Users Terms & Conditions
Last update: June 2023
Please read these Terms and Conditions “the Terms” carefully as they contain important information regarding your legal rights, obligations and remedies. By accessing the Gozem Platform and using its Services, you agree to be bound by and comply with the Terms.
By accessing the Platform and voluntarily creating your User Account, you expressly and unreservedly accept the Terms and the Community Charter which constitute the entire Contract binding you to Gozem.
Gozem reserves the right to modify the Conditions at any time and without notice.
You should read the Terms carefully and regularly when accessing the Platform; their acceptance is an essential step before accessing the Services.
Continued use of the Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
1.
Object
Gozem acts as a technological intermediation platform allowing you to request services from independent third-party providers.
GOZEM DOES NOT PROVIDE TRANSPORT SERVICES, DELIVERY SERVICES, CATERING SERVICES, NOR ANY OTHER FORM OF SERVICE PROVISION. ALL THESE SERVICES ARE PROVIDED BY THIRD PARTIES WHO ARE AUTONOMOUS AND INDEPENDENT.
GOZEM’S INTERVENTION IS LIMITED TO INTERMEDIATION.
THIRD PARTIES OPERATING ON THE PLATFORM ARE SOLELY RESPONSIBLE FOR THE CORRECT EXECUTION OF THEIR ACTIVITIES.
WHEN YOU REQUEST A SERVICE, YOU ARE ENTERING INTO A CONTRACT DIRECTLY WITH THE PROVIDER, GOZEM IS NOT, NOR BECOMES A PARTY TO THIS CONTRACT.
2.
Definitions
For the purposes of the Contract, the following terms and expressions when used with an initial capital letter, have the meaning indicated below:
2.1.
“Contract” refers to all the legal documents binding you to Gozem and forming an indivisible whole.
2.2.
“Company” means Gozem Pte Ltd, a company registered in Singapore under number 201735889C, having its registered office at 12 Purvis Street, #02-01, #5014, Singapore, 188591, or any other body corporate which may succeed it in respect of an assignment of the Contract.
2.3.
“Gozem” means Gozem Pte Ltd or the Company.
2.4.
“Other Gozem Applications” refers to all Gozem softwares and applications made available to all Users.
2.5.
“Platform” means the dematerialized space allowing Users to access the User Application and the Other Gozem Applications.
2.6.
“Service or Services” refers to the intermediation service provided by the Company.
2.7.
“User” means any person accessing the Platform.
2.8.
“User Application” refers to the Company’s software allowing access to the Gozem Services.
2.9.
“User Account” means the personal access of each user to the Application allowing him to manage his use of the Service.
2.10.
“Wallet” means the electronic wallet on which financial transactions can be carried out under the Contract.
3.
Registration on the Platform
The creation of a User Account is carried out without financial compensation.
The User guarantees that all information concerning 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 User provides false, inaccurate or incomplete information, or if the Company considers that there are justified reasons to doubt the veracity, accuracy or integrity of this information, the Company may refuse to User access to the Platform.
Access to the Service requires the User to register on the Application by completing the form provided for this purpose. The User must fill in all the information marked as mandatory. Any incomplete registration will not be validated.
When registering on the Platform, the User 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.
Once his account has been created, the User 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 User is solely responsible for any use of his data, services that may be requested from a third party on the Platform, or any other action carried out under his User name and/or password.
4.
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.
Minors cannot create an User Account and therefore cannot use the Platform without the express consent and support of their parents or legal representatives.
Any use of the Services by a minor will be carried out under the full supervision and responsibility of the User, who will be fully responsible for any use of his Account.
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.
5.
Payments
Payments are made at the end of each service and are non-refundable, unless the Company decides otherwise.
You can choose to pay in cash, by electronic money or by bank card.
Payments in electronic money are provided by Electronic Money providers that are approved and authorized to carry out regulated payment transactions in all the countries where the Company operates.
To make payments by credit card, you must first register a valid card that belongs to you.
You agree that we may verify card details with your banking institution.
We then issue a reasonable authorization request, which does not constitute an actual charge on your card, in order to carry out this verification.
This request will be pending and then will automatically disappear after a few days and no amount will be debited from your account.
If the card payment is processed abroad, bank charges may apply. They are your responsibility.
The Company assumes no liability for dematerialized payments. The User must himself contact the payment institution in the event of a malfunction.
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.
6.
Tips
Tips are optional and left to the sole discretion of the User.
At the end of a service, you are offered to define a tip amount to give to the transport provider, you are free not to assign or modify it.
The User agrees to receive a detailed billing statement by email.
7.
Promotions and programs
The Company may, at its sole discretion, offer promotions and programs with different characteristics depending on the User. When they are offered, these promotions and programs are subject to specific conditions specified on the Application. The Company reserves the right to withhold or deduct any credits or benefits obtained in connection with any promotion or program, in the event that it becomes aware or believes that the use of the promotion or the receipt of the codes promotions were made in error, fraudulently, illegally or in violation of the applicable promotion or program terms.
