Terms and Conditions

General Terms of Use

1. Contractual Relationship

These Terms and Conditions including these General Terms of Use (hereinafter referred to as “Terms”) govern the access or use by you, an individual, from within the Sultanate of Oman of applications, websites, content, products, and services (the “Services”) made available by SILVER SIGN FOR BUSINESS, registered at Oman Chamber of Commerce and Industry under number 1419381, having its headquarter at Al-Aqur, Nizwa P.O 1561 hereinafter referred to as (“SOFRED”).

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 SOFRED. 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. SOFRED 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.

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

SOFRED may amend the Terms related to the Services from time to time. Amendments will be effective upon SOFRED’s posting of such updated Terms at this location or the amended policies or supplemental 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 SOFRED’s Privacy Policy located at Privacy Policy – SOFRED  SOFRED may provide to a claim 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 such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

The Services constitute a technology platform that enables users of SOFRED’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule smart transportation services, which is to enable users to use light transportation such as; electric scooters or dockless bikes (hereinafter referred to as “LEVB”) (with or without parking stations). Unless otherwise agreed by SOFRED in a separate written agreement with you, the Services are made available solely for your personal whether for sport or entertainment, and noncommercial use. YOU ACKNOWLEDGE THAT SOFRED DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.

License.

Subject to your compliance with these Terms, SOFRED grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SOFRED and SOFRED’s licensors.

Restrictions and Copyrights.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) 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 SOFRED; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) 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 (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.    

The Services may be made available or accessed in connection with third party services and content (including advertising) that SOFRED 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. SOFRED does not endorse such third-party services and content and in no event shall SOFRED be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this Terms if you access the Services using Applications developed for Apple iOS, Android, or Microsoft Windows, powered mobile devices, respectively. These third-party beneficiaries are not parties to this Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices 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 SOFRED’s property or the property of SOFRED’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner SOFRED’s company names, logos, product and service names, trademarks or services marks or those of SOFRED’s licensors.

3. Your Use of the Services

Users 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, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to SOFRED certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). 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, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or SOFRED’s 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 username and password at all times. Unless otherwise permitted by SOFRED 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. 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, to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

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 Which may ensure that the temporary security access token is sent. You may opt-out of receiving text (SMS) messages from SOFRED at any time by following the directions found at Admin@sofredmobility.cpm You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

You are Fully Aware with the Following Operations.

You represent and certify that you are familiar with the usage of the LEVB, and are physically and mentally fit to use a LEVB safely. You are responsible for determining whether external factors, including without limitation, rain, fog, snow, hail, ice, sandstorm, electrical storm, flood, which makes it unsafe to use the LEVB. You certify that you are capable of adjusting your riding behaviour, including without limitation, braking, speeding, turning, to suit all conditions, including the weather, visibility, surrounding environment, and traffic conditions. 

You shall not use the LEVB while carrying any luggage, including without limitation, briefcase, backpack, bag, or any other item which may impede your ability to use the LEVB safely with both hands and adequate leg.

You shall not place, hang, suspend or stick any objects from the handlebar, including without limitation, bags, backpacks.

You shall not make use of any cellular telephone, text messaging device, portable music player, headphones, portable gaming devices, or any other device that may distract you from using the LEVB.

You shall not use the LEVB when you are under influence of alcohol, drugs, medication, or any other substance that may impair your ability to use the LEVB.

You shall not carry any other person on the LEVB, including without limitation, baby carriers.

You may use locking functions only that have been provided by SOFRED. You shall not add any other form of lock, physical or digital, to lock and unlock the LEVB.

You agree to operate the LEVB solely for its intended use of short distance transportation purposes. You shall not make use of the LEVB for any other purposes, including without limitation, mountain riding, stunts, racing, towing, or any such reasons whatsoever. SOFRED does not hold responsibility of any consequences that may result from Your violation to the same. You shall not use the LEVB for violation of any Applicable Laws.

The maximum weight limit of the LEVB is 200 kilograms, you agree not to exceed the same. You shall be responsible for any malfunctions, accidents, or any other circumstances that might be caused as a result of exceeding weight.

It is your responsibility to return the LEVB in an ‘as is’ condition. It remains your responsibility to report any accident, crash, damage, personal injury, or stolen or lost LEVB to SOFRED at the earliest. You shall file a report with the local police department within 24 hours of the crash if it involves any kind of injury to you or any third-party or damage to property. You agree that you are responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs and expenses, penalties, attorney’s fees, judgements, suits or disbursements of any kind or nature whatsoever concerning a lost or stolen LEVB, to the extent permissible by Applicable Law.

Vehicle availability.

You acknowledge and agree that the number of LEVBs is limited and their availability are never guaranteed. SOFRED does not stand responsible for shortage of vehicles.

LEVB operational zones.

