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Captain Agreement for Ride Hailing Services

Important Notes:

  • Careem Networks FZ-LLC and its Affiliates listed in Annex 1 herein are wholly owned subsidiaries of Uber Technologies, Inc.
  • Careem Networks FZ-LLC and its subsidiaries offer their ride hailing services on an intermediation platform made available by Careem Deliveries FZ LLC (respectively the “Careem Platform ” and “Careem Technologies”).
  • Careem Technologies, as the provider of the Careem Platform will host the Careem ride hailing services on the Careem Platform. Careem Technologies is not part of the Uber group.

This Captain Agreement (this “Agreement”) constitutes a legal agreement between the relevant Careem ride hailing entity as set out in Annex 1 (“Careem Rides” also referred to as “we”, “us” or ‘our”) and an individual who satisfies the requirements set out in Section 3.1 below to be an active Careem Captain and whom Careem Rides has authorised to access the Careem Rides Services and to provide passenger Transportation Services to Users through the Careem Services (a “Careem Captain” also referred to as “you” or “your”).

General Community Guidelines applicable to all users of the Careem Rides Services are located here and are considered an integral part of this Agreement.

Your access and use of the Careem Platform as a Careem Captain constitutes your agreement to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Careem Rides Services to provide Transportation Services.

The Careem Rides Services are made available on the Careem Platform and will be accessed in connection with services and content (including advertising) of Careem Technologies that the Careem Rides Group does not control. You acknowledge that different terms of use and privacy policies may apply to your use of the Careem Platform and they will be shared with you from time to time by Careem Technologies. The Careem Rides Group does not endorse such third party services and content and in no event shall any entity of the Careem Rides Group, or any legal representatives, administrators, successors-in-interest, permitted assigns of the Careem Ride Group, be responsible or liable for any products or services of the Careem Technologies’ super app.

This Agreement expressly supersedes any prior agreements or arrangements with you relating to your provision of Transportation Services on the Careem Platform. Careem Rides may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Careem Rides Services or any portion thereof, at any time for any reason without notice.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CAREEM PLATFORM.

  1. Definitions


    In addition to terms defined elsewhere in this Agreement, the following terms shall have the meanings set forth below:

    “Affiliate” means an entity that, directly or indirectly, controls, is under the control of, or is under common control with a party, where control means having more than fifty percent (50%) of the voting stock or other ownership interest, the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of that Affiliate are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that Affiliate on any distribution by it of all of its income or the majority of its assets on a winding up.

    “Captain ID” means the identification and password key assigned by the Careem Platform to the Careem Captain that enables the Careem Captain to use and access the Careem Captain App.

    "Captain Provided Device” or "Device” means a mobile device owned or controlled by the Careem Captain: (a) that meets the then-current Careem Platform’s specifications for mobile devices; and (b) on which the Careem Captain App has been installed as authorised by Careem Technologies.

    "Careem Captain” means a driver who satisfies the Driver Requirements set out in Section 3 and who has been authorised by Careem Rides to access the Careem Rides Services and to provide Transportation Services to Users connected through the Careem Platform.

    "Careem Rides Data” means all data related to the access and use of the Careem Rides Services hereunder, including all data related to Users (including User Information), all data related to the provision of Transportation Services via the Careem Rides Services and the Careem Captain App, and the Captain ID.

    "Careem Rides Group” means, collectively, Careem Networks FZ LLC and its Affiliates including but not limited to Uber Technologies Inc. and its respective Affiliates.

    "Careem Wallet" means the stored value wallet made available to a User by Careem Technologies or its Affiliates through the Careem Platform and in accordance with the terms of use of the Careem Platform and if applicable the specific terms of use for the Careem Wallet.

    "Careem Wallet Payment" means the cash amount that a User opts to apply in respect of some or all of the User's cash change, as a Careem Wallet Payment to a Driver upon completion of a Transportation Service.

    "Careem Platform” means collectively the Careem Captain App, Careem Technologies’ Everything App, Careem Technologies’ website, Careem Technologies’ call centre and any other technology platform provided by Careem Technologies or its Affiliates through which the Careem Rides Services are made available.

    "Careem Rides Services” means the electronic services rendered by Careem Rides through the Careem Platform, being on-demand intermediary and related services that enable Careem Captains to to seek, receive and fulfil on demand requests for transportation services by Users seeking such services.

    "Careem Captain App” means the mobile application made available by Careem Technologies that enables Careem Captains to access the Careem Rides Services for the purpose of seeking, receiving and fulfilling on-demand requests for Transportation Services by Users, as may be updated or modified by Careem Technologies at its discretion from time to time.

    "Fare” means a fare charged by you for each instance of completed Transportation Services.

    "Service Fee” means the sum charged and due to Careem Rides in consideration of the Careem Rides Services, as notified to you via email or otherwise made available electronically by Careem Rides from time to time for the applicable Territory as further described in Clause 5.7.

    "Territory” means the country in which you receive requests for Transportation Services.

    "Fleet Company” means a transportation customer of Careem Rides being either (a) an independent company in the business of providing transportation services; or (b) a fleet partner, being either an individual, a sole proprietorship or any other corporate entity facilitating the provision of transportation services through third party transportation providers employed or contracted by such fleet partner.

    "Transportation Services” means the provision of passenger transportation services to Users via the Careem Rides Services in the Territory by the Careem Captain using the Vehicle.

    "Trip” means a trip from one geographic location to another geographic location in the Territory to provide Transportation Services via the Careem Platform.

    "User” means an end user duly authorised to use the Careem Platform for the purpose of obtaining Transportation Services.

    "User Information” means information about a User made available to the Careem Captain in connection with such User’s request for and use of Transportation Services, which may include the User’s name, pick-up location, contact information and photo.

