Champions Terms & Conditions

Object

Gozem acts as a Technological Intermediation Platform connecting Customers and Independent Transport Providers via an Application.

GOZEM DOES NOT PROVIDE TRANSPORT SERVICES OR ACT AS A CARRIER; ALL TRANSPORT SERVICES ARE PROVIDED BY THIRD PARTY PROVIDERS WHO ARE SELF-EMPLOYED,AND WHO ARE NOT EMPLOYEES, AGENTS OR REPRESENTATIVES OF GOZEM.

TRANSPORT PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SERVICES THEY PROVIDE.

Definitions

For the purposes of the Contract, the following terms and expressions when used with an initial capital letter, have the meaning indicated below:

Champions Registration

The Champion guarantees that all information regarding his identity and capacity provided to the Company in the registration form on the Platform is true, accurate and complete. He undertakes to keep this data up to date.

If a Champion provides false, inaccurate or incomplete information, or if the Company considers that there are reasonable grounds to doubt the truthfulness, accuracy or integrity of this information, the Company may refuse to Champion access to the Platform.

Access to the Service requires the Champion to register on the Application by completing the form provided for this purpose. The Driver must fill in all the information marked as mandatory. Any incomplete registration will not be validated.

When registering on the Platform, the Champion must choose an User name and a password. The User name and password are strictly personal and non-transferable; the password must remain confidential and secure.

The User name will be made public on the Platform to communicate with other Users.

Registration is done without financial compensation.

Once his account has been created, the Champion has access to a space which allows him to manage his use of the Service.

He undertakes not to disclose the elements of his account and not to allow access to it to a third party. The Champion will be solely responsible for any use of his data, services that may be provided by a third party on the Platform, or any other action carried out under his User name and/or password.

Use of the Service

You must be of legal age to use the Service. You must be eighteen (18) or twenty-one (21) years old depending on the legislation of the place of access to the Platform.

You must have the legal capacity to contract and must use the Service in accordance with the Terms.

You agree to comply with all applicable laws when using the Service and agree to use the Service only for lawful purposes.

You must have a compatible device to access the Service and perform any related updates.

The Company does not guarantee that the Service or any part of it can be operated on incompatible devices and operating systems.

The Company reserves the right to suspend or block your access to the Service in the event of legitimate reasons to believe that: (i) you are using the Service with an unauthorized device, (ii) you do not comply with applicable laws when use of the Service, (iii) you do not use the service in accordance with the Terms, (iv) your use of the Service adversely affects the legitimate rights or interests of the Company or third parties, so that immediate action is necessary to avoid damage.

Mandatory documents

In order to use the Service you must:

• have a valid identity document,
• have a driver’s license, be authorized or able to drive a vehicle and have all appropriate licenses, approvals, authorizations,
• be the owner or be able to legally operate the vehicle put on the Platform; maintain it in good working order in accordance with industry safety and maintenance standards.
• have a license relating to the urban transport of people and goods and renew it throughout your presence on the Platform.
• take out civil liability insurance with a reputably solvent insurer and renew it throughout your presence on the Platform.

You are solely responsible for the proper performance of the transport service.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MATERIAL, PHYSICAL OR BODILY DAMAGE THAT MAY OCCUR DURING A RIDE.

By way of non-exhaustive examples:

Deliverie

The Champion can also deliver meals or goods

These deliveries are carried out in accordance with the specific conditions applying on the delivery services used, as established by the Company

The Champion expressly acknowledges that the payment collected for each delivery must be returned before any new delivery

Licens

Subject to compliance with the Terms, the Company and its licensors, if any, grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license: (i) to access and use the Application on your personal device for the sole purpose of using the Service; and (ii) access to and use of any content, information and related materials that may be made available to you through the Service, in each case solely for your personal use. All rights not expressly granted in paragraph are reserved by the Company and its licensors

Restriction

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, commercially exploit or otherwise make available to third parties the Application; (ii) modify or create derivative works based on the Application (iii) create web links to the Application, frame or mirror the Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to: (a) create a competitive product or service, (b) create a product using ideas, features, functions or graphics similar to those of the Application, copy ideas, features, functions or graphics from the Application (v) run any automated program or script, including but not limited to web crawlers, web indexers, bots , viruses or worms, any program likely to make several server requests per second, overload or unduly hinder the operation and / or performance of the Application, (vi) use a robot, a spider, a search site / application of crawling, or other manual/automatic device or process to retrieve, index, data mine, replicate or otherwise circumvent the navigational structure or presentation of the Service or its content; (vii) post, distribute or otherwise reproduce any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any notices copyright, trademark or other proprietary rights notices contained in the Service, (ix) send messages to users who have not requested to receive information from you.

