TERMS & CONDITIONS

Effective Date: April 15, 2020

1. Contractual Relationship

1.1. These terms of service constitute a legally binding agreement (the “Agreement”) is made and entered into as of the Effective Date by and between:

A. Carlee Technologies FZ-LLC, a company with its registered office at In5 Tech, Dubai, United Arab Emirates (Registration number 96722) (“we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”) including SWFTBOX DELIVERY SERVICES ("SWFTBOX"); and

B. User (“you”) which refers to an individual, legal entity, or other using our applications, websites, or other channels to learn about, book, or use transportation, delivery, or other services we have on offer.

SWFTBOX and the User may be referred to collectively herein as the “Parties” and individually as a “Party” (as the case may be and the context may so dictate).

1.2. This Agreement governs your use of SWFTBOX’s smart applications, websites, and other products and service, collectively referred to as the “SWFTBOX Platform”. The right to manage the SWFTBOX Platform might be licensed by SWFTBOX to a relevant Affiliate which provides the user the right to access the SWFTBOX Platform in the relevant jurisdiction. Where an Affiliate does not exist, the right to access the SWFTBOX Platform will be provided to the user by SWFTBOX.

1.3. We encourage you to read this agreement carefully before using or accessing the SWFTBOX Platform. In case you do not agree to the full terms and conditions set ou in this agreement, you may not use or access the SWFTBOX Platform. Your access and use of the SWFTBOX Platform constitutes your agreement to the full terms and conditions of this Agreement, which establishes a contractual relationship between you and SWFTBOX. SWFTBOX reserves the right to terminate this Agreement with any user and stop cease offering or deny access to the SWFTBOX Platform or any other product or service at any time for any reason and without notice.

1.4. In case additional products or services are offered that require supplemental terms, such supplemental terms will be disclosed to the user and will be considered to be part of this Agreement. Such supplemental terms would supersede this Agreement in the event of a conflict in relation to the additional products or services.

1.5. Our business changes constantly, and our Privacy Policy and Terms & Conditions may therefore also need to change. We will post the current version of this Agreement on our website and smart application, and each such change will be effective upon posting or upon the date designated by us as the "effective date".We may e-mail periodic reminders of our notices and conditions, but you should check the SWFTBOX Platform frequently to see recent changes. It is your obligation to regularly check this Agreement. Your continued use our Platform following any such change constitutes your agreement to this Privacy Policy as so modified.

1.6. SWFTBOX collects and processes your Personal Data in accordance with its Privacy Policy located at https://www.swftbox.com. The Privacy Policy applies to all of SWFTBOX’s Services and its terms are made a part of this Agreement by this reference. Where applicable, you agree and consent to SWFTBOX and its Affiliates collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy. You acknowledge that SWFTBOX may disclose Personal Data of other individuals to you in the course of your use of SWFTBOX’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by SWFTBOX, and not for any other unauthorized purposes.

1.7. 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 (where allowed by and in compliance with local law). Communications from SWFTBOX, its affiliated companies and/or Partners, may include but are not limited to: operational communications concerning your User account or use of the SWFTBOX Platform or Services, updates concerning new and existing features on the SWFTBOX Platform, communications concerning promotions run by us or our third- party partners, and news concerning SWFTBOX and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact support@swftbox.com and/or review the Privacy Policy for further information.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

2.1. “SWFTBOX Platform” means the smart mobile applications and websites made available by SWFTBOX to Users and Partners;

2.2. “SWFTBOX” means SWFTBOX Delivery Services

2.3. “SWFTBOX Policies” means the following:

2.3.1. the Privacy Policy;

2.3.2. the SWFTBOX Partner Code of Conduct or the SWFTBOX User Code of Conduct may be applicable; and

2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.5. “Privacy Policy” means our privacy policy accessible at www.swftbox.com as amended from time to time;

2.6. “Service” means the linking of Users to Partners through the SWFTBOX Platform or any other products or services provided by SWFTBOX;

2.7. “Partner” means the independent third parties who provide the Services to Users, including third party merchants;

2.8. “User” means any person who uses the SWFTBOX Platform; and

2.9. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.