    "Vehicle” means any vehicle that: (a) meets the then-current Careem Rides requirements for a vehicle using the Careem Rides Services; and (b) Careem Rides authorises for use by the Careem Captain for the purpose of providing Transportation Services.



  2. Use of Careem Rides Services


    1. Captain Account & IDs:

        In order to access and use the Careem Rides Services, you must register for and maintain an active user account on the Careem Captain App (the “ Captain Account”). To obtain a Careem Captain ID Account, the Careem Captain must satisfy the conditions set out in Section 3.1. You agree to maintain accurate, complete, and up-to-date information in your Captain Account, and to submit all required information to allow us to communicate with you as needed. The Careem Captain’s failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use of the Careem Captain App and/or the Careem Rides Services or our termination of this Agreement with you. You are responsible for all activity that occurs under your Captain Account. Unless otherwise permitted by us in writing, you may only possess one Captain Account.

      The Careem Captain will be issued a Captain ID by the Careem Platform to enable the Careem Captain to access and use the Careem Captain App on a Device in accordance with this Agreement. The Careem Captain will maintain his or her Captain ID and Captain Account in confidence and inform us immediately of any actual or suspected breach or improper use or disclosure of the Captain ID or Captain Account or the Careem Captain App.

      The Careem Captain further acknowledges that (i) Careem Rides maintains full right and discretion to restrict access to the Careem Captain App and the Careem Rides Services at any time, without notice, in the event it reasonably believes that the Careem Captain’s access has been blocked or put on hold on any other platform due to security, safety, fraud or other concerns; and (ii) Careem Technologies maintains full right and discretion to restrict access to the Careem Platform at any time, without notice, in the event the Careem Captain’s access has been blocked or put on hold on the Careem Rides Services due to security, safety or fraud concerns.


    2. Provision of Transportation Services.

        When the Careem Captain App is active, User requests for Transportation Services may appear to the Careem Captain via the Careem Captain App if the Careem Captain is available and in the vicinity of the User. If you accept a User’s request for Transportation Services, you will provide certain User Information to you as a Careem Captain via the Careem Captain App, including the User’s first name and pickup location. In order to enhance User satisfaction with the Careem Platform and Careem Captain’s Transportation Services, it is recommended that you wait at least ten (10) minutes or as communicated by Careem Rides in the Territory, for a User to show up at the requested pick-up location. You will obtain the destination from the User, either in person upon pickup or from the Careem Captain App if the User elects to enter such destination via the Careem Platform. The Careem Captain acknowledges and agrees that once he or she has accepted a User’s request for Transportation Services, the Careem Rides Services may provide certain information about Careem Captain’s to the User, including your first name, contact information, photo and location, and Careem Captain’s Vehicle make and license plate number. The Careem Captain shall not contact Users or use any User’s personal data for any reason other than for the purposes of fulfilling Transportation Services. The Careem Captain agrees that his or her contact and/or insurance information may be released to a User upon such User’s reasonable request. The Careem Captain may not, unless specifically consented to by a User, transport or allow inside any Vehicle individuals other than a User and any individuals authorized by such User during the performance of Transportation Services for such User. The Careem Captain shall transport all Users directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.

    3. Careem Captain’s relationship with Users.

        The Careem Captain acknowledges and agrees that the Transportation Services to Users creates a legal and direct business relationship between the Careem Captain and the User, to which Careem Rides is not a party. Careem Rides is not responsible or liable for the actions or inactions of a User in relation to the activities of the Careem Captain or any Vehicle. The Careem Captain shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from its provision of Transportation Services. Careem Captain acknowledges and agrees that the Careem Captain is solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. The Careem Captain acknowledges and agrees that Careem Rides may release the contact and/or insurance information of the Careem Captain to a User upon such User’s reasonable request. The Careem Captain acknowledges and agrees that, unless specifically consented to by a User, the Careem Captain may transport or allow inside any Vehicle individuals other than a User and any individuals authorized by such User during the performance of Transportation Services for such User. The Careem Captain acknowledges and agrees that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.

    4. Careem Captain’s Relationship with the Careem Rides Group

       
      1. Except as otherwise expressly provided herein with respect to Careem Rides acting as the limited payment collection agent solely for the purpose of collecting digital payments from Users on behalf of the Careem Captain where applicable, the relationship between the parties under this Agreement is solely that of independent contractors. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship (including from a labour law, tax law or social security law perspective), between any entity of the Careem Rides Group and the Careem Captain; and (b) no joint venture, partnership, or agency relationship exists between the Careem Rides Group and the Careem Captain.

      2. The Careem Captain has no authority to bind the Careem Rides Group and undertakes not to hold itself out as an employee, agent or authorized representative of the Careem Rides Group. Where, by implication of mandatory law or otherwise, the Careem Captain may be deemed an employee, agent or representative of any entity of the Careem Rides Group, the Careem Captain undertakes and agrees to indemnify, defend (at the applicable Careem Rides Group entities option) and hold the Careem Rides Group harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.

      3. The Careem Captain expressly acknowledges and agrees that by agreeing to the terms and conditions of this Agreement, Careem Captain intends to perform Transportation Services in a non-incidental manner and, as such, Careem Rides will consider the Careem Captain (where applicable and subject to clause 9.3 below), to be a taxable person in accordance with all applicable VAT and indirect tax legislation.

