors that you make a reservation for and their use of the micro-mobility products.

    You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the SCOOPA Platform, and you may only use the SCOOPA Platform for lawful purposes. You shall not, for the avoidance of doubt, use the SCOOPA Platform to transport, facilitate or procure the transport of illegal or banned substances or items. You will not, in your use of the SCOOPA Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a SCOOPA Driver, Restaurant Partner, other third-party providers, or any other party. In certain instances, you may be asked to provide proof of identity to access or use the SCOOPA Platform, and you agree that you may be denied access to or use of the SCOOPA Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the SCOOPA  Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.

    Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs.

    Promo Codes

    SCOOPA, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with SCOOPA. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). SCOOPA reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that SCOOPA determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

    You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SCOOPA ; (iii) may be disabled by SCOOPA  at any time for any reason without liability to SCOOPA ; (iv) may only be used pursuant to the specific terms that SCOOPA  establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) SCOOPA  may establish additional terms relating to specific promotions. SCOOPA reserves the right to withhold or deduct credits or other features or benefits obtained using Promo Codes by you or any other user if SCOOPA determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms of this Agreement.

    As part of your User account, SCOOPA may provide you with or allow you to create a “SCOOPA Code,” a unique alphanumeric code for you to distribute to friends, family, and other persons (each a “Referred User”) to become new Users (“Referred Users”) or SCOOPA Drivers (“Referred SCOOPA Drivers”). SCOOPA Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your SCOOPA Code. You are prohibited from advertising SCOOPA Codes, including but not limited to on Google, Facebook, Twitter, Bing, and Craigslist or on any other digital platform or website owned or controlled by you or any other person. SCOOPA reserves the right to deactivate or invalidate any SCOOPA Code at any time in SCOOPA ’s sole discretion.

    Bundles

    You may be entitled to purchase bundles of SCOOPA Credit (defined below) (“SCOOPA Bundles”) or you may receive trip promotions ("Trip Promotions") or service promotions (“Service Promotions”) that you can apply toward payment of certain services provided by SCOOPA or fees charged by SCOOPA in relation to the Services.

    SCOOPA Bundles, SCOOPA Credits, Trip Promotions, and Service Promotions are only valid for use on the SCOOPA Platform and are not transferable or redeemable for cash and may only be used for certain Services as notified to you. SCOOPA Bundles, Trip Promotions, and Service Promotions cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value, we will charge your payment method on file for the outstanding cost of the trip.

    Additional restrictions on SCOOPA Bundles, SCOOPA Credits, Trip Promotions, and Service Promotions may apply as communicated to you in a relevant promotion or specific terms. SCOOPA may cancel, or vary the terms, relating to any SCOOPA Bundles, SCOOPA Credits, Trip Promotions, or Service Promotions at any time in its sole discretion

    From time to time, SCOOPA may offer you incentives to refer new Users to the SCOOPA community (the “Referral Program”). These incentives may come in the form of SCOOPA Credits, Trip Promotions, and/or Service Promotions, and SCOOPA may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

    Mobile top-up

    The ability to access the mobile top-up services is made available to you through the SCOOPA Platform and is subject to change and availability. SCOOPA is providing the right to buy airtime (subject to these terms) as an agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the SCOOPA Platform.

    You will be required to input the mobile number to which any top-up is to be credited into the appropriate place(s) on the SCOOPA Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top-up amount to be credited to the mobile number. SCOOPA shall not be liable to you in any way with respect to the top-up generally, the specific mobile number entered, nor the top-up amount credited.

    The top-up mobile recharge cost will change depending on the denominations indicated on the SCOOPA Platform. The total cost, number recharged, and the relevant mobile operator will be shown on the SCOOPA Platform. All top-up transactions are final and cannot be modified or removed once you have entered the relevant top-up information on the SCOOPA Platform.

     

    DPO

    As part of your User Account, SCOOPA  may provide you with access to certain payment features in, or in connection with, the SCOOPA  application (“DPO”) including (i) managing payment for Services; (ii) adding and storing SCOOPA  Credits (defined below); (iii) transferring SCOOPA  Credit to or receiving SCOOPA  Credit from other Users, against payment of any applicable SCOOPA  Fees and subject to any limits on the number of transfers or the amount of SCOOPA  Credit you can send and/or receive, which Fees and limits may be modified by SCOOPA  from time to time; and/or (iv) transferring cash to another User’s local bank account (“Cash Transfers”); and/or (v) paying for products/goods on third-party merchant sites not present on, or affiliated with the SCOOPA  Platform (“Off-App Merchants”) (“DPO Checkout”)

    In relation to those features listed above, and made available through your User Account, the following phrases have the meanings set out below.

    Please note that not all features are available in each market and may be subject to change.

    “SCOOPA Credit” means the prepaid balance which is represented electronically, denominated in your local currency, and attributed to your User Account, and which;

    (i) is credited to your User Account by SCOOPA upon collection or receipt of funds;

    (ii) may be reloaded with additional value by you (subject to any limits imposed by SCOOPA or by law and as may be notified to you from time to time);

    (iii) may be redeemed or applied as a payment method where SCOOPA and/or a regulated financial institution partner will satisfy and settle the payment obligation to the relevant third-party provider up to the SCOOPA Credit balance reflected in your user account.