Service Fees

The Company allows the Champion to offer its transport services on the Platform.

A commission is invoiced for each Ride carried out by the Champion. The amount of this commission is calculated according to the type of Ride and is communicated directly in the Application.

The Company may set up incentive programs over defined periods.

It pays at its discretion a financial or in-kind incentive to the Champions meeting the predefined objectives over this period.

THE CHAMPION EXPRESSLY AND UNRESERVEDLY ACKNOWLEDGES THAT HE HAS TO PAY THE FEES RELATED TO THE SERVICE.

The price of the Ride is determined by the Company according to the type of Ride, the distance, the travel time, the category of the vehicle, the time slot of the Ride and other applicable parameters and communicated to the Customers and Champions during their Ride.

This pricing is dynamic and is also based on the statistics of Rides carried out under similar conditions.

Service fees are immediately payable at the end of each Ride.

Fees are final and non-refundable, unless the Company decides otherwise.

The Company may at its sole discretion offer promotional offers or price reductions. These promotional offers or reductions will not be supported by the Champion.

Terms of payment

For transportation services provided by the Champion to its Clients, the Champion may be paid by the Client in cash or through the Client’s Gozem e-Wallet.

When a Client pays through their Gozem e-Wallet, the Champion’s e-Wallet is credited with the same amount.

All financial transactions related to the use of the Service provided by Gozem to the Champion are carried out on the Electronic Wallet of the Champion and the Champion expressly and unreservedly accepts that the Company may deduct from its Wallet any sum to which it may claim for the use of the Service.

The Champion undertakes to maintain his wallet with a positive balance and may at any time withdraw the funds on his wallet through the means made available by the Company.

The Company reserves the right to suspend the processing of any transaction when it reasonably believes that the transaction may be fraudulent, illegal, involves criminal activity or it reasonably believes that the Service is not being used in accordance with the Terms.

In such event, the Company shall not be liable for any delay, suspension, withholding or cancellation of any payment to you.

You should cooperate fully with the Company in any investigation to determine whether a transaction was authorized.

Cancellation Policy

The cancellation of Service requests affects the reliability and quality of the intermediation.

Although you can cancel a reservation, this cancellation must meet the conditions indicated in the Application.

The Company reserves the right to charge cancellation fees to your Gozem Wallet.

Tax and social regulations

The Champion declares to comply with the tax and social legislation in force and guarantees to keep up to date with the contributions and declarations related to its activity on the Platform.

Confidentiality

You will consider as confidential and will not be able to use without the prior agreement of the Company the following information (hereinafter the Confidential Information):

• any information or data in any form whatsoever, including any information given verbally as well as any document, file or electronic message or any other means of materializing or recording information, communicated by the Company in any way whatsoever .
• trade secrets and know-how, information that the Company designates as confidential or which, given the circumstances of their disclosure or because of their nature, must be treated as confidential;
• all secret or confidential information relating to the Company’s processes, products, marketing and commercial strategy, practices and procedures;
• the personal data of other Users.

You warrant that you will not use the Confidential Information for any purpose other than your use of the Service.

However, do not constitute Confidential Information:

• information currently available or becoming available to the public without breach of the Terms.
• information legally held by you prior to disclosure by the Company,
• information validly obtained from a third party authorized to transfer or disclose such information.

This obligation of confidentiality will continue for two years after the end of this contract.

Protection of personal data

When you use the Service, we may ask you to provide us with your personal data.

The expres “personal data” means any information relating to a natural person identified or identifiable directly or indirectly, by reference to an identification number or to one or more elements, specific to his physical, physiological, genetic, psychic identity, cultural, social or economic.

These include your: surname, first name, pseudonym, photograph, postal and electronic addresses, telephone numbers, date of birth…

The Company may also collect telematics data (your geolocation, speed, acceleration and braking data), device data (your IMEI number), vehicle registration data.

You expressly consent to your geolocation data being shared with other Users in order to carry out your performance.

We inform you, when collecting your personal data, whether certain data must be provided or whether it is optional. We also tell you what the possible consequences of a lack of response are.