In the event of fraud, attempted fraud or suspicion of other illegal activities related to a promotional code or its exchange, the Company will be authorized to suspend, block and delete the corresponding User Accounts. The Company may ask the User to reimburse any amount obtained fraudulently.
8.
Gozem Electronic Wallet
You have an Electronic Wallet in your User Account allowing you to pay for the requested services.
This wallet is fed by mobile money or by bank card.
Once in your wallet, this credit is intended to be used only on the Application. It cannot be reconverted, refunded, resold or exchanged between Users, or produce interest.
The conditions of use of this credit may be subject to modifications, you will then be informed within a reasonable time.
The balance of your Wallet can be consulted at any time on the Application.
9.
License
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.
10.
Restrictions
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.
11.
Cancellation Policy
The cancellation of Service requests affects the reliability and quality of the intermediation.
Although you may cancel a request for Services, the Company reserves the right to charge cancellation fees to your Gozem Wallet.
These costs are used to compensate for all the costs that the service provider may have incurred to deliver its service until the cancellation. The cancellation costs are indicated on your receipt for the canceled service.
Cancellation terms and prices are subject to change without notice.
Cancellation fees are automatically debited from your Wallet balance. In the event of insufficient balance to cover these costs, your access to the application may be blocked.
If you believe that cancellation fees have been wrongly charged, you can contact the company at: support@gozem.co
12.
Rating
The Platform is interactive and the members of its Community are assigned ratings based on their activities, comments can also be left.
This reciprocal rating system allows us to remain vigilant about the professionalism and courtesy that we wish to maintain on the Platform.
The rating is part of a User’s public profile, a poor average, negative comments may cause you to lose access to the Application after investigation by the Company.
13.
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.
14.
Protection of personal data
When you use the Service, we may ask you to provide us with your personal data.
The expression «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…
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,
- 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.
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.
15.
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.
16.
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.
17.
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.
18.
INTERACTIONS BETWEEN USERS/THIRD PARTIES
THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. THE USER IS SOLELY RESPONSIBLE FOR HIS INTERACTIONS WITH OTHER USERS AND/OR THIRD PARTIES.
THE COMPANY SHALL NOT BE PART OF ANY DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM.
YOU ARE RESPONSIBLE FOR DAMAGE CAUSED INTERIOR OR EXTERIOR OF A TRANSPORT PROVIDER’S VEHICLE IF SUCH DAMAGE IS YOUR FAULT.
YOU HAVE CUSTODY OF YOUR PERSONAL ITEMS INSIDE THE VEHICLES OF TRANSPORT PROVIDERS.
19.
Notices
You can exchange information with the Company via the Application, by telephone, by email or any means leaving a written record.
20.
Termination
This Contract will be valid until it is terminated according to the terms below:
20.1.
On your initiative
You may terminate the Contract at any time and without reason, by giving seven (07) days written notice sent on the Application or by any means leaving a written record.
20.2.
On the initiative of the Company
- The Company may terminate this Contract without notice and block your access to the Platform if:
(i) you have committed a material breach of your obligations under the Contract, (ii) you have violated applicable laws and regulations or the rights of third parties, (iii) such action is necessary to protect the safety or property of the Company or others.
- The Company may terminate this Agreement by sending you a written notification on the Application giving seven (07) days notice if:
(i) you have repeatedly received poor ratings or negative comments, (ii) the Company receives complaints about your performance or your behavior which are proven after investigation.
21.
Miscellaneous
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.
22.
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 Singaporean law and subject to the jurisdiction of the courts of Singapore; except territorial or material jurisdiction attributed to the jurisdiction of the place of performance of the service by operation of law.
If you have any questions about these Terms and Conditions of Use, please write to us by e-mail at: support@gozem.co
FREQUENTLY ASKED QUESTIONS
Q: Is Gozem a transport company?
R: No, Gozem is not a transport company, it only connects you with independent service providers who offer a variety of services.
Q: What is the Gozem Community Charter?
R: The Gozem Community Charter establishes the principles to be respected so that everyone can benefit from a pleasant experience on the Platform with respect and security.
Failure to comply with one of its clauses may result in the revocation of your access to all or part of the Platform.
Q: Is it possible to share access to your account with another person?
R: No, your User Account is strictly personal, it is a security guarantee for the Platform.
Q: You have questions about the operation of the Application, how to get answers?
R: Simply access the “help” section of your User Account, where you will find the answers to the most frequently asked questions.
Q: Are you charged for canceling a service request?
R: Fees may be charged in the event of cancellation, they are used to compensate the service provider.
Q: What are the means of payment accepted by Gozem?
R: You can pay in cash, by electronic money, by bank card.
Q: You encounter a difficulty during a ride, or after an order how to contact the Company?
R: You can contact the Gozem support service through the Application, this service is available 24/7