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1. Contractual Relationship
 
These Terms of Use ("Terms") govern your access or use of Volta App and not related to any other business Volta related to, from within Egypt and its territories and possessions, of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 3) 
 
By accessing or using the Services, you confirm your agreement to be bound by these Terms. 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. Volta 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.
 
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH VOLTA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
 
Volta may amend the Terms from time to time. Amendments will be effective upon Volta’s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Volta changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Volta written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Volta Egypt, LLC (the name and current contact information for the registered agent in each state are available onlin, or (b) by email from the email address associated with your Account to: care@volta.cab. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
 
Volta’s collection and use of personal information in connection with the Services is described in Volta's Privacy Statements.
 
2. Arbitration Agreement
 
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Volta on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Volta, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Volta by someone else.
 
Agreement to Binding Arbitration Between You and Volta.
 
You and Volta agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Volta, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Services, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Volta agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.
 
You acknowledge and agree that you and Volta are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. 
 
Process.
 
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration.
 
Unless you and Volta otherwise agree, the arbitration will be conducted in the place where you reside. If your claim does not exceed EGP 10,000, then the arbitration will be conducted solely on the basis of documents you and Volta submit to the Arbitrator, unless you request a hearing.
 
Arbitrator's Decision.
 
The Arbitrator will render an award within the time frame specified in the Law Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Volta will not seek, and hereby waives all rights Volta may have under applicable law to recover attorneys' fees and expenses if Volta prevails in arbitration.
 
Fees.
 
Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Law Rules. However, if your claim for damages does not exceed EGP 50,000, Volta will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose.
 
Changes.
 
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Volta changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Volta written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process.
 
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
 
3. The Services
 
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Volta or certain of Volta's affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Volta in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH VOLTA AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
 
License.
 
Subject to your compliance with these Terms, Volta grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable 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 Volta and Volta's licensors.
 
Restrictions.
 
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 Volta; (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.
 
Provision of the Services.
 
You acknowledge that portions of the Services may be made available under Volta's various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as "Volta Cab," "ECO," "Micro," and the logistics request products currently referred to as "Bird," You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Volta's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.
 
Third Party Services and Content.
 
The Services may be made available or accessed in connection with third party services and content (including advertising) that Volta 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. Volta does not endorse such third party services and content and in no event shall Volta be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows. These third party beneficiaries 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 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 Volta's property or the property of Volta'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 Volta's company names, logos, product and service names, trademarks or services marks or those of Volta's licensors.
 
4. Access and 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 25 years of age, or the age of legal majority in your jurisdiction, to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Volta certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Volta. 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 or use the Services. 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 Volta 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 25. You may not authorize third parties to use your Account, and you may not allow persons under the age of 25 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 accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification 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 or other method of identity verification.
 
Text Messaging and Telephone Calls.
 
You agree that Volta may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Volta account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Volta at any time, by calling our call center and ask to be removed.
 
Volta may, in Volta's sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Volta 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 Volta, you grant Volta a worldwide, perpetual, irrevocable, transferable, 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 Volta'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 Volta 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 Volta'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, or result in the violation of any applicable law or regulation.
 
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Volta in its sole discretion, whether or not such material may be protected by law. Volta may, but shall not be obligated to, review, monitor, or remove User Content, at Volta'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 your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Volta 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.
 
5. Payment
 
You understand that use of the Services may result in charges to you for the services you receive ("Charges"). Volta will receive and/or enable your payment of the applicable Charges for services obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments
 
All Charges and payments will be enabled by Volta using the preferred payment method designated in your Account, after which you will receive 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 Volta may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Volta.
 
As between you and Volta, Volta 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 Volta's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Volta 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. Volta 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 Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Volta may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
 
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Volta will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services, and Charges you incur will be owed to the Third Party Provider. Volta will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Volta or its affiliates, where Volta is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Volta for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Volta will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, Volta does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Volta (on Volta's website, in the Application, or in Volta's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Volta provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.