Terms of Service

Contractual Relationship

These terms of service constitute a legally binding agreement (the “Agreement”) between you and Optimus Technology (Pvt.) Limited, a company registered under the Companies Ordinance, 1984 with its registered office at Floor, Dilkusha Forum, Main Tariq Road, Karachi, Sindh, Pakistan, by which expression includes its legal representatives, administrators, successors-in-interest and permitted assigns (“Optimus”, “we”, “us” or “our”) which shall govern your use of the Optimus application, website, call centre and technology platform (collectively, the “Optimus Platform”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE OPTIMUS PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE OPTIMUS PLATFORM.

Your access and use of the Optimus Platform constitutes your acceptance to be bound by this Agreement, which establishes a contractual relationship between you and Optimus. Optimus may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Optimus Platform or any portion thereof, at any time for any reason without notice.

Optimus may amend this Agreement from time to time. Amendments will be effective upon Optimus’s posting of an updated Agreement at this location. Your continued access or use of the Optimus Platform after such posting constitutes your consent to be bound by this Agreement, as amended.

Our collection and use of your personal information in connection with the Optimus Platform is as provided in Optimus’s Privacy Policy located at https://www.optimusnow.com. Optimus may provide to a claims processor or an insurer any information that it deems necessary (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is deemed necessary by Optimus to resolve the complaint, dispute or conflict.

The Optimus Platform

The Optimus Platform provides a digital transportation network which functions as a marketplace where persons who seek transportation to certain destinations (“Users”) can be matched with persons driving to those destinations (“Drivers”). Each User shall create a User account that enables access to the Optimus Platform. For the purposes of this Agreement, the driving services provided by Drivers to Users who are matched through the Optimus Platform, shall be referred to collectively as the “Driving Services”. Any decision by a User to accept Driving Services is a decision made in such User’s sole discretion. Each transportation Driving Service provided by a Driver to a User shall constitute a separate agreement between such persons.

YOU ACKNOWLEDGE THAT OPTIMUS DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR TRANSPORTATION SERVICE PROVIDER OR OWN ANY VEHICLES FOR TRANSPORTATION AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY OPTIMUS OR ANY OF ITS AFFILIATES.

License.

Subject to your compliance with this Agreement, Optimus grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Optimus Platform on your personal device solely in connection with your use of the Optimus Platform; and (ii) access and use any content, information and related materials that may be made available through the Optimus Platform, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Optimus and Optimus’s licensors.

Third Party Services and Content.

The Optimus Platform may be made available or accessed in connection with third party services and content (including advertising) which Optimus does not control itself, directly, or indirectly. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Optimus does not endorse such third party services and content and in no event shall Optimus be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Optimus Platform using applications developed for Apple iOS or Android-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Optimus Platform in any manner. Your access to the Optimus Platform using these devices is subject to termsforth in the applicable third party beneficiary’s terms of service.

Optimus Platform Ownership.

The Optimus Platform and all rights therein are and shall remain Optimus’s property or the property of Optimus’s licensors. Neither this Agreement nor your use of the Optimus Platform convey or grant to you any rights: (i) in or related to the Optimus Platform except for the limited license granted above; or (ii) to use or reference in any manner Optimus’s company names, logos, product and service names, trademarks or services marks or those of Optimus’s licensors.

Use of the Optimus Platform

In order to use most aspects of the Optimus Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different from 18), to obtain an Account. Account registration requires you to submit to Optimus certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Optimus Platform and/or Optimus’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Optimus in writing, you may only possess one Account.

User Requirements and Conduct.

The Optimus Platform is not available for use by persons under the age of 18 or the age of legal majority in your jurisdiction (if different than 18). You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 or under the age of legal majority in your jurisdiction (if different than 18) to receive transportation services from Drivers unless they are accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the OptimusPlatform, and you may only use the Optimus Platform for lawful purposes. You will not, in your use of the Optimus Platform, violate the civil or criminal laws of your jurisdiction, cause nuisance, annoyance, inconvenience, or property damage, whether to a Driver, other third party provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Optimus Platform, and you agre that you may be denied access to or use of the Optimus Platform if you refuse to provide proof of identity.

