1. Contractual Relationship

These Terms of Use (“Terms”) govern the access or use by you, an individual, from Zimbabwe of applications, websites, content, products, and services (the “Services”) made available by Modern Innovations Marketing (Pvt) Ltd (“Modern Innovations”), a private limited liability company incorporated and registered in Zimbabwe with the registrar of companies, under number 790/2017.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Modern Innovations. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Modern Innovations may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplementary terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplementary terms will be disclosed to you in connection with the applicable Services. Supplementary terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplementary terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Modern Innovations may amend the Terms related to the Services from time to time. Amendments will be effective upon Modern Innovations’ posting of such updated Terms at this location or the amended policies or supplementary terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in Modern Innovations’ Privacy Policy located at Modern Innovations Privacy Policy. Modern Innovations may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform called IPAPO that enables users of Modern Innovations’ Services to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third-party transportation providers (“Third Party Providers”). Unless otherwise agreed by Modern Innovations in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT MODERN INNOVATIONS DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MODERN INNOVATIONS OR ANY OF ITS AFFILIATES.

License.

Subject to your compliance with these Terms, Modern Innovations grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:

  • access and use the Services on your personal device solely in connection with your use of the Services; and
  • access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Modern Innovations and Modern Innovations’ licensors.

Restrictions.

You may not:

  • remove any copyright, trademark or other proprietary notices from any portion of the Services;
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Modern Innovations;
  • decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
  • link to, mirror or frame any portion of the Services;
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
  • attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services.

You acknowledge that portions of the Services may be made available under Modern Innovations’ various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Modern Innovations,” You also acknowledge that the Services may be made available under such brands or request options by or in connection with:

  • certain of Modern Innovations’ subsidiaries and affiliates; or
  • independent Third Party Providers, including transportation companies

Third-Party Services and Content.

The Services may be made available or accessed in connection with third-party services and content (including advertising) that Modern Innovations 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. Modern Innovations does not endorse such third party services and content and in no event shall Modern Innovations be responsible or liable for any products or services of such third party providers. Additionally, Facebook Inc. or its applicable international subsidiaries and affiliates will be a third-party beneficiary to this contract. They are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using WhatsApp is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

Ownership.

The Services and all rights therein are and shall remain Modern Innovations’ property or the property of Modern Innovations’ licensors. Neither these Terms nor your use of the Services conveys or grant to you any rights:

  • in or related to the Services except for the limited license granted above; or
  • to use or reference in any manner Modern Innovations’ company names, logos, product and service names, trademarks or services marks or those of Modern Innovations’ licensors.

3. Your Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Modern Innovations certain personal information, such as your name, address, mobile phone number, I.D. Number and address. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Modern Innovations’ termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account. Unless otherwise permitted by Modern Innovations in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.

Text Messaging.

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Modern Innovations at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

User-Provided Content.

Modern Innovations may, in Modern Innovations’ sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Modern Innovations through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Modern Innovations, you grant Modern Innovations a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Modern Innovations’ business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

  • you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Modern Innovations the license to the User Content as set forth above; and
  • neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Modern Innovations’ use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Modern Innovations in its sole discretion, whether or not such material may be protected by law. Modern Innovations may, but shall not be obligated to, review, monitor, or remove User Content, at Modern Innovations’ sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

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

4. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Modern Innovations will NOT be involved in the payment of Third Parties. Users of the Services will pay directly to the Transport Service Providers. Both Transport Service Providers and Users will be liable to pay membership and/or subscription fees for using the Modern Innovations’ Services. All payments will fall due on the first day of each month. Failure to pay the applicable fees will result in failure to use the Modern Innovations’ Services.  

As between you and Modern Innovations, Modern Innovations reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Modern Innovations’ sole discretion.

5. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MODERN INNOVATIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MODERN INNOVATIONS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MODERN INNOVATIONS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

MODERN INNOVATIONS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF MODERN INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MODERN INNOVATIONS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

  • YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
  • ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF MODERN INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MODERN INNOVATIONS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MODERN INNOVATIONS’ REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

MODERN INNOVATIONS’ SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MODERN INNOVATIONS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Modern Innovations and its 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:

  • your use of the Services or services or goods obtained through your use of the Services;
  • your breach or violation of any of these Terms;
  • Modern Innovations’ use of your User Content; or
  • your violation of the rights of any third party, including Third-Party Providers.

6. Lost Property

You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking. Should you leave your property in the vehicle of a Third Party Provider, the Third Party Provider may hand over your property to you, Modern Innovations or to the Modern Innovations local service entity.

Whilst you may expect Third-Party Providers to hand over your property to you, the offices of Modern Innovations or the Modern Innovations local service entity, Modern Innovations or the Modern Innovations local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Modern Innovations or the Modern Innovations local service entity shall not be liable for the loss or damage to your property whilst it is in transit.

Whilst Modern Innovations or the Modern Innovations local service entity will take reasonable steps to establish the owner of property left in a Third Party Provider’s vehicle if returned to the offices of Modern Innovations or the Modern Innovations local service entity, when your property is in Modern Innovations’ or the Modern Innovations local service entity’s possession, you understand and agree that:

  • Modern Innovations or the Modern Innovations local service entity will only keep your property in its possession for a maximum period of two months from the date on which the Third Party Provider handed your property to Modern Innovations or the Modern Innovations local service entity; and
  • should you fail to collect your property from Modern Innovations or the Modern Innovations local service entity before the expiry of the three-month period stipulated, Modern Innovations or the Modern Innovations local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Modern Innovations or the Modern Innovations local service entity in respect of your unclaimed property.

7. Governing Law; Arbitration.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of Zimbabwe.

8. Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Modern Innovations’ designated agent at 3019 Empumalanga, Phase 4, Hwange or by email to admin@moderninnovations.co.zw

Notice.

Modern Innovations may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Modern Innovations by written communication to Modern Innovations’ address at 3019 Empumalanga, Phase 4, Hwange, Zimbabwe.

General.

You may not assign or transfer these Terms in whole or in part without Modern Innovations’ prior written approval. You give your approval to Modern Innovations for it to assign or transfer these Terms in whole or in part, including to:

  • a subsidiary or affiliate;
  • an acquirer of Modern Innovations’ equity, business or assets; or
  • a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Modern Innovations or any Third Party Provider as a result of the contract between you and Modern Innovations or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”