TERMS & CONDITIONS
These terms and conditions ("User Terms") apply to your visit to and your use of our
website at eRider (the "Website"), the Service and the Application (as defined below), as
well as to all information, recommendations and/or services provided to you on or through
the Website, the Service and the Application.
PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR
APPLICATION AND/OR USING OUR SERVICE.
Your contracting partner is eRider (eRider Pakistan Pvt. Ltd.), a private limited company
registered and regulated under Pakistann Companies Act 2013 in the Pakistan, having
its office at 508, Park Avenue, Shahra-e-Faisal, Karachi.
WHAT SERVICES DOES ERIDER PROVIDE?
eRider offers information and a means to obtain fastest and economic express delivery
services offered by third party Individuals, (the "The Rider "), which may be requested
through the use of an application (web or mobile) supplied by eRider and downloaded and
installed by you on your single mobile device (smart phone) (the "Application"). All services
provided by eRider to you by means of your use of the Application are hereafter referred to
as the "Service".
ERIDER AND YOU?
By using the Application or the Service, you enter into a contract with eRider (the
"Contract"). In order to be able to use the Application or Service, you first need to verify,
sign up with eRider. When booking a shipment or asking to deliver a shipment or signing
up(upcoming), you are obligated to provide eRider with your personal information, mobile or
telephone number data. Upon successful completion of your signing up with eRider, eRider
will provide you with a personal account or booking or delivery details, accessible for you
with a password or via email communication of your choice.
You have to be 18 years of age or older to use the Service or Application. If you reside in a
jurisdiction that restricts the use of the Service or Application because of age, or restricts the
ability to enter into contracts such as this one due to age, you must abide by such age limits
and you must not use the Service and the Application. You represent that if you are an
individual, you are of legal age to enter into a binding contract, or that if you are registering
on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these
User Terms and register for the Service and the Application.
HOW TO USE THE SERVICE AND THE APPLICATION
The Application allows you to book or schedule a pick of your shipment. The third party
Rider has sole and complete discretion to accept or reject each request for express delivery
service. If the Rider accepts a request, eRider will notify you by any means of
communication available i.e. Phone, Email, Web or Application and provides information
regarding the Rider - including its name, vehicle license number, and customer service
rating - and the ability to contact the Rider by telephone.
eRider shall procure reasonable efforts to bring you into contact with a Rider in order to
obtain transportation services, subject to the availability of Rider in or around your location
at the moment of your request for Pickup or Delivery Services.
For the avoidance of doubt: eRider itself does not provide transportation/logistics or
express delivery services, and eRider is not a Logistic carrier. It is up to the Rider to offer
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transportation services, which may be requested through the use of the Web & Application
and/or the Service. eRider only acts as intermediary between you and the Rider. The
provision of the express delivery services by the Rider to you is therefore subject to the
agreement (to be) entered into between you and the Rider. eRider shall never be a party to
such agreement.
YOUR USE OF THE WEB & APPLICATION OR THE SERVICE
You warrant that the information you provide to eRider is accurate and complete. eRider is
entitled at all times to verify the information that you have provided and to refuse the Service
or use of the Application without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check
to ensure you download the correct Application for your device. eRider is not liable if you do
not have a compatible mobile device or if you download the wrong version of the Application
for your mobile device or login to a different web application other than eRider official
webpage. eRider reserves the right to terminate the Service and the use of the Application
should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you further agree that:
1. You will only use the Service or download the Application for your sole, personal use
and will not resell it to a third party;
2. You will not authorize others to use your account;
3. You will not assign or otherwise transfer your account to any other person or legal
entity;
4. You will not use an account that is subject to any rights of a person other than you
without appropriate authorization;
5. You will not use the Service or Application for unlawful purposes, including but not
limited to sending or storing any unlawful material or for fraudulent purposes;
6. You will not use the Service or Application to cause nuisance, annoyance or
inconvenience;
7. You will not impair the proper operation of the network;
8. You will not try to harm the Service or Application in any way whatsoever;
9. You will not copy, or distribute the Application or other eRider Content without written
permission from eRider;
10. You will keep secure and confidential your account password or any identification we
provide you which allows access to the Service and the Application;
11. You will provide us with whatever proof of identity we may reasonably request;
12. You will only use an access point or 2G,3G,4G data account (AP) which you are
authorized to use;
13. You are aware that when requesting express delivery services by SMS (if available in
your jurisdiction), standard messaging charges will apply;
14. You will not use the Service or Application with an incompatible or unauthorized
device;
15. You will comply with all applicable law from your home nation, the country, state
and/or city in which you are present while using the Application or Service.
eRider reserves the right to immediately terminate the Service and the use of the
Application should you not comply with any of the above rules.
