TERMS OF SERVICE
General terms and conditions of use of the services of the site www.apexiatransport.com and the application:
Important - Service note to the user on the "Apexia Transport" internet site and application:
Please read carefully the general terms and conditions of use of the services provided by Apexia Transport below established.
They govern the relationship between you and Apexia Transport, the owner of www.apexiatransport.com, and the service restrictions that you accept by clicking on the "I have read and accept the general terms and conditions of use" button.
Before any use of the services of www.apexiatransport.com via its website or mobile application:
- You acknowledge being at least eighteen years old and capable of contracting; otherwise, having parental authorization.
- You guarantee that all the information you provide is true and accurate. Any speculative, false, or fraudulent booking is prohibited;
- You accept all the provisions of these general conditions as well as the limitations of liability described in article 6;
- You acknowledge that the general conditions are enforceable in the same way as any other written contract you would have signed;
- If you disagree with the terms of these general conditions of use, you are not authorized to use the services on the website and application www.apexiatransport.com.
Apexia Transport reserves the right to modify these general conditions of use according to the evolution of the site, the application, or the legislation. It will be up to each user to regularly consult these general conditions of use to be informed of any changes.
Article 1: Definitions
1.1 "Driver" refers to the independent professional affiliated with Apexia Transport who carries out the transport booked by the user.
1.2 "Order" refers to any request for vehicle booking made and validated by the user from the mobile application or the website.
1.3 "Booking" refers to any booking of a trip or provision made by a user via the site.
1.4 "Trip": a trip begins as soon as the user gets into the vehicle sent to carry out the journey and ends when the client gets out of the same vehicle. A trip can be either an immediate trip or an advanced booking.
1.5 "Immediate trip" refers to any trip booked for pick-up within a timeframe ranging from zero (0) to thirty (30) minutes maximum before the departure of the trip.
1.6 "Advance booking" refers to any trip booked by the client in a timeframe exceeding thirty (30) minutes minimum before the departure of the trip.
1.7 "Identifiers" refers to any access code and/or password chosen by the user and intended to allow the user to identify themselves, enter their bank details, and use the platform www.apexiatransport.com in accordance with the stipulations of these conditions.
1.8 "Provision" refers to the booking of a driver for a certain minimum number of hours and with a limited number of kilometers per hour, subject to specific billing separate from trips.
1.9 "Service" refers to the provision of connecting services provided by the platform www.apexiatransport.com free of charge to the user, consisting of searching, on behalf of the user, for an available driver in the geographical perimeter of the request according to the indications provided by the latter and to connect them via the site for ordering a trip or a provision.
1.10 "Site" refers to the internet site www.apexiatransport.com and the infrastructure developed by Apexia Transport according to the computer formats usable on the internet including data of different natures and, in particular, texts, sounds, still or animated images, videos, databases intended to be consulted by the user to know its services.
1.11 "SMS" refers to any text message sent to a mobile phone or smartphone.
1.12 "Carrier" refers to any natural or legal person who uses one or more vehicles belonging to them or not for road transport.
Article 2: Purpose
2.1 The purpose of these general terms and conditions of use is to define the rights and obligations of the parties within the framework of the provision of the service of searching for an available driver via the site and the application www.apexiatransport.com. The service allows the user to book a professional driver to perform a specific journey or for a provision. The use of the service is subject to compliance with the general terms and conditions of use set out below.
Article 3: User Commitment
3.1 The user declares to be eighteen (18) years old and to have the legal capacity to contract.
3.2 The user acknowledges that the use of the service is subject to the acceptance of these general terms and conditions of use.
3.3 The user undertakes to provide truthful, accurate, and complete information when registering on the site or application, especially regarding personal data.
3.4 The user is solely responsible for the use of the services, particularly for bookings made from their account.
3.5 The user undertakes not to use the service for illegal or fraudulent purposes, nor to disrupt, slow down, or compromise the proper functioning of the site or application.
3.
6 The user undertakes not to communicate their identifiers to third parties and to keep them confidential. They are responsible for any use of their account by third parties.
Article 4: Modifications of the General Conditions of Use
4.1 Apexia Transport reserves the right to modify these general conditions of use at any time. Users will be informed of any changes by a warning on the site or application and will be invited to accept the new conditions to continue using the services.
4.2 The modifications made to the general conditions of use will take effect from their publication on the site or application. By continuing to use the services after the effective date of the changes, the user accepts the new general conditions of use.
Article 5: Rates
5.1 The rates applicable to trips are defined by Apexia Transport and may vary according to different criteria such as the distance traveled, the duration of the trip, the type of vehicle, applicable taxes, etc.
