Terms Of Usage

1. Definitions

The following terms are used throughout the Agreement and have the following specificmeanings (unless a different definition is given in any specific document).

Accompanied Rides means journeys where a passenger in your Car is under the age of 18,provided always that all such minors are accompanied for the entire journey by an adultwho is responsible for the relevant minors, which for the avoidance of doubt shall not bethe Driver.

Account means a user account on the Platform in your name.

Agreement means our agreement with you, comprising all the terms, conditions, andnotices contained or referenced in these Terms and all other rules, policies (including thePrivacy Policy), guidelines, and procedures that we may publish from time to time on thePlatform (in each case as amended from time to time).

App means the mobile application that is provided by Zofeur, and which connects Clientswith Third-Party Driver Companies.

Card means the means a physical or digital pre-paid card issued by a Card Provider for useby Drivers to facilitate the provision of Digital Payment Services to Clients;

Card Providers means the licensed third party providing the Cards for use by Drivers inconnection with the provision of Digital Payment Service.

Digital Pay Services means the use of the Platform by a Client to request and pay forgoods and services to be acquired by a Driver on behalf of the Client.

Charges mean charges to you in connection with the relevant Tier of Premium DriverServices you receive from a Third-Party Driver Company arranged via the Platform as setout at https://www.black.zofeur.com/pricing.

Client means a person who contacts, engages, and/or aims to contact or engage a ThirdParty Driver Company through use of the Services.

Content means any content submitted, generated, featured, displayed through thePlatform (including any text, correspondence, photographs, graphics, software,applications, video recordings, audio recordings, sounds, designs, features, and othermaterials that are available on the Platform). Content includes, without limitation, UserContent that may be submitted by a User.

Dispute has the meaning given to it in clause 18.2.

Driver means the individual employed by a Third-Party Driver Company to providePremium Driver Services and to purchase goods or services on behalf of a client at therequest of a Client.

Incident means any act, omission or event in connection with the Services, including anylate arrival or alleged misconduct by a Driver.

Accident means any accident causing damages to Your Car at fault of the Driver providingPremium Driver Services.

Losses mean any claims, demands, assessments, charges, losses, liabilities, costs andexpenses (including attorneys’ fees, penalties, interest or loss of profits).

Platform means any online tool provided, processed and/or maintained by us (includingour App, website, all subpages and subdomains, all Content, Services, and productsavailable at or through the Platform located at https://www.black.zofeur.com/ or anyother related domain offering access to, or facilitating the provision of, the Services andthe Digital Pay Services).

Premium Driver Services means the subscription based personal chauffeur servicesprovided by Third-Party Driver Companies, as outlined on the Platform at https://www.black.zofeur.com/pricing.

Privacy Policy means our privacy practices in relation to the use of User Content, thePlatform and the Services which is available at https://www.black.zofeur.com/privacypolicy.

Services mean our online and/or offline services for the provision and use of thetechnology that we have developed for collaboration, communication, and paymentbetween Third-Party Driver Companies and you in relation to Premium Driver Servicesand Digital Pay Services, including without limitation, access to our App, communicationtools, and payment services which enable you to arrange, schedule and pay for PremiumDriver Services and Digital Pay Services with Third–Party Driver Companies.

Subscription means a monthly subscription for the relevant Tier for Premium DriverServices entered into between a Client and Third Party Driver Companies.

Terms mean these terms and conditions.

Third-Party Content means any content that belongs to or originates from parties otherthan the User or Zofeur;

Third–Party Driver Companies means independent companies which provide thePremium Driver Services arranged through the Platform.

Tier means the package for Premium Driver Services and Digital Pay Services chosen by aClient as set out at https://www.black.zofeur.com/pricing.

User Content means any content, written or otherwise, created, submitted, generated,featured and/or displayed through the Platform (including any text, correspondence,audio and/or visual content, feedback related to the Services, initiation of supportrequests and submission of entries for competitions and promotions and photographs) byyou or other Users while using the Platform.

Users mean the person, company, or organization that has visited or is using the Platformand/or any Service

Vehicle Information means the information provided by a User when registering anyvehicle in connection with their Account, including the make, model, license plate andinsurance status.

Third-Party Driver Company and which may be subject to such additional terms asZofeur sees fit.

We, our, us, Zofeur means Zofeur FZ-LLC, a company established in Dubai Media Citywith license number 96991 whose registered address is at Dubai Media City – Dubai.

You, your means a User and where a Subscription has been entered into is usedinterchangeably with Client.

Your Car has the meaning given to it in clause 5.1

2. Changes to the Agreement

2.1. You agree that Zofeur may amend the Agreement or any part of it from time totime, and at our sole discretion. Although we will use our best endeavors to notifyyou of any amendment to the Agreement, we will not be required to provide youwith prior notification of any such amendments or changes and your continueduse of the Platform or Services shall constitute your acceptance of suchamendments or changes.

2.2. Upon any amendment or change to the Agreement, we will publish the relevantchange or amendment on our Platform. Your continued use of the Platform and/orany Service after the publication date of any amendment or change constitutesyour acceptance of it

2.3. You agree and undertake to review the Agreement each time you visit ourPlatform and/or prior to your use of any Services. If you do not agree to theAgreement, as updated from time to time, you undertake to cease using ourPlatform and/or Services immediately and if applicable, to notify Zofeur at black@zofeur.com immediately of your decision to terminate your Subscriptionfor Premium Driver Services.