3. Representations, Warranties and Undertakings

3.1. The SWFTBOX Platform provides a digital marketplace where Users who seek transportation services, delivery of goods, products, and/or logistics services (“Services”) can be matched with drivers and/or operators (“Partners”) who can provide the Services. Each User must create an account that enables access to the SWFTBOX Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Partner or other third party provider to a User shall constitute a separate agreement between such persons.

3.2. By using the Service, you represent, warrant / undertake that:

3.2.1 You have legal capacity to enter into the Agreement and that you are at least 18 years of age. You cannot enter into the Agreement if you are below 18 years of age;

3.2.2 You will be provided access to the SWFTBOX Platform by SWFTBOX and will have the option of creating a user accounts (“Account”), which is required to user the products and services available through the SWFTBOX Platform. Account creation will require you to provide information such as your name, email address, phone number, gender, home address, work address, and other information. Failure to keep your information complete, accurate, and up to date may affect the quality of the products and services delivered to you through the SWFTBOX Platform, and might prevent you from accessing your personal information, opt in or out of marketing preferences, or other functionalities reliant on accurate information;

3.2.3 When using the SWFTBOX Platform, you agree to comply with all laws applicable to you and/or your use of the SWFTBOX Platform. You will only use the SWFTBOX Platform for its intended and lawful purposes. Additionally, you will not use the SWFTBOX Platform for sending or storing any unlawful material or for fraudulent purposes;

3.2.4 You will be responsible for maintaining the confidentiality of your Account, personal information, and password. Additionally, you will be responsible for any and all activities that happen within your account, whether or not these activities are within or out of your control;

3.2.5 You may not transfer the use of your Account to any third parties.;

3.2.6 You agree to notify us promptly if you have any reason to believe that the security of your account has been compromised. Unless otherwise permitted by SWFTBOX in writing, you may only possess one Account;

3.2.7 You will not attempt to commercially exploit any part of the SWFTBOX Platform without our permission, including without limitation modify in anyway any of the SWFTBOX Platform content, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

3.2.8 You will not try to interrupt or harm any part of the SWFTBOX Platform in any way;

3.2.9 You will provide SWFTBOX proof of identity or other documents to access or use the SWFTBOX Platform in certain cases. You agree that you may be denied access to or use of the SWFTBOX Platform if you refuse to provide the requested documents;

3.2.10 You will not use the SWFTBOX Platform to cause nuisance, annoyance, or inconvenience, to make fake bookings, or to behave in an inappropriate or disrespectful manner towards SWFTBOX, its Partners, or any third party;

3.2.11 You will only use an access point or data account which you are authorized to use;

3.2.12 You agree that the Service is provided on a reasonable effort basis;

3.2.13 You agree that your use of the Service will be subject to SWFTBOX’s Privacy Policy;

3.2.14 You agree to assist SWFTBOX with any internal or external investigations as may be required by SWFTBOX in complying with any prevailing laws or regulations in place; and

3.2.15 Failure to comply with the terms of this section or any part of this agreement may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the SWFTBOX Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.

3.2.16 Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least thirteen (13) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;

3.2.17 You shall not contact the Partner for purposes other than the Service;

3.2.18 You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or the Vehicle;

3.2.19 You acknowledge and agree that only one (1) account can be registered on one device;

3.2.20 You acknowledge that content and material provided through the SWFTBOX Platform is intended to be a reliable source upon which decision are made. Therefore, SWFTBOX will not be liable or responsible for the outcomes or repercussions of any decisions made based on content or material provided through the SWFTBOX Platform, by any User or anyone who might have been informed of such content or material. In addition, content or material on the SWFTBOX Platform might be out of date due at any given time due to service upgrades, updates, or other reasons, and SWFTBOX is under no obligation to keep such content or material updated;

