1. CONTRACT

 

These terms of service constitute a legally binding agreement (the “Agreement”) between you and the services provided by L1 Solution a Private Limited Company., established in Pakistan, having its registered office at Office # 301, 3rd Floor, VIP Block, Haroon Royal City, Phase-III, Block – 17, Gulistan-e-Johar.

Welcome to the “GABITT” the service provided by “L1 Solution Private Limited Company” (“Gabitt”) web site (“Web Site”). Before accessing the useful services offered by the L1 Solution Private Limited Company here, please ensure that you understand the terms and conditions of our relationship by reading this important information.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Gabitt services (“Services”) “Gabitt”. If you do not agree to these Terms, you may not access or use the Services. In addition to these Terms of Service, you agree to the collection and use of your personal information as provided in our Privacy Policy. These Terms expressly supersede prior agreements or arrangements if any with you. Gabitt may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. By continuing to this Web Site, you agree to be bound by any such revisions and should therefore periodically visit and print the latest version of the Terms of Service for your record.

 

2. THE GABITT PLATFORM

 

 The services constitute a technology platform that enables users of Gabitt’s mobile applications or websites provided as part of the services (each, an “Application”) to arrange and schedule service Providers with independent third-party providers of such services.

The Gabitt Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services, e-payment services, and/or logistics services (“Services”) can be matched with persons, including drivers) “Gaptains” who can provide the Services. Each user shall create a user account that enables access to the GABITT Platform. Any decision by a user to make use of or accept services is a decision made in such user’s sole discretion. Each service provided by a Gaptain or other third-party provider to a user shall constitute a separate agreement between such persons.

 

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

 

LICENSE

 

Subject to your compliance with these Terms, Gabitt’s grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to:

Access and use the Applications on your personal device solely in connection with your use of the services; and

Access and use any content, information and related materials that may be made available through the services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Gabitt’s and Gabitt’s licensors.

 

GABITT PLATFORM OWNERSHIP

 

 The services and all rights therein are and shall remain Gabitt’s property or the property of Gabitt’s licensors. Neither these Terms nor your use of the services convey or grant to you any rights:

• In or related to the services except for the limited license granted above; or
• To use or reference in any manner Gabitt’s company names, logos, product and service names, trademarks or services marks or those of Gabitt’s licensors.

 

PROVISION OF THE SERVICES

 

You acknowledge that portions of the services may be made available under Gabitt’s various brands or request options, including transportation request brands, the logistic request brands and the e-wallet brand.

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

 

THIRD PARTY SERVICES AND CONTENT 

 

The services may be made available or accessed in connection with third party services and content (including advertising) that Gabitt does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Gabitt does not endorse such third-party services and content and in no event shall Gabitt be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the services using Applications developed for Apple IOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the services in any manner. Your access to the services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

 

RESTRICTIONS 

 

You may not:

• Remove any copyright, trademark or other proprietary notices from any portion of the Services;
• reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by L1 Solution;
• decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
• link to, mirror or frame any portion of the Services;
• cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
• attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

3. GABITT PLATFORM USAGE

 

REGISTER WITH GABITT AS A DRIVER AND / OR PASSENGER

 

In order to use most aspects of the services, you must register in Gabitt for a “Passenger” or a “Driver”, and maintain an active personal user services account (“Account”).

If you registered as a driver Drivers (referred by the company as Gaptains) through its Gabitt App, you will be paying a monthly franchise fee. To become a part of Gabitt you must be at least 18 years of age and have valid driving license. Account registration requires you to submit to Gabitt certain personal information, such as your name, address, e-mail, mobile number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method or any expired document on file, may result in your inability to access and use the services with Gabitt’s termination of these Terms with you. You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Gabitt in writing, you may only possess one account.

 

USER REQUIREMENTS AND CONDUCT

 

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your account, and you may not allow persons under the age of 18 to receive transportation or logistics services from third-party Providers unless they are accompanied by you. You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 

4. GABITT REFERRAL PROGRAME AND VOCO (VOUCHER) CODE 

 

Gabitt may, in Gabitt sole discretion, create VOCO (Voucher Code) (Promotional/Voucher Codes referred by the company as VOCO CODES) through its Gabitt App, that may be redeemed for account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Gabitt establishes on a per VOCO (Voucher Code) basis (“VOCO Codes”). You agree that VOCO Codes:

• must be used for the intended audience and purpose, and in a lawful manner;
• may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Gabitt;
• may be disabled by Gabitt at any time for any reason without liability to Gabitt;
• may only be used pursuant to the specific terms that Gabitt establishes for such VOCO Code;
• are not valid for cash; and
• may expire prior to your use. Gabitt reserves the right to withhold or deduct credits or other features or benefits obtained through the use of VOCO Codes by you or any other user in the event that Gabitt determines or believes that the use or redemption of the VOCO Code was in error, fraudulent, illegal, or in violation of the applicable VOCO Code terms or these Terms.

