1. Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Shahi
Sawari (Pvt.) Ltd., a company with its registered office at Office No. 809, Al-Hafeez Heights Plaza,
Ghalib Road, Gulberg, Lahore (“Shahi Sawari”, “we”, “us” or “our”), by which expression includes our
legal representatives, administrators, successors-in-interest, permitted assigns and affiliates
(“Affiliates”).
This Agreement governs your use of the Shahi Sawari application, website, call centre and technology
platform (collectively, the “Shahi Sawari Platform”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SHAHI SAWARI PLATFORM. IF YOU DO NOT
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SHAHI
SAWARI PLATFORM.
Your access and use of the Shahi Sawari Platform constitutes your agreement to be bound by this
Agreement, which establishes a contractual relationship between you and Shahi Sawari. Shahi Sawari may
immediately terminate this Agreement with respect to you, or generally cease offering or deny access to
the Shahi Sawari Platform or any portion thereof, at any time for any reason without notice.
Shahi Sawari may amend this Agreement from time to time. Amendments will be effective upon Shahi
Sawari’s posting of an updated Agreement at this location. Your continued access or use of the Shahi
Sawari Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Our collection and use of personal information in connection with the Shahi Sawari Platform is as
provided in Shahi Sawari’s Privacy Policy located at http://shahisawari.pk/. Shahi Sawari 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 Shahi Sawari Platform
The Shahi Sawari Platform provides a digital transportation network which functions as a marketplace
where persons who seek transportation to certain destinations (“Users”) can be matched with persons
driving to those destinations (“Driving Services Providers”). Each User shall create a User account that
enables access to the Shahi Sawari Platform. For purposes of this Agreement, the driving services
provided by Driving Services Providers to Users that are matched through the Shahi Sawari Platform shall
be referred to collectively as the “Driving Services”. Any decision by a User to accept Driving Services
is a decision made in such User’s sole discretion. Each transportation Driving Service provided by a
Driving Services Provider to a User shall constitute a separate agreement between such persons.
YOU ACKNOWLEDGE THAT NEITHER SHAHI SAWARI NOR ITS AFFILIATES PROVIDE TRANSPORTATION SERVICES OR FUNCTION
AS A TRANSPORTATION CARRIER OR TRANSPORTATION SERVICE PROVIDER OR OWN ANY VEHICLES FOR TRANSPORTATION
AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE
NOT EMPLOYED BY SHAHI SAWARI OR ANY OF ITS AFFILIATES.
License.
Subject to your compliance with this Agreement, Shahi Sawari grants you a limited, non-exclusive,
non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Shahi Sawari
Platform on your personal device solely in connection with your use of the Shahi Sawari Platform; and
(ii) access and use any content, information and related materials that may be made available through
the Shahi Sawari Platform, in each case solely for your personal, non-commercial use. Any rights not
expressly granted herein are reserved by Shahi Sawari and Shahi Sawari’s licensors.
Third Party Services and Content.
The Shahi Sawari Platform may be made available or accessed in connection with third party services and
content (including advertising) that Shahi Sawari 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. Shahi Sawari
does not endorse such third party services and content and in no event shall Shahi Sawari be responsible
or liable for any products or services of such third party providers. Additionally, Apple Inc., Google,
Inc., and/or their applicable international subsidiaries and affiliates will be third-party
beneficiaries to this contract if you access the Shahi Sawari Platform using applications developed for
Apple iOS or Android-powered mobile devices, respectively. These third party beneficiaries are not
parties to this contract and are not responsible for the provision or support of the Shahi Sawari
Platform in any manner. Your access to the Shahi Sawari Platform using these services or applications is
subject to terms set forth in the applicable third party beneficiary’s terms of service.
Shahi Sawari Platform Ownership.
The Shahi Sawari Platform and all rights therein are and shall remain Shahi Sawari’s property or the
property of Shahi Sawari’s licensors. Neither this Agreement nor your use of the Shahi Sawari Platform
convey or grant to you any rights: (i) in or related to the Shahi Sawari Platform except for the limited
license granted above; or (ii) to use or reference in any manner Shahi Sawari’s company names, logos,
product and service names, trademarks or services marks or those of Shahi Sawari’s licensors.
3. Use of the Shahi Sawari Platform
User Accounts.
In order to use most aspects of the Shahi Sawari Platform, you must register for and maintain an active
personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account
registration requires you to submit to Shahi Sawari certain personal information, such as your name,
address, mobile phone number and age. 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 Shahi Sawari Platform, including your
ability to request access to your personal information or to opt in or out of marketing preferences, or
Shahi Sawari’s termination of this Agreement 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 Shahi Sawari in writing, you may only possess one
Account.
