Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE AUTOGO RIDE HAILING APPLICATION

1. General Provisions

1.1. These Terms of Use (Terms) constitute an offer of K2 – L.L.C – S.P.C, trading as AutoGo (Company), to a user (User) for the provision by the Company of a ride-hailing and autonomous vehicle taxi service to the User in the United Arab Emirates through the AutoGo ride hailing application (Service or App).

1.2. The use of the Service by the User is governed by these Terms and the privacy policy (Privacy Policy) available on the App (and also available upon request by contacting [email protected]) which shall be an integral part of these Terms and incorporated herein in full by way of reference.

1.3. By starting to use the Service or any of the App’s functions, the User is deemed to have accepted these Terms, in full, without any reservations and exceptions. If the User disagrees with any provision of the Terms or the Privacy Notice or wishes to withdraw their consent at any time by contacting customer support at [email protected], the User shall not use or shall cease further use of the Service as applicable.

1.4. The Service enables the User to place information on the User’s potential demand for transportation services via autonomous vehicle taxi, and search for such offers using parameters set by the User. Any developments and/or newly added functions to the Service are subject to these Terms.

1.5. All conversations held by the User with the Company’s support team may be recorded to control quality and improve the Service.

2. Service

User Account and Licence

2.1. In order to access and use the Service, the User must register for and maintain an active personal user account on the App (Account). A User must be over the age of 18 to create an Account. The Service enables the User, through their Account, to arrange and schedule transportation services using autonomous vehicle taxis. The Service is provided to the User for personal non-commercial use.

2.2 By creating an Account and subject to the User’s compliance with these Terms, the Company grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to: (i) access and use the Service on the User’s personal device solely in connection with the use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal and non-commercial use.

User Requirements and Conduct

2.3. The Service is not available for use by: (i) persons under the age of 18 unless accompanied by a User over the age of 18; or (ii) persons accompanied by pets.

2.4. The User is responsible for ensuring they have no pre-existing medical condition prohibiting them from safely using the Service. If the User is receiving any medical treatment, the User should consult their physician before using the Service.

2.5. The User is responsible for securing and monitoring any personal items that are placed in the autonomous vehicle taxi.

2.6. The User agrees to: (i) fasten their seat belt when using the Service; (ii) refrain from tampering with the operation of the autonomous vehicle taxi or otherwise endangering the safe operation of the autonomous vehicle taxi; and (iii) refrain from the consumption of any food and/or drink when using the Service.

2.7. The User agrees to comply with all applicable laws when using the Service, and the User may only use the Service for lawful purposes and shall not engage in any prohibited or illegal activities while using the Service including but not limited to sexual acts, drinking alcohol, smoking or carrying any kind of drugs of narcotics. The User shall not use the Service to cause nuisance, annoyance, inconvenience, or property damage to the Company or any other party. Users will be solely responsible for any such prohibited and/or illegal acts.

3. Charges and Payment

3.1. The User understands and agrees that use of the Service shall result in charges to be paid to the Company (Charges). All Charges are due immediately and payment will be facilitated by the Company via the App using the preferred payment method designated in the User’s Account, after which the Company will send the User a receipt by email. If the User’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company via the App may use a secondary payment method in the User’s Account, if available.

3.4 The User’s payments shall be made with an authorized payment processor or electronic money processor and shall be subject to applicable laws in the UAE, the rules of international payment systems and the policies of the bank that issued the User’s relevant bank card.

3.5. The User pre-authorizes the Company to temporarily hold an estimated amount on the User’s payment method while booking a Service to make sure there is sufficient balance. The User understands that the amount held is an estimate of the booking charges and is not an actual charge for use of the Service. Any portion of such pre-authorized amount which is not applied towards the payment of Charges will then be made available to the User. The Company shall have no liability whatsoever in respect of payment pre-authorizations.

3.6. The Company may charge the User a mandatory fee as required by applicable laws, regulations and/or relevant authority in the United Arab Emirates, in each case with such mandatory fee being charged to the benefit of such authority. No discount shall apply to such mandatory fee.

3.7. The User shall be responsible for the cost of repair for damage to, or necessary cleaning of, the relevant autonomous vehicle taxi and any other Company property resulting from use of the Service under the User’s Account in excess of normal “wear and tear” (Repair or Cleaning). In the event the Company deems the necessity for such Repair or Cleaning, the Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using the payment method designated in the User’s Account.

4. Refunds and cancellations

4.1. The User won’t be charged where:

the User cancels within the time indicated on the launch page when booking a ride;
a driver and / or autonomous vehicle taxi (as applicable) cancels the ride; or
a ride does not start or fails due to an App issue.

4.2. Cancellation fees

Cancellation of a ride by the User after an autonomous vehicle taxi is on the way may result in a small cancellation fee.
If the autonomous vehicle taxi arrives and the User does not show, a no-show fee may apply.

4.3. Ride issues

The User may get a full or partial refund if:

the autonomous vehicle taxi does not arrive;
the ride ends early due to an App problem; or
the User is charged incorrectly,

in each case at the discretion of the Company.

