Terms of Service
These terms are applicable for use of all services provided by MOOOVA Technology AB, org.no 556839-2640 (”MOOOVA”) on Mooova App (the ”MOOOVA-platform”). When completing user registering on the MOOOVA-Platform, users (”Users”) agree to the terms and conditions set forth below (the “User Terms”).
MOOOVA Technology AB, Birger Jarlsgatan 57 C, 113 56 Stockholm, SWEDEN or firstname.lastname@example.org.
3.1 Through the MOOOVA-Platform, MOOOVA provides an information society service. (“MOOOVA-Service”). When completing user registering the User can choose to register themselves as “Transporters”. The MOOOVA-Platform are marketplaces connecting Users registered as “Transporters” with Users requesting transportation services (“Transport Services”). Transporters provide Transportation Services on the basis of a contract between the Transporter and the User. MOOOVA does not provide transport services, and is not party to any agreement between Users regarding Transport Services. By agreeing on Transportation Services, the Users agree as between themselves, on the general terms set out in clause 5 herein.
3.2 Only Users that are registered as “Transporters” can offer to provide Transport Services through the MOOOVA-Platform. Users ordering services from Transporters are hereinafter referred to as “Customers”.
3.3 No employment agreement nor an employment relationship has been or will be established between MOOOVA and any Transporter. Transporters do not act as employees, agents or representatives of MOOOVA and are not authorized to enter into any agreement on behalf of MOOOVA. Each User is obliged to fully comply with all tax obligations that arise in relation to any Transportation Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations as required by the applicable law. Each Transporter undertakes to compensate MOOOVA all costs incurred by MOOOVA as a result of applicable tax regulations not having been met by the Transporter (including paying the income tax and social tax).
3.4 Purchase and sale of Transport Services can lead to tax liabilities of various kinds. Users are solely responsible for any tax consequences that may arise due to the use of the Transport Services. For information on issues relating to taxation of Transport Services, we refer to the Tax Authorities in the location where Transport Services are provided.
4. Terms for using the MOOOVA-Service
4.1 By registering as a User and accepting these User Terms, the User is granted a limited, personal, revocable, nonexclusive license to use the MOOOVA-Platform in accordance with these terms and conditions. Each User undertakes to maintain its user profile, and profile information, accurate and updated at all times;
4.2 MOOOVA is entitled to immediately terminate the license and block User access to the MOOOVA Platform without giving any advance notice for any reason. Reasons for terminating a licence and blocking User access include without limitation, as determined by MOOOVA in its sole discretion in each case, breach of these User Terms, violations of any applicable laws or regulations in connection with use of the MOOOVA-Platform, and other actions which may adversely affect MOOOVA.
4.3 Users undertake to not:
4.3.1 have more than one user account;
4.3.2 use the MOOOVA-Services in bad faith, or use the MOOOVA-Service for any illegal activity, or for the transportation of any illegal or dangerous goods;
4.3.3 decompile, reverse engineer, or in any other manner attempt to obtain the source code to the software of the MOOOVA-platform (“Software”);
4.3.4 modify the Software in any manner or form or to use modified versions of the Software;
4.3.5 transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on MOOOVA Platform; and
4.3.6 attempts to gain unauthorized access to the MOOOVA-Platform.
4.4 Customer’s mobile number is linked to the respective User account. In the event a User discontinues use of a mobile number, the User should notify MOOOVA promptly. If MOOOVA is not notified, a new owner of the mobile number could access User data belonging to the previous User.
5. Terms for Transport Services
5.1 Unless the relevant Users agree otherwise, the following general terms shall apply as between Users when agreeing on Transport Services through the MOOOVA-Platform:
5.1.1 An agreement for Transport Service is entered into by a Customer placing a request and a Transporter accepting such request. MOOOVA does not provide Transport Services and is not a party to the agreement.
5.1.2 If a Transport Service request is cancelled after being accepted by a Transporter, the Transporter is entitled to a cancellation fee according to the rates specified in the MOOOVA-Platform.
5.1.3 When a Transporter arrives at a pick-up location or a delivery point, and a Customer is not there to hand over or receive the goods, the Transporter is entitled to compensation, including without limitation waiting time, according to the rates specified in the MOOOVA-Platform.
5.1.4 Unless otherwise agreed, Customers shall be liable for insuring any goods and Transporters shall be liable for insuring their vehicles, as well as having an insurance for personal injury. Each party shall indemnify the other party for any damage caused by the first mentioned party which is not covered by the aforementioned insurances. Each party’s limitation of liability shall be 500 euro, except in the event of personal injury.
6. Intellectual Property
6.1 Ownership of and all intellectual property rights in the MOOOVA-Platform and the Software vest exclusively in MOOOVA and, as the case may be, its suppliers. Intellectual property rights shall mean copyright and related rights (including database and catalogue rights as well as photography rights), patents, utility models, design rights, trademarks, trade secrets, know-how and all other possible types of intellectual property rights, whether or not they require registration.
