Misy Terms of Use

Misy Technology (hereinafter “Misy,” “we,” “us,” or “our”) welcomes you to the Misy mobile application (“App”). These Terms of Use govern your use of the App. By accessing or using the App, you agree to be bound by these Terms of Use. If you do not agree to all of the Terms of Use, you may not access or use the App.

1. Acceptance of Terms

These Terms of Use constitute a legal agreement between you and Misy. By accessing or using the App, you agree to be bound by these Terms of Use. If you do not agree to all of the Terms of Use, you may not access or use the App.

2. Modifications to Terms of Use

We may modify these Terms of Use from time to time. We will notify you of any material changes by posting the new Terms of Use on the App. It is your responsibility to periodically review the Terms of Use to check for updates. Your continued access to or use of the App after the posting of modified Terms of Use will constitute your acceptance of the modified Terms of Use.

3. Eligibility

To use the App, you must be at least 18 years old and have the legal capacity to enter into a binding contract under applicable law. You may not use the App if you have been suspended from using it by Misy.

4. Third Party Services 

“Third Party Providers” are independent third parties and include, independent transportation providers, taxi driver and bajaj driver using the Misy mobile application.

“Third Party Services” include services of transportation provided to you by independent Third Party Providers. These are made available to you through your use of the app services.

4.1 For Third Party Services, Misy acts as a disclosed agent between you and the Third Party Providers to enable them to provide the Third Party Services to you. Misy does not provide Third Party Services. All Third Party Providers are independent third party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of Misy.

4.2 When you are logged in, online and in the service area of a Third Party Provider, you will be given information in Misy’s mobile application about the Third Party Services before you decide to make a request.

4.3 Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through Misy’s mobile application and will give rise to a direct contract between you and the Third Party Provider (for Third Party Services).

4.4 You may be asked to rate the Third Party Provider whose services you requested. The Third Party Provider may also be able to give you a rating. Although your rating by itself will not make you lose access to Misy’s App Services, Third Party Providers may see your rating in Misy’s mobile application and this rating may affect whether or not they decide to provide Third Party Services to you.

4.5 The Third Party Provider is responsible for any obligations that may arise from the provision of the Third Party Services.

5. Misy Account

To use certain features of the App, you may be required to create a Misy account. You are responsible for maintaining the confidentiality of your account and password, and you are fully responsible for all activities that occur under your account. You agree to notify Misy immediately of any unauthorized use of your account or any other breach of security. Misy will not be liable for any loss or damage caused by your failure to secure your account.

6. Cancellation

6.1 Cancellation by the Third party Provider

The Third party Provider may cancel the ride without charge in the following cases:

• The Passenger does not appear at the agreed-upon meeting point within 10 minutes of the scheduled pickup time.

• The Passenger does not answer the Third party Provider's phone calls or messages.

• The Passenger provides incorrect or incomplete location information.

• The Passenger's behavior endangers the safety of the Third party Provider or others.

6.2 Cancellation by the Passenger

The Passenger may cancel the ride without charge in the following cases:

• The Third party does not appear at the agreed-upon meeting point within 10 minutes of the scheduled pickup time.

• The Third party Provider does not answer the Passenger's phone calls or messages.

• The Third party Provider's vehicle does not conform to the description provided on the application.

• The Third party Provider's behavior endangers the safety of the Passenger.

6.3 Refund

In the event of cancellation by the Third party Provider, the Passenger will be refunded the full amount of the pre-paid ride. In the event of cancellation by the Passenger, the Third party Provider will be refunded the amount of the pre-paid ride, with the exception of the booking fee.

6.4 - Start of the Ride

The ride is considered to have started as soon as the Third party Provider has picked up the Passenger. If the Passenger cancels the ride after the ride has started, they will be required to pay the amount of the ride in progress.

 

7. Use of the App

You agree to use the App in accordance with the law and these Terms of Use. You must not use the App in any way that could damage, disable, overburden, or impair the App or interfere with the use of the App by any third party. You must not attempt to gain unauthorized access to the App or to Misy's or third-party's computer systems through the App.

8. User Content

The App may allow you to submit content, such as reviews, photos, or other information (“User Content”). You retain all intellectual property rights that you possess in the User Content. However, by submitting User Content to the App, you grant Misy a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content. You represent and warrant that you have the right to grant such license to Misy.