PAYMENT
The use of the Application and the Service is free of charge. eRider reserves the right to
introduce a fee for the use of the Application and/or the Service. If eRider decides to
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introduce such a fee, eRider shall inform you accordingly and allow you to either continue or
terminate the Contract.
The rates that apply for the express delivery services by the Riders can be found on the
Website and through the Application or may be conveyed by the Phone. These may be
modified or updated by eRider from time to time. It is your own responsibility to remain
informed about the current rates for the delivery services.
eRider shall charge you for the delivery services provided to you by the Rider on behalf of
the Rider. You agree that you will pay for all shipment/logistics/express delivery services
you purchase from the Rider, and that eRider may legitimately bill/ask for/charge your credit
card/Debit Card and Bank Account as provided by you when booking a shipment or
requesting for the Service for the express delivery services (including any taxes and late
fees, as applicable) that may be accrued by or in connection with your account. You are
responsible for the timely payment of all fees and for providing eRider with a valid credit
card/debit card and bank account for payment of all fees at all times. Any payment made is
non-refundable. eRider uses a third-party payment processor (the "Payment Processor") to
link your credit card account to the Application and Service. The processing of payments or
credits, as applicable, in connection with your use of the Application and Service will be
subject to the terms, conditions and privacy policies of the Payment Processor and your
credit card issuer in addition to these User Terms. eRider is not responsible for any errors
by the Payment Processor. In connection with your use of the Services, eRider will obtain
certain transaction details, which eRider will use solely in accordance with its Privacy and
Cookie Notice.
INDEMNIFICATION
By accepting these User Terms and using the Application or Service, you agree that you
shall defend, indemnify and hold eRider, its affiliates, its licensors, and each of their officers,
directors, other users, employees, attorneys and agents harmless from and against any and
all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and
costs) arising out of or in connection with:
a. your violation or breach of any term of these User Terms or any applicable law
or regulation, whether or not referenced herein;
b. your violation of any rights of any third party, including Riders arranged via the
Application, or
c. your use or misuse of the Application or Service.
LIABILITY
The information, recommendations and/or services provided to you on or through the
Website, the Service and the Application is for general information purposes only and does
not constitute advice. eRider will reasonably keep the Website and the Application and its
contents correct and up to date but does not guarantee that (the contents of) the Website
and/or Application are free of errors, defects, malware and viruses or that the Website
and/or Application are correct, up to date and accurate.
eRider shall not be liable for any damages resulting from the use of (or inability to use) the
Website or Application (but to the exclusion of death or personal injury), including damages
caused by malware, viruses or any incorrectness or incompleteness of the Information or
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the Website or Application, unless such damage is the result of any wilful misconduct or
from gross negligence on the part of eRider.
eRider shall further not be liable for damages resulting from the use of (or the inability to
use) electronic means of communication with the Website or the Application, including
but not limited to damages resulting from failure or delay in delivery of electronic
communications, interception or manipulation of electronic communications by third parties
or by computer programs used for electronic communications and transmission of viruses.
Notwithstanding the above, to the extent permitted by applicable law, you agree that in no
event shall eRider's total liability for any damages (direct or otherwise) or loss regardless of
the form of action or claim, whether in contract, tort or otherwise, exceed PKR100/-(Rupees
One Hundred only) for domestic consignments and US$100 (United States Dollar One
Hundred only) for international consignments (outside Pakistan). To the extent permitted by
law, the remedies stated for you in these terms and conditions are exclusive and are limited
to those expressly provided for in these terms and conditions.
The quality of the delivery services requested through the use of the Application or the
Service is entirely the responsibility of the Rider who ultimately provides such pickup &
delivery services to you. eRider under no circumstance accepts liability in connection with
and/or arising from the express delivery services provided by the Rider or any acts, actions,
behavior, conduct, and/or negligence on the part of the Rider. Any complaints about the
logistics services provided by the Rider should therefore be submitted to the Rider.
LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY
For the purpose of this User Term, the following definitions apply:
"Content" means all content featured or displayed, including, but not limited to, logos, icons,
trademarks, text, graphics text, graphics, photographs, images, moving images, sound,
illustrations, music, software (excluding the Application), opinions, remarks, comments,
artwork, links, questions, suggestions, information or other materials.
"eRider Content" means Content owned or used by eRider, its affiliates or licensors and
made available through the Website, Service or Application, including any Content licensed
from a third party, but excluding User Content.
"User/Sender" means a person who accesses or uses the Service or Application.