3. About Zofeur

3.1. Zofeur and Premium Driver Services

3.1.1. Our Platform connects Third-Party Driver Companies and Clients. Weprovide Clients with access to Zofeur’s virtual community of Third-PartyDriver Companies; easy collaboration through our communication tools; andsecure payment tools.

3.1.2. You understand and agree that Drivers are not the employees or agents ofZofeur and that any transaction and/or agreement entered into as a result ofyour use of the Services whether oral or written, is between you and theThird-Party Driver Company only and Zofeur is not a party thereto. Youacknowledge and agree that Zofeur shall not be responsible for performingthe obligations of any Driver or Third-Party Driver Company and Zofeurdisclaims all liability arising from or related to the performance or conduct ofany Driver or Third-Party Driver Company.You agree and acknowledge that Zofeur acts solely as an intermediarybetween Clients and Third-Party Driver Companies through the Services. Ifthe driver performs out of ordinary (eg. completely sends you in the wrongdirection) Zofeur will mediate in the extra costs incurred and issue a refund ifproven rightful, if your driver gets a traffic fine while driving your car (due todriver’s mistake), Zofeur takes full responsibility to refund 100% of fineamount in the case the traffic fined is rightfully attributed and not contestedby the Third-party Driver company.

3.1.3. You agree and acknowledge that Zofeur acts solely as an intermediarybetween Clients and Third-Party Driver Companies through the Services. TheSubscription is entered into between you and the relevant Third Party DriverCompany providing the Premium Driver Services.

3.1.4. Zofeur does not endorse any Third-Party Driver Company over another toservice a Client. While we use commercially reasonable efforts to confirm thatThird-Party Driver Companies and Drivers are appropriately licensed andmaintain the required governmental approvals, we do not make any warranty,guarantee, or representation as to the licensing, ability, competence,compliance, quality, or qualifications of any Third-Party Driver Company orDriver. You agree and understand that it is your duty to inquire and evaluatethe licensing, ability, competence, compliance, quality, or qualifications of anyThird-Party Driver Company or Driver. In addition, various Drivers will bepresented to you to determine which one you want to use to provide thePremium Driver Services and you will be responsible for choosing the Driverand hence the relevant Third Party Driver Company employing the Driverwith whom you will enter into a Subscription.

3.1.5. Although Zofeur may require the Third-Party Driver Companies to carrycertain insurances, Zofeur does not warrant or guarantee that Third-PartyDriver Companies or Drivers are covered by any insurance and Zofeur makesno warranty or guarantee with respect to the existence or sufficiency of anysuch insurance.

3.1.6. You understand and acknowledge that:

3.1.6.1. You are solely responsible for the Vehicle Information.

3.1.6.2. Zofeur, any Third-Party Driver Company, and any Driver may relyupon the Vehicle Information without further inquiry.

3.1.7. Unless otherwise agreed by Zofeur in a separate written agreement withyou, the Services are made available solely for your personal, non-commercialuse unless your Account is designated as a business account and you have therequisite licenses, permissions and insurances that permit you to use theServices for this purpose under applicable law and this would not breach anycontractual arrangement that you are party to.

3.1.8. YOU AGREE AND ACKNOWLEDGE THAT: ZOFEUR IS NOT A DRIVERCOMPANY, DOES NOT EMPLOY ANY DRIVERS, DOES NOT PROVIDEPREMIUM DRIVER SERVICES AND THAT ALL DRIVERS ARE EMPLOYED BYTHIRD–PARTY DRIVER COMPANIES.

3.2. Zofeur and Digital Pay Services

3.2.1. Zofeur’s Platform enables easy collaboration, communication, and paymentbetween Clients and Drivers as Clients can communicate requests for DigitalPay Services via the Platform, pay securely for the specific good or servicerequested and verify or confirm each transaction based on invoices uploadedby Drivers onto the Platform. It is your responsibility to ensure thatinstructions and requests for Digital Pay Services are communicated throughthe Platform and to check any invoices uploaded have been authorized by youand reflect the specific instructions you have communicated to the Driver.

3.2.2. In order to provide Digital Pay Services to Clients with a Subscription,Zofeur has engaged with Card Providers to provide Cards to be used byDrivers providing Premium Driver Services. Zofeur has arranged for theprovision of Cards solely to facilitate the provision of Digital Payment Servicesand will be passing back any payments to the Card Providers.

3.2.3. In no way is Zofeur providing financial services to you and you acknowledgeand agree that Zofeur is solely providing a secure payment tool to enable theDriver to use a Card to carry out transactions that you request. You areresponsible to pay in advance via the Platform for any Digital Pay Services toenable a Driver to be able to use the Card assigned to them to pay for goodsand services you are requesting. You are responsible for your use of theDigital Pay Services and ensuring payment is made in advance so that theDriver can complete the requested transactions in a timely manner. Zofeur isin no way responsible for any damage, loss or liability that accrues as a resultof transactions requested by you not being made or completed, incorrecttransactions being made or any action or inaction of a Driver in relation tothese transactions.

3.2.4. You understand and agree that Drivers are not the employees or agents ofZofeur and that any transaction and/or agreement entered into as a result ofyour use of the Digital Pay Services whether oral or written, is between youand the Third-Party Driver Company only and Zofeur is not a party thereto.You acknowledge and agree that Zofeur shall not be responsible forperforming the obligations of any Driver or Third-Party Driver Company andZofeur, hereinafter, disclaims all liability arising from or related to theperformance or conduct of any Driver or Third-Party Driver Company inrelation to Digital Pay Services.

