Your use of MiWayz (miwayz, MIWAYZ, MiWAYZ) and its related services, including the mobile app and phone-based features (collectively referred to as the “App”), is governed by these Terms and Conditions. By accessing or using the App, you agree to comply with these terms.
You may not use the App for any illegal or prohibited activities. If you do not agree to these Terms and Conditions, you must stop using the Website immediately.
Right to Modify
MiWayz reserves the right to:
- Modify or remove the Website, or any part of it, temporarily or permanently, without prior notice. You acknowledge that MiWAYZ will not be held liable for any such changes or removals.
- Update these Terms and Conditions at any time. By continuing to use the App after changes are made, you agree to accept the updated terms.
Links to Third Party Websites
MiWayz App may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Copyright
All copyright, trade marks and all other intellectual property rights in the App and its content (including without limitation the App design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to MiWayz or otherwise used by MiWayz as permitted by law.
In accessing the App, you agree that you will access the content solely for your personal, non-commercial use.
Disclaimers and Limitation of Liability
- No Warranties:
- The App is provided on an “AS IS” and “AS AVAILABLE” basis, without any representations or warranties of any kind, whether express or implied.
- This includes, but is not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
- Limitation of Liability:
- To the fullest extent permitted by law, MiWayz shall not be liable for any indirect, incidental, or consequential losses or damages, including but not limited to loss of business, opportunities, data, or profits, arising from the use of the App or Website.
- No Guarantee of Functionality:
- MiWayz does not warrant that the Website or App will function without interruptions or errors.
- There is no guarantee that defects will be corrected or that the Website, App, or servers are free from viruses or other harmful components.
1 – Relationship Between Driver and Passenger
- a) Intermediary Role:
- MiWayz does not provide transportation services but acts solely as an intermediary to facilitate scheduling between taxi drivers and passengers.
- By using the service, the passenger acknowledges that MiWayz has no direct association with the taxi driver and merely facilitates contact between the two parties.
- The user agrees that MiWayz is not liable for any actions or omissions of users, including theft, contractual breaches, disputes, or other incidents, as well as for any losses incurred (including tax-related losses).
- By registering and accepting these terms, the user acknowledges doing so at their own discretion and risk. MiWayz recommends conducting all transactions with care and common sense.
System Availability and Inconsistencies
- a) No Guarantee of System Availability:
- MiWayz does not guarantee uninterrupted or error-free operation of its system and is not liable for any damages caused by interruptions or errors.
- b) User Responsibility:
- MiWayz is not responsible for any damage or loss to the user’s device caused by the use of the website or app.
- c) Inconsistencies in External Systems:
- Miwayz is not responsible for any errors or inconsistencies in information provided by third-party systems, such as GPS, radar, or other similar services.
Compensation for Damages
- a) Indemnification of MiWayz:
- The user agrees to indemnify and hold MiWayz and its representatives harmless from any claims, lawsuits, losses, liabilities, damages, or expenses, including reasonable attorney fees and court costs, arising from damages caused by the user.
- b) Driver Negligence:
- The user agrees to indemnify MiWayz and its representatives from any claims or lawsuits related to accidents or issues caused by the driver’s negligence or fault.
- Users further agree that MiWayz is not liable for any vicarious liability arising from driver-related incidents.
- c) Limitations of Responsibility:
- Users accept that MiWayz acts solely as a scheduling platform between passengers and drivers and is not responsible for incidents occurring during the ride, including accidents, delays, or discomfort in the taxi.
Obligations, Liabilities, and Risks of Passengers
- a) Passenger Responsibility:
- The passenger certifies that they use the services of MiWayz voluntarily and at their own discretion. By using the platform, the passenger accepts full responsibility and assumes all risks associated with its use.
Acceptance, Refusal, and Cancellation of Services
- b) Driver and Passenger Rights:
- Drivers have the right to accept or decline a service request upon receiving a ride notification. Similarly, passengers may cancel a booking for any reason.
- Both parties acknowledge that MiWayz is not liable for:
- Delays, cancellations, or failures to cancel a service.
- Miscommunications between passengers and drivers.
- Delays or failures in service delivery by drivers.
Information and Risks of the Service
- a) Awareness of Risks:
- Passengers acknowledge and accept all risks of using the platform and the associated services.
- Passengers commit to exercising reasonable caution, as is expected of someone opting for taxi transportation.
- b) Driver Information and Selection:
- Passengers acknowledge that MiWayz does not perform background checks or evaluate the legal, physical, or mental fitness of drivers registered on the platform.
- Driver-provided data, including but not limited to:
- Vehicle model,
- License plate,
- Full name,
- Profile picture,
- And any other information,
is submitted directly by the driver or taxi company.
- By accepting a ride, the passenger understands and agrees that MiWayz has no involvement in the contractual relationship between the driver and the passenger.
Loyalty Points
- No Cash Value:
- MiWayz loyalty points have no cash or monetary value and cannot be redeemed for cash.
- Purpose:
- Loyalty points are exclusively provided for rewards and promotional offers conducted by MiWayz.
- Usage:
- MiWayz loyalty points can only be redeemed for services offered by MiWayz and cannot be used at third-party outlets or services.
- Non-Transferable:
- Loyalty points are non-transferable, non-assignable, and cannot be combined or pooled with another member’s points.
- Purchased Points:
- Loyalty points can be purchased through the MiWayz app; however, purchased points cannot be exchanged for cash.
- Discontinuation:
- MiWayz loyalty points may be discontinued at any time at the sole discretion of the Management.
GENERAL TERMS AND CONDITIONS
Booking and Cancellation Conditions
By using MiWayz, the User agrees to comply with these terms and conditions:
- a) Booking Fees:
- A booking fee or a convenience fee may be charged for taxi hires.
- b) Liability Disclaimer:
- MiWayz is not responsible for any loss, damage, or inconvenience caused by:
- The User’s non-compliance with service instructions.
- Malfunction, failure, or interruption of network systems or services.
- This includes circumstances beyond MiWayz’s control or related to third-party systems.
- c) No Guarantee of Timely Service:
- MiWayz is not liable for any direct or indirect loss or damage due to delays or failures by MiWayz, the Driver, or the Company to provide a taxi, food or any service even if prior commitments were made.
- d) Indemnity:
- The User agrees to indemnify MiWayz against any liabilities, losses, claims, or legal costs arising from the use or intended use of MiWayz’s services.
- e) Cancellation Fee:
- A cancellation fee applies if the trip is canceled after 5 minutes or after the driver arrives at the pickup location.
- f) Driver Delays:
- If the driver takes too long to reach the pickup location, the cancellation fee will be waived.
- A cancellation fee applies if the trip is canceled after it has started.
- g) No-Show Policy:
- If the User is not present at the pickup location or the driver cannot contact the User, the cancellation fee will apply if the driver has waited over 5 minutes.
- h) Advance Bookings:
- Cancellation fees may apply for advance bookings.
Payment Conditions
The User shall pay the taxi fare (as displayed on the meter), parking charges, and any applicable additional night surcharge using cash or other supported payment methods.
If the User is unable to pay the driver the required amount upon completion of the ride, MiWayz shall not be held responsible for any liabilities, losses, charges, or expenses incurred by the driver or the taxi company as a result.
Termination
While most content and features on MiWayz are provided free of charge, MiWayz reserves the right to:
- Restrict or terminate access to certain areas or features of the App at any time, with or without notice.
- Deny access to specific users for any reason, without prior notice or explanation, to safeguard the interests of MiWayz and its visitors.
- Limit, alter, or create varying levels of access to the App and its features for different users, as well as change or introduce new features without prior notice.