      4. Careem Rides does not, and shall not be deemed to, direct or control the Careem Captain generally or in Careem Captain’s performance of Transportation Services or maintenance of any Vehicles. Careem Captain acknowledges that Careem Rides does not control, or purport to control: (a) when or for how long the Careem Captain will utilize the Careem Captain App or the Careem Rides Services; or (b) the Careem Captain’s decision, via the Careem Captain App, to attempt to accept or to decline or ignore a User’s request for Transportation Services, or to cancel an accepted request for Transportation Services, via the Careem Captain App, subject to Careem Ride’s then-current cancellation policies. The Careem Captain may be deactivated or otherwise restricted from accessing or using the Careem Captain App or the Careem Rides Services in the event of a violation of this Agreement, or the Careem Captain’s disparagement of the Careem Rides Group, or the Careem Captain’s act or omission that causes harm to the Careem Rides Group’s brand, reputation or business as determined by the Careem Rides Group in its sole discretion.

      5. YOU ACKNOWLEDGE THAT NEITHER CAREEM RIDES NOR ITS AFFILIATES PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY YOU (FOR YOUR OWN ACCOUNT OR FOR THE ACCOUNT OF THE FLEET COMPANY AS APPLICABLE TO YOU) AN INDIVIDUAL WHO IS NOT EMPLOYED BY CAREEM RIDES OR ANY OF ITS AFFILIATES.


    5. Ratings

       
      1. The Careem Captain agrees that: (a) after receiving Transportation Services, a User will be prompted to provide a rating of such Transportation Services and the Careem Captain and, optionally, to provide comments or feedback about such Transportation Services and the Careem Captain. Only the rating provided by the Users will be made available to the Careem Captain, excluding any comments; and (b) after providing Transportation Services, the Careem Captain will be prompted by the Careem Captain App to provide a rating of the User. The Careem Captain shall provide ratings and feedback in good faith.

      2. In order to continue to receive access to the Careem Captain App and the Careem Rides Services, the Careem Captain acknowledges that they must maintain an average rating by Users that exceeds the minimum average acceptable rating established by Careem Rides for the Territory, as may be updated from time to time by Careem Rides in its sole discretion (“Minimum Average Rating”). In the event the Careem Captain’s average rating falls below the Minimum Average Rating, the Careem Captain may be provided a limited period of time to raise their average rating above the Minimum Average Rating. The Careem Captain agrees that if the Careem Captain does not increase their average rating above the Minimum Average Rating within the time period allowed (if any), Careem Rides may deactivate such Careem Captain’s access to the Careem Captain App and the Careem Rides Services. The Careem Captain agrees that repeated failure to accept User requests for Transportation Services while the Careem Captain is logged in to the Careem Captain App creates a negative experience for Users of the Careem Rides’ Services. Accordingly, the Careem Captain agrees that if they are logged in to the Careem Captain App, they will strive to accept a substantial portion of User requests for Transportation Services, and that if they do not wish to accept User requests for Transportation Services for a period of time, they will log off of the Careem Captain App.

      3. Careem Rides reserve the right to use, share and display the Careem Captain and User ratings and comments in any manner in connection with the business of the Careem Rides Group without attribution to or approval of the Careem Captain. The Careem Captain acknowledges that Careem Rides is a distributor (without any obligation to verify) and not publisher of the Careem Captain and User ratings and comments, provided that Careem Rides reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Careem Rides or its Affiliates’ content policies.


    6. Network Access and Devices:

        In respect of any Captain-Provided Device(s), Careem Captain acknowledges that Careem Rides is not responsible for the acquisition, cost or maintenance of any such Captain-Provided Device(s) or any necessary wireless data plan. Careem Captain agrees that: (i) use of the Careem Captain App on a Captain-Provided Device requires an active data plan with a wireless carrier associated with the Captain-Provided Device, which data plan will be provided by the Careem Captain at his or her own expense; and (ii) use of the Careem Captain App on a Captain-Provided Device as an interface with the Careem Rides Services may consume very large amounts of data through the data plan. Careem Rides advises that Captain-Provided Devices only be used under a data plan with unlimited or very high data usage limits, and Careem Rides shall not be responsible or liable for any fees, costs or overage charges associated with any data plan.

    7. Location Based Services.

        Careem Captain acknowledges and agrees that his or her geo-location information must be provided to the Careem Rides Services via a Device in order to provide the Transportation Services. The Careem Captain acknowledges and agrees that: (a) his or her geo-location information will be collected and processed by Careem Rides and Careem Technologies when the Careem Captain is logged into the Careem Captain App and available to receive requests for Transportation Services, or when Careem Captain is providing Transportation Services; and (b) the approximate location of the Careem Captain’s Vehicle will be displayed to the User before and during the provision of Transportation Services to such User. In addition, Careem Rides and/or Careem Technologies may process the Careem Captain’s geo-location information obtained by the Careem Captain App and Device for safety, security, technical, marketing and commercial purposes, including to provide and improve Careem Rides products and services.


  3. Captains and Vehicles


    1. Careem Captain Warranties and Requirements.

        Careem Captain agrees, represents and warrants that he or she will at all times: (a) hold and maintain (i) a valid driver’s license for the Territory with the appropriate level of certification to operate the Vehicle assigned to them (whether from a sponsor, registered transport service provider, governmental agency or otherwise), and (ii) all licenses, permits, approvals and authority necessary to provide passenger transportation services to third parties in the Territory; (b) have full power and authority to enter into this Agreement and perform its obligations hereunder and that he/she has not entered into, and during the term will not enter into, any agreement that would prevent it from complying with this Agreement; (c) he/she will comply with all applicable laws in his/her performance of this Agreement; (d) possess the appropriate and current level of training, expertise and experience to provide Transportation Services in a professional manner with due skill, care and diligence; (c) maintain high standards of professionalism, service and courtesy; and (e) maintain a valid insurance policy for the appropriate liability insurance and such other insurances as are considered market practice in your jurisdiction (all in industry standard coverage amounts, providing protection against bodily injury and property damage, and not less than the minimum coverage amounts required by applicable law) in order to use the Careem Platform and provide Transportation Services to Users.