3.2.5. You agree and acknowledge that Zofeur acts solely as an intermediarybetween Clients, Third-Party Driver Companies and Card Providers throughthe Digital Pay Services.

3.2.6. Zofeur does not endorse any Card Provider over another to service a Client.While we use commercially reasonable efforts to confirm that Third-PartyDriver Companies, Drivers and Card Providers are appropriately licensed andmaintain the required governmental approvals, we do not make any warranty,guarantee, or representation as to the licensing, ability, competence,compliance, quality, or qualifications of any Third-Party Driver Company,Driver of Card Provider. You agree and understand that it is your duty toinquire and evaluate the licensing, ability, competence, compliance, quality, orqualifications of any Third-Party Driver Company, Driver of Card Provider.

3.2.7. YOU AGREE AND ACKNOWLEDGE THAT: ZOFEUR IS NOT A FINANCIALSERVICES PROVIDER AND THAT ALL FINANCIAL SERVICES AREPROVIDED BY CARD PROVIDERS.

3.3. Grant of license Subject to your compliance with the Agreement, Zofeur grants you a limited,non-exclusive, non-sublicensable, revocable, non-transferable license to: (i)access and use the Platform on your personal device solely in connection withyour use of the Digital Pay Services; and (ii) access and use any content,information and related materials that may be made available through theDigital Pay Services, in each case solely for your personal, non-commercial useunless your Account is designated as a business account and you have therequisite licenses, permissions and insurances that permit you to use DigitalPay Services for this purpose under applicable law and this would not breachany contractual arrangement that you are party to.. Any rights not expresslygranted herein are reserved by Zofeur and Zofeur’s licensors.

4. User Accounts

4.1. In order to use the Services, you must register for and maintain an active Account.You must be at least 18 years of age to register for an Account or to use anyService. Account registration requires you to submit to Zofeur certain personalinformation, such as your name, email address, gender, date of birth and mobilephone number. You agree and accept that any such information may be shared byZofeur with Third-Party Driver Companies, Drivers and /or Card Providers

4.2. You may only possess one Account.

4.3. Each Client is responsible for maintaining the security of its Account and for allactivities that occur under the Account and any other actions taken in connectionwith the Account. You undertake to provide accurate and complete informationand keep your Account information and your Account updated and to maintain itsconfidentiality. You agree to notify Zofeur at black@zofeur.com immediately ofany unauthorized use of Account, or any other breaches of security. We will not beresponsible for any losses arising out of the unauthorized use of your computer,mobile device, or other computing device and/or Account.

4.4. We reserve the right to suspend or terminate your Account at any time and forany reason, including if any User Content or information provided during theregistration process or thereafter proves to be inaccurate, incomplete, out of date,false or misleading or to reclaim any username that you create through theServices that violates this Agreement.

5. User Requirements and Conduct in relation to Premium Driver Services

5.1. Vehicle related.

5.1.1. You are only allowed to make use of our Services in relation to a vehiclewhere (i) you are the owner the vehicle or (ii) the owner of that vehicle hasconsented that you use the Services in relation to it (such vehicle beingreferred to as “Your Car”).

5.1.2. YOU UNDERTAKE:

5.1.2.1. TO ONLY USE THE SERVICES IF YOUR CAR IS INSURED WITHVALID MOTOR VEHICLE INSURANCE THAT ALLOWS ANYONE WITHA VALID UAE DRIVER’S LICENSE TO DRIVE THE VEHICLE; AND

5.1.2.2. NOT TO DO ANYTHING TO ENDANGER OR INVALIDATE THEINSURANCE COVER IN RESPECT OF YOUR CAR.

5.1.3. YOU ACKNOWLEDGE THAT:

5.1.3.1. ZOFEUR, EACH DRIVER AND EACH THIRD-PARTY DRIVERCOMPANY CAN AND WILL RELY UPON YOUR UNDERTAKINGS ANDACKNOWLEDGEMENTS IN RELATION TO YOUR CAR AND ITSINSURANCE WITHOUT FURTHER ENQUIRY;

5.1.3.2. YOU ARE RESPONSIBLE FOR CLAIMING REIMBURSEMENT OFANY AMOUNTS TO WHICH YOU ARE ENTITLED UNDER THE TERMSOF ANY INSURANCE POLICIES YOU HAVE CONCLUDED;

5.1.3.3. YOU WILL USE YOUR FULL COMPREHENSIVE MOTOR VEHICLEINSURANCE TO CLAIM FOR ANY LOSSES;

5.1.3.4. IF YOU DO NOT PROCURE AND MAINTAIN FULLCOMPREHENSIVE INSURANCE, YOU ARE SOLELY RESPONSIBLE FORANY LOSSES IN CONNECTION WITH YOUR CAR AND ITS USE INCONNECTION WITH THE DRIVER SERVICES.

5.1.3.5. YOU HEREBY INDEMNIFY ZOFEUR IN RESPECT OF ANY LOSSESWHICH IT MAY SUFFER OR INCUR WHICH ARE DIRECTLY ORINDIRECTLY RELATED TO YOUR FAILURE TO OBTAIN ANDMAINTAIN INSURANCE IN RESPECT OF YOUR CAR IN ACCORDANCEWITH THESE TERMS AND APPLICABLE LAW.

