These terms of service constitute a legally binding agreement (the “Agreement”) between you and Yugo Limited. (“Yugo,” “we,” “us” or “our”) governing your use of the Yugo application, website, and technology platform (collectively, the “Yugo Platform”).

By entering into to this Agreement, and/or by using or accessing the Yugo platform you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Yugo Platform.

1. The Yugo Platform

YUGO DOES NOT PROVIDE TRANSPORTATION SERVICES, AND IS NOT A TRANSPORTATION CARRIER. The Yugo Platform provides a marketplace where persons who seek transportation to certain destinations (“Passengers”) can be matched with persons driving to or through those destinations (“Partners”). Partners and Passengers are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Yugo Platform. Each person may only create one User account, and Yugo reserves the right to shut down any additional accounts. As a User, you authorize Yugo to match you with a Partner or User based on factors such as your location, the estimated time to pick up, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Partners to Users that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Partner to a User shall constitute a separate agreement between such persons.

2. Modification to the Agreement

In the event Yugo modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Yugo reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Yugo Platform or Services after any such changes shall constitute your consent to such changes.

3. Eligibility

The Yugo Platform may only be used by individuals who can form legally binding contracts under applicable law. The Yugo Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

4. Charges

As a User, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, surcharges, and taxes, plus any tips to the Partner that you elect to pay. Yugo has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms on the Yugo Platform or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., standard, Luxury, premium etc.) as described on the Yugo Platform. You are responsible for reviewing the applicable price quote within the Yugo app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Fares.

There are two types of fares: Estimated and Fixed.

Estimated Fares. Estimated fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. The estimated fare quoted prior a particular booking and the final fare at the end of the trip may vary. The final fare at the end of the trip is dependent on the actual distance travelled and the actual time taken for the trip. Please note that we use GPS data from your Partner’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.

Fixed Fares. In some cases (i.e, Airport Transfers) Yugo may quote you a Fixed Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Yugo Platform, we may cancel the fare quoted and charge you a Estimated fare based on the time and distance of your ride. Yugo does not guarantee that the fixed fare price will be equal to a Estimated fare for the same ride.

Fees and Other Charges.

Service Fee. You may be charged a “Service Fee” for each ride.

Prime Time.. At times of high demand for Services (“Prime Time”) you acknowledge that Charges may increase substantially. For all rides with an Estimated fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. For Fixed fares we may factor in the Prime Time multiplier into the quoted price of the ride.

Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our FAQ section to learn more about Yugo’s cancellation policy, including applicable fees.

Damage Fee.. If a Partner reports that you have materially damaged the Partner's vehicle, you agree to pay a “Damage Fee” of up to Rs10,000 depending on the extent of the damage (as determined by the Partner in its sole discretion), towards vehicle repair or cleaning. Yugo reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior.

Other Charges.. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, payment processing fees etc. In addition, where required by law Yugo will collect applicable taxes.

Tips.. Following a ride, you may elect to tip your Partner in cash or through the Yugo application. Any tips will be provided entirely to the applicable Partner.

General.

Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., MiGS Payment Gateway and MCB Juice by Mauritius Commercial Bank). Yugo may replace its third-party payment processing services without notice to you. Charges shall only be made through the Yugo Platform. Your payment of Charges to Yugo satisfies your payment obligation for your use of the Yugo Platform and Services.

No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Yugo Platform, any disruption to the Yugo Platform or Services, or any other reason whatsoever.

Coupons/ Promo codes. You may receive coupons/ Promo codes that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the Yugo Platform, and are not transferable or redeemable for cash except as required by law. Coupons 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 Ride. For Fixed or Estimated fares, Yugo may deduct the amount attributable to the Service Fee or Other Charges before application of the coupon. If you split payment for a Ride with another User, your coupon will only apply to your portion of the Charges. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Yugo App.

Credit Card Authorization/ Charge. Currently, Yugo does not seek any authorization/ charge on your credit card for any booking you make. Yugo does not require you to make an advance payment for a booking. The payments are due once the trip has ended and the final fare displayed.

Yugo In-app Wallet – The Yugo Platform provides a facility for Users to add funds into their Yugo wallet which can be used for any Service within the Yugo Platform. The funds once added cannot be withdrawn or refunded to the User. Funds in your Yugo Platform Wallet are not transferrable by any means or form.

5. Payments

If you are a Partner, you will receive payment for your provision of Services pursuant to the terms of the Partner Addendum, which shall form part of this Agreement between you and Yugo. The Partner Addendum is available in the Partner dashboard when you log into your account.

6. Yugo Communications

By entering into this Agreement or using the Platform, 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. Communications from Yugo, its affiliated companies and/or Partners, may include but are not limited to: operational communications concerning your User account or use of the Yugo Platform or Services, updates concerning new and existing features on the Yugo Platform, communications concerning promotions run by us or our third-party partners, and news concerning Yugo and industry developments. Standard text messaging charges applied by your cell phone carrier may apply to text messages You send.