9. Drivers and Misy contract

The use of the Misy application as a partner driver is subject to these terms. By registering and using the application, you agree to comply with applicable laws and regulations, including those relating to the transportation of people. You are solely responsible for the validity of your driver's license, your vehicle insurance, and your fitness to drive. Misy reserves the right to suspend or terminate your access to the application in the event of non-compliance with these terms or inappropriate behavior towards passengers. Ride fares are set by Misy and may be modified at any time. Misy agrees to compensate partner drivers on a weekly basis, after deducting a 15% commission on the total amount of each ride, according to the terms defined in the partnership agreement. Misy is not responsible for any damage or loss incurred while using the application. In the event of a dispute, the parties will endeavor to find an amicable solution. Failing this, the competent court will be that of Misy's head office.

 

ARTICLE 1 - OBLIGATIONS OF MISY

1.1. MISY provides the Driver with its mobile application allowing connection with potential customers.

1.2. MISY undertakes to pay the Driver, each week, the amount of the rides completed via the application, after deduction of a 15% commission due to MISY.

1.3. MISY undertakes to provide the Driver with access to a secure personal space on the application, allowing them to consult their ride history, income, and information relating to their activity.

ARTICLE 2 - OBLIGATIONS OF THE DRIVER

2.1. The Driver undertakes to comply with the laws and regulations in force relating to the transport of persons, particularly in terms of driving licenses, insurance, and road safety.

2.2. The Driver undertakes to provide quality services, in compliance with the rules of courtesy and safety towards customers.

2.3. The Driver undertakes to maintain their vehicle in good working order and cleanliness.

2.4. The Driver undertakes to pay MISY the 15% commission on each ride taken via the application, according to the terms defined in article 2.2.

2.5. The Driver undertakes to reimburse MISY any amount due in the event of a debit balance on their account.

 

10. Intellectual Property

The App is protected by copyright, trademark, and other intellectual property laws. The content of the App, including but not limited to the source code, graphics, logos, images, and text, is owned by Misy or its licensors. You may not modify, publish, transmit, reproduce, create derivative works, transfer, or sell any content of the App.

11. Disclaimer

The app is provided “as is” and “as available.” Misy makes no representations or warranties of any kind, express or implied, as to the operation of the app or the content of the app. Misy does not warrant that the app will be uninterrupted or error-free. Misy will not be liable for any damages caused by your use of the app.

12. Limitation of liability

• Liability in case of an accident

Misy is committed to implementing all reasonable means to ensure the safety of passengers and drivers using its application. However, Misy cannot be held responsible in any way for a road accident or any other bodily injury or property damage resulting from the use of the application.

• Driver's responsibility

The driver is solely responsible for driving their vehicle and complying with traffic laws. They are also responsible for the safety of the passengers they transport.

• Passenger's responsibility

The passenger is required to follow the safety instructions given by the driver. They are also responsible for their personal belongings.

• In case of an accident

In the event of an accident, the parties involved must immediately contact emergency services and the police. They must also inform Misy of the accident as soon as possible.

Misy reserves the right to suspend or terminate the account of any user involved in a serious accident or who repeatedly violates the terms of use of the application.

• Insurance

Misy requires drivers to subscribe to car insurance covering bodily injury and property damage to third parties.

• Limitation of liability

In no event shall Misy's liability be engaged for an amount exceeding the sums received by Misy for the service in question at the origin of the liability.

13. Indemnification

You agree to indemnify, defend, and hold harmless Misy, its officers, directors, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the App or your violation of these Terms of Use.

14. Termination

Misy may terminate your access to the App at any time, for any reason, and without notice. You may also terminate your account at any time by contacting Misy. Upon termination of your account, you will no longer have access to the App. Any provision of these Terms of Use that survives termination shall remain in full force and effect.

15. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Madagascar. Any dispute arising out of or in connection with these Terms of Use shall be exclusively subject to the jurisdiction of the courts of competent jurisdiction in Madagascar.

16. General Provisions

These Terms of Use constitute the entire agreement between you and Misy with respect to the use of the App and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to such subject matter. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck from these Terms of Use and the remaining provisions shall remain in full force and effect. You may not assign or transfer any of your rights under these Terms of Use without the prior written consent of Misy. Misy may assign or transfer any of its rights under these Terms of Use without restriction. These Terms of Use shall bind and inure to the benefit of you and Misy, and your respective heirs and assigns. These Terms of Use may be modified by Misy at any time, as set forth in Section 2 above. Your continued use of the App after such modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. You agree that you shall not bring any action against Misy or its affiliates more than two (2) years after the cause of action giving rise to such action first arose.

17. Contact Us

If you have any questions or comments regarding these Terms of Use, please contact us at the following email address: contact@misyapp.com.

In Conclusion

The Misy Terms of Use are a contract between you and Misy that governs your use of the Misy app. It is important to carefully read and understand these terms before using the app. By using the app, you agree to be bound by these terms. If you do not agree to these terms, you should not use the app.