User Requirements and Conduct.
The Shahi Sawari Platform is not available for use by persons under the age of 18 and may only be used
by individuals who can form legally binding contracts under applicable law. You may not authorize third
parties to use your Account, and you may not allow persons under the age of 18 to receive transportation
services from Driving Services Providers unless they are accompanied by you or another adult. 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 Shahi Sawari Platform, and you may only use the Shahi Sawari Platform
for lawful purposes. You will not, in your use of the Shahi Sawari Platform, cause nuisance, annoyance,
inconvenience, or property damage, whether to a Driving Services Provider, other third party provider or
any other party. In certain instances you may be asked to provide proof of identity to access or use the
Shahi Sawari Platform, and you agree that you may be denied access to or use of the Shahi Sawari
Platform if you refuse to provide proof of identity.
Promotions, Credits and Referral Programs.
Shahi Sawari, in its sole discretion, may make promotions available to any User or potential User. These
promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with
Shahi Sawari. Promotions will in many cases be made available to you via alpha numeric codes (“Promo
Codes”). Shahi Sawari reserves the right to withhold or deduct credits or benefits obtained through a
promotion in the event that Shahi Sawari determines or believes that the redemption of the promotion or
receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable
promotion terms or this Agreement.
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 Shahi Sawari; (iii)
may be disabled by Shahi Sawari at any time for any reason without liability to Shahi Sawari; (iv) may
only be used pursuant to the specific terms that Shahi Sawari establishes for such Promo Code; (v) are
not valid for cash; (vi) may expire prior to your use and (vii) Shahi Sawari may establish additional
terms relating to specific promotions. Shahi Sawari 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 Shahi Sawari 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 this Agreement.
As part of your User account, Shahi Sawari may provide you with or allow you to create a “Shahi Sawari
Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a
“Referred User”) to become new Users (“Referred Users”) or Driving Services Providers (“Referred Driving
Services Providers”). Shahi Sawari Codes may only be distributed for promotional purposes and must be
given away free of charge. You may not sell, trade, or barter your Shahi Sawari Code. You are prohibited
from advertising Shahi Sawari Codes, including but not limited to: Google, Facebook, Twitter, Bing and
Craigslist. Shahi Sawari reserves the right to deactivate or invalidate any Shahi Sawari Code at any
time in Shahi Sawari’s sole discretion.
You may receive credits ("Shahi Sawari Credits") or trip discounts ("Trip Discounts") that you can apply
toward payment of certain charges upon completion of a trip. Shahi Sawari Credits and Trip Discounts are
only valid for use on the Shahi Sawari Platform, and are not transferable or redeemable for cash. Shahi
Sawari Credits and Trip Discounts cannot be combined, and if the cost of your ride exceeds the
applicable credit or discount value we will charge your payment method on file for the outstanding cost
of the trip. Additional restrictions on Shahi Sawari Credits and Trip Discounts may apply as
communicated to you in a relevant promotion. Shahi Sawari may cancel, or vary the terms, relating to any
Shahi Sawari Credits or Trip Discounts at any time in its sole discretion.
From time to time, Shahi Sawari may offer you incentives to refer new Users to the Shahi Sawari
community (the “Referral Program”). These incentives may come in the form of Shahi Sawari Credits and/or
Trip Discounts, and Shahi Sawari may set or change the incentive types, amounts, terms, restrictions,
and qualification requirements for any incentives in its sole discretion.
Communications.
By becoming a User, you agree to receive communications from us, including via e-mail, text message,
calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by
automatic telephone dialling systems (where allowed by and in compliance with local law). Communications
from Shahi Sawari, its affiliated companies and/or Driving Services Providers, may include but are not
limited to: operational communications concerning your User account or use of the Shahi Sawari Platform
or Driving Services, updates concerning new and existing features on the Shahi Sawari Platform,
communications concerning promotions run by us or our third- party partners, and news concerning Shahi
Sawari and industry developments. Standard text messaging charges applied by your cell phone carrier
will apply to text messages we send. If you no longer wish to receive promotional or marketing-related
communications by text message, please contact support@shahisawari.pk and/or review the Privacy Policy
for further information.
4. Charges and Payments.
You understand that use of the Services may result in charges to you for the services or goods you
receive from a Driving Services Provider (“Charges”). After you have received services or goods obtained
through your use of the Driving Services, Shahi Sawari will facilitate your payment of the applicable
Charges on behalf of the Driving Services Provider as such Driving Services Provider’s limited payment
collection agent. Payment of the Charges in such manner shall be considered the same as payment made
directly by you to the Driving Services Provider. Charges will be inclusive of applicable taxes where
required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Shahi
Sawari. You retain the right to request lower Charges from a Driving Services Provider for services or
goods received by you from such Driving Services Provider at the time you receive such services or
goods. Shahi Sawari will respond accordingly to any request from a Driving Services Provider to modify
the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Shahi Sawari using the preferred
payment method designated in your Account, after which Shahi Sawari 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 Shahi Sawari may, as the Driving Services Provider’s limited payment collection
agent, use a secondary payment method in your Account, if available.
