Contractual Relationship

These terms of service constitute a legally binding agreement (the “Agreement”) between you and GO, a company with its registered office at AlManshiya - Khartoum (“GO”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).

This Agreement governs your use of the GO applications, website, call centre and technology platform (collectively, the “GO Platform”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE GO PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE GO PLATFORM.

Your access and use of the GO Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and GO. GO may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the GO Platform or any portion thereof, at any time for any reason without notice.

Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.

GO may amend this Agreement from time to time. Amendments will be effective upon GO’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the GO Platform after such posting constitutes your consent to be bound by this Agreement, as amended.

Our collection and use of personal information in connection with the GO Platform is as provided in GO’s Privacy Policy. GO may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.

The GO Platform

The GO Platform provides a digital network where persons (“Users”) who seek personal transportation services (“Services”) can be matched with persons, including drivers (“Captains”) who can provide the Services. Each User shall create a User account that enables access to the GO 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 Captain or other third party provider to a User shall constitute a separate agreement between such persons.

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

Materials posted on the GO 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 GO Platform, or by anyone who may be informed of any of its contents.

We aim to update the GO Platform regularly and may change the content at any time. If the need arises, we may suspend access to the GO Platform and the Services or close them indefinitely. Any of the material on the GO 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 GO 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 GO OR ANY OF ITS AFFILIATES.

License.

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

Third Party Services and Content.

The GO Platform may be made available or accessed in connection with third party services and content (including advertising) that GO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. GO does not endorse such third party services and content and in no event shall GO be responsible or liable for any products or services of such third party providers. 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 GO 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 GO Platform in any manner. Your access to the GO Platform using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.

GO Platform Ownership.

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

Provision of the Services.

You acknowledge that portions of the Services may be made available under GO’s various brands or request options, including transportation request brands, the logistic request brands and the e-wallet 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 GO’s discretion which brands or request options are made available to you.

Use of the GO Platform

User Accounts.

In order to use most aspects of the GO Platform, you must register for and maintain an active personal User account (“Account”). Account registration requires you to submit to GO certain personal information, such as your name, mobile phone number and gender. 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 GO Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or GO’s termination of this Agreement with you.

You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the GO Platform.

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

User Requirements and Conduct.

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 GO Platform, and you may only use the GO Platform for lawful purposes. You will not, in your use of the GO Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, Restaurant Partner, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the GO Platform, and you agree that you may be denied access to or use of the GO 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 GO 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.

GO, 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 GO. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). GO reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that GO 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 GO; (iii) may be disabled by GO at any time for any reason without liability to GO; (iv) may only be used pursuant to the specific terms that GO establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) GO may establish additional terms relating to specific promotions. GO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that GO 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 or this Agreement.

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 pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Communications from GO, its affiliated companies and/or Captains, may include but are not limited to: operational communications concerning your User account or use of the GO Platform or Services, updates concerning new and existing features on the GO Platform, communications concerning promotions run by us or our third- party partners, and news concerning GO and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

Charges and Payments

As a User, you agree to pay any amounts charged by GO (the “GO Fee”) and amounts charged by Captains or other independent third party provider for providing Services to you (“Charges”).

After you have received Services from a Captain or other independent third party provider, GO: (i) may facilitate your payment of the applicable Charges on behalf of the Captain as such Captain’s limited payment collection agent and (ii) may collect any applicable GO Fee directly from you or, in the case of a cash payment, from the relevant Captain. Payment of the Charges and GO Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captain or other independent third party provider or to GO, as applicable. Charges and GO Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and GO Fees paid by you are final and non-refundable, unless otherwise determined by GO.

All Charges and GO Fees are due immediately and payment will be facilitated by GO, after which GO or a Captain, as applicable, will send you a receipt by email.

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

Repair or Cleaning Fees.

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

Restricted Activities

With respect to your use of the GO 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) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the GO Platform or the servers or networks connected to the GO Platform (v) post information or interact on the GO 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 GO 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 GO Platform (x) “frame” or “mirror” any part of the GO 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 GO Platform or any software used on or for the GO Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the GO Platform or access to any portion of the GO 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 GO 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. In the event that you undertake in any of the above while participating in Services, a Captain shall be permitted to refuse to provide you Services or, if such Services have commenced, a Captain shall be permitted to refuse to continue to provide you Services.

Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

THE GO PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GO 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, GO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE GO PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE GO PLATFORM, OR THAT THE GO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. GO AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE GO PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

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

We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left a vehicle.

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

You acknowledge that GO 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 GO is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.

GO 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 GO 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 GO, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the GO Platform. Any of your information, including geolocational data, you upload, provide, or post on the GO Platform may be accessible to GO, selected partners and relevant Captains.

LIMITATION OF LIABILITY.

GO 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 GO PLATFORM OR SERVICES, EVEN IF GO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GO 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 GO PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE GO PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF GO OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GO 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 CAPTAINS 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 GO’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE GO PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION.

THE GO PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINS BUT YOU AGREE THAT GO, ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY CAPTAINS 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 GO, its Affiliates 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 GO Platform and the Services or services or goods obtained through your use of the GO Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.

General Rules on Competitions, Contests and Giveaways

Unless otherwise specified, GO 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 or not 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”). GO 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, GO reserves the right to offer an alternative prize of equal or greater value if circumstances beyond GO’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to 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 made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to GO’s communication within the communicated timeframe, GO reserves the right to offer the prize to the next eligible Entrant. GO will not be liable if the Prize does not reach the Competition Winner for reasons beyond GO’s reasonable control.

Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither GO 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 or not arising as a result of server functions, virus, bugs, or other causes outside GO’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL GO’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.

GO 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 for a solution to any matter which may arise, then GO shall have the sole discretion to decide finally on any such matter. GO’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.

 

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.

General.

You may not assign or transfer your rights under this Agreement in whole or in part without GO’s prior written approval. You give your approval to GO 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 GO’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, GO or any Captain as a result of the contract between you and GO or use of the GO 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.