    [(iv) may not be redeemable for cash]

    “Payment Method” has the meaning set out in ‘Loading SCOOPA Credit’ below.

    Loading SCOOPA Credit

    As part of your User Account, you may load SCOOPA Credit by any one or more of the following payment methods (where offered by SCOOPA from time to time):

    (i) by cash paid to authorized agents, third-party providers, or SCOOPA Driver (where enabled by SCOOPA and permitted by law);

    (ii) debit card;

    (iii) credit card;

    (iv) gift card (where available and permitted by law); or

    (v) any other payment method made available by SCOOPA from time to time

    (each a ‘Payment Method’)

    You can reload SCOOPA Credits at any time before the start of a Service (e.g. taking a ride, ordering food, or ordering groceries) by clicking on the top-up button under the ‘available credit’ banner in the Wallet section of your User Account’. If you want to add a new Payment Method, you must do so before using a Service.

    You may also be able to add alternative payment methods to reload SCOOPA Credits through the Top-up button and can do this by going to ‘Manage’ in ‘CARDS AND ACCOUNTS’ clicking the ‘Add a card or bank account’ button and following the steps set out.

    By selecting a particular Payment Method, you acknowledge that you are agreeing to the terms of service of SCOOPA ’s payment processing partners and the financial institution or payment service provider who has issued your selected Payment Method. You further agree that you will bear the cost or changes of any fees imposed by such payment processing partners or financial institutions in connection with your selected Payment Method.

    SCOOPA may in its sole and absolute discretion choose to refuse a request to reload SCOOPA Credit, including (without limitation) where reloading would result in the aggregate value stored in your Account exceeding any value permitted by prevailing laws and regulations

    SCOOPA (in its sole and absolute discretion) may, at any time (including at the time of completing a transaction), notify you via the Application that it has imposed a maximum amount by which you may reload or inform you that you have reached the limit on the number of times you may reload credits within a specified period.

    By loading SCOOPA Credit you acknowledge and agree that you are not depositing cash or money with SCOOPA.

    Peer to Peer - Credit Transfer

    As part of your User Account, you may transfer SCOOPA Credits from your Account to the Account of another User. When transferring SCOOPA Credit balance to another User, the amount transferred and the applicable SCOOPA Fees (if any) will be deducted from your user account balance and will be transferred and added to the SCOOPA Credit balance of the other User. Once the request for the transfer of SCOOPA Credit is completed, the transfer cannot be canceled or otherwise reversed. You agree that in providing you with this feature, SCOOPA is merely enabling the transfer of SCOOPA Credit balance. SCOOPA is not responsible for the actions of the individual Users, including the reason for which SCOOPA Credit is transferred by or to you

    Peer to Peer - Cash Transfers

    As part of your User Account, you may have access to ‘Cash Transfers’. Cash Transfers are always subject to applicable law and may not be permitted in some jurisdictions. Even where Cash Transfers are permitted and available, they are restricted to Cash Transfers to other Users that are resident in the same jurisdiction as you and that hold a bank account in that same jurisdiction (“Recipient Users”).

    Cash Transfers are intended to be used in the context of small ‘social payments’ i.e., repaying a friend for a meal out, the cost of a shared ride, a cinema ticket, and so on. Cash Transfers are not intended to be used for own account transfers, avoiding charges for cash withdrawal, or artificially inflating benefits from credit/debit cards. You acknowledge and agree that Cash Transfers must not be used for any prohibited, fraudulent, illegal, or improper purpose.

    Cash Transfers by you to Recipient Users are subject to applicable law and limits in respect of the number, frequency and amounts of relevant transfers as well as the location of Recipient Users. Such limits are at the sole discretion of SCOOPA and SCOOPA may modify such limits from time to time without amending this Agreement. You will be notified if you have exceeded the limits and the Cash Transfer will be blocked and the amount refunded – requests will not be partially paid. Cash Transfers may not be permitted or available in your jurisdiction.

    If we identify an unusual or potentially high-risk Cash Transfer, we may need to review it more closely before allowing it to go ahead. Cash Transfers that do not comply with these terms and conditions or are suspected to be in breach of relevant laws may be blocked, held, or refunded (as appropriate). This may mean that your Cash Transfer is delayed or may be rejected. In addition, we may suspend or restrict your use of DPO or your User Account if we suspect any: security issues in relation to your User Account; unauthorized or fraudulent use of the features made available to you through DPO; or breach of these terms and conditions

    Upon receiving a request in relation to a permissible Cash Transfer from you as transferor to a Recipient User as a transferee, SCOOPA shall facilitate such transfer as a facilitator of social payments. The amount you elect to transfer will be deducted from your card on file by SCOOPA subject to any charges incurred by your card issuing bank. The Recipient User you have identified will have the option, once notification of the transfer has been received by the Recipient User, to either receive the Cash Transfer as cash in a permissible bank account held in the name of the Recipient User or to receive SCOOPA Credit in lieu of such cash amount.