"User/Sender Content" means Content that a User posts, uploads, publishes, submits or
transmits to be made available on the Website or through the Service or Application.
"Collective Content" means, collectively, eRider Content and User Content.
Subject to your compliance with these User Terms, eRider grants you a limited, non-
exclusive, non-transferable license:
1. To view, download and print any eRider Content solely for your personal and non-
commercial purposes; and
2. To view any User Content to which you are permitted access solely for your personal
and non-commercial purposes.
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You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell,
transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or
otherwise exploit the Website, Service, Application or Collective Content, except as
expressly permitted in these User Terms. You may not reuse any Collective Content without
first obtaining the written consent of eRider. No licenses or rights are granted to you by
implication or otherwise under any intellectual property rights owned or controlled by eRider
or its licensors, except for the licenses and rights expressly granted in these User Terms.
LICENSE GRANTED BY USER
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit
User Content on the Website or through the Service or Application. User Content will be
deemed non-confidential and non-proprietary. Accordingly, eRider shall have the non-
exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User
Content for any purpose, in any medium and throughout the world ("License Grant").
You acknowledge that eRider only acts as a passive conduit for the distribution of the User
Content and is not responsible or liable to you or to any third party for the content or
accuracy of the User Content. eRider shall not be continuously monitoring User Content
published by you or moderating between Users, nor shall eRider be under an obligation to
do so. Without limiting the foregoing, you acknowledge and agree that any remarks,
opinions, comments, suggestions and other information expressed or included in the User
Content do not necessarily represent those of eRider.
Any use by you of the User Content is entirely at your own risk. You represent and warrant
that any User Content posted or transmitted by you is original to you and does not copy the
work of any third party or otherwise infringe any third party intellectual property rights, rights
of privacy or personality rights and does not contain any defamatory or disparaging
statements. Furthermore, you represent and warrant that you have the capacity to grant the
license as stipulated in this paragraph.
You agree to indemnify and keep eRider, its affiliates and licensors indemnified against all
costs, expenses, damages, losses and liabilities incurred or suffered by eRider or its
affiliated companies related to any User Content posted or transmitted by you or your other
use of the Website, the Service or the Application.
eRider reserves the right at its sole discretion to block or remove (in whole or in part) any
User Content posted or transmitted by you and which eRider believes is not in accordance
with these User Terms (including materials which infringe or may infringe third party
intellectual property rights, rights of privacy or personality rights), or is otherwise
unacceptable to eRider.
You agree to promptly notify eRider in writing of any User Content which breaches these
User Terms. You agree to provide to eRider sufficient information to enable eRider to
investigate whether such User Content breaches these User Terms. eRider agrees to make
good faith efforts to investigate such complaint and shall take such action as eRider in its
sole discretion decides. However, eRider does not warrant or represent that it will block or
remove (in whole or in part) such user Content.
APPLICATION LICENSE
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Subject to your compliance with these User Terms, eRider grants you a limited non-
exclusive, non-transferable license to download and install a copy of the Application on a
single mobile device that you own or control and to run such copy of the Application solely
for your own personal use.
YOU SHALL NOT
i. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially
exploit or make available to any third party the Service or Application in any way;
ii. Modify or make derivative works based upon the Service or Application;
iii. Create Internet "links" to the Service or "frame" or "mirror" any Application on any
other server or wireless or Internet-based device;
iv. reverse engineer or access the Application in order to:
Design or build a competitive product or service.
Design or build a product using similar ideas, features, functions or graphics of
the Service or Application
Copy any ideas, features, functions or graphics of the Service or Application,
v. Launch an automated program or script, including, but not limited to, web spiders,
web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program
which may make multiple server requests per second, or unduly burdens or hinders the
operation and/or performance of the Service or Application.
YOU SHALL NOT
vi. Send spam or otherwise duplicative or unsolicited messages in violation of applicable
laws;
vii. Send or store infringing, obscene, threatening, libellous, or otherwise unlawful or
tortious material, including material harmful to children or violative of third party privacy
rights;
viii. Send or store material containing software viruses, worms, Trojan horses or other
harmful computer code, files, scripts, agents or programs;
ix. Interfere with or disrupt the integrity or performance of the Website, the Application or
Service or the data contained therein;
xx. Attempt to gain unauthorized access to the Website, the Application or Service or its
related systems or networks.
eRider will have the right to investigate and prosecute violations of any of the above to the
fullest extent of the law. eRider may involve and cooperate with law enforcement authorities
in prosecuting users who violate these User Terms. You acknowledge that eRider has no
obligation to monitor your access to or use of the Website, Service, Application or Collective
Content or to review or edit any Collective Content, but has the right to do so for the
purpose of operating the Website, the Application and Service, to ensure your compliance
with these User Terms, or to comply with applicable law or the order or requirement of a
court, administrative agency or other governmental body. eRider reserves the right, at any
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time and without prior notice, to remove or disable access to any Collective Content that
eRider, at its sole discretion, considers to be in violation of these User Terms or otherwise
harmful to the Website, the Service or Application.