As between you and Shahi Sawari, Shahi Sawari 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 Shahi
Sawari’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain
geographical areas may increase substantially during times of high demand. Shahi Sawari 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.
Shahi Sawari 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 or goods 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 Driving Services or the Charges applied to you. You may
elect to cancel your request for services or goods from a Driving Services Provider at any time prior to
such Driving Services Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Driving Services Provider for the services or
goods provided.
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of, Driving Services
Provider vehicles and property resulting from use of the Shahi Sawari Platform under your Account in
excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event
that a Driving Services Provider reports the need for Repair or Cleaning, and such Repair or Cleaning
request is verified by Shahi Sawari in Shahi Sawari’s reasonable discretion, Shahi Sawari reserves the
right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driving
Services Provider using any of your payment methods. Such amounts will be transferred by Shahi Sawari to
the applicable Driving Services Provider and are non-refundable.
5. Monthly Pick and Drop; Fixed Subscription Services
You may choose to opt for a fixed monthly subscription service (“Monthly Pick and Drop”) using the Shahi
Sawari Platform whereby you shall pay the pre-determined Charges for the complete month in advance or as
may be billed by Shahi Sawari on behalf of the Driving Services Provider for availing Driving Services
on a fixed schedule.
Shahi Sawari can revise the Charges at any time with notice. Any subsequent changes in the Charges shall
be determined by Shahi Sawari and communicated to you and adjusted in subsequent billings.
6. Restricted Activities
With respect to your use of the Shahi Sawari Platform and your participation in the Driving Services,
you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise
harass any person, or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or
regulation (iv) interfere with or disrupt the Driving Services or the Shahi Sawari Platform or the
servers or networks connected to the Shahi Sawari Platform (v) post information or interact on the Shahi
Sawari Platform or Driving Services in a manner which is false, inaccurate, misleading (directly or by
omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing, or illegal (vi) use the Shahi Sawari Platform in any way that
infringes any third party’s rights, including but not limited to: intellectual property rights,
copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
(vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt,
damage, destroy or limit the functionality of any computer software or hardware or telecommunications
equipment or surreptitiously intercept or expropriate any system, data or personal information (viii)
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information
transmitted through the Shahi Sawari Platform (ix) “frame” or “mirror” any part of the Shahi Sawari
Platform, without our prior written authorization or use meta tags or code or other devices containing
any reference to us in order to direct any person to any other web site for any purpose (x) modify,
adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the
Shahi Sawari Platform or any software used on or for the Shahi Sawari Platform (xi) rent, lease, lend,
sell, redistribute, license or sublicense the Shahi Sawari Platform or access to any portion of the
Shahi Sawari Platform (xii) use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or
circumvent the navigational structure or presentation of the Shahi Sawari Platform or its contents
(xiii) link directly or indirectly to any other web sites (xiv) transfer or sell your User account,
password and/or identification to any other party (xv) discriminate against or harass anyone on the
basis of race, national origin, religion, gender, gender identity, physical or mental disability,
medical condition, marital status, age or sexual orientation (xvi) cause any third party to engage in
the restricted activities above.
7. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER.
THE SHAHI SAWARI PLATFORM AND DRIVING SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHAHI SAWARI
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN
THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. IN ADDITION, SHAHI SAWARI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE
REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SHAHI SAWARI
PLATFORM, DRIVING SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE SHAHI SAWARI PLATFORM,
OR THAT THE SHAHI SAWARI PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SHAHI SAWARI AND ITS AFFILIATES
DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY DRIVING SERVICES OR ABILITY OF DRIVING SERVICES
PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SHAHI SAWARI PLATFORM AND
DRIVING SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE
MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Shahi Sawari and its Affiliates are not responsible for the conduct, whether online or offline, of any
User or Driving Services Provider using the Shahi Sawari Platform or undertaking Driving Services. You
are solely responsible for your interactions with other Users or with Driving Services Providers. We do
not procure insurance for, nor are we responsible for, personal belongings left in the car by Driving
Services Providers or Users. By using the Shahi Sawari Platform and participating in the Driving
Services, you agree to accept such risks and agree that Shahi Sawari is not responsible for the acts or
omissions of Users or Driving Services Providers on the Shahi Sawari Platform or participating in the
Driving Services.