    If you are a Recipient User and elect to receive the Cash Transfer as cash in a permissible bank account held by you, you will be prompted to include the name of your bank, the name on your bank account, and the IBAN number only. SCOOPA will then facilitate the transfer of the relevant amount to such permissible bank account held by you. SCOOPA will not ask for you to provide any financially sensitive information. You must only add the IBAN of your own, personal account. You must not add the details of a business account or an account of a third party. If, as a Recipient User, you do not accept the transferred amount within a certain number of days of receipt (such number of days may vary from time to time), the relevant cash amount will be returned to the account of the transferor.

    We will hold the amount corresponding with the Credit Transfer for as short a time as possible for the sole purpose of facilitating the Cash Transfer. We endeavor to credit the bank account of the Recipient User as soon as practically achievable after we receive the amount corresponding with the Credit Transfer. We are not responsible for the time it takes the bank of the Recipient User to credit the amount of the Cash Transfer to your bank account and SCOOPA shall not be liable in any way for the same and we reserve the right to decline any instruction to affect a Credit Transfer or when accepted, to complete a Credit Transfer.

    You are responsible for the accuracy of the information you add or include on the SCOOPA app. We may ask you for specific additional information that we believe to be necessary to give effect to our services to you. The provision of false or incomplete information or not providing information when asked may lead to the termination of your SCOOPA profile and prosecution. All activities on the SCOOPA app (including activities in connection with Credit Transfers) are regarded as activities by you and no other Users or persons and you shall not transact in connection with Credit Transfers for or on behalf of any other person. You acknowledge and agree that information about you, and the products we make available to you may be provided by us from time to time to regulatory, governmental authorities, or other third parties in line with our privacy policy, where we are required by law, or we determine that such disclosure may help combat fraud, money laundering or other criminal activity.

    You agree that, in relation to the above-mentioned cash transfer feature, SCOOPA is acting only as a facilitator of social payments, is not responsible or liable for the actions of individual Users (including the reasons for the Cash Transfer), and that SCOOPA does not operate a deposit-taking business in any manner, nor is it otherwise presently licensed as a financial institution.

    You agree to indemnify and hold SCOOPA, its Affiliates, and other partners and their officers, directors, employees, and agents harmless from all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with any improper or illegal use of DPO, your User Account, or the Cash Transfer product and/or any breach of these terms and conditions

    DPO Checkout

    Through your use of other third-party websites and applications, you may have access to the DPO Checkout product. DPO Checkout makes it easier for Off-App Merchants to collect payments for services or products that they provide to you. DPO Checkout enables you to use your existing card-on-file to complete your purchase on the Off-App Merchant site.

    Using DPO Checkout does not change anything about the relationship you have with that Off-App Merchant or your card provider or bank in terms of your payment for the goods, services, or products on the Off-App Merchants or with your bank or card provider.

    If you elect to use the DPO Checkout where an Off-App Merchant has this feature enabled, you will be redirected to your existing Payment Methods. Your available Payment Methods will be limited to your cards-on-file only and you will not be able to use SCOOPA Credits in relation to this feature. To enable the processing of your payment for goods or services offered by the Off-App Merchant, SCOOPA is using the information you store through the SCOOPA Platform (or with permitted third party providers (where relevant)) to make payments for Services. The terms for the storage of your information are included in our Privacy Policy.

    DPO Checkout including information made available, as well as any content, software, materials, or other functions offered to you, are provided ‘as is’ and ‘as available. SCOOPA does not warrant that availability of DPO Checkout shall be uninterrupted and error-free. SCOOPA shall not be responsible for service interruptions or failures that may affect, receipt, processing, or completion of payment unless such interruption has been caused solely by SCOOPA. In addition, SCOOPA makes no representation or warranty in relation to your use of DPO Checkout and, to the fullest extent permissible by law, SCOOPA disclaims any liability with respect to fitness for purpose, merchantability, and non-infringement.

    You are responsible for the purchase you make using DPO Checkout and the Off-App Merchant is responsible for supplying you with the goods, services, or products you have elected to purchase through their site. If there is an issue with the goods, services, or products you have purchased using DPO Checkout please get in touch, directly, with the Off-App Merchant. Any returns, exchanges, or refunds are subject to the policy of the merchant you have purchased from. SCOOPA is not responsible for processing or managing refunds, chargebacks, or other issues relating to your purchase. SCOOPA is not subject to and does not have control over the policies of any Off-App Merchants and is not responsible for the actions of Off-App Merchants.

    Loyalty Program.

    By becoming a User, you are part of the SCOOPA Loyalty Program (the “Loyalty Program”) in those markets where the Loyalty Program is available. Users will accrue points through using the SCOOPA Platform to access Services provided by the third-party service providers and may have access to several services, ways to support their local community, and benefits (“Rewards”) depending upon a given tier status (and relevant availability in any given market).

    Users can earn or maintain tier status based on their usage of the SCOOPA Platform in any calendar month. Once a User attains a tier level, it will remain in effect for 2 consecutive months. With respect to the expiry of points earned pursuant to the Loyalty Program, each calendar year consists of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st (each a “Reward Period”) and any points earned in one Reward Period will expire automatically at the end of the following Reward Period.

    Rewards are offered at the sole discretion of SCOOPA and may be varied from time to time. Rewards and participating partners may differ from market to market and may be added or removed at the sole discretion of SCOOPA. You may redeem points in exchange for Rewards or Donations (as applicable) at any time as indicated on the App. Where you redeem points SCOOPA shall settle the equivalent or agreed amount (if applicable) with the participating partner and cancel its liability to you for the same. By redeeming Rewards, you confirm that you agree to the terms of the Loyalty Program.