6.2 Except only as expressly stated herein, User is not granted any license or right with respect to the Software, any part thereof or intellectual property included in the MOOOVA-Platform.
6.3 An infringement of any of MOOOVA’s intellectual property rights or Software may result in legal action by MOOOVA.
7. DATA PRIVACY
7.1 In order for us to provide the Service, we need to collect and process your personal data. Your personal data will be processed in accordance with MOOOVA Privacy Notice, available at https://MOOOVA.io/privacy-policy/
7.2 MOOOVA has access to all personal data and other data provided or generated in connection with User’s use of the MOOOVA-Platform. MOOOVA shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. MOOOVA processes and maintains your personal data for the periods stated in our Privacy Notice and in accordance with applicable law.
8. Fees and payment
8.1 It is within the Customer’s discretion to set the reward for each requested Transport Service and each advertisement. The MOOOVA-Platform calculates and presents a recommended reward for the requested Transport Service based on surrounding factors. The recommended reward is only a recommendation and the Customer is thereby free to set the price higher or lower than the recommendation. The Transporter is free to accept or decline a request for Transport Services.
8.2 MOOOVA charges a transaction fee for each agreement for Transport Service entered into through the MOOVA-Platform. The transaction fee is deducted from the fee paid by the Customer to the Transporter. The applicable percentage are set individually for each Transporter and varies between 10-25% depending on inter alia factors such as dependability and user ratings. The applicable percentage will be communicated with each Transporter through the MOOOVA-Platform from time to time.
8.3 The MOOOVA-Platform uses Stripe Destination-charges. Destination charges creates charges on the platform, but as part of the charge operation, the transaction fee is drawn and the funds are thereafter transferred to the Transporters’ connected account. All payments for the MOOOVA-Services and the Transportation Services are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/en-se/connect-account/legal), which includes the Stripe Terms of Service (https://stripe.com/en-se/legal)(collectively, the “Stripe Services Agreement”). By agreeing to these User Terms or continuing to use the MOOOVA-Service, Users agree to be bound by the Stripe Services Agreement, as amended by Stripe from time to time in accordance with such terms. In order to process services through Stripe, Users agree to at each time provide accurate, complete and updated User information as provided on the MOOOVA-Platform, and you authorize MOOOVA to share such information as well as transaction information related to the payment processing services provided by Stripe.
We intend to keep the MOOOVA-Service available every day of the year, but reserve the right to close the MOOOVA-Service or parts of the MOOOVA-Service in the event of updates and / or maintenance. We are not responsible for any disruptions in availability of the MOOOVA-Service that may occur during maintenance of the Service, due to inadequate internet connection or due to disruptions at the web host.
10.1 The MOOOVA-Platform and MOOOVA-Services are provided on an “as is” and “as available” basis. MOOOVA does not represent, warrant or guarantee that access to the MOOOVA-Platform and/or MOOOVA-Service will be uninterrupted or error free. As the usage of MOOOVA-Services depends on the behaviour of Users, we do not guarantee that your usage of the MOOOVA-Service will result in any Transport Service requests or acceptance of such requests.
10.2 MOOOVA shall not have any liability caused by Users of the MOOOVA-Services, including loss or damage of goods or vehicles, nor shall MOOOVA have any other liability for any loss or damage that Users may incur as a result of using the MOOOVA Services. Under no circumstances shall MOOOVA be liable for any indirect or consequential damages. Should MOOOVA nonetheless be found liable for any loss or damage, MOOOVA’s aggregate liability shall be limited to 500 euros per occasion.
10.3 Claims shall be filed within twenty-four hours of the event giving rise to the claim. MOOOVA shall be given possibility to examine the alleged loss or damage independently to verify the grounds for the claim. Should MOOOVA find that the claim is not valid, MOOOVA reserves the right to claim reimbursement for any costs related to the invalid claim.
10.4 Each User shall be fully liable for breach of these User Terms and any applicable laws or regulations. Users shall indemnify MOOOVA for any direct and/or indirect and/or consequential loss and/or damage, including without limitation, loss of profits and penalties, that MOOOVA incurs as a result of a breach of the User Terms or any laws and regulations.
MOOOVA may amend these User Terms from time to time. The User Terms in effect at each time can be found at https://mooov.io/terms-of-service/. MOOOVA will announce changes on the MOOOVA-Platform. Users are free to discontinue their use of the MOOOVA-Platform should announced amendments not be accepted. If Users continue using the MOOOVA-Services, they shall be deemed to have accepted the amendments.
12. Term and Termination
By using the MOOOVA-Service, you accept these User Terms and accept to use the MOOOVA-Platform in accordance herewith. These User Terms are applicable until further notice.
13. Applicable law
These User Terms are governed by the substantive laws of Sweden and disputes should be settled in Swedish general court.