Terms and Conditions
These terms and conditions (the “Terms”) govern the use of this website (https://moody.pk/) (the “Website”), the Moody App or software (the “Application”), and ancillary services offered by ASK Services Private Limited, a company incorporated under the Companies Act 2017 bearing CUI # 0123607 (hereinafter referred to as “Moody”, “us”, “our”, “we”, or “Company”) and utilised, accessed, or used by you (hereinafter referred to as “Poster”, “Tasker”, “you”, “your”, or “users”, as the context may permit).
Moody aims to improve people’s lives by providing numerous services which include, without limitation, Ride Sharing, Buy & Delivery, Window Shopping, Pick & Deliver, and Moody Cash (the “Services”). The Application allows a Poster to post a task for transportation and/or logistics services with independent third-party providers, independent third-party transportation providers, and/or third-party logistics providers (the “Service Provider” or “Tasker”).
Your access and use of our Website, Application, Services, and/or Products (collectively the “Moody Services”) constitutes your agreement to accept and be bound by these Terms. If you do not agree to these Terms, you may not access or use Moody Services. These Terms expressly supersede prior agreements or arrangements with you. Moody may immediately terminate these Terms or any of the Moody Services with respect to you, or generally cease to offer or deny access to the Moody Services or any portion thereof, at any time for any reason whatsoever.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms will be disclosed to you in connection with the Services from time to time. Supplemental terms are in addition to and shall be deemed to be a part of, our Agreement with you. It is being clarified that the Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Services.
We may amend these Terms related to Moody Services from time to time. Amendments shall be effective upon Moody’s posting of such updated Terms (https://moody.pk/terms&conditions) or the amended policies or supplemental terms for the Moody Services or part thereof. Your continued access or use of Moody Services after such modifications and amendments constitutes your consent and acceptance to be bound by those Terms.
The headings of the clauses, sections, schedules, etc. herein are for reference only and shall not affect the interpretation.
To get access to Moody Services, you will require to register an account (the “Moody Account” or “Account”) on our Website or via our Application. Our Services are directed towards individuals of and above eighteen (18) years of age and we do not intend to provide Services to users below this age. Account registration may require you to submit to us certain personal information, i.e., name, address, contact number, age, CNIC, or photograph in addition to payment or banking information. In certain instances, you may be asked to provide proof of identity to access or use our Services, and you agree that you may be denied access to or use of our Services if you refuse to provide proof of identity. Thereafter, 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, without limitation, having an invalid or expired payment method may result in your inability to access or use the Services or Moody’s termination of these Terms with you.
Unless otherwise permitted by us in writing, you may only possess only one Moody Account. You are fully responsible for all activities that occur under your Account whether or not such use was authorized by you. You must immediately notify us at firstname.lastname@example.org of any unauthorized use of or access to your Account or any other breaches of security. You acknowledge and agree that Moody shall not be held liable for any acts or omissions by you including, without limitation, any damages of any kind incurred as a result of such acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable and prevalent laws when using our Services and you may only use our Services for lawful purposes (e.g., not for transport of illegal or hazardous substances). You shall not, in your use of our Services, cause nuisance, annoyance, inconvenience, property damage, etc., whether to the Poster, Tasker, or any other party.
The Company reserves the right to refuse or cancel any order for any reason at any given time whether or not the order has been confirmed and your prepayment processed. The Tasker also retains the right to cancel any order at its sole discretion prior to your receipt of it. We will ensure that there is a timely intimation to you of such cancellation via the Application, an email, or SMS. If Moody or a Tasker cancels your order for which payment from your account has been authorised, our Refund Policy may apply.
You may use your account to upload data, information, material, and documents for verification (the “Content”). Subject to these Terms, your Content may be used in any manner that has been authorized by you. You acknowledge and agree that Moody has no liability of any kind against any individual (whom you had given access to your Account to do so) that modifies, destroys, corrupts, copies, or distributes your Content.
You further agree and acknowledge that Moody shall always reserve the right, but not an obligation, to remove the Content that may be unlawful or may violate these Terms at any time, with or without notice.
Moody may, in its discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through our Services content and information including, without limitation, comments, and feedback related to our Services, initiation of support requests, and submission. If you submit feedback, opinions, or provide suggestions (the “Feedback”), you acknowledge and agree that: (a) we shall not be under any obligation of confidentiality, whether express or implied, regarding the Feedback; (b) we shall have the right to use or disclose the Feedback for any purpose in any way we deem fit; (c) the Feedback once posted shall become our intellectual property; and (d) any Feedback that you provide with regards to your use of the Services is entirely voluntary and we shall have full freedom to use the Feedback without any obligation to you.
You represent and warrant that: (i) you either are the sole and exclusive owner of all the Content or you have all rights, licenses, consents, and releases necessary to grant Moody the license to the Content as set forth above; and (ii) neither the Content nor your submission, uploading, publishing or otherwise making available of such Content to Moody or Moody’s further use of the 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 the Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as may be determined by Moody in its sole discretion, whether or not such material may be protected by law. Moody may, but shall not be obligated to, review, monitor, or remove the Content at Moody’s sole discretion and at any time and for any reason with or without notice to you.
