We are Flotas, Inc. (“Flotas,” “Us,” “We,” or “Our”), and we are a platform that helps to define, create and connect a global community of friends and colleagues who not only want to celebrate shared interests, but who also want to minimize cultural, geographic and social divisions between them through online and offline communications and interactions. Our friends and our community are bound together by many things, including a desire to share items, goods, products or services between those who may seek to obtain them globally (whom we call “Shoppers”) and those willing to help bring them to their friends (whom we call “Travelers”). We do this through our Mobile App, located at https://flotasco.com, and through our products, services and information, all of which we collectively refer to as the “Flotas Platform.”
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY, THEY CONSTITUTE A CONTRACT AND CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES AS DETAILED IN THE SECTION TITLED ARBITRATION AND CLASS ACTION WAIVER BELOW. PLEASE READ CAREFULLY.
These Terms of Use are a contract, and contain important information about Your legal rights, remedies and obligations, and they incorporate and include the Flotas Privacy Policy, all of which You should read carefully and all of which we collectively refer to as the “Terms.” Your agreement with Us depends upon how You use Our Platform, either as a Shopper, or as a Traveler, or both. References to “You” or “Your” mean the person(s) who accesses, uses, and/or participates in the Flotas Platform in any way, and each of their heirs, successors and assigns. By accessing or using any part of our Platform, which includes without limitation as Shoppers, Travelers or persons accessing or searching the Flotas Platform, You are agreeing to the Terms, and incorporated documents.
Modification or Changes to the Flotas Platform, the Terms of Use and Incorporated Documents
We are continually changing and improving the Flotas Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Flotas Platform with or without notice to You. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Flotas Platform, Fees (defined below) or any other aspect of the relationship between Flotas and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use page of our Platform, send You a message or otherwise attempt to notify You. Amendments are effective no sooner than thirty (30) days after we post them on the Flotas Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see You go, but Your only recourse is to stop using or accessing the Flotas Platform.
Eligibility and Use of the Platform
Access to and use of the Flotas Platform are available only to individuals who are at least 18 years old, who can form legally binding contracts under applicable law, and who properly create a valid account as explained below (valid account holders, whether Shoppers, Travelers or both, may also collectively be referred to in these Terms as “Members”). By accessing or using the Flotas Platform, You represent and warrant that You are eligible to do so.
You also acknowledge and agree that, unless we otherwise specifically agree in writing, Flotas is not in the business of offering, selling, purchasing, or bringing items. You understand that by accessing the Flotas Platform, and in becoming a member, You receive only the ability to use the Flotas Platform to access friends who may be interested in being a shopper and/or traveler, including, but not limited to, the ability to message other members about items. You understand and agree that Flotas calculates fees for shoppers and rewards for travelers based on the items of interest. Furthermore, You acknowledge and agree that Flotas is not a party to any relationship or agreement between You and another member, and that any such relationship is between the members only. You also acknowledge and agree that at all times, it is Your responsibility and not Flotas’s responsibility, which is disclaimed to the maximum extent of the law, to be familiar with, to abide by and to comply with all relevant local, and international laws, rules and regulations that may apply to any items or to any relationship between members.
Members also acknowledge and agree that they are users of the Flotas Platform only, and that they are not Flotas employees, joint venturers, partners, or agents whatsoever. Flotas does not have the right to control and does not control Members, or the relationships between them or the subject matter of such relationships. You acknowledge and agree that, except where these Terms provide otherwise, it is the Members themselves who establish any applicable Traveler Fees. While Flotas may help facilitate disputes, We have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any item arranged between Members, (ii) the truth, accuracy or suitability of any description or any other aspect referred to by Members on the Flotas Platform, (iii) the performance or conduct of any Member or third party or (iv) the legality or compliance with laws, rules, regulations, orders and decisions that may be applicable to any relationship between Members or the subject matter thereof. While we may provide information that may be helpful in assisting You to evaluate another Member, and their status in the Flotas community, Flotas does not endorse any particular Member or any item. Any reference to a Member being “Verified” (or similar language) only indicates that the Member has been invited by a verified member from the Flotas Platform and nothing else.
To promote the Flotas Platform and to increase exposure to potential Members or their desired items, content from the Flotas Platform may be displayed on other websites, applications, other communications (including email or SMS or other text message services), and in online and offline advertisements. To assist Members who speak other languages, content from the Flotas Platform may be translated, in whole or in part, into other languages and where done so, Flotas does not guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of them.
Account Registration, Member Verification and Other Member Representations And Warranties
To access some of Our features and services, You will need to become a Member by being invited by a verified member from the Flotas Platform. You are only eligible to have one (1) Account at a time, and are not allowed to transfer Your account at any time to another person or entity. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction(s).