    SCOOPA has the right to add, change, limit, modify or cancel Loyalty Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, tier statuses, and Loyalty Program partners without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.

    SCOOPA  may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards; and (6) change the rules governing the tier statuses, including but not limited to: rules to reach a tier status, duration and expiry rules of the tier status, benefits granted by reaching a given tier status.

    SCOOPA makes no warranties or representations, either expressed or implied, and expressly disclaims all liability (including consequential damages) with respect to the type, timeliness, cost, quality, or fitness of goods or services provided through the Loyalty Program.

    If any participating Rewards partner improperly denies a User an accrual or benefit, the liability of SCOOPA shall be limited to the equivalent value, in Rewards points, of that accrual or benefit as determined solely by SCOOPA.

    The Loyalty Program has no predetermined termination date and may continue until such time as SCOOPA decides to terminate the Loyalty Program, at any time, with or without notice. If the Loyalty Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, and no award claims or tier status benefits shall be honored after the conclusion of any notice period.

    SCOOPA reserves the right to cancel a User’s access to the Loyalty Program and revoke any and all unredeemed SCOOPA Rewards points collected by any Member who appears to be using the Loyalty Program in a manner inconsistent with the terms or intent of the Loyalty Program or any portion thereof. For reasons that include, but are not limited to 1) violation of these terms and conditions; 2) misrepresentation of any information or any misuse of this Loyalty Program; 3) violation of any national, state, or local law or regulation in connection with the use of this Loyalty Program; 4) commission of fraud or abuse involving any portion of this Loyalty Program; or 5) action, in any other way, to the detriment of the Loyalty Program or any of its stakeholders; all as may be determined by SCOOPA  in its sole discretion.

    Notwithstanding the foregoing, Loyalty Program violations, fraud or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by SCOOPA including, without limitation, the forfeiture of all point transfers, rewards, tier status or award issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account.

    The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however, they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.

    Separate terms and conditions may apply to your reservation, purchase of goods and services, or rewards that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier's rules and restrictions may result in your being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.

    SCOOPA Plus Program

    As a User, you may be eligible to enroll in the SCOOPA Plus Program (“Plus Program”), which is a subscription program of one or more subscription plans (each a “Subscription Plan”) through which you may access benefits (“Benefits”) that you can avail through the SCOOPA Platform and/or when purchasing goods or services from third parties (“Plus Partners”).

    The Benefits will either be automatically applied when making a transaction through the SCOOPA Platform or you may be required to carry out extra steps to make use of a Benefit, which steps will be communicated to you by SCOOPA from time to time.

    The availability of Benefits is subject to all applicable local laws and regulations and are offered in good faith, however, they may not be available and are subject to change if prohibited or restricted by applicable law or regulation.

    Each Benefit may have additional terms or limitations. When redeeming Benefits made available by a Plus Partner, separate terms and conditions may apply to your purchase of goods and services from the Plus Partner. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Plus Partner you elect to deal with. You understand that any violation of any such Benefits Partner's rules and restrictions may result in your being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.

    You may be given an option to enroll in the Plus Program through in-app messaging or other digital channels (“Offer”). Each Offer may include important corresponding terms, such as the type of Benefits included in a Subscription Plan, the cost of the Renewal Subscription (“the Subscription Charge”), and the billing interval (“Billing Cycle”). It is your responsibility to ensure that you have reviewed the Offer terms before you accept and purchase a Subscription.

    When you buy a Subscription Plan, you will be charged the Subscription Charge for your first Billing Cycle on the date of purchase, which activates the Benefits identified in the Offer. SCOOPA may elect to provide you with a free trial to the Plus Program or other promotional subscriptions in which case you will be charged the Subscription Charge at the end of the trial period. If you do not wish to be charged the Subscription Charge, you must cancel the trial or promotional subscription before the end of the trial or promotional subscription. Eligibility for a free trial or promotional subscription is determined by SCOOPA at its sole discretion.

    AUTOMATICALLY (AND WITHOUT PRIOR NOTICE TO THE EXTENT ALLOWED BY LAW), YOUR SUBSCRIPTION PLAN WILL RENEW AT THE BEGINNING OF EACH BILLING CYCLE, AND THE SUBSCRIPTION PRICE WILL BE AUTOMATICALLY CHARGED TO A PAYMENT METHOD AVAILABLE IN DPO. If there are insufficient funds or the payment methods in DPO in your User Account are declined, SCOOPA will prompt you for a new payment method but reserves the right to terminate any unpaid Subscription Plan periods without further charges to you. Any paid Subscription Charges are non-refundable and non-transferable.

    Where VAT (or equivalent taxes) is in force when you buy a Subscription Plan, the Subscription Charges shall be inclusive of VAT. Where there is a future change in the VAT rate, SCOOPA may at its discretion increase/decrease as applicable the Subscription Charge. Where VAT (or equivalent taxes) is not in force when you buy a Subscription Plan, the Subscription Charges shall be exclusive of VAT and if VAT (or equivalent) is later introduced, SCOOPA may add the applicable VAT to the Subscription Charges.