      The Careem Captain agrees that he or she may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide, Transportation Services. Careem Captain may be deactivated from or otherwise restricted from accessing or using the Careem Captain App or the Careem Rides Services if Careem Captain fails to meet the requirements set forth in this Agreement


    2. Vehicle suitability and Maintenance:

        Careem Captain acknowledges and agrees that the vehicle used for providing Transportation Services is suitable in all material ways for the transportation of people. The vehicle to be used by the Careem Captain for transportation services must be registered under his or her personal name as a private vehicle (or if not so registered, you must hold a valid power of attorney giving you the legal right to drive the relevant vehicle) or under the name of a registered transport service provider in your jurisdiction of operation. Requirements relating to the vehicle’s engine capacity and age will be notified to the Careem Captain by Careem Rides representatives and the Careem Captain must comply with such requirements at all times.

      The Careem Captain represents, warrants and undertakes that the Careem Captain will provide Transportation Services in a vehicle which is: (i) kept in good operating condition and meets the industry safety standards for a vehicle of the jurisdiction; (ii) lawfully operated and (iii) complies with relevant regulations issued by the competent authority in the jurisdiction in which the Transportation Services are provided to the Users.

      The Careem Captain will be responsible for maintenance of his or her vehicle and the Careem Rides Group shall not be responsible for the same. Careem Captain will be responsible to obtain a full inspection of its vehicle from a service provider pre-approved by Careem Rides at least once in every calendar year and will keep valid your vehicle’s technical inspections certificate from the relevant government authorities.


    3. Safety:

        The Careem Captain represents, warrants and undertakes that the Careem Captain will provide Transportation Services to Users in a vehicle which is suitable in all material ways for the transportation of Users. You will transport Users safely to their required destination without accident, collision, harassment, or injury caused by you or any third party. At the Careem Captain’s discretion, the Careem Captain should reasonably accommodate Users’ service animals, where required by law.

    4. Road Safety:

        While providing Transportation Services, the Careem Captain will not: (i) engage in reckless behaviour while driving (ii) operate a vehicle that is unsafe to drive (iii) permit an unauthorized third party to accompany the Careem Captain in the vehicle (iv) be under the influence of alcohol or narcotics, or (v) take any action or omit to take any action that harms or threatens to harm the safety of Users or any third party.

    5. Briefings:

        The Careem Captain understands and agrees that Careem Rides may ask the Careem Captain to attend briefings in respect of the Careem Platform / Careem Rides Services and/or the provision of Transportation Services to Users via the Careem Platform. Any such briefing will be without prejudice to your obligations under this Agreement and Careem Rides will have no responsibility or liability for your acts, performance or behaviour.

    6. Fraudulent activity:

        The Careem Captain agrees not to attempt to defraud Careem Rides, its Affiliates or Users. If we suspect that you have engaged in fraudulent activity, we may restrict your access to the Careem Rides Services (including access to your Captain Account) and withhold amounts or payments owed to you while we conduct an independent investigation into the suspected behaviour. Careem Rides reserves the right to take any appropriate measures including but not limited to terminating this Agreement with the Careem Captain, notifying the relevant authorities and / or filing criminal charges against you.

    7. Confidentiality:

        Each party acknowledges and agrees that in the performance of this Agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party ("Confidential Information"). Confidential Information includes Careem Rides Data, Driver IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential. Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents and service providers ("Permitted Persons") as necessary to perform under this Agreement, provided Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the disclosing party upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to Careem Rides, its internal record-keeping requirements). Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure. .


  4. Proprietary Rights and Licences to Access and Use of the Careem Rides Services:


    1. License:

        Subject to your compliance with this Agreement, Careem Rides grants you a limited, non-exclusive, non-sub-licensable, revocable, non-assignable, royalty-free, non-transferrable license, during the term of this Agreement, to: access and use the Careem Rides Services on your Device solely to provide the Transportation Services to Users and tracking resulting Fares and Service Fees. Any rights not expressly granted herein are reserved by Careem Rides and its licensors. Careem Rides may provide or make available materials displaying the Careem name or logo ( “Authorized Careem Rides Branded Materials”). You may, when providing Rides, solely for the purpose of identifying yourself and your vehicle to Riders as someone selling Transportation Services facilitated through the Careem Rides Services, use, wear, or display such Careem Rides Branded Material, and Careem Rides hereby grants you a limited, non-exclusive, non-sub-licensable, revocable, non-assignable, royalty-free, non-transferable license to do the same. You agree not to (i) use, wear, or display Careem Rides branded materials that are not Authorized Careem Rides Branded Materials (ii) purchase, accept, offer to sell, sell, or otherwise transfer any Careem Rides branded materials including but not limited to any Authorized Careem Rides Branded Materials, without Careem Ride’s prior written permission, or (iii) display Careem Rides branded materials when you are not accessing the Careem Rides Services. You agree to destroy and discard any Careem Rides branded materials including any Authorised Careem Rides Branded Material if your Captain Account is deactivated and/or if you lose access to the Careem Captain App or the Careem Rides Services.

    2. Restrictions:

        You may not and shall not allow any other party to: (i) remove and/or otherwise misuse any copyright, trademark or other proprietary notices from any portion of the Careem Platform or the Careem Rides Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, sublicense, lease, sell, resell, transfer, assign, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Careem Platform or the Careem Rides Services except as expressly permitted by Careem Rides; (iii) decompile, reverse engineer or disassemble the Careem Platform or the Careem Rides Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Careem Platform or the Careem Rides Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Careem Platform or the Careem Rides Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Careem Platform or the Careem Rides Services; (vi) send spam or otherwise duplicative or unsolicited messages; (vii) access the Careem Platform or the Careem Rides Services to (a) design or develop a competitive or substantially similar product or service, or (b) copy or extract any features, functionality, or content thereof; (viii) attempt to gain unauthorized access to or impair any aspect of the Careem Platform or the Careem Rides Services or their respective related systems or networks; (ix) create or register any (a) businesses, (b) URLs, (c) domain names, (d) software application names or titles, or (e) social media handles or profiles that include Careem Rides Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (x) use Careem Rides Names, Marks, or Works as your social media profile picture or wallpaper; (xi) purchase keywords (including, but not limited to Google AdWords) that contain any Careem Rides Names, Marks, or Works; (xii) apply to register, reference, use, copy, and/or claim ownership in Careem Rides Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works, except as may be permitted in the limited license granted above;.