If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Yugo Platform or the Services. If you may have the option to opt out of some email, texts or calls from Yugo (including operational or transactional texts or calls), however you acknowledge that opting out of receiving email, texts or calls may impact your use of the Yugo Platform or the Services.

7. Your Information

Your Information is any information you provide, publish or post to or through the Yugo Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Yugo-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Yugo Platform and participate in the Services. Our collection and use of personal information in connection with the Yugo Platform and Services is as provided in Yugo’s Privacy Policy located at www.Yugo.com/privacy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Yugo to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Yugo does not assert any ownership over your Information; rather, as between you and Yugo, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your Yugo User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to Yugo through an SNS Account, you understand that Yugo may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Yugo Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

8. Promotions and Referral Programs

Yugo, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Yugo. Yugo reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Yugo 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.

As part of your User account, Yugo may provide you with or allow you to create a “Yugo Code,” a unique numeric or alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new Yugo Users (“Referred Users”) or Partners (“Referred Partners”). Yugo Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Yugo Code. You are prohibited from advertising Yugo Codes in any way, including through any of the following: Google, Facebook, Twitter, any Social Media Platform or website. Yugo reserves the right to deactivate or invalidate any Yugo Code at any time in Yugo’s discretion.

From time to time, Yugo may offer you with incentives to refer your friends and family to become new Users of the Yugo Platform (the “Referral Program”). These incentives may come in the form of Yugo Credits to your Yugo App Wallet, and Yugo may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

9. Restricted Activities

With respect to your use of the Yugo Platform and your participation in the Services, you agree that you will not:

1. impersonate any person or entity;

2. stalk, threaten, or otherwise harass any person, or carry any weapons;

3. violate any law, statute, rule, permit, ordinance or regulation;

4. interfere with or disrupt the Yugo Platform or the servers or networks connected to the Yugo Platform;

5. post Information or interact on the Yugo Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;

6. use the Yugo Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

7. 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;

8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Yugo Platform;

9. “frame” or “mirror” any part of the Yugo 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;

10. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Yugo Platform or any software used on or for the Yugo Platform;

11. rent, lease, lend, sell, redistribute, license or sublicense the Yugo Platform or access to any portion of the Yugo Platform;

12. 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 Yugo Platform or its contents;

13. link directly or indirectly to any other web sites;

14. transfer or sell your User account, password and/or identification to any other party

15. 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, or cause any third party to engage in the restricted activities above.

10. Partner Representations, Warranties and Agreements

By providing Services as a Partner on the Yugo Platform, you represent, warrant, and agree that:

1. You possess a valid Driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, permits, approvals and authority to provide transportation to Users in all jurisdictions in which you provide Services as prescribed by the National Transport Authority (NTA).

2. You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.

3. You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Partner while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Yugo community or third parties.

4. You will only provide Services using the vehicle that has been reported to, and approved by Yugo, and for which a photograph has been provided to Yugo, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).

5. You will not, while providing the Services, demand that a User pay in cash, or use a credit card reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.

6. You will not attempt to defraud Yugo or Users on the Yugo Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.

7. You will make reasonable accommodation for Senior Users and physically challenged Users.

8. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

9. You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.

10. You will pay all applicable local taxes based on your provision of Services and any payments received by you.

11. Intellectual Property

All intellectual property rights in the Yugo Platform shall be owned by Yugo absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Yugo Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Yugo. Yugo shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

YUGO and other Yugo logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Yugo in Mauritius (collectively, Yugo Marks). If you provide Services as a Partner, Yugo grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Yugo Marks solely in connection with providing the Services through the Yugo Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Yugo’s prior written permission, which it may withhold in its sole discretion. The Yugo Marks may not be used in any manner that is likely to cause confusion.

You acknowledge that Yugo is the owner and licensor of the Yugo Marks, including all goodwill associated therewith, and that your use of the Yugo Marks will confer no additional interest in or ownership of the Yugo Marks in you but rather inures to the benefit of Yugo. You agree to use the Yugo Marks strictly in accordance with Yugo’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Yugo determines to nonconforming or otherwise unacceptable.

You agree that you will not: (1) create any materials that use the Yugo Marks or any derivatives of the Yugo Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Yugo in writing; (2) use the Yugo Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Yugo Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Yugo’s rights as owner of the Yugo Marks or the legality and/or enforceability of the Yugo Marks, including, challenging or opposing Yugo’s ownership in the Yugo Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Yugo Marks, any derivative of the Yugo Marks, any combination of the Yugo Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Yugo Marks; (5) use the Yugo Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.