    You can cancel your Subscription Plan at any time prior to your next scheduled payment to avoid further charges and renewals. If you cancel your Subscription Plan, you will still have access to the benefits until the end of the current Billing Cycle and will not be refunded on a pro-rata basis for any cancellation initiated during a Billing Cycle. From time to time, SCOOPA may increase the Subscription Charge in which case You will be notified before your next Billing Cycle. If you do not wish to be charged the new Subscription Charge, you are required to cancel your subscription.

    SCOOPA makes no warranties or representations, either expressed or implied, and expressly disclaims all liability (including consequential damages) with respect to the availability, accuracy, timeliness, cost, quality, or fitness of goods or services provided through the Plus Program. SCOOPA will also have no liability if any participating Plus Partner improperly denies you the right to avail of a Benefit.

    The Plus Program has no predetermined termination date and may continue until such time as SCOOPA decides to terminate the Plus Program or a specific Subscription Plan, at any time, with or without notice. If the Plus Program is terminated, SCOOPA may refund you any unconsumed portion of your Subscription Charge without any further obligation or liability, including the availability of any Benefits after the conclusion of any notice period.

    In addition, SCOOPA reserves the right to modify the Plus Program, a Subscription Plan, or any Benefit included in it, which changes will come into effect immediately, at your next Billing Cycle or at any other date determined by SCOOPA. SCOOPA may, among other things: (1) change the Plus Program terms, including eligibility to or availability of Subscription Plans and the rules and terms that govern them; (2) increase or decrease the number of Benefits available; and/or (3) add or modify rules for redeeming Benefits, including blackout dates for use of Benefits.

    SCOOPA reserves the right to cancel your Subscription Plan and/or your access to the Plus Program if you appear to be using the Subscription Plan in a manner inconsistent with the terms or intent of the Plan Program or any portion thereof. This includes, but are not limited to: (1) violation of these terms and conditions; (2) violation of any national, state, or local law or regulation in connection with the use of this Plan Program; (3) commission of fraud or abuse involving any portion of this Plus Program; or (4) action, in any other way, to the detriment of the Plus Program or any of its stakeholders; all as may be determined by SCOOPA  in its sole discretion.

    Notwithstanding the foregoing, Plus Program violations, fraud, or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by SCOOPA including, without limitation, the cancellation of the account.

    Community Support

    As part of SCOOPA ’s support to our communities and the SCOOPA Drivers operating on our, Platform SCOOPA may make new features available which allow you to direct SCOOPA to support our communities in various ways. These features may be changed and updated from time to time; may not be available in all areas or markets, and those that are available at any given time may be subject to change and/or removal. SCOOPA reserves the right to cancel, suspend or modify these features at any time without notice, for any reason in its sole discretion, and without liability.

    To offer these features SCOOPA has partnered with appropriate entities including Government entities, NGOs, and charitable organizations (“Participating Organization”). Please note that SCOOPA is not registered as a charitable organization and does not hold itself out as such. SCOOPA is not a professional or commercial fundraiser, a conductor or paid collector of fundraising appeals (or similar), or a guarantor of donations. The management and allocation of support to a Participating organization is managed by the Participating organization as shown on the App.

    You can ask SCOOPA to support the cause of a Participating organization either by your agreement to burn Reward points pursuant to the Loyalty Program or to burn SCOOPA Credits in your balance. Upon SCOOPA receiving such agreement from you either to burn SCOOPA credits or Rewards points, SCOOPA will cancel its liability towards you with respect to such SCOOPA credits and/or Rewards points and separately on its own behalf support the relevant Participating organization by transferring an amount equal to the nominal value of such SCOOPA credits and/or Rewards points (minus any required fees) to the relevant Participating organization. SCOOPA will make such a transfer unless it becomes impossible or impracticable to do so. The burning of SCOOPA credits and/or Reward Points in the manner described above is irreversible. SCOOPA makes no warranties or representations, either expressed or implied in respect of any of the methods of support, and expressly disclaims all liability (including consequential damages) with respect to timeliness, cost, quality, or fitness of goods or services provided in relation to the same.

    If the Participating organization that you designated in your listing ceases to be a participating charity or appropriately licensed entity before SCOOPA pays the relevant Participating organization or if payment to that entity becomes impracticable, SCOOPA may at its sole discretion choose to make payment to a Participating organization having a similar purpose without notifying you.

    Trademarks, service marks, or logos that appear in relation to the donations feature are the property of their respective owners and are likely to be registered trademarks and subject to restrictions as to their use. They must not be used without the express permission of the trademark owner.

    Communications.

    By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Communications from SCOOPA, its affiliated companies, and/or SCOOPA Drivers, may include but are not limited to operational communications concerning your user account or use of the SCOOPA Platform or Services, updates concerning new and existing features on the SCOOPA Platform, communications concerning promotions run by us or our third-party partners, and news concerning SCOOPA and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact support@ridescoopa.com and/or review the Privacy Policy for further information.

    1. Charges and Payments

    4 (A) Personal Transportation Services in Rwanda, Egypt, DRC

    This section 4(A) is only applicable to personal transportation services booked through the SCOOPA Platform in Rwanda and Egypt. For other Services booked through the SCOOPA Platform, please refer to section 4(b) below.