Promotions, Credits and Referral Programs.

Optimus, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Optimus. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Optimus reserves the right to withhold or deduct credits or other features or benefits obtained through a promotion in the event that Optimus determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the generalpublic (whether posted to a public forum or otherwise), unless expressly permitted by Optimus; (iii) may be disabled by Optimus at any time for any reason without liability to Optimus; (iv) may only be used pursuant to the specific terms that Optimus establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Optimus may establish additional terms relating to specific promotions. Optimus reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Optimus determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

As part of your User account, Optimus may provide you with or allow you to create a “Optimus Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Drivers (“Referred Drivers”). Optimus Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Optimus Code. You are prohibited from advertising Optimus Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Optimus reserves the right to deactivate or invalidate any Optimus Code at any time at Optimus’s sole discretion.

You may receive credits ("Optimus Credits") or trip discounts ("Trip Discounts") that you can apply towards payment of certain charges upon completion of a trip. Optimus Credits and Trip Discounts are only valid for use on the Optimus Platform, and are not transferable or redeemable for cash. Optimus Credits and Trip Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip. Additional restrictions on Optimus Credits and Trip Discounts may apply as communicated to you in a relevant promotion. Optimus may cancel, or vary the terms, relating to any Optimus Credits or Trip Discounts at any time in its sole discretion.

From time to time, Optimus may offer you incentives to refer new Users to the Optimus community (the “Referral Program”). These incentives may come in the form of Optimus Credits and/or Trip Discounts, and Optimus may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

Communications.

By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems. Communications from Optimus, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Optimus Platform or Driving Services, updates concerning new and existing features on the Optimus Platform, communications concerning promotions run by us or our third-party partners, and news concerning Optimus and industry developments. Standard text messaging charges applied by your cell phone operator will apply to text messages sent by Optimus.

Charges

As a User, you agree to pay the amounts charged by Optimus for your use of the Optimus Platform (the “Optimus Platform Fee”) and amounts charged by Drivers for providing Driving Services to you (“Trip Charges”).

After you have received Driving Services from a Driver, Optimus: (i) may facilitate your payment of the applicable Trip Charges on behalf of the Driver as such Driver’s limited payment collection agent and (ii) may collect any applicable OptimusPlatform Fee directly from you or, in the case of a cash payment, from the relevant Driver. Payment of the Trip Charges and Optimus Platform Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Driver or to Optimus, as applicable. Trip Charges and Optimus Platform Fees will be inclusive of applicable taxes where required by law. Trip Charges and Optimus Platform Fees paid by you are final and non-refundable, unless otherwise determined by Optimus in its sole discretion. You retain the right to request lower Trip Charges from a Driver for Driving Services received by you from such Driver at the time you receive such Driving Services (but not after the Driving Service is underway or completed). Optimus will responccordingly to any request from a Driver to modify the Trip Charges for a particular Driving Service.

All Trip Charges and Optimus Platform Fees are due immediately and payment will be facilitated by Optimus using the preferred payment method designated in your Account, after which Optimus will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Optimus may, on its own behalf, and as the Driver’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Optimus, Optimus reserves the right to introduce, waive and/or revise Optimus Platform Fees at any time, at its sole discretion. Trip Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Trip Charges and Optimus Platform Fees applicable in certain geographical areas may increase substantially during times of high demand and peak hours of business. Optimus will use reasonable efforts to inform you of Trip Charges and Optimus Platform Fees that may apply, provided that you will be responsible for Trip Charges and Optimus Platform Fees incurred under your Account regardless of your awareness of such Trip Charges or Optimus Platform Fees, as applicable, or the amounts thereof.

