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Terms and Conditions of Use of Mobi4U Morocco
These terms and conditions of use (hereinafter, the “Conditions”) constitute an agreement regulating the downloading and use of the Mobi4U Application (hereinafter, the “App” or “Mobi4U”) by its users (hereinafter, the “User” or the “Users”, as applicable).
GROUPE ALSA TRANSPORT, S.A, with registered offices at Calle Josefa Valcárcel, 20, 28027, Madrid (Spain) and Tax ID No. (CIF) B-82059478 (hereinafter, “Alsa”), as sublicensee, uses the software infrastructure created by FOSTERING MOBILITY, S.L. (hereinafter, “Meep”) to host a MaaS solution – the App or Mobi4U – through which Alsa offers mobility related services via said App.
Agreement to these Conditions, which confers the status of User, is indicated by the express acceptance of said Conditions on the App home screen, i.e.; by merely accessing the App or using it. Therefore, downloading or using the App implies that the User has read and agrees to the Conditions in full, and is bound to comply with them in their entirety. If the User does not agree to the contents of the Conditions, albeit partially, they should leave the App and refrain from opening it again and from using its services.
These Conditions and any modifications made to them at a later date constitute the entire agreement between the User and Alsa with regard to the App and replace any previous or current communications.
Alsa reserves the right to unilaterally change the Conditions at any time. Any substantial change to these Conditions will be clearly communicated to the User. The above does not apply in the event of non-substantial changes or modifications imposed by mandatory rules or regulations or measures by the competent authorities, which are to be applied, even without prior warning, from the time they are published.
The date indicated at the start of these Conditions is the date they were last revised, and they will be applicable from the time they are published.
Some services included in the App may be subject to conditions or instructions specific to Meep or the third parties providing them, where applicable, and will serve as an addition to these Conditions, or replace them in the event that they contradict them. The User must agree to such conditions or instructions before the provision of the service on the part of Alsa.
1. OBJECT OF THE SERVICES INCLUDED IN THE APP
By means of the Mobi4U App, and on behalf of the companies that make up the Alsa Organisation, the main activity of which is passenger transport by road (hereinafter, the “Operator”), Alsa provides a service to the Users whereby it advertises, informs, offers and sells the transportation services of all the companies that make up the Alsa Corporate Organisation (hereinafter, the “Operator Service” or the “Operator Services”) and the Users may become aware of, book and purchase the Operator Service or Services.
Alsa oversees and provides the Operator Services offered on the App. By using the App to contract an Operator Service, the User agrees to enter into a direct contractual relationship with Alsa, as the provider of the Operator Service, being solely responsible for any decision regarding the acceptance, provision or cancellation of the Operator Service.
By means of the App, the User must enter the departure and destination details for the trip they wish to take, or select the stop they are interested in to display the options offered by the Operator for said route or stop, as well as the Operator Services linked to that route or stop, so that the User may choose what best suits them. Once the Users have selected the Operator Service they would like, the Operator will directly manage the payment on the App via the method chosen by the User on the App.
The Operator will be solely responsible for complying with any applicable regulations that may apply to the service it is providing, as well as any resulting authorisations and licences.
2. AUTHORISED USE AND RESTRICTIONS
The User is authorised to use the App and the Operator Services only in accordance with these Conditions.
The User is authorised to use the App and the Operator Services only if they are a natural person who, in accordance with the applicable legislation, has sufficient legal capacity to accept these Conditions and has not been banned by Alsa for breaching any of said Conditions.
The Users are responsible for ensuring that they meet the requirements for using the Operator Services set out by Alsa in accordance with the relevant terms and regulations (e.g., age, ID, etc.) and is solely responsible for any damages or harm resulting from a failure to meet said requirements.
The User undertakes to use the Operator Services in good faith. The use of Operator Services by the Users for any reason other than personal use, such as for commercial purposes, for profit or with a view to doing business is not permitted.
It is the User’s responsibility to check, prior to using it, that the App and the Operator Services offered meet their needs, and any use the User makes of the App and of the information it contains is their sole responsibility.
The User undertakes to make appropriate and diligent use of the services and content provided in the App and to not use the Operator Services negligently, for fraudulent purposes, or for illegal activities or criminal offences, or in ways that breach these Conditions, the regulations on intellectual and industrial property, or any other legal regulations. Likewise, the User agrees not to behave in any way that could damage the image, interests or rights of Alsa, other users, or third parties.