COPYRIGHT POLICY
eRider respects copyright law and expects its users to do the same. It is eRiders policy to
terminate in appropriate circumstances Users or other account holders who (repeatedly)
infringe or are believed to be (repeatedly) infringing the rights of copyright holders.
INTELLECTUAL PROPERTY OWNERSHIP
eRider alone (and its licensors, where applicable) shall own all right, title and interest,
including all related intellectual property rights, in and to the Website, Application and the
Service and any suggestions, ideas, enhancement requests, feedback, recommendations or
other information provided by you or any other party relating to the Website, Application or
the Service.
These User Terms do not constitute a sale and do not convey to you any rights of
ownership in or related to the Website, the Application or the Service, or any intellectual
property rights owned by eRider. eRiders name, logo, and the product names associated
with the Application and Service are trademarks of eRider, its affiliated companies or third
parties, and no right or license is granted to use them.
THIRD PARTY INTERACTIONS
During the use of the Website, the Application and the Service, links to websites that are
owned and controlled by third parties may be provided from time to time in order to enter
into correspondence with, purchase goods or services from, participate in promotions of
third parties. These links take you off the Website, the Application and the Service and are
beyond eRiders control.
During use of the Website, the Application and the Service, you may enter into
correspondence with, purchase goods and/or services from, or participate in promotions of
third party service providers, advertisers or sponsors showing their goods and/or services
through a link on the Website or through the Application or Service. These links take you off
the Website, the Application and the Service and are beyond eRiders control. The websites
you can link to have their own separate terms and conditions as well as a privacy policy.
eRider is not responsible and cannot be held liable for the content and activities of these
websites. You therefore visit or access these websites entirely at your own risk.
Please note that these other websites may send their own cookies to users, collect data or
solicit personal information, and you are therefore advised to check the terms of use or
privacy policies on those websites prior to using them.
TERM AND TERMINATION OF THE CONTRACT
The Contract between eRider and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the
Application installed on your smart phone, thus disabling the use by you of the Application
and the Service. You can close your user account at any time by following the instructions
on eRider's website.
eRider is entitled to terminate the Contract at all times and with immediate effect (by
disabling your use of the Application and the Service) if you:
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a. Violate or breach any term of these User Terms, or
b. In the opinion of eRider, misuse the Application or the Service. eRider is not obliged
to give notice of the termination of the Contract in advance. After termination eRider will give
notice thereof in accordance with these User Terms.
INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other
provisions of these User Terms. If and to the extent that any provision of these User Terms
is invalid, or is unacceptable in the given circumstances according to the criteria of
reasonableness and fairness, a provision shall apply between the parties instead that is
acceptable considering all the circumstances and which corresponds with the provisions of
the void part as much as possible, taking into account the content and the purpose of these
User Terms.
MODIFICATION OF THE SERVICE AND USER TERMS
eRider reserves the right, at its sole discretion, to modify or replace any of these User
Terms, or change, suspend, or discontinue the Service or Application (including without
limitation, the availability of any feature, database, or content) at any time by posting a
notice on the Website or by sending you notice through the Service, Application or via
email. eRider may also impose limits on certain features and services or restrict your access
to parts or all of the Service without notice or liability.
NOTICE
eRider may give notice by means of a general notice on the Service or Application, or by
electronic mail to your email address on record in eRider's account information, or by written
communication sent by regular mail to your address on record in eRider's account
information.
ASSIGNMENT
You may not assign your rights under these User Terms without prior written approval of
eRider.
PRIVACY AND COOKIE NOTICE
eRider collects and processes the personal data of the visitors of the Website and users of
the Application according to the Privacy and Cookie Notice www.eRider.com
/privacy.html
APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the Pakistann Laws. Any dispute, claim or controversy
arising out of or relating to these User Terms or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Website, the Service or the Application
(collectively, "Disputes") will be settled exclusively by the competent court in Karachi,
Pakistan, unless you notify eRider within one month after eRider invoking its right pursuant
to this provision to commence court proceedings in Karachi, Pakistan, that you demand
settlement of the dispute, claim or controversy at hand before the relevant court competent
by law.