    3. Ownership:

        The Careem Platform, any related data, and all rights therein, including any intellectual property rights, are and will remain the property of Careem Rides, its Affiliates or their respective licensors, as applicable. Neither this Agreement nor your use of the Careem Platform convey or grant to you any rights: (i) in or related to the Careem Platform except for the limited license granted above; or (ii) to use or reference in any manner Careem Rides company names, logos, product and service names, trademarks or services marks or those of Careem Rides licensors.


  5. Payment Terms


    Where you are a Careem Captain associated with or operating under a Fleet Company, this Clause 5 shall apply subject to Clause 9.3.

    1. Trip payment:

       
      • Careem Captain acknowledges and agrees that Users may pay for Fares: (a) digitally via the Careem Platform using their Careem Wallet, a saved credit or debit card or any other alternative payment method accepted as a payment method on the Careem Platform, or (b) by paying cash to the Careem Captain on completion of a Trip (“cash Fare”).

      • Where a Careem Captain is not associated with Fleet Companies (as further detailed in Clause 9.3 below), Careem Captain appoints Careem Rides as Careem Captain’s limited payment collection agent solely for the purpose, (whether or not through the Careem Platform), of accepting digital payments of the Fare, applicable Tolls and, depending on the Territory and/or if requested by Careem Captain applicable taxes and fees and other agreed amounts, from the User on Careem Captain’s behalf via the payment processing functionality facilitated by the Careem Platform.

      • Where Careem Captain accepts cash Fares, Careem Captain agrees that:
        • No agency (as described in Clause 5.1(b)) is required from Careem Rides;

        • User will pay the Fare directly to the Careem Captain;

        • Careem Captain has sole responsibility for collecting the cash Fare and any Careem Wallet Payment from each User and in the case of cash Fares, for providing the correct change, as appropriate, to such User;

        • Careem Captain will (A) retain the cash Fare and (B) subject to Clause 5.5 the Careem Wallet Payment, at Careem Captain’s own risk; and

        • Clause 5.4(c) will apply.


      • Subject to Clause 5.3 and Clause 5.4(c), Careem Captain will receive a payment from Careem Rides for eachTripa Careem Captain completes (“Trip Payment”) which is paid for via the Careem Platform. An Affiliate of Careem Rides or, in accordance with Clause 9.2, a third party, such as Careem Technologies or its Affiliates, may remit the Trip Payment and other agreed amounts specified in this Agreement to Careem Captain on behalf of Careem Rides and if applicable (in accordance with Clause 9.3) the Fleet Company.


    2. Payment of tips and other amounts:

       
      • The Trip Payment does not include any tip paid by the User. Users may pay tips, either directly to Careem Captain in cash or through the Careem Platform, which will be remitted to Careem Captain by Careem Rides, its Affiliates or in accordance with Clause 9.2.

      • Trip surcharges necessarily incurred by Careem Captain as part of Transportation Services (such as road, bridge, tunnel or airport charges) will be paid in addition to the Trip Payment.

      • In addition to the Trip Payment, Careem Captain may also be entitled to receive additional incentive payments as communicated to Careem Captain from time to time for the Transportation Services provided by Careem Captain, subject always to the particular terms of the relevant incentive schemes (Incentive Payments).


    3. Adjustment to Trip Payments:

       

      Careem Rides reserves the right to make an adjustment to the Trip Payment in the following circumstances:

      • to adjust the Fare for a particular instance of Transportation Services (e.g., Careem Captain took an inefficient route, Careem Captain failed to properly end a particular instance of Transportation Services in the Careem Captain App, a technical error in the Careem Rides Services, etc.); or

      • to cancel the Fare for a particular instance of Transportation Services (e.g., a User is charged for Transportation Services that were not provided, in the event of a User complaint, fraud, etc.).

      Careem Rides, decision to reduce or cancel the Fare in any such manner shall be exercised in a reasonable manner.


    4. Payments:

       

      • The Careem Captain acknowledges and agrees that subject to a minimum disbursement threshold being met, Careem Captain will be paid bi-weekly in arrears directly into Careem Captain’s bank account or wallet account for the Transportation Services Careem Captain completed in the previous two weeks.

        In addition to the scheduled payouts described in this Clause 5.4(a), Careem Rides and/or Careem Technologies and its Affiliates may also offer Careem Captain other options to receive Trip Payments for example instant payments or on demand payments, which shall be offered subject to any specific terms and conditions which may apply to such service.


      • It is Careem Captain’s responsibility to ensure the correct bank account or wallet account details are provided to Careem Rides and kept up to date on the Careem Captain App.

      • Careem Captain agrees that Careem Rides and/or its Affiliates may deduct from any digital Payment or other monies payable to Careem Captain at any time, any sums which Careem Captain may owe to Careem Rides, Careem Technologies or either of their Affiliates or which are recoverable by Careem Rides or its Affiliates or in the case of Careem Wallet Payments, Careem Technologies or its Affiliates including for example Service Fees, Careem Wallet Payments and any refund owing to a User.

