1. General
1.1. These Terms cover your access to and use of the 1bena mobile app and/or website (the ” Terms “). You must carefully read and accept the Terms before accessing and using the 1bena mobile application and/or website. Your acceptance of these Terms establishes a contractual relationship between you and 1bena. If you do not agree to these Terms, you will not be able to access or use the 1bena mobile app and/or website.
1.2. These Terms apply to the extent that they do not conflict with any other user agreements or supplemental terms that specifically apply to 1bena’s mobile app and/or website. You will be asked to agree to these terms separately.
1.3. 1bena acts as the agent for the Third Party Providers providing Third Party Services and as the service provider for the Services Provided by 1bena .
2. The Services of the Applications or Websites
2.1. The Services Provided by 1bena consist of:
2.1.1. Access and use of 1bena’s mobile application and/or website that allow you to request and receive Third Party Services and/or Services Provided by 1bena.
2.1.2. Payment collection and processing services (including the issuance of invoices and receipts on behalf of Third Party Providers) that allow us to collect and pay fees to the bank account of Third Party Providers for Third Party Services or 1bena for Services Provided by 1bena.
2.3. The 1bena mobile app and/or website will be available to you under various 1bena Brands.
2.4. Unless otherwise agreed in writing, the services of the Application / Website are made available to you solely for your personal and non-commercial use.
2.5. When and where it is available, you may request and receive Third Party Services or Services Provided by 1bena through the 1bena Mobile Application and/or Website.
3. Third Party Services
3.1. Regarding Third Party Services, 1bena does not provide the Third Party Services. All Third Party Providers are independent contractors, registered companies, or other legal entities that are not employed by 1bena.
3.2. When you are connected, online and in the vicinity of Third Party Providers who are also connected to the 1bena Mobile Applications and/or Websites, you will be given information on the 1bena Mobile Applications and/or Websites about the Third Party Services. before you decide to apply for such services.
4. Services Provided by 1Bena
4.1. For Services Provided by 1bena, 1bena will act as the provider of the services. The specific terms governing the Services Provided by 1bena will be set forth in additional terms or in a separate agreement.
5. Use of the services of the application/website
5.1. 1bena’s mobile application and/or website can be downloaded or accessed on most modern mobile devices with an Internet connection and equipped with popular operating systems such as Android or iOS.
5.2. You are responsible for obtaining the necessary network access to use the Application Service/Website and are responsible for the rates and fees of your mobile network provider, including data consumption while using the mobile applications and/or websites. by 1bena. You are also responsible for accessing the compatible devices and operating systems necessary to use the Application/Website Service, including any software or hardware updates.
5.3. To use the website and app services, you must sign up for 1bena mobile App and create an account. At the time of registration, you must be eighteen (18) years of age or the age of legal majority in the country where you are registering if different from eighteen (18) years of age unless the terms governing the specific Third Party Service or the Service Provided different age requirements are imposed by 1bena.
5.4. You must provide us with certain personal information to register, including your phone number and email address. To use the Services of the Application/Website, the Services Provided by 1bena or certain Third Party Services, you may need to provide a valid payment method (credit card, debit card or any other accepted payment method ). You may need to provide additional information such as your address and documents before using certain 1bena Provided Services or Third Party Services.
5.5. You are not required to log in or use the 1bena Mobile App and/or Website, nor are Third-Party Providers. If you decide to stop using 1bena mobile apps and/or websites, you can do so without notifying us.
5.6. We may temporarily restrict your access to and use of the services of the application and the website if it is suspected that your obligations or those of these Terms have been breached, including cases where we receive a fraud complaint. There may be circumstances where we are unable to provide you with information about the report while an investigation is underway (by us and/or by a third party, such as the police).
6. Your Obligations
6.1. When using the Application Service / Website, you must comply with all applicable laws and regulations. You may only use the services of the application and the website for legal purposes and for the purposes for which they were conceived, as indicated in these Terms. You must not misuse 1bena’s mobile applications and/or websites or attempt to defraud us or Third-Party Providers.