You also represent and warrant that You will comply with any and all applicable import and export control laws or customs laws in Your local jurisdiction. You also represent and warrant that (i) neither You nor the subject of Your transaction (i.e., Items) is the subject of Your country’s embargo, or that it has been designated by the Egyptian Government as a “terrorist supporting” item and that (ii) You are not listed on the Egyptian Government or any other country’s list of prohibited or restricted parties.
To create a Member account, You must be invited by a verified member from the Flotas Platform with Your email and with a temp password to create a password-protected account (“Account”). You cannot register by using Your existing third party networking accounts such as Google, or Facebook, Twitter or others (“Third Party Networks”), if any. You agree to provide accurate, current and complete information during the account registration process and at all other times when You use the Flotas Platform, and to continually update Your information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your Flotas account password and other information. You are solely responsible for all activity that occurs on or through your account and that You will immediately inform Flotas of any suspected unauthorized use. Flotas is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your account. Notwithstanding the foregoing, You may, however, be liable or responsible to Flotas due to unauthorized use of Your Account.
You acknowledge and agree that, as permitted by applicable laws, Flotas may in its sole discretion, but is not obligated to, obtain reports from consumer reporting agencies or otherwise review publicly available information about Members, including sexual offender registration lists or databases compiling information about criminal convictions relating to, without limitation, crimes of violence, theft, burglary, conspiracy, abuse, neglect, fraud, dishonesty, perjury, forgery, embezzlement, cyber crimes, identity theft, drug related offense, obstruction, organized crime, prostitution, warrant violations, weapons offenses and crimes which endanger the life or property of others. By accessing or using the Flotas Platform, You authorize Us to use Your personal information (including name, address, date of birth or other identifying information) to obtain these reports and agree that we may, in our sole discretion suspend, cancel, block, restrict or terminate Your access to the Flotas Platform based upon Our evaluation of such reports, again in our sole discretion. If we undertake an effort to verify Your background through these or other methods (which we are not obligated to do under these Terms), and choose to identify you as “Verified,” such a notation shall mean nothing other than that You are invited by a verified member from the Flotas Platform and shall not constitute an endorsement of You or any other Member to the public or to any Member.
SMS or Text Messaging
By being invited to the Flotas Platform, and becoming a Member, You agree that We may send you text (SMS) messages as part of the normal business operation of Your use of the Flotas Platform. Such uses include without limitation, to provide You with information You requested from Flotas, to let You know about features, functions, improvements or changes to the Platform, to facilitate Your identification of desired Members or Members who may be willing to discuss Items, or other aspects of your Account.
These text (SMS) messages may be automated or non-automated, and while Flotas does not charge You to send or receive such messages, message and data rates may still apply by your carrier or other provider. You may opt-out of receiving text (SMS) messages from Us at any time by contacting us. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of and ability to fully use the Flotas Platform.
Prohibited Conduct
Regardless of whether you access or use the Grabr Platform with or without an account, by accessing, searching on or using the Grabr Platform in any way, You agree that will not:
- Use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions;
- Violate any federal, state, local, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to Your relationship with other Members or to any Grab’d Items.
- Use any automated system including but not limited to robots, spiders, offline readers, crawlers, scrapers to access, copy, maintain or compile the Grabr Platform or content thereon for any purpose without Grabr’s prior written approval;
- In any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Grabr Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Grabr Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Take any action that (a) may unreasonably encumber the Grabr Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Grabr Platform; (d) circumvents, disables or otherwise interferes with security features of the Grabr Platform; (e) distributes viruses or any other technologies that may harm Grabr or users; (f) uses the Grabr Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Grabr Platform;
- As a Member, use the Grabr Platform in any manner that circumvents Your obligation to pay Grabr or another Member or to bring Grab’d Items as agreed;
- “Stalk,” or harass or intimidate any other Member or user of the Grabr Platform; or collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Grabr Platform, or use the communication systems provided by the Grabr Platform for any reason not explicitly authorized by these Terms, including but not limited to commercial solicitation purposes;
- Recruit, solicit, or contact in any form Members for employment or any other use not specifically intended by the Grabr Platform;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Grabr Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any Grabr policies that govern or relate to Your use of the Grabr Platform and interactions with You and third parties;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Grabr and which relate to Members;
- To fail to perform as agreed upon by Members;
- Engage in fraudulent conduct including but not limited to entering into a relationship with another Member to obtain and/or bring Grab’d Items with no intention of following through, offering to make prohibited money transfers or to arrange to obtain and/or bring Grab’d Items that are prohibited by applicable law at places of disembarkation, transit or embarkation or entering into any relationship fraudulently or for fraudulent purpose or to conclude your arrangement off the Grabr Platform or to circumvent or evade the Grabr Platform or to evade any other requirement of these Terms;
- Registering for more than one (1) Grabr Account or registering for a Grabr Account on behalf of an individual other than Yourself or transferring or purporting to transfer your Grabr Account to any other person.
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Grabr Platform; and
- Attempt to indirectly undertake or achieve any of the foregoing.