3.2.21 You are aware that neither SWFTBOX nor its affiliates are or function as transportation or logistics services providers, nor do we own any vehicles. These services are provided strictly through our Partners who assume full responsibility for the vehicles they own and/or operate;

3.2.22 You acknowledge that we may close indefinitely or suspend access to the SWFTBOX Platform should the need to do so arises. We are under no obligation to provide Users with advanced notice of any service disruption, suspension, or closure;

3.2.23 You are aware that different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

3.2.24 You acknowledge that Users, Partners, or Third Party Providers may be allowed to rate each other in respect of Solutions provided. Every rating will be automatically logged onto SWFTBOX’s system and SWFTBOX may analyze all ratings received. SWFTBOX may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

3.2.25 Any complaints between Third Party Providers and Users must be taken up with each other directly.

3.2.26 The SWFTBOX Platform may be made available or accessed in connection with third party services and content (including advertising) that SWFTBOX does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. SWFTBOX does not endorse such third party services and content and in no event shall SWFTBOX 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 SWFTBOX 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 SWFTBOX Platform in any manner. Your access to the SWFTBOX Platform using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.

3.2.27 You acknowledge that portions of the Services may be made available under SWFTBOX’s various brands or request options, including transportation request brands and the logistic request brands. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including transportation company drivers or holders of similar transportation permits, authorizations or licenses. It is at SWFTBOX’s discretion which brands or request options are made available to you.

3.2.28 You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and

3.2.29 You agree that SWFTBOX may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account;

4. License

Subject to all of the terms and conditions of this Agreement, SWFTBOX grants you a revocable, nonexclusive, nontransferable, nonsublicensable, limited, license to use the SWFTBOX Platform including all the content, information, and materials available through the SWFTBOX Platform. You may use the SWFTBOX Platform solely for your personal use or for your internal business purposes. Any rights not expressly granted through this Agreement are reserved by SWFTBOX.

5. Intellectual Property Ownership & Confidentiality

5.1. Intellectual Property Ownership

5.1.1 SWFTBOX and its Affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the SWFTBOX Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Users, Partners, or any other party relating to the Service.

5.1.2 This Agreement does not constitute a sale agreement and does not convey to you any rights of ownership in or related to the Service, the SWFTBOX Platform, or any intellectual property rights owned by SWFTBOX and/or its Affiliates. SWFTBOX’s name, SWFTBOX’s logo, the Service, the SWFTBOX Platform and the Partners or third party transportation providers’ logos and the product names associated with the SWFTBOX Platform are trademarks of SWFTBOX, its Partners, or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term SWFTBOX Platform herein shall include its respective components, processes and design in its entirety.

5.2. Confidentiality

5.2.1 You shall maintain in confidence all information and data relating to SWFTBOX, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of SWFTBOX (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from SWFTBOX, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without SWFTBOX’s prior written consent, disclose such information to any third party nor use it for any other purpose.

5.2.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

5.2.2.1. was at the time of receipt already in your possession;

5.2.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

5.2.2.3. was received from a third party having the right to disclose it; or

5.2.2.4. is required to be disclosed by law.

6. Payments & Charges

6.1. As a User, you agree to pay any amounts charged by SWFTBOX (the “SWFTBOX Fee”) (if applicable in your jurisdiction) and amounts charged by Partners or other independent third party provider for providing Services to you (“Charges”). SWFTBOX Fees and Charges are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the SWFTBOX Platform, our decision to terminate or suspend your access to the SWFTBOX Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.2. After you have received Services from a Partner or other independent third party provider, SWFTBOX: (i) may facilitate your payment of the applicable Charges on behalf of the Partner as such Partner’s limited payment collection agent and (ii) may collect any applicable SWFTBOX Fee directly from you or, in the case of a cash payment, from the relevant Partner. Payment of the Charges and SWFTBOX Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Partner or other independent third party provider or to SWFTBOX, as applicable. Charges and SWFTBOX Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and SWFTBOX Fees paid by you are final and non-refundable, unless otherwise determined by SWFTBOX.