Shahi Sawari and its Affiliates expressly disclaim any liability arising from the unauthorized use of
your User account. Should you suspect that any unauthorized party may be using your User account or you
suspect any other breach of security, you agree to notify us immediately.
Location data provided by the Shahi Sawari Platform is for basic location purposes only and is not
intended to be relied upon in situations where precise location information is needed or where
erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or
environmental damage. Neither Shahi Sawari, nor its Affiliates nor any of its content providers,
guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked
or displayed by the Shahi Sawari Platform. Any of your information, including geolocational data, you
upload, provide, or post on the Shahi Sawari Platform may be accessible to Shahi Sawari and relevant
Driving Services Providers.
LIMITATION OF LIABILITY.
SHAHI SAWARI 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 SHAHI SAWARI PLATFORM OR DRIVING
SERVICES, EVEN IF SHAHI SAWARI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHAHI SAWARI SHALL
NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE
SHAHI SAWARI PLATFORM OR THE DRIVING SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SHAHI SAWARI
PLATFORM OR THE DRIVING SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY DRIVING
SERVICES PROVIDER OR OTHER THIRD-PARTY PROVIDER, EVEN IF SHAHI SAWARI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SHAHI SAWARI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE
RESULTING FROM CAUSES BEYOND SHAHI SAWARI’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT DRIVING SERVICES
PROVIDERS PROVIDING DRIVING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL
SHAHI SAWARI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SHAHI SAWARI PLATFORM OR THE DRIVING
SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THIRTY THOUSAND PAKISTANI RUPEES (PKR
30000).
THE SHAHI SAWARI PLATFORMMAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATIONWITH DRIVING SERVICES
PROVIDERS BUT YOU AGREE THAT SHAHI SAWARI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY
TRANSPORTATION SERVICES PROVIDED TO YOU BY DRIVING SERVICES PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH
IN THIS AGREEMENT.THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 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 Shahi Sawari, its Affiliates and their 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 Shahi Sawari Platform and the
Driving Services or services or goods obtained through your use of the Shahi Sawari Platform; (ii) your
breach or violation of this Agreement or(iii) your violation of the rights of any third party, including
Driving Services Providers.
8. Dispute Resolution
Arbitration.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation or validity thereof or the use of the Shahi Sawari
Platform or Driving Services (collectively, "Disputes") will be settled by binding arbitration between
you and any relevant Affiliate in your jurisdiction, or between you and Shahi Sawari (Private) Limited
if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to
seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade
secrets, patents or other intellectual property rights. You acknowledge and agree that you and Shahi
Sawari are each waiving the right to a trial by jury or to participate as a plaintiff or class in any
purported class action or representative proceeding. Further, unless both you and the relevant Affiliate
otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may
not otherwise preside over any form of any class or representative proceeding. If this specific
paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed
void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any
termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined
below) between you and Shahi Sawari and/or any of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to
the Shahi Sawari Platform or this Agreement, including those relating to its validity, its construction
or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings
under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has
not been settled within sixty (60) days after a request for mediation has been submitted under such ICC
Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by
arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration
Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by
one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and
arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its
registered office. The language of the mediation and/or arbitration shall be English, unless you do not
speak English, in which case the mediation and/or arbitration shall be conducted in both English and
your native language. The existence and content of the mediation and arbitration proceedings, including
documents and briefs submitted by the parties, correspondence from and to the International Chamber of
Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole
arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the
express written consent from the other party unless: (i) the disclosure to the third party is reasonably
required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party
agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
9. Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of Pakistan or in case of an
Affiliate, the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to
any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to
your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Shahi Sawari at support@shahisawari.pk
Notice.
Shahi Sawari may give notice by means of a general notice on the Shahi Sawari Platform, 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 Shahi Sawari by written communication to Shahi Sawari's email
address at support@shahisawari.pk.
General.
You may not assign or transfer your rights under this Agreement in whole or in part without Shahi
Sawari’s prior written approval. You give your approval to Shahi Sawari for it to assign or transfer its
rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or
affiliate; (ii) an acquirer of Shahi Sawari’s equity, business or assets; or (iii) a successor by
merger. No joint venture, partnership, employment or agency relationship exists between you, Shahi
Sawari or any Driving Services Provider as a result of the contract between you and Shahi Sawari or use
of the Shahi Sawari Platform.
If any provision of this Agreement 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 this
Agreement but the legality, validity and enforceability of the other provisions in this Agreement 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 this Agreement. This Agreement constitutes
the entire agreement and understanding of the parties with respect to its subject matter and replaces
and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.