4.4. App issues

Should the User be charged:

during App outages;
due to connection issues; or
cdue to payment errors,

the Company shall review the issue and refund any charges at its discretion.

4.5. Refunds

Refunds (where applicable) will be issued to the User’s original payment method or as ride credits at the Company’s discretion.
Any refunds applied to the User’s original payment method may take a few days to appear, depending on the User’s bank.

5. Disclaimer, Limitation of Liability and Indemnity

Disclaimer

5.1. The Service is provided “as is” and “as available.” The Company disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Service, or that the Service will be uninterrupted or error-free. The User agrees that the entire risk arising out of the use of the Service, and any service or good requested in connection therewith, remains solely with the User, to the maximum extent permitted under applicable law.

Limitation of Liability

5.2. The Company’s liability for the death or physical injury of the User resulting from the use of the Service shall be determined in accordance with Article 339 of Federal Decree Law No. 50/2022 Issuing the Commercial Transactions Law.

5.3. The Company shall not be liable to the User 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 Service, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for any damages, liability or losses arising out of the User’s use of or reliance on the Service or the User’s inability to access or use the Service. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. In no event shall the Company’s total liability to the User in connection with the Service for all damages, losses and causes of action exceed AED1800.

5.4. The limitations and disclaimer in this section 4 of the Terms do not purport to limit liability or alter the User’s rights as a consumer that cannot be excluded under applicable
law.

Indemnity

5.5. The User agrees to indemnify and hold the Company 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) the User’s use of the Service or services obtained through the User’s use of the Service; or (ii) the User’s breach or violation of any of these Terms.

6. Governing Law and Jurisdiction

5.1. These Terms and any non-contractual obligations arising out of or in connection with the Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applicable in the Emirate of Abu Dhabi.

6.2. Any dispute, difference, controversy or claim arising out of or in connection with these Terms, including (but not limited to) any question regarding their existence, validity, interpretation, performance, discharge and applicable remedies, shall be referred to and finally resolved by arbitration in accordance with the Rules of Arbitration of the Abu Dhabi International Arbitration Centre (the Rules). The Emergency Arbitrator provisions as prescribed in Article 35 of the Rules shall not apply. The Expedited Proceedings provisions as prescribed in Article 36 of the Rules shall not apply. The number of arbitrators shall be one. The seat of arbitration shall be the Abu Dhabi Global Market. The language of the arbitration shall be English.

7. Amendment, Restatement and Termination

7.1. Each of the Terms and the Privacy Policy may be amended or restated by the Company from time to time. Each of the Terms and the Privacy Policy shall become effective upon their respective publication on the App. The User’s continued access or use of the Service shall be deemed as constituting the User’s consent to be bound by the relevant amended or restated version of the Terms and/or the Privacy Policy.

7.2. The Company may without notice immediately terminate these Terms, the Privacy Policy or the Service with respect to the User or generally cease offering or denying the User access to the Service or any portion thereof, at its convenience at any time for any reason.

8. Other Provisions

Text Messaging

8.1. By creating an Account and availing of the Service, the User agrees to receive communications from the Company, including via e-mail, text message, calls, and push notifications. The User agrees that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Such communications from the Company may include, but are not limited to: operational communications concerning the User’s Account and the Services; updates concerning new and existing features on the App; communications concerning promotions run by the Company or its third-party partners; and news concerning the Company and industry developments. Standard text messaging charges applied by the User’s cell phone carrier will apply to text messages the Company sends. If the User no longer wishes to receive promotional or marketing-related communications by text message, please contact [email protected].

User Provided Content

8.2. The Company may, in its sole discretion, permit the User from time to time to submit, upload, publish or otherwise make available to the Company through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (User Content). Any User Content provided by the User remains the User’s property. However, by providing User Content to the Company, the User provides the Company a worldwide, perpetual, irrevocable, transferrable, royalty free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to the User or any other person or entity.

Network Access and Devices

8.3. The User is responsible for obtaining the data network access necessary to use the Service. The User’s mobile network data and messaging rates and fees may apply if the User accesses or uses the Services from a wireless-enabled device and the User shall be responsible for such rates and fees. The User is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service. The Company does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Notices

8.4. The Company may give notice by means of a general notice on the Service, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. The User may give notice to the Company by written communication to the Company’s address as set out in Section 8.

Assignment and Subcontracting

8.5. The User may not assign or transfer these Terms in whole or in part without the Company’s prior written approval. The User gives approval to the Company for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between the User and the Company as a result of the contract between the User and the Company or use of the Service.

8.6. The Company may subcontract or otherwise engage any of the Company’s affiliates for the provision of its obligations under these Terms. Such engagement shall always be in line with the Company’s Privacy Policy.

9. Details of the Company

K2 – L.L.C – S.P.C, trading as AutoGo
Address: Nation Towers, 31st Floor, Corniche Road, Abu Dhabi, UAE
E-mail: [email protected]
Website: www.k2.world