END USER LICENSE AGREEMENT
KoolCab, located in South Africa, is the licensor of the KoolCab mobile application (hereinafter: "Application") licensed to You (End-User) for use only under the terms of this License Agreement.
By downloading the KoolCab Application from the Apple AppStore and Google Play, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and/or Google Play is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the KoolCab Application, such as warranty, liability, maintenance, and support thereof. KoolCab, not Apple or Google Play, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the KoolCab Application that are in conflict with the latest App Store Terms of Service. KoolCab acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
THE KOOLCAB APPLICATION
The koolCab application (hereinafter: Application) is a rideshare platform that allows riders to connect with drivers and travel from point A to B using Apple and Android mobile devices. Please note that the Application is not tailored to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
SCOPE OF LICENSE
2.1 License Grant. You are granted a non-transferable, non-exclusive, non-sublicensable license to install and use the licensed Application on any Apple-branded or Google Products that you (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service. This license also permits other accounts associated with you (End-User, The Purchaser) via Family Sharing or volume purchasing to access and use the licensed Application.
2.2 Updates. This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 Restrictions. You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with KoolCab, LLC's prior written consent), sell, rent, lend, lease or otherwise redistribute the Application. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with KoolCab,, LLC's prior written consent). You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.4 Violations. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.5 Modifications. Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Third-Party Terms. Nothing in this license should be interpreted to restrict third-party terms. When using the Application, you must ensure that you comply with applicable third-party terms and conditions.
2.7 Licensor reserves the right to modify the terms and conditions of licensing. The updated terms will be posted on KoolCab,, LLC's website, and it is your responsibility to review them periodically. If you continue to use the Application after the modifications, you accept the updated terms and conditions.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions, which may include those of your mobile device manufacturer, your mobile service provider, and any third-party service provider used in connection with the Application.
TECHNICAL REQUIREMENTS
3.1 We at KoolCab strive to keep our Application up-to-date to ensure compatibility with modified/new firmware versions and new hardware. However, please note that you are not entitled to claim any such updates.
3.2 You acknowledge and agree that it is your responsibility to ensure that the device on which you intend to use our Application meets the technical specifications required for its optimal functioning.
3.3 We reserve the right to modify the technical specifications of our Application at any time as we see fit.
MAINTENANCE AND SUPPORT
4.1 We, at KoolCab, are solely responsible for providing any maintenance and support services for our licensed Application. Please contact us at the email address provided in the App Store or Google Play Overview for this licensed Application if you require any assistance.
4.2 Please note that Apple and Google Play have no obligation to provide any maintenance or support services for our licensed Application.
5. USE OF DATA
You acknowledge and agree that we, at KoolCab, may access and modify your downloaded licensed Application content and your personal information as necessary. Our use of such data is subject to your legal agreements with us and our privacy policy, which can be found at http://www.koolcab.com/privacy-policy.
6. USER GENERATED CONTRIBUTIONS
6.1 As a user of the KoolCab Application, you may be invited to participate in various activities such as chats, blogs, message boards, and online forums, among others. These activities provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively referred to as "Contributions").
6.2 Contributions may be viewed by other users of the Application or through third-party websites or applications. Therefore, any Contributions you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:
6.3 Your Contributions do not violate any third-party proprietary rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights.
6.4 You are the creator and owner of the Contributions or have obtained the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Application, and other users to use your Contributions in any manner contemplated by the Application and these Terms of Use.
6.5 You have obtained written consent, release, and/or permission from every identifiable individual person in your Contributions to use their name, likeness, or any other identifying information in connection with your Contributions.
6.6 Your Contributions are accurate and truthful, and do not contain false or misleading information.
6.7 Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
6.8 Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
6.9 Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
6.10 Your Contributions are not intended to harass or threaten any other person or promote violence against any individual or group.
Your Contributions do not violate any applicable law, regulation, or rule.
6.11 Your Contributions do not violate the privacy or publicity rights of any third party.
6.12 Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
6.13 Your Contributions do not violate any applicable law concerning child pornography or any other law intended to protect the health or well-being of minors.
6.14 Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
6.15 Your Contributions do not violate any provision of these Terms of Use or any applicable law or regulation.
Any use of the KoolCab Application that violates the above terms will be considered a violation of these Terms of Use and may result in the suspension or termination of your rights to use the Application."
7. CONTRIBUTION LICENSE
By using our KoolCab application and linking your social networking accounts to it, you acknowledge and agree to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your contributions, including your image and voice, for any purpose, commercial advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such as contributions, and grant and authorize sublicenses of the foregoing. We may use and distribute your contributions in any media formats and through any media channels, including your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with your contributions. However, we have the right, in our sole discretion, to edit, redact, or otherwise change any contributions, re-categorize any contributions to place them in more appropriate locations in the application, and pre-screen or delete any contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.
8. LIABILITY
8.1 We do not claim any ownership over your contributions, and we are not liable for any statements or representations in your contributions provided by you in any area of the application. You are solely responsible for your contributions to the application, and you expressly agree to release us from any and all responsibility and to refrain from any legal action against us regarding your contributions.
8.2 In the case of a violation of obligations and tort, our responsibility as a licensor shall be limited to intent and gross negligence. We shall only be liable in the case of slight negligence if there is a breach of essential contractual duties (cardinal obligations). In any case, liability shall be limited to the foreseeable, contractually typical damages. This limitation does not apply to injuries to life, limb, or health.
9. WARRANTY
9.1 KoolCab warrants that our application is free of spyware, trojan horses, viruses, or any other malware at the time of download, and that it functions as described in the user documentation.
9.2 We do not provide a warranty for the application if it is not executable on the device, if it has been modified or handled inappropriately, if inappropriate hardware or software has been combined or installed, if it is used with inappropriate accessories, or for any other reason outside of KoolCab's control that affects its executability.
9.3 You are required to inspect the application immediately after installing it and notify KoolCab of any issues discovered without delay by emailing us at the address provided in our Product Claims. Any defect reports must be sent within ninety (90) days of discovery.
9.4 If KoolCab confirms that the application is defective, we reserve the right to remedy the situation by solving the defect or providing a substitute delivery.
9.5 If the application fails to conform to any applicable warranty, you may notify the App-Store-Operator, and your purchase price will be refunded. However, to the extent permitted by applicable law, the App-Store-Operator will have no further warranty obligation and will not be liable for any losses, claims, damages, liabilities, expenses, or costs attributable to any negligence in adhering to any warranty.
9.6 If you are an entrepreneur, any claims based on faults expire twelve (12) months after the application was made available to you. Statutory periods of limitation given by law apply for consumers."
PRODUCT CLAIMS
KoolCab and the End-User acknowledge that KoolCab, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User's possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use.
LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
CONTACT INFORMATION
For general inquiries, complaints, questions, or claims concerning the licensed Application, please contact:
KoolCab (PTY) Ltd
Address: 2 Nelson Street Zonnebloem Cape Town 8001
Cape Town 8001
0214613725
South Africa
Support@koolcab.com
TERMINATION
The license is valid until terminated by KoolCab or by You. Your rights under this license will terminate automatically and without notice from KoolCab if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application and destroy all copies, full or partial, of the Application.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
KoolCab represents and warrants that KoolCab will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
INTELLECTUAL PROPERTY RIGHTS
KoolCab and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User's possession and use of that licensed Application infringes on the third party's intellectual property rights, KoolCab, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
APPLICABLE LAW
This license agreement is governed by the laws of the State of North Carolina, excluding its conflicts of law rules.
MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.