Restricted Activities

With respect to your use of the Optimus Platform and your participation in the Driving Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Driving Services or the Optimus Platform or the servers or networks connected to the Optimus Platform (v) post information or interact on the Optimus Platform or Driving Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use the Optimus Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Optimus Platform (ix) “frame” or “mirror” any part of the Optimus Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (x) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Optimus Platform or any software used on or for the Optimus Platform (xi) rent, lease, lend, sell, redistribute, license or sublicense the Optimus Platform or access to any portion of the Optimus Platform (xii) use any robot, spider, site search/rtrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Optimus Platform or its contents (xiii) link directly or indirectly to any other web sites (xiv) transfer or sell your User account, password and/or identification to any other party (xv) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvi) cause any third party to engage in the restricted activities above.

Restricted Activities

DISCLAIMER.

THE OPTIMUS PLATFORM AND DRIVING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OPTIMUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, OPTIMUS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE OPTIMUS PLATFORM, DRIVING SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE OPTIMUS PLATFORM, OR THAT THE OPTIMUS PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. OPTIMUS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY DRIVING SERVICES OR ABILITY OF DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE OPTIMUS PLATFORM AND DRIVING SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Optimus shall not be held responsible for the conduct, whether online or offline, of any User or Driver using the Optimus Platform or undertaking Driving Services. You are solely responsible for your interactions with Drivers. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Users. By using the Optimus Platform and participating in the Driving Services, you agree to accept such risks and agree that Optimus is not responsible for the acts or omissions of Users or Drivers on the Optimus Platform or participating in the Driving Services.

Optimus expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

Location data provided by the Optimus Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Optimus, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Optimus Platform. Any of your information, including geolocational data, you upload, provide, or post on the Optimus Platform may be accessible to Optimus and relevant Drivers.

LIMITATION OF LIABILITY.

OPTIMUS SHALL NOT BE LIABLE 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 OPTIMUS PLATFORM OR DRIVING SERVICES, EVEN IF OPTIMUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPTIMUS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE OPTIMUS PLATFORM OR THE DRIVING SERVICES OR YOUR INABILITY TO ACCESS OR USE THE OPTIMUS PLATFORM OR THE DRIVING SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVER OR OTHER THIRD PARTY PROVIDER, EVEN IF OPTIMUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPTIMUS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OPTIMUS’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THE DRIVERS ARE INDEPENDENT CONTRACTORS AND THAT OPTIMUS WILL NOT BE HELD LIABLE IN MANNER WHATSOEVER ON ACCOUNT OF THEIR DRIVING SKILLS.. WITHOUT PREJUDICE TO THE FOREGOING, IN NO EVENT SHALL OPTIMUS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE OPTIMUS PLATFORM OR THE DRIVING SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY-SEVEN THOUSAND PAKISTANI RUPEES (PKR 57,000).

THE OPTIMUS PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION WITH DRIVERS BUT YOU AGREE THAT OPTIMUS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

Indemnity.

You agree to indemnify and hold Optimus 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) your use of the Optimus Platform and the Driving Services or services or goods obtained through your use of the Optimus Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Drivers.

Dispute Resolution.

Arbitration Process and Rules.

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Optimus Platform or Driving Services (collectively, "Disputes") will be settled by binding arbitration between you and Optimus, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you are explicitly waiving the right to participate as a plaintiff or class in any purported class action or representative proceeding against Optimus or arising out of the usage of the Optimus Platform. Further, unless both you and Optimus otherwise agree in writing, the arbitrator selected may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.

Other Provisions.

dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Optimus Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after such Dispute has been highlighted amicably between the Parties, such Dispute may be referred to arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are explicitly excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Karachi, Pakistan. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Choice of Law.

This Agreement is governed by and construed in accordance with the laws of Pakistan

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Optimus at support@optimusnow.com.

Notice.

Optimus may give notice by means of a general notice on the Optimus Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Optimus by written communication to Optimus's email address at support@optimusnow.com.

General.

You may not assign or transfer your rights under this Agreement in whole or in part without Optimus’s prior written approval. You give your approval to Optimus for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Optimus’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Optimus or any Driver as a result of the contract between you and Optimus or use of the Optimus Platform.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.