    As a User, you agree to pay any amounts charged by SCOOPA Drivers for providing Services to you (“Charges”).

    After you have received Services from a SCOOPA Driver, and if you are making payment through the SCOOPA Platform rather than in cash, SCOOPA will accept payment of the applicable Charges on behalf of the SCOOPA Driver as such SCOOPA Driver’s limited payment collection agent. Payment of the Charges in the above manner shall in all cases be considered the same as payment made directly by you to the SCOOPA Driver. Charges will be inclusive of applicable taxes where required by law, including any applicable VAT and/or sales tax. Charges paid by you are final and non-refundable unless otherwise determined by SCOOPA or the relevant SCOOPA Driver. You retain the right to request lower Charges from a SCOOPA Driver for Services received by you from such SCOOPA Driver at the time you receive such Services (but not after the Service is underway or completed), this will be subject to acceptance by such a SCOOPA Driver. SCOOPA will respond accordingly to any request from a SCOOPA Driver to modify the Charges for a particular Service.

    All Charges are due immediately and payment will be facilitated by SCOOPA using the preferred payment method designated in your Account, after which you may be sent a payment receipt on behalf of a SCOOPA Driver by email (which is not equivalent to a tax invoice). If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that SCOOPA may, as the SCOOPA Driver’s limited payment collection agent, use a secondary payment method in your Account, if available.

    You acknowledge and agree that Charges may be varied or revised at any time without your consent and that in certain geographical areas Charges may increase substantially during times of high demand. SCOOPA will use reasonable efforts to inform you of Charges that may apply, if you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges, as applicable.

    4 (B) For all Services in Rwanda, Egypt, and DRC, and all Services excluding ride-hailing

    This section 4(B) is applicable to all Services booked through the SCOOPA Platform

    As a User, you agree to pay any amounts charged by SCOOPA (the “SCOOPA Fee”) (if applicable in your jurisdiction) and amounts charged by SCOOPA Drivers or other independent third-party providers for providing Services to you (“Charges”).

    After you have received Services from a SCOOPA Driver, a Merchant Partner, or other independent third-party provider, SCOOPA: (i) may facilitate your payment of the applicable Charges on behalf of the SCOOPA Driver or the Merchant Partner as such SCOOPA Driver or Merchant Partner’s limited payment collection agent and (ii) may collect any applicable SCOOPA Fee directly from you or, in the case of cash payment, from the relevant SCOOPA Driver or Merchant Partner. Payment of the Charges and SCOOPA Fee in the above manner shall in all cases be considered the same as payment made directly by you to the SCOOPA Driver, Merchant Partner, or other independent third-party provider or to SCOOPA, as applicable. Charges and SCOOPA Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and SCOOPA Fees paid by you are final and non-refundable unless otherwise determined by SCOOPA or the relevant SCOOPA Driver. You retain the right to request lower Charges from a SCOOPA Driver for Services received by you from such SCOOPA Driver at the time you receive such Services (but not after the Service is underway or completed). SCOOPA will respond accordingly to any request from a SCOOPA Driver to modify the Charges for a particular Service.

    All Charges and SCOOPA Fees are due immediately and payment will be facilitated by SCOOPA using the preferred payment method designated in your Account, after which SCOOPA, SCOOPA Driver, or a Merchant Partner, as applicable, will send you a receipt by email (which is not equivalent to a tax invoice). If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that SCOOPA may, on its own behalf, and as the SCOOPA Driver or the Merchant Partner’s limited payment collection agent, use a secondary payment method in your Account, if available.

    With respect to micro-mobility products being electric and non-electric bike/scooter sharing, the applicable SCOOPA Fee will be charged according to your membership plan and, once payment has been made, you will be able to independently collect such micro-mobility products from their respective stand and/or parking location for use.

    With respect to micro-mobility products, being electric and non-electric bikes/scooters, in addition to a SCOOPA Fee being charged according to your membership plan, applicable excess will result in overtime charges for such micro-mobility products, all overtime charges as mentioned in the SCOOPA Application will be charged your Account.

    As between you and SCOOPA, SCOOPA reserves the right to establish, remove and/or revise SCOOPA Fees at any time in SCOOPA ’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and SCOOPA Fees applicable in certain geographical areas may increase substantially during times of high demand. SCOOPA will use reasonable efforts to inform you of Charges and SCOOPA Fees that may apply, if you will be responsible for Charges and SCOOPA Fees incurred under your Account regardless of your awareness of such Charges or SCOOPA Fees, as applicable, or the amounts thereof.

    Repair or Cleaning Fees.

    You shall be responsible for the cost of damage to, or necessary cleaning of, SCOOPA Driver vehicles and property resulting from the use of the SCOOPA Platform under your Account more than normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). If a SCOOPA Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by SCOOPA at SCOOPA ’s reasonable discretion, SCOOPA reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the SCOOPA Driver using any of your payment methods. Such amounts will be transferred by SCOOPA to the applicable SCOOPA Driver and are non-refundable.