      • The Careem Captain will continue to be fully liable for any amounts outstanding and owing to Careem Rides or Careem Technologies or either of their Affiliates until such amounts have been fully settled with Careem Rides or Careem Technologies or their Affiliates as applicable, for example where Careem Captain has taken more cash Trips than digital Trips and Service Fees are owing to Careem Rides.


    5. Careem Wallet Payments:

       

      • Careem Captain acknowledges and agrees that where a User has chosen cash payment for a Trip and Careem Captain has accepted such Trip, the User will have the option to: (i) receive any change as cash directly from you; or (ii) request that you apply some or all of the User's change to reload their Careem Wallet ("Careem Wallet Payment"), by informing you at the time of payment.

        For the avoidance of doubt, a Careem Wallet Payment is not a tip from the User to the Careem Captain.


      • The Careem Captain App will automatically specify the Fare due by the User plus the amount attributable as Careem Wallet Payment ("Total Payment Received"). The Careem Captain App will reflect the Total Payment Received and will specify the amount attributable to Careem Wallet as 'credits'.

      • You acknowledge and agree that where the User has opted to make a Careem Wallet Payment: (i) the amount of such Careem Wallet Payment will constitute a debt owing by you to Careem Technologies or its Affiliates in accordance with Clause 5.4(d); and (ii) any Careem Wallet Payment will (if possible) be deducted in accordance with Clause 5.4(c).

      • No service fee may be charged by the Careem Captain in respect of amounts constituting Careem Wallet Payments.

      • Careem Rides shall bear no liability or responsibility for miscalculations, errors or inaccuracies in the calculation of payments constituting Careem Wallet Payments and/or the incorrect entry of amounts representing a Careem Wallet Payment into the Careem Captain App by you. You agree and acknowledge that any loss or liability incurred as result of you error, miscalculation or inaccuracy in calculating or entering the amounts constituting a Careem Wallet Payment into the Careem Captain App shall be at your own risk and you further agree that Careem Rides shall bear no liability for errors, loss or liability which you may incur as a result of such actions.


    6. Recording and collection of underpayments:

       
      • If a User has insufficient funds to pay for a Trip (whether in whole or part), each such event is considered an “Underpayment”), you acknowledge and agree that:
        • you will record the amount of the Underpayment for that Trip in the Careem Captain App;

        • an amount equivalent to the Underpayment recorded by you under Clause 5.6(a)(i) will be recorded by Careem Rides as a negative balance on the User's account.

        • Careem Rides may from time to time deactivate Underpayments as a specific feature available to Careem Captain.


      • You agree and acknowledge that at the time of payment for a trip you may be notified via the Careem Captain App that the User has incurred a negative balance comprising the total cumulative amount of any underpayments incurred by the User on User’s account up to (but excluding) the current transaction (the "User Negative Balance"). In such circumstances:
        • the Careem App will reflect that the total amount owing by the User comprises of: (a) the Fare owing for that trip; and (b) the User Negative Balance owing to Careem Rides;

        • you are under no obligation to compel or demand payment for the User Negative Balance from the User and Careem Rides agrees and acknowledges that it (Careem Rides) bears ultimate responsibility for seeking recourse for any Careem Rides User Negative Balance from Users;

        • where the User pays the User Negative Balance in cash and where you elect to accept such cash payment, you acknowledge and agree that such funds will be settled with Careem Rides as part of the set off set out in Clause 5.4(c) above, as determined by Careem Rides and notified to you from time to time.



    7. Service Fee:

       
      • In consideration of Careem Rides’s provision of the Careem Rides Services, you agree to pay Careem Rides a service fee for continuing access to Careem’s Platform on a per Transportation Services transaction basis calculated as a percentage of the Fare (regardless of any Negotiated Fare) as provided to Careem Captain via email or otherwise made available electronically by Careem Rides from time to time for the applicable Territory (“Service Fee”).

      • Careem Rides is entitled, at its sole discretion, to grant discounts on the Service Fee in the form that Careem Rides considers appropriate.

      • Unless regulations applicable to Careem Captain’s Territory require otherwise, Fares will be inclusive of taxes, and Careem Rides will calculate the Service Fee based on the Fare inclusive of such taxes. Careem Rides reserves the right to change the Service Fee at any time at Careem Rides’ discretion based upon local market factors, and Careem Rides will provide notice to Careem Captain in the event of such change. Continued use of the Careem Rides Services after any such change in the Service Fee calculation will constitute Careem Captain’s consent to such change.


    8. Cancellation Charges:

       

      You acknowledge and agree that Users may elect to cancel requests for Transportation Services that have been accepted by you via the Careem Captain App at any time prior to your arrival. In the event that a User cancels an accepted request for Transportation Services, Careem Rides may charge the User a cancellation fee on your behalf. If charged, this cancellation fee shall be deemed the Fare for the cancelled Transportation Services for the purpose of remittance to you (“Cancellation Fee”).


    9. Receipts:

       

      At the end of a Trip, Careem Rides will automatically send an electronic receipt on your behalf for the Transportation Services you provided to User. It will include amounts charged to the User and certain information about you including name, photo and contact information, and a map of the route taken by you. You acknowledge and agree that any corrections to a User’s receipt for Transportation Services must be submitted to Careem Rides in writing within three (3) business days after the completion of such Transportation Services. Absent such a notice, Careem Rides will not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Fare. For the avoidance of doubt, the receipts are not valid tax invoices unless specifically stated otherwise


    10. Taxes:

       

      You acknowledge and agree that you are required to: (i) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of Transportation Services as required by applicable law; and (ii) provide Careem Rides through the Careem Captain App or the Careem Platform with all relevant tax information (including your valid VAT number applicable by law). You further acknowledge and agree you are responsible for taxes on your own income arising from the performance of Transportation Services. Notwithstanding anything to the contrary in this Agreement, Careem Rides may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information you have provided pursuant to the foregoing requirements in this Clause 5.10 directly to the applicable governmental tax authorities or Users on your behalf. In the case of Transportation Services, you acknowledge and agree that you will pay any applicable taxes (excluding Careem Rides’ own taxes on its income) on the Service Fee charged to you by Careem. Furthermore, you acknowledge and agree that where Careem Rides is required to withhold any taxes on your income, whether on Fares paid by a User through cash, a payment card, the Careem Wallet, or other payment means other than cash, or on any amounts payable by Careem Rides to you, you will cooperate fully to enable Careem Rides to meet its withholding obligations, including remitting the required taxes to Careem.


