Last updated: November 20, 2018
Your access to and use of the GoCity Platform is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the GoCity Platform.
By accessing or using the GoCity Platform you agree to be bound and accept these Terms. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU MAY NOT USE OR ACCESS THE GOCITY PLATFORM.
The GoCity Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the GoCity Platform. Each person may only create one User account, and GoCity reserves the right to shut down any additional accounts. As a User, you authorize GoCity to match you with a Driver or Rider based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
In the event GoCity modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. GoCity reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the GoCity Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The GoCity Platform may only be used by individuals who can form legally binding contracts under applicable law. The GoCity Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on GoCity Rates page in GoCity mobile application. GoCity has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to its Rates page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., Economy, Premium) as described on your GoCity Rates page. You are responsible for reviewing the applicable GoCity Rates page or price quote within the GoCity app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted:
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Quoted Fares. In some cases GoCity may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the GoCity Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. GoCity does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
Fees and Other Charges:
Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable GoCity Rates page.
Surge Price. At times of high demand for Services (“Surge Price”) you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Surge Price multipliers in effect at the time of your request. For quoted fares we may factor in the Surge Price multiplier into the quoted price of the ride.
Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.
The cancel fees may be charged for cancelling a ride when the following occur:
A flat fee of KD 0.500 (500 fils) is applicable if 5 minutes or more pass since your ride booking time.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to KD200 depending on the extent of the damage (as determined by GoCity in its sole discretion), towards vehicle repair or cleaning. GoCity reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, event fees as determined by GoCity or its marketing partners, and processing fees for payments. In addition, where required by law GoCity will collect applicable taxes. See your GoCity Rates page for details on other Charges that may apply to your ride.
Tips. Following a ride, you may elect to tip your Driver in cash. Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., KNET, Mastercard, or VISA). GoCity may replace its third-party payment processing services without notice to you. Charges shall only be made in Cash or through the GoCity Platform. Payment of charges for GoCity Van is in advance for a new subscription or its renewal. Failure to pay charges in advance may result in non-provision of services and termination of agreement and may be resumed upon payment of outstanding charges. This is solely at the discretion of GoCity. Your payment of Charges to GoCity satisfies your payment obligation for your use of the GoCity Platform and Services.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the GoCity Platform, any disruption to the GoCity Platform or Services, or any other reason whatsoever.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the GoCity Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, GoCity may deduct the amount attributable to the Service Fee, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the GoCity App.
Credit Card Authorization. Upon addition of a new payment method or each ride request, GoCity may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver Addendum, which shall form part of this Agreement between you and GoCity. The Driver Addendum is available in the Driver dashboard when you log into your account
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from GoCity, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the GoCity Platform or Services, updates concerning new and existing features on the GoCity Platform, communications concerning promotions run by us or our third-party partners, and news concerning GoCity and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
You may be able to create or log-in to your GoCity User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to GoCity through an SNS Account, you understand that GoCity may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the GoCity Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
GoCity, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with GoCity. GoCity reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that GoCity 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.
As part of your User account, GoCity may provide you with or allow you to create a “GoCity Code,” a unique alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new GoCity Riders (“Referred Riders”) or Drivers (“Referred Drivers”) in your country. GoCity Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your GoCity Code. You are prohibited from advertising GoCity Codes in any way, including through any of the following: Google, Facebook, Instagram, Twitter, Bing, 4sale and Craigslist. GoCity reserves the right to deactivate or invalidate any GoCity Code at any time in GoCity’s discretion.
From time to time, GoCity may offer you with incentives to refer your friends and family to become new Users of the GoCity Platform in your country (the “Referral Program”). These incentives may come in the form of GoCity Credits, and GoCity may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of GoCity Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the GoCity Platform and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry contraband, alcohol or any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the GoCity Platform or the servers or networks connected to the GoCity Platform;
post Information or interact on the GoCity Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the GoCity Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
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;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the GoCity Platform;
“frame” or “mirror” any part of the GoCity 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;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the GoCity Platform or any software used on or for the GoCity Platform;
rent, lease, lend, sell, redistribute, license or sublicense the GoCity Platform or access to any portion of the GoCity Platform;
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 GoCity Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party
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, or
cause any third party to engage in the restricted activities above.
By providing Services as a Driver on the GoCity Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the GoCity community or third parties.
You will only provide Services using the vehicle that has been reported to, and approved by GoCity, and for which a photograph has been provided to GoCity, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a KNET Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud GoCity or Riders on the GoCity Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
You will pay all applicable local taxes based on your provision of Services and any payments received by you.