You agree to only operate, use, and/or ride the LEVB in areas that are included in SOFRED operational zones and in accordance with all Applicable Laws and speed limits. The use of LEVB on public roads and highways is illegal and a breach to this Terms. SOFRED operational zones will be indicated, via our Applications. You understand that the continued operation of the LEVB outside the SOFRED zones will cause the LEVB’s to automatically disable. You expressly agree to restrain use of the LEVB in any restricted areas and you assume any and all responsibility and liability for any operation of the LEVB in any restricted area, including without limitation, fees and fines and damage repair. You agree to not terminate your usage period in areas other than SOFRED parking spots or SOFRED charging stations. If any LEVB should be confiscated, found or impounded by a competent authority as a result of your breach to riding outside SOFRED operational zones or in restricted areas, you agree to pay SOFRED all the costs and expenses involved in retrieving the LEVB or in replacing the LEVB in cases where the LEVB cannot be retrieved.

Charging of the LEVB.

You acknowledge and agree to the following:

The level of battery remaining in the LEVB decreases with its use over time and distance, the LEVB’s operational capabilities, including speed and any other facilities, may decrease (or even cease entirely) with the decrease in battery life. The LEVB may run out of battery and cease to operate at any time during your usage.

The Level of battery life available in the LEVB at the time you initiate your usage period is never guaranteed and may vary each time. The rate at which the battery life decreases is based on the speed, the road conditions, the weather conditions, and other factors. It is Your responsibility to ensure there is enough battery remaining in the LEVB before You initiate your usage.

If the LEVB runs out of battery during your usage period, you shall end the ride in compliance with all terms of this Terms. You shall ensure that the LEVB does not run out of power in an unsafe environment. It remains your responsibility to park the LEVB in an authorized parking lot. If an accident occurs because of the LEVB’s ceasing of battery during your ride, SOFRED shall not be responsible for any charges, including without limitation, allegations, fees, fines or damage.

You shall not attempt to charge the LEVB by any other source other than at SOFRED charging ports.

Promotional Codes.

SOFRED may, in SOFRED’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a third-party services’ provider, subject to any additional terms that SOFRED establishes on a per promotional code basis (“Promo Codes”). 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 SOFRED; (iii) may be disabled by SOFRED at any time for any reason without liability to SOFRED; (iv) may only be used pursuant to the specific terms that SOFRED establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. SOFRED 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 SOFRED 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 these Terms.

User Provided Content.

SOFRED may, in SOFRED’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SOFRED 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 SOFRED, you grant SOFRED a 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 SOFRED’s 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: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SOFRED the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor SOFRED’s 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.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SOFRED in its sole discretion, whether or not such material may be protected by law. SOFRED may, but shall not be obligated to, review, monitor, or remove User Content, at SOFRED’s 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 Applications and any updates thereto. SOFRED 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 (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by SOFRED.

All Charges are due immediately and payment will be facilitated by SOFRED using the preferred payment method designated in your Account, after which SOFRED 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 SOFRED may use a secondary payment method in your Account, if available.

As between you and SOFRED, SOFRED reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in SOFRED’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. SOFRED will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. SOFRED may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

The Charges that may be imposed to you by Ghazal are as follows: 

1- Collect the value of a package that gives you a prepaid balance that is deposited in your electronic wallet within the Application. 

2- Amounts that are collected against your use of the LEVB and are not equivalent by the presence of sufficient balance in your electronic wallet. 

3- Fines collected as a result of violations against SOFRED as a result of stopping LEVB or driving it in a place that violates our instructions.

 4- Collecting of bills as a result of LEVB malfunctions that caused by you.

5. Disclaimers; Insurance; Limitation of Liability; and Indemnity.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOFRED 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, SOFRED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Insurance.

SOFRED DOES NOT provide any insurance against third parties for indirect, incidental, special, exemplary, punitive, or consequential damages including loss of profits, loss of data, personal injury or property damage related to or in any way caused by the use of the Services. SOFRED or any person or partner, participating in the management or operation of SOFRED is not responsible under any circumstances for any direct, indirect, incidental, special, exemplary, punitive or consequential damages including loss of profits, loss of data, personal injury or property damage related to or caused in any way by Use of or inability to use the Services.

Limitation of Liability.

SOFRED 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 SOFRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOFRED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OFYOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES EVEN IF SOFRED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOFRED SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SOFRED’S REASONABLE CONTROL.

Indemnity.

You agree to indemnify and hold SOFRED 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: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) SOFRED’s use of your User Content.

6. Governing Law

Executing and interpreting of all rules and regulations of this Terms is subject to the applicable law, regulations and decisions in Sultanate of Oman, but if there is any dispute, it will be transferred to the competent judiciary courts in Sultanate of Oman to settle.

7. Other Provisions

You may not assign or transfer these Terms in whole or in part without SOFRED’s prior written approval. You give your approval to SOFRED for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of SOFRED’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, SOFRED as a result of the contract between you and SOFRED.

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 replaces and supersedes all prior or contemporaneous agreements