The User will refrain from interfering in the functioning of the App or in the Operator Services, and agrees not to impersonate another User or person. The User agrees not to do anything that may damage, disable, overload, disrupt or hinder the normal use of the App or of the Services, which could affect their security or impede or interfere with them. Access using bots, spiders or any other device, program, mobile application or tool for accessing, copying or controlling any part of the App or the Operator Services, or any other kind of access or use of the App or the Operator Services contrary to normal, personal use, is forbidden. Furthermore, obtaining or trying to obtain content from the App by using means or techniques other than those normally used or expressly authorised by Alsa is prohibited.
Registration is not required to be able to download and install the App or to access its content in general. Nevertheless, the User is required to register to be able to use certain Operator Services, by creating a username and password and activating their account under the terms described below.
The User may choose to register directly as soon as they start using the App after reading the initial instructions on how to use it, or they may register at a later time by tapping on the “Log in” section.
To do so, the User must provide their name and surname(s) as they appear on their ID, their date of birth and a valid email address to receive any notifications relating to the App and the Operator Services. The User must also provide a valid mobile number, to which a code will be sent and which the User must then provide to complete the registration process.
The User undertakes to provide the information that is mandatory for registration and to ensure that it is accurate, complete and up-to-date. The User is responsible for keeping said information up-to-date accordingly. In the event that the User provides false, incomplete or out-of-date information or Alsa suspects that this may be the case, Alsa may suspend or cancel their registration.
The User must keep their password safe, private, and should not share it with anyone else. Other Users should not be given access to the User's account, nor should the User make use of another user’s account.
The User is responsible for any actions taken under their account via any device. Should they suspect that another user is using their account or that their security has been compromised for any other reason, they must immediately make this known to Alsa.
Alsa may suspend or cancel the User’s account if it deems that these Conditions have been breached.
4. PRICES, CHANGES AND CANCELLATION POLICY AND PAYMENT METHODS
The App is free to install and use. The only payments that the User will be required to make via the App are the rates established by Alsa with the Service Operator.
Prices offered by Alsa on the App include the applicable fees and taxes. The prices of Operator Services are subject to the validity and conditions established by Alsa. Fees and taxes applied to the prices of the Operator Services may vary depending on the regulations in place at any given time. Cancellation fees depend exclusively on Alsa’s changes and cancellation policy.
Discounts and promotions
Discounts only apply to the price of the Operator Service referred to in the corresponding promotion and are subject to the conditions established by Alsa.
Alsa reserves the right to apply additional restrictions to discounts or promotions, of which the User will be informed as part of the promotion in question or in the section created for this in the App.
Changes and cancellation policy
After requesting an Operator Service, the User may cancel this via the App, but in certain cases, and depending on what Alsa has previously agreed to, a cancellation fee may be charged. The trip may also be charged to the User’s account if they do not show up despite having made the booking. The User can find more information on Alsa’s cancellation policy, including the rates that apply, in the “Help” section of the App, by tapping on “Changes and Cancellation Policy”.
The User may pay for the Operator Service they wish to purchase on the App itself. To do so, they must go to the “My Cards” section and select the payment method they wish to use; debit and credit cards are accepted.
Payments may not be made in cash via the App.
5. MESSAGES AND NOTIFICATIONS
As part of the services included and sold via the App, the User may receive alerts and/or other communications directly via the App (hereinafter referred to as “Push Notifications”), or via text message (SMS), WhatsApp, or email, depending on the instructions given, the details provided by the User and the channel chosen by Alsa.
The User may control and manage their Push Notifications settings at any time by enabling or disabling them in their device settings.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
Alsa reserves all rights to the brands, trade names or other distinguishing signs, patents and intellectual property relating to the contents and design of the App.
All App content, including but not limited to texts, graphics, images, design and intellectual property rights that may correspond to said content are also the property of Alsa, who reserves all rights to said content.
7. FUNCTIONING OF THE APP
Alsa does not guarantee availability in terms of access to and continuity of the App and the services offered therein. As such, it will not be held responsible, within the limits established by current legal regulations, for any damages or harm suffered by the User as a result of the unavailability, lack of continuity, or access failures of the App and, by extension, of its services.
The downloading, access and use of the App on mobile devices or similar does not imply an obligation on the part of Alsa to ensure the absence of virus or any other harmful IT elements.
It is the User's responsibility to have the appropriate tools for detecting and disinfecting harmful computer programs.
8. PARTIAL ANNULMENT
In the event that any of the terms of these Conditions be declared null, they will be removed or replaced. Should this occur, the validity of the rest of the terms included in these Conditions will not be affected.
9. APPLICABLE LAW AND JURISDICTION
Use of the App and the services contained therein is governed by Moroccan law.
Any dispute, legal proceedings or grievance arising in relation to these Conditions or resulting from the use of the App will be submitted to the jurisdiction where the User resides.