6.3. All Charges and SWFTBOX Fees are due immediately and payment will be facilitated by SWFTBOX using the preferred payment method designated in your Account, after which SWFTBOX or a Partner, as applicable, 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 SWFTBOX may, on its own behalf, and as the Partner’s limited payment collection agent, use a secondary payment method in your Account, if available.

6.4. As between you and SWFTBOX, SWFTBOX reserves the right to establish, remove and/or revise SWFTBOX Fees at any time in SWFTBOX’s sole discretion. Charges may also be varied or revised at any time without your consent. SWFTBOX will use reasonable efforts to inform you of Charges and SWFTBOX Fees that may apply, provided that you will be responsible for Charges and SWFTBOX Fees incurred under your Account regardless of your awareness of such Charges or SWFTBOX Fees, as applicable, or the amounts thereof.

6.5. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of Partners’ vehicle as a result of your misuse of the Service or breach of the Terms of Use herein. SWFTBOX may facilitate payment for reasonable cost of such repair or cleaning on behalf of our Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by a Partner or Third Party Provider has been verified by SWFTBOX. Such amounts will be transferred by SWFTBOX to the applicable Partner and are non-refundable.

7. Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs

7.1. SWFTBOX, 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 SWFTBOX. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). SWFTBOX reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that SWFTBOX 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.

7.2. 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 general public (whether posted to a public form or otherwise), unless expressly permitted by SWFTBOX; (iii) may be disabled by SWFTBOX at any time for any reason without liability to SWFTBOX; (iv) may only be used pursuant to the specific terms that SWFTBOX establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) SWFTBOX may establish additional terms relating to specific promotions. SWFTBOX 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 SWFTBOX 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.

7.3. As part of your User account, SWFTBOX may provide you with or allow you to create a “SWFTBOX 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 Partners (“Referred Partners”). SWFTBOX Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your SWFTBOX Code. You are prohibited from advertising SWFTBOX Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. SWFTBOX reserves the right to deactivate or invalidate any SWFTBOX Code at any time in SWFTBOX’s sole discretion.

7.4. As part of your User account, SWFTBOX may provide you with access to a feature in the SWFTBOX application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“SWFTBOX Credit”); and/or (iii) transfer SWFTBOX Credit to or receive SWFTBOX Credit from other Users, against payment of any applicable SWFTBOX Fees and subject to any limits on the number of transfers or the amount of SWFTBOX Credit you can send and/or receive, which Fees and limits may be modified by SWFTBOX from time to time.

7.5. When transferring SWFTBOX Credit balance to another User, the amount transferred and the applicable SWFTBOX Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of SWFTBOX Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, SWFTBOX is merely enabling the transfer of SWFTBOX Credit balance and is no way responsible for the actions of the individual Users, including the reason for which SWFTBOX Credit is transferred by or to you.

7.6. You may be entitled to purchase bundles of SWFTBOX Credit (“SWFTBOX Bundles”) or you may receive trip discounts ("Trip Discounts") or service discounts (“Service Discounts”) that you can apply toward payment of certain Services.

7.7. SWFTBOX Bundles, SWFTBOX Credits, Trip Discounts and Service Discounts are only valid for use on the SWFTBOX Platform, and are not transferable or redeemable for cash and may only be used for certain Services. SWFTBOX Bundles, Trip Discounts and Service 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.

7.8. Additional restrictions on SWFTBOX Bundles, SWFTBOX Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. SWFTBOX may cancel, or vary the terms, relating to any SWFTBOX Bundles, SWFTBOX Credits, Trip Discounts or Service Discounts at any time in its sole discretion.

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

7.10. The ability to access mobile top up services is made available to you through the SWFTBOX Platform and is subject to change and availability. SWFTBOX is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the SWFTBOX Platform.