    1. Restricted Activities

    With respect to your use of the SCOOPA  Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) ride micro-mobility product without wearing helmet (iv) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the SCOOPA  Platform or the servers or networks connected to the SCOOPA  Platform (v) post information or interact on the SCOOPA  Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the SCOOPA  Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the SCOOPA  Platform (x) “frame” or “mirror” any part of the SCOOPA  Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the SCOOPA  Platform or any software used on or for the SCOOPA  Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the SCOOPA  Platform or access to any portion of the SCOOPA  Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the SCOOPA  Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. If you undertake any of the above while participating in Services, a SCOOPA Driver shall be permitted to refuse to provide you Services or, if such Services have commenced, a SCOOPA Driver shall be permitted to refuse to continue to provide you Services.

    1. Disclaimers; Limitation of Liability; Indemnity

    DISCLAIMER.

    THE SCOOPA PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SCOOPA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, SCOOPA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SCOOPA PLATFORM, SERVICES, OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE SCOOPA PLATFORM, OR THAT THE SCOOPA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SCOOPA AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF SCOOPA DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SCOOPA PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    SCOOPA and its Affiliates are not responsible for the conduct, whether online or offline, of any User, SCOOPA Driver Restaurant Partner, mobile operator, or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, SCOOPA Drivers, or any other third party.

    We are not required to procure insurance for, nor are we responsible for private belongings, such as the damage or loss of private belongings, including but not limited to damage or loss caused by: (i) theft or snatching; (ii) because the belongings are left a vehicle or left unattended; or (iii) Merchant Partners (or their authorized personnel) when providing a service or a product which you have requested through the SCOOPA  Platform. You are advised not to keep your personal belongings unattended, including when you request a Merchant Partner to provide services in your household or other premises.

    By using the SCOOPA Platform and participating in the Services, you agree to accept such risks and agree that SCOOPA is not responsible for the acts or omissions of Users, SCOOPA Drivers, Restaurant Partners, Merchant Partners, mobile operators, or any other third party.

    You acknowledge that SCOOPA may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that SCOOPA is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties, or any other assurances in connection therewith.

    SCOOPA and its Affiliates expressly disclaim any liability arising from the unauthorized use of your user account. Should you suspect that any unauthorized party may be using your user account, or you suspect any other breach of security, you agree to notify us immediately.

    Location data provided by the SCOOPA Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither SCOOPA, its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the SCOOPA Platform. Any of your information, including geolocational data, you upload, provide, or post on the SCOOPA Platform may be accessible to SCOOPA, selected partners, and relevant SCOOPA Drivers.

    Disclaimer - delivery of medical goods:

    Where medicines are delivered to you as part of the Services provided through the SCOOPA Platform you hereby acknowledge and accept that all products including but not limited to any medicinal products made available on the SCOOPA App are provided and delivered by third-party providers, who are not affiliated with SCOOPA and who are independently supplying their products via the SCOOPA Platform. You accept the risk associated with the purchase of such goods, including but not limited to any harmful side effects caused by the consumption of any such products.

    SCOOPA cannot confirm the accuracy of the description nor the quality of the product supplied by such independent third-party goods providers. You are requested to consult with your medical practitioner before making any such purchase and/or consuming any medication. SCOOPA does not guarantee the genuineness of any medical claims including but not limited to the date of expiry as claimed by the provider of the third-party goods distributing any medication via the SCOOPA Platform. All products made available via the SCOOPA Platform are delivered by independent third-party goods service providers, SCOOPA is neither the manufacturer nor the distributor of any goods delivered via the SCOOPA Platform.

    SCOOPA disclaims responsibility for any harm to persons resulting from any instructions or product descriptions referred to in the SCOOPA App. SCOOPA is not associated with any manufacturer of medicines or other products on the SCOOPA Platform. We do not warrant that the products being supplied will meet your requirements.

    It is imperative to seek professional advice from your physician before purchasing or consuming any medicine to be completely aware of the indications, side effects, drug interactions, and effects of missed doses,s or overdose of the medicines you may order using the SCOOPA Platform.

     

    LIMITATION OF LIABILITY.

    SCOOPA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SCOOPA PLATFORM OR SERVICES, EVEN IF SCOOPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCOOPA  AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SCOOPA  PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SCOOPA  PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SCOOPA DRIVER OR OTHER THIRD PARTY PROVIDER, EVEN IF SCOOPA  OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCOOPA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SCOOPA DRIVERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SCOOPA ’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SCOOPA PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.

    THE SCOOPA PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH SCOOPA DRIVERS BUT YOU AGREE THAT SCOOPA, ITS AFFILIATES, RESTAURANT PARTNERS, AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY SCOOPA DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

     

     

    Indemnity.

    You agree to indemnify and hold SCOOPA, its Affiliates, Restaurant Partners, Merchant Partners, and other partners and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the SCOOPA  Platform and the Services or services or goods obtained through your use of the SCOOPA  Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including SCOOPA Drivers.

    1. General Rules on Competitions, Contests, and Giveaways

    Unless otherwise specified, SCOOPA will conduct all competitions, contests, and giveaways (each a “Competition”) as described in this section and by entering or participating in a competition, each entrant or participant (“Entrant”) agrees to these rules whether any separate additional specific terms apply to the Competition.

    When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). SCOOPA may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.

    The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a prize being unavailable, SCOOPA reserves the right to offer an alternative prize of equal or greater value if circumstances beyond SCOOPA ’s control make it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for all taxes incurred in relation to the receipt of the Prize.

    Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third-party) or by a panel of individuals adjudicating the entries. Reasonable efforts will be made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to SCOOPA ’s communication within the communicated timeframe, SCOOPA reserves the right to offer the prize to the next eligible Entrant. SCOOPA will not be liable if the prize does not reach the Competition Winner for reasons beyond SCOOPA ’s reasonable control.

    Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither SCOOPA nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether arising because of server functions, virus, bugs, or other causes outside SCOOPA ’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL SCOOPA ’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.

    SCOOPA reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater to a solution to any matter which may arise, then SCOOPA shall have the sole discretion to decide finally on any such matter. SCOOPA ’s decisions on any aspect of the Competition are final and binding and no correspondence will be entered into about it.

    1. Dispute Resolution

    Arbitration.

    You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof or the use of the SCOOPA  Platform or Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and SCOOPA  Technologies LTD if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and SCOOPA are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and SCOOPA and/or any of its Affiliates.

     

     

    Arbitration Process and Rules.

    Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the SCOOPA Platform or this Agreement, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders, and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

    1. Refund & Cancellation Policy

     

      1. Cancellation Policy

    For canceling both NOW and LATER bookings, cancellation fees may apply to compensate the Driver for starting to move in your direction.

    You can cancel a trip at any time through the SCOOPA app but may be charged a cancellation fee if you cancel after you're matched with your driver. Cancellation fees pay drivers for the time and effort they spend getting to your location.

     

      1. Rider Refund Policy

    We hope that every trip you book through the SCOOPA app goes without issue, but we understand that sometimes things happen. If a trip you take does not meet your expectations, you can share your feedback by rating your driver in the app; and if you believe there was an error with your price or a more serious issue occurred on your trip, you can report it to our Support team. In some cases, your report may be covered by our Rider Refund Policy.

    We want you to know what to expect when you report issues, so we are sharing examples of when you may be eligible to receive a full or partial refund of the price you paid. If you have an issue with a trip, let us know within 30 days. All requests will be evaluated at SCOOPA's sole discretion, and on a case-by-case basis.

    As a reminder, SCOOPA is a marketplace that connects users to complete trips booked by a rider and accepted by a driver within the app. As a rider, you own the decision to take a trip or not. SCOOPA provides information to riders prior to starting a trip, such as:

    • Pricing and other estimates in-app like an upfront price and the estimated time of arrival
    • Vehicle and driver details like a license plate, driver name, and vehicle type

    As a rider, it’s your responsibility to check the information provided is accurate and meets your expectations of quality. If you decide to take a trip, you are accepting the terms of service and are taking responsibility for the successful payment of that trip.

     

                     When am I eligible to receive a full or partial refund?

    Examples of when you may be eligible to receive a full or partial refund include:

    • A fare or fee was charged in error, or your trip experienced a technical issue, like an eligible promotion not applying correctly
    • Your trip price was significantly higher than the estimate you were shown in the app prior to booking, and it was not due to added stops, or a changed destination
    • Your trip was not completed within a reasonable walking distance to your requested destination
    • You or the intended rider did not take the trip or there are other fraud concerns

                                   

    Examples of when you will not be eligible to receive a full or partial refund include, but are not limited to:

    • An issue related to the vehicle quality or the type of vehicle dispatched for your trip
      • Tip: You can use SCOOPA’s 2-way rating system or contact customer support to help make drivers aware of issues with their vehicle
    • An issue with a driver not meeting your quality expectations
      • Tip: You can use SCOOPA’s 2-way rating system or contact customer support to providing drivers with feedback about their service
    • An issue that was caused by user error, like requesting the wrong type of vehicle
    • An on-trip delay or on-trip routing issue due to uncontrollable events (e.g. traffic, construction) or a change in price due to adding or removing stops or updating your intended destination after your trip began

     

    Note that any safety-related incidents are handled by a specialized team and can be reported to us at support@ridescoopa.com​​​​​​

     

                                            Resolving Your Request

    You can submit a request for a refund or a general complaint about your ride to SCOOPA’s customer service team at support@ridescoopa.com or in the app within 30 days of encountering an issue. If we determine you are eligible, you should expect any refunds to be returned to your original payment method within 3-5 business days, depending on your bank.

                                                            False Reports

    We investigate each report. Providing inaccurate information about your trip experience when disputing fees or charges violates SCOOPA guidelines and may result in your request being denied and/or your account being deactivated.

     

     

    1. Other Provisions

    Choice of Law.

    This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

    Claims of Copyright Infringement.

    Claims of copyright infringement should be sent to SCOOPA at support@ridescoopa.com

    Notice.

    SCOOPA may give notice by means of a general notice on the SCOOPA Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to SCOOPA by written communication to SCOOPA 's email address at support@ridescoopa.com

    General.

    You may not assign or transfer your rights under this Agreement in whole or in part without SCOOPA ’s prior written approval. You give your approval to SCOOPA for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to (i) a subsidiary or affiliate; (ii) an acquirer of SCOOPA ’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, SCOOPA, or any SCOOPA Driver because of the contract between you and SCOOPA or use of the SCOOPA Platform.

    If any provision of this Agreement is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity, and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.