5.1.4. You may only use our Services in relation to Your Car:

5.1.4.1. if Your Car is in compliance with the laws and the regulations

5.1.4.2. if Your Car has been regularly maintained and serviced according tothe manufacturer’s recommendations and has all the required safetyequipment.

5.1.4.3. all Your Car’s equipment is in good working order, including tires,brakes, headlights, other lights, steering, and seat belts.

5.1.5. You will not, in your use of the Services, cause nuisance, annoyance,inconvenience, or property damage, whether to any Third-Party DriverCompany, Driver or any other party. You will be solely responsible for the fullfunctionality of Your Car If Your Car fails to function (electrical, mechanical,or other) in any way while the Services are being availed of by you, you will beresponsible for all storage fees, roadside assistance, alternate transportation,and repair of any kind and neither Zofeur nor the Driver or Third-Party DriverCompany shall be responsible in any manner whatsoever.

5.1.6. We do not procure insurance for, nor are we responsible for, damage or lossof any personal belongings or intellectual property whilst providing theServices. These include tapes, records, discs or other similar audio visual ordata electronic devices, any speed measuring equipment within the vehicle orany other accessories of any kind. It is your responsibility to ensure that youremove any personal belongings from the car before and after each DriverService arranged through Zofeur.

5.2. Premium Driver Service related.

5.2.1. To enter a Subscription for Premium Driver Services contact Zofeur atblack@zofeur.com and a Zofeur representative will reach out to you to discussthe different Tiers and to help you decide on the best option to suit yourneeds.

5.2.2. Once you have been onboarded as a Client Zofeur will facilitate Third-PartyDriver Companies providing Drivers for you to consider. Depending on theTier you will either be able to interview them or view their video profiles todecide which Driver will be assigned to you. Please communicate your choiceof Driver to Zofeur via the Platform once you have completed this process tobegin the Subscription.

5.2.3. You have the right to request a change of Driver giving the notice relevantfor your Tier. Any change requests to be submitted via the Platform.

5.2.4. You acknowledge and agree that Drivers will be available to you 6 days perweek for 12 hours per day for the duration of your Subscription. You areresponsible for agreeing the days and times directly with your Chauffeur.Once agreed please communicate these days and times to Zofeur at black@zofeur.com. If there are any issues with Driver attendance or wherethe Driver does not appear in prescribed uniform in accordance with the Tier,please inform Zofeur as soon as possible.

5.2.5. You will be responsible for giving instructions to your Driver directly andcommunication can either be verbal or via the Platform, Any instructions forDigital Payment Services need to be communicated via the Platform aspayment will be required in advance so that the Driver is able to use a Card topay for the transactions you are requesting.

5.2.6. You are responsible for determining who are permitted passengers in YourCar and are responsible for communicating this to the Driver. Please notethat any passenger who is a minor and below the age of 18 can only be apassenger in relation to Accompanied Rides.

5.2.7. You acknowledge and agree that it is your responsibility to:

5.2.7.1. ensure that there are no valuables are left in Your Car at any timewhen you are not a passenger.

5.2.7.2. ensure that minors will only be permitted as passengers in Your Carin Accompanied Rides.

5.2.7.3. report any Incident immediately to Zofeur via the Platform

5.2.8. You acknowledge and agree not to enter into a direct arrangement forchauffeur services or to employ any Driver used by you for Premium DriverServices for a period of 12 months post the last date of use of that Driver. If youwish to hire a Driver for personal use, you undertake to pay an amount equivalentto 12 month’s Charges relevant to the Tier of your Subscription.

6. User Requirements and Conduct in relation to Digital Pay Services

6.1.1. As part of the Premium Driver Services you can request the Driver topurchase goods and services on your behalf and Zofeur has arranged forDrivers to use Cards in order to facilitate this on your behalf.

6.1.2. Digital Pay Services enables you to pay for the goods and services you arerequesting in advance so that the Driver is authorized to use the Card for thecorresponding amount. You acknowledge and agree that the payment forDigital Pay Services has to be completed by you in advance for the Driver tobe able to use a Card and it is your responsibility to ensure that payment ismade to ensure timely completion of any transactions requested.

6.1.3. You will need to set out the purpose for the Digital Pay Services whensubmitting a request and making a payment.

6.1.4. Drivers will upload copies of receipts or any invoices on the Platformimmediately after completing payment via a Card and you must within [ 7 ]days advise Zofeur of any issues with the invoices. You acknowledge andagree that it is your responsibility to check any uploaded invoices to verifythat the correct service or good was purchased.

6.1.5. You understand and acknowledge that:

6.1.5.1. You are solely responsible for the timely submission of requests withappropriate detail setting out the transactions requested and forcompleting payment for Digital Pay Services on the Platform; and

6.1.5.2. You are solely responsible to for verifying the validity of anytransactions undertaken by the Driver using a card and for checking anyinvoices that are uploaded and you undertake to advise Zofeur within [ 7]days of uploading of invoices of any discrepancies or issues with thetransactions carried out by the Driver

6.1.5.3. Zofeur, any Third-Party Driver Company, any Driver and any CardProvider may rely upon any requests made for Digital Pay Services viathe Platform without further inquiry.