    11. Different CCT:

       

      Careem Rides may make available in your Territory a different customer car type (“CCT”) which allows the Careem Captain and the User to negotiate the Fare directly through the Careem Platform. Careem Rides may suggest an initial Fare to the User taking into consideration a base fare plus the distance and time in journey estimated to be travelled using the location based services activated through the Careem Captain’s Device. You may negotiate a different amount with the User and the User can propose a higher or lower amount. Further, you are entitled to charge the User for any tolls, taxes or fees incurred during the provision of Transportation Services, if applicable, and such surcharges will be added in the final Fare. The Transportation Request will only be confirmed once the Careem Captain and the User have agreed on the final Fare through the Careem Platform. Once the Fare is agreed between the Careem Captain and the User through the Careem Platform, the Careem Captain will not be allowed to renegotiate the Fare. Using this product will not restrict you from using other CCTs available in your Territory. The Careem Captain may receive Transportation Services requests from Users on other CCTs even if they have received an offer from a User on the CCTproduct described here and, where this occurs, the Careem Captain can accept either Transportation Request. Other than as specifically relevant to the Fare calculation in respect of which the provision of this Section 5.11 will apply, all other provisions of this Agreement will apply to any Transportation Services provided by the Careem Captain through the CCT product described here.




  6. Disclaimers, Limitation of Liability and Indemnity


    1. Disclaimer:

        CAREEM RIDES PROVIDES, AND THE CAREEM CAPTAIN ACCEPTS, THE CAREEM RIDES SERVICES “AS IS” AND “AS AVAILABLE.” CAREEM RIDES AND ITS AFFILIATES DISCLAIM 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, CAREEM RIDES AND ITS AFFILIATES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE CAREEM RIDES SERVICES, CAREEM PLATFORM OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE CAREEM PLATFORM, OR THAT THE CAREEM RIDES SERVICES OR THE CAREEM PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER CAREEM RIDES NOR ITS AFFILIATES GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF USERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE CAREEM RIDES SERVICES, AND ANY SERVICE REQUESTED OR PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    2. Limitation of Liability:

        NEITHER CAREEM RIDES NOR ITS AFFILIATES SHALL 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 CAREEM PLATFORM OR PROVISION OF TRANSPORTATION SERVICES, EVEN IF CAREEM RIDES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER CAREEM RIDES NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE CAREEM PLATFORM OR PROVISION OF TRANSPORTATION SERVICES OR YOUR INABILITY TO ACCESS OR USE THE CAREEM PLATFORM OR CAREEM RIDES SERVICES OR PROVISION OF TRANSPORTATION SERVICES ; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF CAREEM RIDES AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER CAREEM RIDES NOR ITS AFFILIATES SHALL BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CAREEM RIDE’S REASONABLE CONTROL. IN NO EVENT SHALL CAREEM RIDE’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE TRANSPORTATION SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS.

      YOU AGREE THAT CAREEM RIDES HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED BY YOU TO USERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.


    3. Indemnity:

        The Careem Captain agrees to indemnify, defend (at Careem Rides’ option) and hold Careem Rides and its Affiliates and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, demands, losses, damages, penalties, social security contributions, liabilities, and expenses (including attorneys’ fees) and taxes arising out of or in connection with: (i) the Careem Captain use of the Careem Rides Services or Careem Platform or other services or goods provided through your use of the Careem Platform; (ii) your provision of Transportation Services; (iii) the Careem Captain’s breach or violation of any representation, warranties or obligations of this Agreement including the General Community Guidelines; or (iv) your violation of the rights of any third party, including Users.


  7. Dispute Resolution


    1. 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 Careem Rides Services (collectively, "Disputes") will be settled by binding arbitration between you and the relevant Careem Rides entity in your jurisdiction (as per Annex 1), or between you and local Careem Rides entity incorporated in your jurisdiction, except that each party retains the right to 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 (or of a party’s Affiliates and licensors’) copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Careem Rides 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 Careem (or a 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 Careem Rides and/or any of its Affiliates.

    2. Arbitration Process and Rules:

        Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Careem Platform, your provision of Transportation Services as applicable or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) will 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 will 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 will be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration will be in the city in which the applicable Careem Rides with which you have a Dispute has its registered office. The language of the mediation and/or arbitration will be English, unless you do not speak English, in which case the mediation and/or arbitration will 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, will remain strictly confidential and will 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.


  8. Privacy:

    Subject to all applicable laws, Careem Rides may provide to a third party any information (including personal data and/OR trip data) about Careem Captain or Transportation Services provided by Careem Captain under the Agreement if: (a) there is a complaint, dispute or conflict, including an accident, between Careem Captain and a User; (b) it is necessary to enforce the terms of the Agreement; (c) it is required, in Careem Rides or any Affiliate’s sole discretion, by applicable law or regulation; (d) it is necessary, in Careem Rides or any Affiliate’s sole discretion, to protect the safety, rights, property or security of Careem Rides, the Careem Rides Services or any third party; to detect, prevent or otherwise address fraud, security or technical issues; and/or to prevent or stop activity which Careem Rides or any of its Affiliates, in their sole discretion, consider to be, or to pose a risk of being, illegal, unethical or legally actionable; or (e) it is required or necessary, in Careem Rides’ or any its Affiliate’s sole discretion, for insurance or other purposes related to Careem Captain’s ability to qualify, or remain qualified, to use the Careem Rides Services. The Careem Captain understands that Careem Rides may retain Careem Captain’s personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated. Careem Networks FZ-LLC is the controller of your personal data in relation to solely the provision of ride hailing services, as specified in its Privacy Notice, and the data shall be processed in accordance with its Privacy Notice located here.