Your personal data is collected with your consent, in accordance with the legislation in force, to meet one or more of the following purposes:

• ensure security and an appropriate environment for safe access to the Platform,
• offer you to participate in events, promotions, training, activities, discussion or research groups, contests, promotions, polls, surveys …
• verify your use of the Service in accordance with the Terms, the Community Charter,
• provide updates to our partners for fleet management purposes,
• validate and/or process payments, discounts, refunds, fees, in accordance with these Terms,
• develop the Service under the Terms to improve your experience,
• respond to your questions and comments, communicate with you within the framework of the Service,
• detect, prevent and repress breaches of the Terms,
• analyze the operating data of the Platform,
• send you alerts, newsletters, updates, direct mail, promotional information, benefits, festive greetings from the Company, its partners, advertisers or sponsors,
• inform you and invite you to events or activities organized by the Company, its partners, advertisers or sponsors,
• meet all of our legal, regulatory or tax obligations, by complying with all applicable laws and regulations, sharing them if necessary with a regulator or competent authority.

We may disclose your personal data to our partners.

You have the possibility to modify your personal data by sending the updated information to our support service via the Application.

The modifications will be recorded by the support department within an average period of fourteen (14) working days.

You can contact the support department at: support@gozem.co.

We retain your personal data throughout your use of the Service. However, we are likely to keep them even if you decide to no longer use the Service, in particular to comply with applicable legislation, defend our interests or assert our rights. We will not retain them for longer than necessary and then securely destroy them.

Advertising messages may be communicated to you by the Company and its partners via the Application.

DISCLAIMER

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY MADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICE, OR THAT THE SERVICE OPERATES WITHOUT INTERRUPTIONS OR ERRORS. YOU AGREE THAT THE RISKS ARISING FROM YOUR USE OF THE SERVICE ARE ALONE WITH YOU, TO THE EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS WITH RESPECT TO THE SERVICE.

THE COMPANY IS NOT RESPONSIBLE IN THE EVENT OF FORCE MAJEURE, IN THE EVENT OF INTERNET OR TELECOMMUNICATIONS INFRASTRUCTURE OUTAGES OR BREAKDOWNS WHICH ARE NOT UNDER ITS CONTROL AND WHICH MAY LEAD TO INTERRUPTIONS IN THE ACCESSIBILITY OF THE PLATFORM. THE COMPANY MAY, ON A TEMPORARY BASIS AND TAKING INTO ACCOUNT THE LEGITIMATE INTERESTS OF USERS (FOR EXAMPLE BY PRIOR NOTIFICATION), LIMIT THE AVAILABILITY OF THE PLATFORM OR CERTAIN FUNCTIONS OF THE PLATFORM IF THIS IS NECESSARY, TO PRESERVE SECURITY OR THE INTEGRITY OF OUR SERVERS, OR TO PERFORM MAINTENANCE OPERATIONS IN ORDER TO ENSURE OR IMPROVE THE OPERATION OF THE PLATFORM.

Indemnification

To the extent permitted by applicable law, you agree to hold the Company and its officers, employees, agents harmless from all claims, demands, losses, liabilities and expenses (including, without limitation, reasonable attorneys’ fees) as a result of or due to: (i) your use of the Service; (ii) your breach or violation of any of stipulation of the Contract; (iii) your violation of any law, regulation or third-party right.

Limitation of contractual liability

Neither the Company nor its officers, employees or agents shall be liable for any indirect, specific, incidental, economic or consequential damages attributable to your use or inability to use the Application or that of other persons claiming from you or claiming act through you, or loss or damage caused or alleged to be caused, directly or indirectly, by the Application, regardless of the nature of the damage, including without limitation: loss or interruption of operations or loss of expected profits , loss of profits, costs of delays, damages related to or attributable to the loss or corruption of data, documentation or information, obligations towards third parties for any reason whatsoever, or any other incidental, specific , punitive or consequential resulting from the use of the Application, even if the Company knew or had been warned of the possibility of these obligations, losses or damages.

Notices

You can exchange information with the Company via the Application, by telephone, by email or any means leaving a written record.

Termination

This Contract will be valid until it is terminated according to the terms below:

Miscellaneous

No partnership, employer-employee or agency relationship exists between you and the Company as a result of this Contract.

If any term or provision in this Contract is found by any court, tribunal or administrative body or competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness or unreasonableness be deemed to be severable and the remaining provisions of the booking conditions and the remainder of such provision shall continue in full force and effect.

The fact that the Company does not claim a breach of any of the obligations referred to in the Contract cannot be interpreted for the future as a waiver of the obligation in question.

Applicable law and competent jurisdiction

Any dispute that may arise from the execution or interpretation of the Contract will be settled amicably.

Failing agreement, the dispute will be settled according to the rules of law of your place of residence by the court having jurisdiction there in commercial matters.

If you have any questions about these Terms and Conditions of Use, please write to us by e-mail at: support@gozem.co