6.2. You must provide accurate and complete information when registering for an account and when using the Mobile Application Service and Website.
6.3. Your account is personal to you. It cannot be licensed or shared unless expressly permitted by 1bena. Once you have created an account, you:
You will not be able to register more than one account unless otherwise agreed in writing by you and us;
You cannot allow third parties to use your account or transfer it to a third party;
You must keep your account information accurate, complete, and up-to-date;
You must keep your access details confidential at all times and;
You must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
6.4. You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Third Party Services or Services Provided by 1bena requested through your account.
6.5. You must not, in your use of the Services of the Application/Website, cause hindrance, inconvenience or damage to property, either to the Third Party Provider, to 1bena or to any other party.
12. Your liability and indemnity
12.1. You are responsible for any damages suffered by us as a result of your violation of these Terms, your misuse of the Website Applications/Services, or your violation of any laws or rights of third parties. You are responsible for all activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent.
12.2. In order to access the Application / Website Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising from or related to the breach of these Terms, the breach of applicable law or the claims of third parties directly or indirectly related to your use of the Services Third Parties, the Services Provided by 1bena or your use of the Services in general.
13. Limitation of liability
13.1. Nothing in these Terms limits and excludes any liability that cannot be legally limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alteration of your rights as a consumer that cannot be excluded under applicable law.
13.2. We are not liable under or in relation to these Terms including, but not limited to, contractual liability, tort (including negligence, misrepresentation), restitution or otherwise for any of the following related to the use of the Application/Services of the Website: i) Loss of profits; ii) Loss of sales or business; iii) Loss of agreements or contracts; iv) Loss of anticipated savings; v) Loss of use or corruption of software, data or information; vi) Loss or damage to goodwill and vii) Indirect or consequential loss.
13.3. We are not responsible:
for damages or losses arising from any transaction between you and a Third Party Provider; or
of the availability and accuracy of the content, products or services of the Third Provider.
13.4. We are not responsible for delays or failures in performance resulting from causes beyond our reasonable control.
13.5 To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or a third party.
In no event will 1bena, including our affiliates, subsidiaries, parents,
successors and assigns, and each of our respective officers, directors,
employees, agents, or shareholders (collectively “1bena” for purposes of this section),
be liable to you for any incidental, special, exemplary, punitive, consequential,
or indirect damages (including damages for deletion, corruption, loss of data, loss of programs,
failure to store any information or other content maintained or transmitted by the 1bena platform,
in connection with the 1bena platform, rideshare services, or this agreement, however arising including negligence,
even if we or our representatives know or have been advised of the possibility of such damages.
the 1bena platform may be used by you to request and schedule transportation, goods, or
other services with third-party providers, but you agree that 1bena has no responsibility or liability
to you related to any transportation, goods or other services provided to you by third party providers
other than as expressly set forth in in this agreement.
Driver Representations, Warranties and Agreements
By providing Rideshare Services as a Driver on the 1bena Platform, you represent, warrant, and agree that:
1.You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to riders in all jurisdictions in which you provide rideshare services.
2.You own, or have the legal right to operate, the vehicle you use when providing rideshare services; such a vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
3.You will not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing rideshare services, provide services as a driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the 1bena community or third parties.
4.You will only provide rideshare services using the vehicle that has been reported to, and approved by 1bena, and for which a photograph has been provided to 1bena, and you will not transport more passengers than can securely be seated in such vehicle.
5.You will not attempt to defraud 1bena or Riders on the 1bena Platform or in connection with your provision of rideshare services. If we suspect that you have engaged in fraudulent activity we may withhold payments for the ride(s) in question and take any other action against you available under the law.
6.You will not discriminate against passengers with disabilities. You will make reasonable accommodation as required by law and for riders who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
7.You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
8.You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide rideshare services.
9.You will pay all applicable local taxes based on your provision of rideshare services and any payments received by you.