  9. Other Provisions


    1. Choice of Law:

        This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Careem Rides entity with whom you have contracted is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to such jurisdiction.

    2. Third Party Performance:

        Careem Rides may subcontract or otherwise engage Careem Technologies and/or any of Careem Technologies’ Affiliates for the provision of its obligations under this Agreement.

    3. Careem Captains Associated with Fleet Companies:

        In some territories, the Careem Captain is an individual who has either (a) entered into a separate oral or written contractual agreement with a Fleet Company to perform passenger carriage services for or on behalf of the Fleet Company or in connection with a vehicle lease or other arrangement; or (b) an employee of the Fleet Company who has entered into an employment agreement with the Fleet Company to perform passenger carriage services for the Fleet Company. The provisions of this Section 9.3 apply to such instances only and to Careem Captains associated with Fleet Companies only. The Careem Captain acknowledges and agrees that Careem Rides will remit the Careem Captain’s earnings from providing the Transportation Services (including Gratuities) to the Fleet Company unless instructed by the Fleet Company to remit directly to the Careem Captain on behalf of the Fleet Company. The Fleet Company and the Careem Captain (as applicable) shall be taxable persons in accordance with all applicable VAT, GST and indirect tax legislation and be responsible for all applicable taxes payable on such earnings remitted by Careem Rides. The Careem Rides Group shall have no liability whatsoever with respect to the Fleet Company’s dealings with the Careem Captain including where the Fleet Company does not remit the Careem Captain’s earnings to you. Further, the Careem Captain also acknowledges and agrees that Careem Rides is authorised to share with the Fleet Company any data relating to Trips or the Careem Captain data arising from or in connection with the Careem Captain’s access and/or use of the Careem Captain App or Careem Rides Services including but not limited to the Careem Captain’s provision of the Transportation Services with the Fleet Company. The parties expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship (including from a labour law, tax law or social security law perspective), between the Careem Rides Group and the Careem Captain or the Careem Rides Group and any Fleet Company; and (b) no joint venture, partnership, or agency relationship exists between the Careem Rides Group and the Fleet Company or the Careem Rides Group and any Careem Captain. Fleet Company shall have the sole responsibility for any obligations or liabilities to Careem Captains that arise from its relationship with its Careem Captains (including provision of Transportation Services).

    4. Notice:

        Careem Rides may give notice by means of a general notice on the Careem Platform, electronic mail to your email address in your Careem Captain App account, or by written communication sent to your address as set forth in your account. You may give notice to Careem Rides or its Affiliates by written communication submitted atlegal.rides@careem.com.

    5. General:

       

      You may not assign or transfer this Agreement in whole or in part without Careem Rides’ prior written approval. You hereby give your approval to Careem Rides for it to assign or transfer this Agreement in whole or in part, including to: (i) a subsidiary or Affiliate; (ii) an acquirer of Careem Ride’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Careem Rides, its Affiliates or any User as a result of the contract between you and Careem Rides or your use of the Careem 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 will 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 will not be affected. In that event, the parties will 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. In this Agreement, the words “including” and “include” mean “including, but not limited to.”

      Careem Rides may amend this Agreement unilaterally and in its sole discretion from time to time. Amendments will become effective upon notification of the updated version of this Agreement through the Careem Captain App. Your continued access or use of the Careem Rides Services after such posting constitutes your consent to be bound by this Agreement, as amended.




ANNEX 1

For trips taken in the Arabic Republic of Egypt, this Agreement establishes a contractual relationship between you and Car-eem Egypt for Smart Networks, a company established in Cairo, Egypt.

For trips taken in the Hashemite Kingdom of Jordan, this Agreement establishes a contractual relationship between you and Careem Networks Jordan PSC , a company established in Amman, Jordan.

For trips taken in the Islamic Republic of Pakistan, this Agreement establishes a contractual relationship between you and Careem Networks Pakistan (Pvt) Ltd , a company established in Karachi, Pakistan

For trips taken in the Kingdom of Bahrain, this Agreement establishes a contractual relationship between you and Careem Networks W.LL, a company established in Amwaj, Bahrain

For trips taken in the Kingdom of Saudi Arabia, this Agreement establishes a contractual relationship between you and Careem Transportation for Information Technology Ltd (One Person Company), a company established in Riyadh, KSA.

For trips taken in Baghdad, Republic of Iraq, this Agreement establishes a contractual relationship between you and Mishwar for Online Shopping Car Rental and Postal Services, a company established in Baghdad, Iraq.

For trips taken in the Kurdistan Region, Republic of Iraq, this Agreement establishes a contractual relationship between you and Aman Almishwar for Online Shopping, a company established in Kurdistan region, Iraq

For trips taken in the State of Kuwait, this Agreement establishes a contractual relationship between you and Careem Kuwait for Website Design and Management, Processing and Data Preservation; Providing services in the field of modern communications (SMS) SPC, a company established in Kuwait City, Kuwait.

For trips taken in the United Arab Emirates, this Agreement establishes a contractual relationship between you and Careem Networks FZ-LLC, a free zone limited liability company established in Dubai, United Arab Emirates.