7. User warranties

7.1. By accessing or using the Platform Premium Driver Services and/or Digital PayServices, you represent and warrant that: (i) all Vehicle Information was correctand accurate when provided to Zofeur and that you will ensure that all VehicleInformation is updated throughout the term of the Agreement, (ii) you havesafeguarded your Account, log in details and your device used to access the ZofeurServices; (iii) all transaction requests made in relation to Digital Pay Services havebeen authorized by you; (iv) you have the authority to validly enter into and/or bebound by the Agreement; (v) your use of the Services will be solely for lawfulpurposes that are permitted by the Agreement; (vi) your use of the Services willcomply with all UAE local and federal laws, rules, and regulations, and with all ofZofeur’s policies; as amended from time to time and (vii) each Vehicle is owned byan individual person (rather than a corporate entity) and the owner has authorizedyou to use the Vehicle for the purposes of receiving Premium Driver Services ORwhere the Vehicle is owned by a corporate entity, the use of the Vehicle for thepurpose of receiving Premium Driver Services is not in breach of any agreementbetween the User, the owner and/or the relevant corporate entity.

7.2  You further represent and acknowledge that you are over the age of 18. Zofeurdoes not target any Content to children or teenagers under 18, and we do notpermit any Clients under 18 to use our Service, save for Accompanied Rides.Please immediately cease using the Platform if you are under this legal age.

8. Notifications

By creating an Account, you agree that the Services may send you notifications inconnection with the Services. You acknowledge that disabling notifications on yourmobile device will impact your use of the Services adversely.

9. Content

9.1. Zofeur may, in Zofeur’s sole discretion, permit you from time to time to submit,upload, publish or otherwise make available User Content. Any User Contentprovided by you remains your property.

9.2. However, by providing User Content to Zofeur, you grant Zofeur a worldwide,perpetual, irrevocable, transferable, royalty-free license, with the right tosublicense, to use, copy, modify, create derivative works of, distribute, publiclydisplay, publicly perform, and otherwise exploit in any manner such User Contentin all formats and distribution channels now known or hereafter devised (includingin connection with the Services and Zofeur’s business and on third-party sites andservices), without further notice to or consent from you, and without therequirement of payment to you or any other person or entity.

9.3. You represent and warrant that: (i) you either are the sole and exclusive owner ofall User Content or you have all rights, licenses, consents and releases necessaryto grant Zofeur the license to the User Content as set out in the Agreement andhave taken all steps necessary to pass through to any end users any requiredterms; and (ii) neither the User Content nor your submission, uploading, publishingor otherwise making available of such User Content nor Zofeur’s use of the UserContent as permitted herein will infringe, misappropriate or violate a third party’sintellectual property or proprietary rights, or rights of publicity or privacy, orresult in the violation of any applicable law or regulation.

9.4. You agree to not provide User Content that: (i) is unlawful or promotes unlawfulactivity; (ii) defames, harasses, abuses, threatens, or incites violence towards anyindividual or group; (iii) is political, pornographic, discriminatory, or otherwisevictimizes or intimidates an individual or group on the basis of religion, gender,sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutesunauthorized or unsolicited advertising, any other form of unauthorizedsolicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, orother content that is designed or intended to disrupt, damage, or limit thefunctioning of any software, hardware, or telecommunications equipment or todamage or obtain unauthorized access to any data or other information of anythird party; (vi) infringes on any proprietary right of any party, including patent,trademark, trade secret, copyright, right of publicity, or other rights; (vii)impersonates any person or entity, including any of our employees orrepresentatives; or (viii) violates the privacy of any third party.

9.5. We are not responsible for any public display or misuse of your User Content.Users are solely responsible for the content of, and any harm resulting from, anyUser Content that they submit, post, upload, link to or otherwise make availablewhile using the Services. You acknowledge that any liability, loss or damage thatoccurs as a result of any such User Content is solely your responsibility. Youfurther undertake and agree to indemnify and hold us (and any third party)harmless from any liability, loss or damage that may occur as a result of any suchUser Content.

9.6. User Content posted on the Platform, such as blog posts or reviews, is providedfor informational purposes only, with no assurance that such User Content is true,correct, or accurate.

9.7. Except for the Content that originates from Zofeur, we do not claim ownership ofany Content that you post, upload or link to. You retain all ownership of, control of,and responsibility for the User Content you post. By posting any Content includingwithout limitation photos, company logos and reviews via the Platform, youhowever expressly grant Zofeur and our successors a worldwide, sub-licensable,fully paid and royalty-free, and non-exclusive license to use, reproduce, display,modify, adapt, distribute, and perform the Content in connection with Zofeur’sbusiness purpose. This license does not grant Zofeur the right to sell User Contentor otherwise distribute it outside of our Platform.

9.8. Zofeur may from time to time provide you with convenient links to third-partyplatform(s) as well as other Third-Party Content. These links and/or such contentare provided as a courtesy to you and Zofeur has no control over third-partyplatforms or the content, promotions, materials, information, goods or servicesavailable on them. Zofeur is not responsible for any Third-Party Content accessedthrough the Platform, or products or services offered at such third-partyplatforms, whether accessed through the Platform or otherwise. If you decide toleave the Platform and access Third-Party Content, you do so at your own risk andyou should be aware that the Agreement and other Zofeur policies will no longerapply.

9.9. For avoidance of doubt, the Agreement does not authorize you to distribute,publicly display, publicly perform, make available, alter, or otherwise use anyThird-Party Content.

10. Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services.Your mobile network data and messaging rates and fees may apply if you access or use theServices from a wireless-enabled device and you shall be responsible for such rates andfees. You are responsible for acquiring and updating compatible hardware or devicesnecessary to access and use the Services and Platform and any updates thereto. Zofeurdoes not guarantee that the Services, or any portion thereof, will function on anyparticular hardware or devices. In addition, the Services may be subject to malfunctionsand delays inherent in the use of the Internet and electronic communications.

11. Payment

11.1. You understand that use of the Services will result in Charges based on therelevant Tier that you choose to subscribe for as further described at https://www.black.zofeur.com/pricing. Payment for Services to the Third-PartyDriver Companies is due monthly in advance and will be automatically deductedusing the payment method selected by you when setting up your Account. If youhave chosen to pay via bank transfer it is your responsibility to ensure thepayment is received by Zofeur in time to ensure no interruption to yourSubscription. Zofeur shall communicate the cut off time for receipt of any suchbank transfer payment. Charges will be due each month until such time as youchoose to cancel or pause your Subscription in accordance with this Agreement.Zofeur may facilitate your payment of the applicable Charges on behalf of theThird–Party Driver Company through the Platform. Payment of the Charges insuch a manner shall be considered the same as payment made directly by you tothe Third–Party Driver Company. Charges will be inclusive of VAT whereapplicable.

11.2. You understand that when you use Digital Pay Services you are asking forthe use of a Card by a Driver and to facilitate this Zofeur must collect the paymentfor those goods and services from you in advance. You agree that at the time ofrequesting that the Driver purchases goods or services on your behalf you will paythe corresponding amount for the transaction in advance of the transaction beingundertaken. Payment for Digital Pay Services will be made using the paymentmethod you selected when setting up your Account before the correspondingcharges are made on a Card.

11.3. You can pay for your Subscription and for Digital Pay Services by card,Apple Pay or Google Pay though our App. The card details you are asked to submitwill be provided directly to our payment provider via secure connection. You maysave your card details in the App, but these are held by Zofeur’s third-partypayment providers rather than Zofeur itself. The cardholder must retain a copy ofthe relevant transaction records. We accept payments online in AED using Visa,MasterCard credit/debit cards and AMEX. After you have paid for a Subscription,you may be sent a payment receipt on behalf of a Third–Party Driver Company byemail (which is not equivalent to a tax invoice). Tax invoices are available throughthe Platform on request. After you have requested a transaction in relation toDigital Pay Services you may be sent a payment receipt of behalf of [Zofeur] byemail (which is not equivalent to a tax invoice).

11.4. By accepting these Terms, each Client authorizes Zofeur to charge themautomatically for any Charges or Digital Pay Services, without the need for anyadditional notice or consent. The Clients are responsible for providing completeand accurate billing and payment card information to Zofeur and for notifyingZofeur of any changes to such information.

11.5. Any card payments are also governed by the terms and conditions of therespective merchant service provider. Please review the respective merchantservice provider’s terms and conditions and privacy policy before entering intoany transaction.

12. Intellectual Property

12.1. Zofeur retains ownership of all intellectual property rights of any kindrelated to the Platform and Services, including applicable copyrights, patents,trademarks and other proprietary rights. Other trademarks, service marks,graphics and logos used in connection with the Platform and the Services may bethe trademarks of other third parties. The Agreement does not transfer from us toyou any Zofeur or third-party intellectual property, and all right, title, and interestin and to such property will remain (as between the parties) solely with us or therelevant third party (as applicable). We reserve all rights that are not expresslygranted to you under the Agreement.

12.2. Specifically, Zofeur, Zofeur.com, Black.Zofeur.com, Zofeur.ae and all othertrademarks that appear, are displayed, or are used on the Platform from time totime or as part of the Service are trademarks of Zofeur; and may not be copied,downloaded, reproduced, used, modified, or distributed in any way without priorwritten permission from Zofeur.

12.3. If you believe that any material located on or linked to the Platform violatesyour copyright, please notify us. We will terminate a User’s access to and use ofthe Platform if, under appropriate circumstances, the User is determined to beinfringing the copyright or other intellectual property rights of any person.

13. Email Communications

We use email and electronic means to stay in touch with you. For contractual purposes,you (i) consent to receive communications from us in an electronic form via the emailaddress you have submitted or via the Platform; (ii) undertake to submit a valid and activeemail address via the Platform and to ensure that the registered email address is updatedas necessary; and (iii) agree that all terms and conditions, agreements, notices, disclosures,and other communications that we provide to you electronically satisfy any legalrequirement that such communications would satisfy if it were in a physical writing ortraditional mailing; and (iv) without prejudice to (i) and (ii) above, you undertake to complywith clause 19.1 in respect of any notification to Zofeur.

14. Disclaimers

14.1. The Services are provided “as is” and “as available.” Zofeur disclaims allrepresentations and warranties, express, implied, or statutory, not expressly setout in these terms, including the implied warranties of merchantability, fitness fora particular purpose, and non-infringement. In addition, Zofeur makes norepresentation, warranty, or guarantee regarding the reliability, timeliness,quality, suitability, or availability of the Services or any services or goodsrequested through the use of the Services, or that the Services will beuninterrupted or error-free or be secure. Zofeur does not guarantee the quality,suitability, safety, or ability of Drivers, Third-Party Driver Companies or CardProviders. Zofeur makes no representation or warranty that the information weprovide or that is provided through the Services is accurate, reliable, or correct;that the Services, Premium Driver Services or Digital Pay Services will meet yourrequirements; that the Services, Premium Driver Services or Digital Pay Serviceswill be available at any particular time or location, that any defects or errors willbe corrected; or that the Services, Premium Driver Services or Digital Pay Servicesare free of computer or technical viruses or other harmful components.