As a GABTAIN, you will be able to build your own Gabitt team, by Register your friends, family and other persons you know to become new users (“Referred User”) or Gaptain (“Referred Gaptain). With your (“Referrals Code”) provided by the Gabitt and earn extra Percentage. In addition to this you may also earn some percentage by your referral’s registration fees. (This additional benefit is only for the limited referrals)

As between you and Gabitt, Gabitt reserves the right to establish, remove and/or revise Gabitt Percentage at any time in Gabitt’s sole discretion. Percentage may also be varied or revised at any time without your consent.

 

5. Communication Medium

 

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

 

NETWORK ACCESS AND DEVICES

 

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Gabitt does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

6. Payments and Charges

 

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

After you have received Services from a Gabtain or other independent third-party provider, Gabitt:

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

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

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

Gabitt for four types of vehicle categories for their customer;

Eco:                 These are AC cars with low budget. Ride starts from Rs. 85/-

Eco Plus:       These are economical AC cars for daily commute. Ride starts from Rs. 160/-

Bizness:         These are luxury cars. Ride starts from Rs. 180/-

Eco-Fam:      Hi-Roof non-AC vans for low budget family travel. Ride starts from Rs.  140/-

Family:          These are AC family vans. Ride starts from Rs. 160/-

 

7.  REPAIR AND CLEANING FEE

 

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

 

8. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

 

DISCLAIMER

 

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” L1 SOLUTION / GABITT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, L1 Solutions MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. L1 Solutions DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

LIMITATION OF LIABILITY

 

L1 Solutions SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF L1 Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. L1 Solutions` SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF L1 Solutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. L1 Solutions SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND L1 Solutions’s REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDE SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL L1 Solutions TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION L1 Solution SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT L1 Solution HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

INDEMNITY

 

 You agree to indemnify and hold L1 Solutions and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) L1 Solutions’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

9. GOVERNING LAW; ARBITRATION

 

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Pakistan. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Pakistani law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Pakistani laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act in vogue. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Karachi (Pakistan). The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

 

10. OTHER PROVISIONS 

 

CLAIMS OF COPYRIGHT INFRINGEMENT

 

Claims of copyright infringement should be sent to L1 Solution designated agent. Please visit Gabitt web page for the designated address and additional information. NOTICE. L1 Solution may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to L1 Solution by written communication to L1 Solution address as mentioned above.

 

GENERAL

 

You may not assign or transfer your rights under this Agreement in whole or in part without L1 Solution’s prior written approval. You give your approval to L1 Solution for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of L1 Solution’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, L1 Solution or any Gaptain as a result of the contract between you and L1 Solution’s service “Gabitt Platform”.

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

 

11. INSURANCE PROVIDED TO “GABTAIN” BY THIRD PARTY

 

1 Rupee will be deducted from Gabtain’s (DRIVER) each ride for Insurance and in this scenario “Gabitt” will act as a “Middle Man” in between insurance providing company and the Gabtain.

By accepting this, you as ‘Gabtain” allow L1 Solution (Pvt.) Ltd. / Gabitt to deduct Rs.1/-from each ride from your earning share, and pay to third party (insurance providing Company).

 

Disclaimer:

 

Gabitt is only a Distributor of this product and does not offer Takaful / Insurance advice, nor does it underwrite or issue policies. Takaful / Insurance products are underwritten by third party Takaful / Insurance Providers. This product is designed and offered by Pak Qatar General Takaful Limited. Gabitt shall not be responsible for Takaful Operator’s actions or decisions, nor shall be liable regarding payment of claims or services under the policy document or in any manner whatsoever regarding this coverage or the contract of Takaful / Insurance.

 

YOU ALSO ACKNOWLEDGE THAT,

The Word “Share “Or “Partnership” used in these “Terms and Conditions” or in any documentation provided by the company or verbally only means you are sharing or having partnership only with the certain percentage of your Referrals Income As Mentioned above & does not show any link with the company’s “Gabitt” or “L1 Solution” share or any partnership with the company Etc.