Violation of any provision of this License may result in immediate termination of the License, in Yugo’s sole discretion. If you create any materials bearing the Yugo Marks (in violation of this Agreement or otherwise), you agree that upon their creation Yugo exclusively owns all right, title and interest in and to such materials, including any modifications to the Yugo Marks or derivative works based on the Yugo Marks. You further agree to assign any interest or right you may have in such materials to Yugo, and to provide information and execute any documents as reasonably requested by Yugo to enable Yugo to formalize such assignment.

Yugo respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Yugo Platform or Services infringe upon your copyrights, please share your concerns via our support email hello@yugo.mu

12. Disclaimers

The following disclaimers are made on behalf of Yugo, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Yugo does not provide transportation services, and Yugo is not a transportation carrier. Yugo is not a common carrier or public carrier. It is up to the Partner to decide whether or not to offer a ride to a User contacted through the Yugo Platform, and it is up to the User to decide whether or not to accept a ride from any Partner contacted through the Yugo Platform. We cannot ensure that a Partner or User will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.

The Yugo Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Yugo Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that your use of the Yugo Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Yugo Platform will be corrected, or that the Yugo Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Yugo Platform or Services.

We cannot guarantee that each User is who he or she claims to be. Please use common sense when using the Yugo Platform and Services, including looking at the photos and/or vehicle registration of the Partner or User you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretence, and we do not accept responsibility or liability for any content, communication or other use or access of the Yugo Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly via the Yugo Platform with each potential Partner or User prior to engaging in an arranged transportation service.

Yugo is not responsible for the conduct, whether online or offline, of any User of the Yugo Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Partners or Users. By using the Yugo Platform and participating in the Services, you agree to accept such risks and agree that Yugo is not responsible for the acts or omissions of Users on the Yugo Platform or participating in the Services.

You are responsible for the use of your User account, User Wallet and Yugo expressly disclaims 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.

It is possible for others to obtain information about you that you provide, publish or post to or through the Yugo Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Yugo Platform or through the Services. Please carefully select the type of information that you post on the Yugo Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Yugo or made available through the Yugo Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Yugo Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Yugo Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the Yugo 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 Yugo, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Yugo Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Yugo Platform may be accessible to Yugo and certain Users of the Yugo Platform.

Yugo advises you to use the Yugo Platform with a data plan with unlimited or very high data usage limits, and Yugo shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Yugo Platform.

This paragraph applies to any version of the Yugo Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Yugo. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Yugo Platform. Yugo, not Apple, is solely responsible for the Yugo Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

As a Partner, you may be able to use "Google Maps built by Google" while providing Services on the Platform. If you elect to use this feature, you agree that Google may collect your location data when the Yugo App is running in order to provide and improve Google's services, that such data may also be shared with Yugo in order to improve its operations, and that Google's terms and privacy policy will apply to this usage.

13. Indemnity

You will defend, indemnify, and hold Yugo including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Yugo Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Partners, Users, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Yugo Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Partner; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

14. Limitation of Liability

In no event will Yugo, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Yugo” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Yugo Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Yugo Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Yugo Platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that Yugo has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

15. Arbitration

Users agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrarily of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the Republic of Mauritius. The arbitration shall be conducted by the appropriate arbitrator body, or as otherwise mutually agreed by you and Yugo.  Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  Claims shall be brought within the time required by applicable law.  You and Yugo agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND YUGO 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.

16. Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Yugo; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Yugo may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Yugo’s star rating or cancellation threshold; (3) Yugo has the good faith belief that such action is necessary to protect the safety of the Yugo community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Yugo’s reasonable satisfaction prior to Yugo permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Yugo’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.

17. Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Yugo’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Yugo for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Yugo in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Yugo with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Yugo or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Yugo; becomes known to you, without restriction, from a source other than Yugo without breach of this Agreement by you and otherwise not in violation of Yugo’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Yugo to enable Yugo to seek a protective order or otherwise prevent or restrict such disclosure.

18. Relationship with Yugo

As a Partner on the Yugo Platform, you acknowledge and agree that you and Yugo are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Yugo expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Yugo; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Yugo, and you undertake not to hold yourself out as an employee, agent or authorized representative of Yugo.

Yugo does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Yugo Platform. You retain the option to accept or to decline or ignore a User’s request for Services via the Yugo Platform, or to cancel an accepted request for Services via the Yugo Platform, subject to Yugo’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Yugo shall have no right to require you to: (a) display Yugo’s names, logos or colours on your vehicle(s); or (b) wear a uniform or any other clothing displaying Yugo’s names, logos or colours. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

19. General

This Agreement shall be governed by the laws of the Republic of Mauritius. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Yugo, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Yugo shall be given by certified mail, postage prepaid and return receipt requested to Yugo Limited, Mezzanine Floor, INOVA Riche Terre Business Park, Riche Terre, Mauritius. Any notices to you shall be provided to you through the Yugo Platform or given to you via the email address or physical you provide to Yugo during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Yugo with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

If you have any questions regarding the Yugo Platform or Services, please contact us by email on hello@yugo.mu