14.2. You agree that the entire risk arising out of your use of the Services, and anyservice or good requested in connection therewith, remains solely with you, to themaximum extent permitted under applicable law.

15. Limitation of Liability

115.1. Zofeur shall not be liable for indirect, incidental, special, exemplary, punitiveor consequential damages, including lost profits, lost data, personal injury orproperty damage related to, in connection with, or otherwise resulting from anyuse of the Services, even if Zofeur has been advised of the possibility of suchdamages. Zofeur shall not be liable for any damage, liability, theft, or loss arisingout of: (i) your use of or reliance on the Services or your inability to access or usethe Services; or (ii) any transaction or relationship between you and any ThirdParty Driver Company, even if Zofeur has been advised of the possibility of suchdamages. Zofeur shall not be liable for delay or failure in performance of theServices, any Driver Service, or any part thereof.

15.2. The Services may be used by you to request a Driver for Your Car from aThird-Party Driver Company, but you agree that Zofeur has no responsibility orliability to you related to any Driver Services other than as expressly set forth inthese terms.

15.3. YOU ARE RESPONSIBLE FOR CLAIMING REIMBURSEMENT OF THECOST OF ANY DAMAGES UNDER THE TERMS OF ANY INSURANCE POLICIESYOU HAVE CONCLUDED. YOU AGREE NOT TO HOLD ZOFEUR LIABLE FORANY DAMAGE, LOSS, AND/OR INJURY TO YOUR VEHICLE, PERSONS, ORPROPERTY.

15.4. You agree not to hold any Third-Party Driver Companies, nor any Driverprovided by it, liable for any damage, loss, and injury to Your Car, persons, orproperty where the relevant authorities decided that the Driver was not at fault.

15.5. YOU AGREE NOT TO HOLD ANY THIRD–PARTY DRIVER COMPANYNOR ANY DRIVERS PROVIDED BY ANY OF THEM, LIABLE FOR ANY DAMAGE,LOSS, AND/OR INJURY TO YOUR CAR, PERSONS, OR PROPERTY EXCEEDINGTHE LOWER OF (I) AMOUNT OF THE EXCESS PROVIDED FOR BY YOURMOTOR VEHICLE INSURANCE AND (II) AED 1000 PER INCIDENT. You agree tosafeguard valuable items in Your Car and not to hold Third-Party DriverCompanies liable for theft by any Driver provided by them.

15.6. If an Incident occurs, the User should immediately notify Zofeur atblack@zofeur.com, providing as much detail as possible. Zofeur will not accept anycomplaints if the Incident is reported more than 2 hours after the time at whichthe Incident occurred.

15.7. The limitations and disclaimer in this clause 15 do not purport to limitliability or alter your rights as a consumer to the extent any such limitations oralterations cannot be excluded under applicable law.

16. Indemnity

16.1. You agree, to indemnify and hold Zofeur and its officers, directors,employees and agents harmless from and against any and all Losses arising out ofor in connection with: (i) your use of the Services or services or goods obtainedthrough your use of the Services or your violation of the Agreement; (ii) any injury,accident, physical or property damage, loss of profit, property or businessreputation, or otherwise that may be caused by you as a result of use of anyService or services or goods obtained through your use of the Services; (iii) errors,mistakes, or inaccuracies of your User Content, and/or information available on orthrough the Platform, or (iv) your unauthorized access to or use of our serversand/or any and all personal information stored therein, and/or any interruption orcessation of transmission to or from our servers, and/or any bugs, viruses, trojanhorses, or the like, which may be transmitted by you to or through the Platform,and/or (v) failure or delay in the execution of any transactions through thePlatform, the Card Provider and/or the Services or, (vi) dispute, conflict ordisagreement between Users or a User and a Driver or Third–Party DriverCompany in connection with the use of the Services; (vii) failure to ensure that anyDriver, Third Party Driver Company or Card Provider is lawfully licensed,registered and/or conducting business (as applicable) in the UAE and maintainsthe required government approvals to perform the Premium Driver Services.

16.2. You release Zofeur from any and all damages (actual and consequential) andLosses of every kind and nature, arising in connection with any dispute betweenyou and a Driver and/or a Driver or Third-Party Driver Company.

16.3. The Client agrees that Zofeur and each Driver and/or Third-Party DriverCompany jointly and severally have the power to file and pursue lawsuits againstthe Client in respect of any claims, demands, actions, Losses, damages, fines,charges, liabilities, costs, and expenses which have been suffered or incurred byZofeur and/or a Driver or Third-Party Driver Company, directly or indirectly, andthat have been caused by the Client as a result of the Client’s use of any Serviceand/or Driver Service.

16.4. The Client further agrees that, in the event a Driver or Third–Party DriverCompany obtains a court judgment in its favour in respect of a lawsuit filed againstZofeur in relation to any Losses which have been caused by the Client, we shall beentitled to file a lawsuit against the Client and recover any amount that we had topay to the relevant Driver or Third-Party Driver Company as a result of theoriginal lawsuit filed against us by the relevant Driver or Third-Party Driver Company.