7.11. You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the SWFTBOX Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. SWFTBOX shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.

7.12. The top up mobile recharge cost will change depending on the denominations indicated on the SWFTBOX Platform. The total cost, number recharged and the relevant mobile operator will be shown on the SWFTBOX Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the SWFTBOX Platform.

8. Restricted Activities

8.1. With respect to your use of the SWFTBOX Platform and your participation in the Services, you agree that you will not:

8.2. Impersonate any person or entity;

8.3. Stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons;

8.4. Violate any law, statute, rule, permit, ordinance or regulation;

8.5. Interfere with or disrupt the Services or the SWFTBOX Platform or the servers or networks connected to the SWFTBOX Platform;

8.6. Post information or interact on the SWFTBOX Platform or with respect to 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;

8.7. Use narcotics or alcohol;

8.8. Use the SWFTBOX 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;

8.9. 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;

8.10. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the SWFTBOX Platform;

8.11. Frame or mirror any part of the SWFTBOX 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;

8.12. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the SWFTBOX Platform or any software used on or for the SWFTBOX Platform;

8.13. Rent, lease, lend, sell, redistribute, license or sublicense the SWFTBOX Platform or access to any portion of the SWFTBOX Platform;

8.14. Use any robot, spider, site search/retrieval 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 SWFTBOX Platform or its contents;

8.15. Link directly or indirectly to any other web sites;

8.16. Transfer or sell your User account, password and/or identification to any other party;

8.17. 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;

8.18. Cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Partner shall be permitted to refuse to provide you Services or, if such Services have commenced, a Partner shall be permitted to refuse to continue to provide you Services.

9. Disclaimers; Limitation of Liability; Indemnity

9.1. DISCLAIMER

9.1.1. THE SWFTBOX PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SWFTBOX 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. IN ADDITION, SWFTBOX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SWFTBOX PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE SWFTBOX PLATFORM, OR THAT THE SWFTBOX PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SWFTBOX AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PARTNERS OR THEIR DRIVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SWFTBOX PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

9.1.2. SWFTBOX AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, PARTNER, MOBILE OPERATOR, OR ANY OTHER THIRD PARTY. YOU ARE ENCOURAGED TO USE A REASONABLE DEGREE OF SENSIBILITY AND CAUTION WHEN INTERACTING WITH OTHER USERS, PARTNERS OR ANY OTHER THIRD PARTY.

9.1.3. WE ARE NOT REQUIRED TO PROCURE INSURANCE FOR, NOR ARE WE RESPONSIBLE FOR PRIVATE BELONGINGS, INCLUDING THE LOSS OF PRIVATE BELONGINGS AS A RESULT OF THEFT OR SNATCHING OR BECAUSE THE BELONGINGS ARE LEFT A VEHICLE.

9.1.4. BY USING THE SWFTBOX PLATFORM AND PARTICIPATING IN THE SERVICES, YOU AGREE TO ACCEPT SUCH RISKS AND AGREE THAT SWFTBOX IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS, PARTNERS, MOBILE OPERATORS, OR ANY OTHER THIRD PARTY.

9.1.5. YOU ACKNOWLEDGE THAT SWFTBOX MAY HAVE ITS OWN INSURANCE COVERAGE FROM WHICH YOU MAY BENEFIT. IN THE EVENT THEREOF, YOU AGREE TO PROVIDE PROPER NOTIFICATION OF AN INSURANCE CLAIM AND ACCEPT THE BENEFIT OF ANY INSURANCE SERVICE PROVIDED AT YOUR OWN RISK AND YOU HEREBY ACKNOWLEDGE THAT SWFTBOX IS NOT ACTING AS A BROKER IN CONNECTION THEREWITH, NOR DOES IT PROVIDE ANY GUARANTEES, WARRANTIES OR ANY OTHER ASSURANCES IN CONNECTION THEREWITH.