All intellectual property rights in the GoCity Platform shall be owned by GoCity absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the GoCity Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of GoCity. GoCity shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
GOCITY and other GoCity logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of GoCity in KUWAIT and/or other countries (collectively, the “GoCity Marks”). If you provide Services as a Driver, GoCity grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the GoCity Marks solely in connection with providing the Services through the GoCity Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without GoCity’s prior written permission, which it may withhold in its sole discretion. The GoCity Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that GoCity is the owner and licensor of the GoCity Marks, including all goodwill associated therewith, and that your use of the GoCity Marks will confer no additional interest in or ownership of the GoCity Marks in you but rather inures to the benefit of GoCity. You agree to use the GoCity Marks strictly in accordance with GoCity’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that GoCity determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the GoCity Marks or any derivatives of the GoCity Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by GoCity in writing; (2) use the GoCity Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the GoCity Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair GoCity’s rights as owner of the GoCity Marks or the legality and/or enforceability of the GoCity Marks, including, challenging or opposing GoCity’s ownership in the GoCity Marks; (4) apply for trademark registration or renewal of trademark registration of any of the GoCity Marks, any derivative of the GoCity Marks, any combination of the GoCity Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the GoCity Marks; (5) use the GoCity Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in GoCity’s sole discretion. If you create any materials bearing the GoCity Marks (in violation of this Agreement or otherwise), you agree that upon their creation GoCity exclusively owns all right, title and interest in and to such materials, including any modifications to the GoCity Marks or derivative works based on the GoCity Marks. You further agree to assign any interest or right you may have in such materials to GoCity, and to provide information and execute any documents as reasonably requested by GoCity to enable GoCity to formalize such assignment.
The following disclaimers are made on behalf of GoCity, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
GoCity Cab does not provide transportation services, and GoCity Cab is not a transportation carrier. GoCity Cab is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the GoCity Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the GoCity Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The GoCity Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the GoCity Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of the GoCity Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the GoCity Platform will be corrected, or that the GoCity Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the GoCity Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the GoCity Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the GoCity Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
GoCity is not responsible for the conduct, whether online or offline, of any User of the GoCity Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the GoCity Platform and participating in the Services, you agree to accept such risks and agree that GoCity is not responsible for the acts or omissions of Users on the GoCity Platform or participating in the Services.
You are responsible for the use of your User account and GoCity expressly disclaims 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.
It is possible for others to obtain information about you that you provide, publish or post to or through the GoCity Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the GoCity Platform or through the Services. Please carefully select the type of information that you post on the GoCity Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning GoCity or made available through the GoCity Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the GoCity Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the GoCity Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the GoCity 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 GoCity, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the GoCity Platform. Any of your Information, including geolocational data, you upload, provide, or post on the GoCity Platform may be accessible to GoCity and certain Users of the GoCity Platform.
GoCity advises you to use the GoCity Platform with a data plan with unlimited or very high data usage limits, and GoCity shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the GoCity Platform.
This paragraph applies to any version of the GoCity Platform that you acquire from the Apple App Store. This Agreement is entered into between you and GoCity. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the GoCity Platform. GoCity, not Apple, is solely responsible for the GoCity Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold GoCity including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, board of directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the GoCity Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the GoCity Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
IN NO EVENT WILL GOCITY, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “GOCITY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE GOCITY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE GOCITY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE GOCITY PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT GOCITY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to GoCity; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, GoCity may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below GoCity’s star rating or cancellation threshold; (3) GoCity has the good faith belief that such action is necessary to protect the safety of the GoCity community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to GoCity’s reasonable satisfaction prior to GoCity permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to GoCity’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12 and 13-17 shall survive any termination or expiration of this Agreement.
These Terms shall be governed and construed in accordance with the laws of Kuwait, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to GoCity’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by GoCity for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of GoCity in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to GoCity with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by GoCity or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of GoCity; becomes known to you, without restriction, from a source other than GoCity without breach of this Agreement by you and otherwise not in violation of GoCity’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to GoCity to enable GoCity to seek a protective order or otherwise prevent or restrict such disclosure.
As a Driver on the GoCity Platform, you acknowledge and agree that you and GoCity are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and GoCity expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and GoCity; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind GoCity, and you undertake not to hold yourself out as an employee, agent or authorized representative of GoCity.
GoCity does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the GoCity Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the GoCity Platform, or to cancel an accepted request for Services via the GoCity Platform, subject to GoCity’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, GoCity shall have no right to require you to: (a) display GoCity’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying GoCity’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.