16.5. You agree that in no event will Zofeur be liable, responsible or otherwise, toyou or to third parties for any damages or Losses that may arise from (i) the failure,interruption or disruption of any service to maintain your access to the Platformor the Services, regardless of whether the service is provided by Zofeur or a thirdparty or (ii) the quality, accuracy, timeliness, speed, reliability, performance of anyPremium Driver Service, Digital Pay Service and/or the Platform, completeness ordelays, breach, omissions, or interruptions in the delivery of any Premium DriverService or Digital Pay Service (including without limitation any breach by a Driver,Third-Party Driver Company or Card Provider of any obligation) or (iii) errors,mistakes, or inaccuracies of any Content and/or information available on orthrough the Platform, or (iv) any unauthorized access to or use of our serversand/or any and all personal information stored therein, and/or any interruption orcessation of transmission to or from our servers, and/or any bugs, viruses, trojanhorses, or the like, which may be transmitted to or through the Platform by anythird party, and/or (v) any failure or delay in the execution of any transactionsthrough the Platform and/or the Services or, (vi) any dispute, conflict ordisagreement between Users or Users and a Driver, Third-Party Driver Companyor Card Provider in connection with any Services, Premium Driver Services,Digital Pay Services or cancellation of any Subscription; and (vii) any refund, loss ofprofits, loss of business reputation (whether incurred directly or indirectly), anyinjury or accident or physical or property damage or health issues or otherwisethat may occur to a Client as a result of use of any Premium Driver Service orDigital Pay Service.

17. Cancellation / Pausing of Subscription and Termination

17.1. You may elect to cancel or pause your Subscription for Premium DriverServices giving Zofeur the appropriate advance notice for your Tier as set out at https://www.black.zofeur.com/pricing

17.2. Upon receipt of a notice to pause a Subscription at black@zofeur.com or viathe Platform, no refunds will be made but the Subscription will be paused untilsuch time as you contact Zofeur to activate the Subscription. A Subscription canonly be paused for a maximum of (30 days) after which time it will automatically bemarked as a cancellation and the cancellation provisions of clause 17.3 shall apply.

17.3. Upon receipt of a notice to cancel your Subscription at black@zofeur.com orvia the Platform, your Subscription shall subject to all other payments in relationto Digital Pay Services or any other amounts due from you under this Agreementbeing made, terminate on the day falling the next day from the end of the noticeperiod for your Tier, or alternatively, you can communicate a date falling aftersuch date on which you want the Subscription to terminate (“Termination Date”)To the extent the Termination Date falls within the period for a Subscription youwill be refunded any advance Charges made pro rata for the days and hours thatwere not utilized during the period for that Subscription.

17.4. If you wish to terminate the Agreement and there is no active Subscription,you may simply discontinue using the Platform. If you wish to delete your Accountdata, please contact us at black@zofeur.com or via the Platform. We will retainand use your information as necessary to comply with our legal obligations,resolve disputes, and enforce our agreements, and, following request, we willdelete your full profile to the extent possible (if applicable).

17.5. We may terminate your access to all or any part of the Platform at any time,with or without cause, with or without notice, effective immediately.

17.6. All provisions of the Agreement which by their nature should survivetermination will survive termination, including, without limitation, clauses 5.4, 9.5,15, 16, 17, 18 and 19 and any other warranty disclaimers, indemnities andlimitations of liability.

18. Governing Law and Dispute Resolution

18.1. This Agreement and any access to or use of the Platform or the Services aregoverned by the laws of the United Arab Emirates as applied by the Courts ofDubai.

18.2. Zofeur and any User will each endeavour to amicably settle any disputewhich may arise in connection with the Agreement or any Service (a “Dispute”). Inthe event that amicable settlement is not possible in connection with a Dispute,the Courts of Dubai shall have exclusive jurisdiction to settle the same.

19. Other Provisions

19.1. NoticeZofeur may deliver any notices to you by means of electronic mail to the email addressspecified in connection with your Account or by each of electronic notifications throughthe Platform. You must deliver any notices to Zofeur by means of electronic mail to black@zofeur.com

19.2. General

19.2.1. You may not assign or transfer its rights and/or obligations under theAgreement in whole or in part without Zofeur’s prior written approval. Youagree that Zofeur may assign or transfer its rights and/or obligations underthe Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii)any person or group of persons acquiring shares in Zofeur or Zofeur’sbusiness or assets (or any part thereof); or (iii) a successor by merger. No jointventure, partnership, employment or agency relationship exists between you,Zofeur, any Driver, any Third-Party Driver Company and/or any CardProvider as a result of the contract between you and Zofeur or use of the Services

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

19.3. Interpretation

19.3.1. Headings and captions in the Agreement are for convenience only and in noway define or describe the scope or content of any provision of the Agreement.

19.3.2. Wherever used herein and required by the context, the singular numbershall include the plural, the plural shall include the singular number, and theuse of either gender shall include both genders

19.3.3. The words “hereof” and “herein” and “hereafter” shall refer to the entireAgreement and not to any provision, clause or section.

19.4. The words “including” and “include” mean “including, but not limited to” .

19.5. Contact usIf you have any questions, comments and requests related to the Agreement or any part ofthe Services, please contact us at black@zofeur.com

You acknowledge that you have read, understood, and accepted to be bound by theseTerms and by accessing the Services or the Platform, or using the Services or the Platformyou agree to be bound by these Terms and the Agreement.