9.1.6. SWFTBOX AND ITS AFFILIATES EXPRESSLY DISCLAIM 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.

9.1.7. LOCATION DATA PROVIDED BY THE SWFTBOX 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 SWFTBOX, NOR ITS AFFILIATES NOR ANY OF ITS CONTENT PROVIDERS, GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF LOCATION DATA TRACKED OR DISPLAYED BY THE SWFTBOX PLATFORM. ANY OF YOUR INFORMATION, INCLUDING GEOLOCATIONAL DATA, YOU UPLOAD, PROVIDE, OR POST ON THE SWFTBOX PLATFORM MAY BE ACCESSIBLE TO SWFTBOX, SELECTED PARTNERS AND RELEVANT PARTNERS.

9.1.8. THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. SWFTBOX IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

9.2. LIMITATION OF LIABILITY

9.2.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST SWFTBOX BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. SWFTBOX AND/OR ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

9.2.2. LOST PROFITS, LOST DATA, DAMAGE, PROPERTY DAMAGE, OR PERSONAL INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR THE SWFTBOX PLATFORM,;

9.2.3. THE USE OR INABILITY TO USE THE SERVICE OR THE SWFTBOX PLATFORM;

9.2.4. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY DATA OR ADVERTISING; OR

9.2.5. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, PARTNER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE OR THE SWFTBOX PLATFORM,

EVEN IF SWFTBOX AND/OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2.6. SWFTBOX DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS, PARTNERS, OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE SWFTBOX FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING PARTNERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

9.2.7. SWFTBOX WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND PARTNERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH SWFTBOX, SWFTBOX CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE OR THE SWFTBOX PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE SWFTBOX FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, AND/OR THE SWFTBOX PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING PARTNERS, THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, AND/OR THE SWFTBOX PLATFORM.

9.2.8. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SWFTBOX PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER OR THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO USERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

9.2.9. THE SWFTBOX PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH PARTNERS AND DRIVERS BUT YOU AGREE THAT SWFTBOX, ITS AFFILIATES, AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY PARTNERS OR DRIVERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

9.3. Indemnity

You agree to indemnify and hold SWFTBOX, its Affiliates, and other partners and their 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 SWFTBOX Platform and the Services or services or goods obtained through your use of the SWFTBOX Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Partners.

10. Dispute Resolution

10.1. 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 SWFTBOX Platform or Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and SWFTBOX if no other Affiliate is incorporated in your jurisdiction, except that each party retains 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.

10.2. You acknowledge and agree that you and SWFTBOX are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

10.3. 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.

10.4. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and SWFTBOX and/or any of its Affiliates.

10.5. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the SWFTBOX 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 a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are 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 in the city in which the applicable Affiliate with which you have a Dispute has its registered office. 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.

11. Other Provisions

11.1. Choice of Law

This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

11.2. Claims of Copyright Infringement

Claims of copyright infringement should be sent to SWFTBOX at support@swftbox.com.

11.3. Notice

SWFTBOX may give notice through the SWFTBOX Platform, electronic mail to your email address in our records, or by written communication sent by registered mail or pre-paid post to your address in our records. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to SWFTBOX (such notice shall be deemed given when received by SWFTBOX) by letter sent by courier or registered mail to SWFTBOX using the contact details as provided in the SWFTBOX Platform.

11.4. Assignment

This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of SWFTBOX but may be assigned without your consent by SWFTBOX. Any purported assignment by you in violation of this section shall be void.

11.5. Relationship

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with SWFTBOX.

11.6. Severability

If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

11.7. No Waiver

The failure of SWFTBOX to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

11.8. Entire Agreement

This Agreement comprises the entire agreement between you and SWFTBOX and supersedes any prior or contemporaneous negotiations or discussions.

11.9. Suspension Termination

You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

11.10. No Third Party Rights or Assignment

This agreement does not give rights to any third parties who are not party to this Agreement.