5.2 The rates are displayed on the site and the application and are subject to change at any time. The rates applicable to a trip are those in effect at the time of booking the trip.
5.3 Payment for trips is made by the means of payment accepted by Apexia Transport, such as credit cards, electronic wallets, etc.
Article 6: Responsibilities
6.1 Apexia Transport makes every effort to provide a quality service but cannot guarantee the accuracy, reliability, or permanent availability of its service.
6.2 Apexia Transport cannot be held responsible for delays, cancellations, or interruptions of service caused by factors beyond its control, such as traffic conditions, unexpected events, accidents, strikes, weather conditions, etc.
6.3 Apexia Transport declines all responsibility in case of loss or damage to users' property, including luggage, during the use of the service.
6.4 Apexia Transport is not responsible for the behaviors, actions, or omissions of affiliated drivers, who are independent professionals.
Article 7: Commitments
7.1 The user undertakes to respect the rules of conduct and safety on board the vehicle when using the service.
7.2 The user undertakes to pay the total amount of the trip according to the rates in effect at the time of booking.
7.3 The user undertakes to treat the driver and employees of Apexia Transport with respect and courtesy.
Article 8: Delays and Cancellations
8.1 The user is responsible for presenting themselves at the pick-up address at the agreed time during the booking. Any delay of more than five (5) minutes may be considered a cancellation of the trip by the user.
8.2 In case of cancellation of the trip by the user after the booking has been accepted by a driver, cancellation fees may be charged according to the rates in effect.
Article 9: Order Extensions
9.1 If the user wishes to extend a trip beyond the initially booked duration, they must inform the driver and obtain their agreement. Additional charges for extending the trip will be billed according to the rates in effect.
Article 10: Claims
10.1 Any claim related to the use of the service must be addressed to Apexia Transport as soon as possible, providing all relevant details.
Article 11: Applicable Law
11.1 These general conditions of use are governed by the law in force in Morocco. Any dispute relating to their interpretation or execution will be subject to the exclusive jurisdiction of the Moroccan courts.
Article 12: Payment Methods
12.1 Payments for trips can be made by credit card, electronic wallet, or any other means of payment accepted by Apexia Transport.
Article 13: Protection of Personal Data
13.1 Apexia Transport commits to protecting users' personal data in accordance with its privacy policy available on the site and application.
Article 14: Refund Clause
14.1. Refund Conditions: Apexia Transport commits to refunding clients in the following situations:
- Cancellation of a service by Apexia Transport due to unforeseen or internal circumstances.
- Cancellation by the client more than 30 days before the scheduled date and time of the service.
14.2. Refund Procedures: Refunds will be made via the same means of payment used during the booking, unless the client expressly accepts a different method. Refund requests will be processed within a maximum of 14 working days after acceptance of the cancellation request.
14.3. Exclusions: Cancellation requests made less than 30 days before the scheduled service will not be eligible for a refund, except in cases of exceptional circumstances, which will be evaluated on a case-by-case basis by Apexia Transport.
Article 15: Right of Withdrawal
15.1. Exercise of the Right of Withdrawal: Clients have a right of withdrawal of 14 days from the date of conclusion of the service contract. To exercise this right, the client must inform Apexia Transport of their decision by a clear statement (email, letter sent by mail, etc.).
15.2. Consequences of Withdrawal: In the event of a valid exercise of the right of withdrawal within the aforementioned period, Apexia Transport will refund all payments received, including delivery costs (except for additional costs resulting from the choice of a more expensive delivery method than the standard delivery offered by Apexia Transport), without undue delay and, in any case, no later than 14 days from the day on which Apexia Transport is informed of the client's decision to withdraw.
15.3. Limitations: The right of withdrawal does not apply to services fully performed before the end of the withdrawal period, or when the service is of a nature such that it cannot be returned.
Article 16: User Rights Concerning Personal Data
16.1 Users have rights over their personal data, including the right of access, rectification, erasure, opposition, restriction of processing, and portability, in accordance with applicable legislation.
16.2 To exercise their rights or for any questions regarding the protection of personal data, users can contact Apexia Transport via the contact details provided in the privacy policy.
By accepting these general conditions of use, you acknowledge having read and accepted all of the provisions set forth above.
APEXIA TRANSPORT SARL
RUE JBEL MOUSSA IMM 22 N°12 AGDAL-RABAT
RC: 168793 – IF: 53796636 – CNSS: 4834101 – ICE: 00329363100001