YOUR USE OF OUR SERVICES
Subject to your agreement and compliance with these Terms, we only grant a limited, non-exclusive, non-perpetual, revocable, non-sub-licensable, non-transferable license to (i) access and make use of the Services and Application on your personal device solely in connection with your use of our Services; and (ii) access and use any content, information, and related materials that may be made available through our Services; in each case solely for your personal use. Any rights not expressly granted herein are reserved by Moody.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Application in any way; (ii) modify or make derivative works based on the Application and/or the intellectual property; (iii) create internet “links” to the Application or “frame” or “mirror” the Application on any other server or wireless or internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Application, or (c) copy any ideas, features, functions, or graphics of the Application; (v) launch an automated program or script including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (viii) remove any copyright, trademark or other proprietary rights notices contained in the Services; (ix) use the Services for transportation, obtaining, and/or purchasing of goods prohibited by the authorities or good that require a certain permit from the authority to transport; (x) deliver goods from or to the prisons or purchase and/or transport pets or any other animals; (xii) not purchase and/or transport illegal goods or harmful goods or stolen goods, including, without limitation, goods containing hazardous or toxic materials, drugs or illegal substances ; and (xiii) be responsible for the secure packing of your goods properly for the delivery. Neither we nor the Tasker shall be responsible for any damage, deformation, dent, expiry, decay or any other incompleteness of the goods during the delivery which was caused by improper packaging by you
You may use the Application only for your personal, non-commercial purpose, and shall not use the same to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material including but not limited to, materials harmful to children or in violation of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (v) attempt to gain unauthorized access to the Application or its related systems or networks; and (vi) use the Services in or for any unlawful or fraudulent activities by either impersonation of another person or entity or through misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse or deceive others.
If you violate any of these Terms, your access to our Website and/or Services may be terminated immediately and without notice. Moody shall further reserve the right to take any remedial action available under the applicable law including, without limitation, immediate suspension or termination of the Services and access to your Account.
TASKER OBLIGATIONS AND DUTIES
You agree and acknowledge as a Service Provider that: (i) you shall only use your own Account and not authorize, assign or otherwise transfer your account to other parties; (ii) you shall not use your (or other’s ) account to post a task that you will fulfil yourself as a Tasker; (iii) you shall not use our Services for transportation, obtaining, and/or purchasing of goods prohibited by the authorities or goods that require a certain permit from the relevant authorities to transport; (iv) you shall not purchase and/or transport illegal, harmful or stolen goods, including, without limitation, goods containing hazardous or toxic materials, drugs or illegal substances; (v) you shall abide by all local applicable laws, rules and policies in your capacity as a Service Provider; (vi) you shall solely be responsible for any illegal activities in the course of providing Services as a Service Provider; (vii) you shall not indulge in any unethical activity or behaviour with the Poster; (viii) you shall always maintain your task quality and efficiency up to the acceptable industry standards; (ix) you shall be responsible for handling the Poster’s items/belongings and be liable for the same in case of any damage; (x) you shall be responsible for safety and security of the Company’s assets in your possession; (xi) you shall be responsible for the maintenance and upkeep of your vehicle; (xii) you shall be responsible for handling and returning the cash payment to the co-ordinator; (xiii) you shall at all times keep confidential and safeguard Company’s and Poster’s data at all times; (xiv) you shall complete your relevant working hours as per the Company’s policy; and (xv) you shall further be responsible for providing a fair feedback for the Poster in form of rating out of five stars.
FEES AND PAYMENT
You agree and acknowledge that in consideration of the use of our Services, you will be charged and will be required to pay for the Services you receive (“Charges”). After you have received Services, Moody will facilitate your payment of the applicable Charges on behalf of the Tasker. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Tasker. Charges paid by you are final and non-refundable unless otherwise determined by Moody. The Charges may be subjected to applicable taxes prescribed under the law.
All financial transactions relating to our Services and Application are handled by our payment service provider EasyPaisa or other partner banks in Pakistan for direct online payment transfer from your bank or EasyPaisa to your “Moody Account”, or vice versa. Moody Account is integrated with EasyPaisa and may be integrated with any other partner bank in Pakistan to recharge an amount from the Moody Account. In case your primary account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Moody may use a secondary payment method in your account, if available.
As between you and Moody, we reserve the right to establish, remove and/or revise Charges for any or all Services obtained at any time in Moody’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand and availability of the Service Providers. Moody will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Moody Account regardless of your awareness of such Charges or the amounts thereof. Moody 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 obtained using our Services, and you agree that such promotional offers and discounts unless also made available to you, shall have no bearing on your use of our Services or the Charges applied to you.
The payment structure provided herein is intended to fully compensate the Tasker for the Services provided. You understand and agree that, while you are free to provide additional payment as a tip/gratuity to any Tasker who provides you with any Services obtained through our Application, you are under no obligation to do so; tips/gratuities are voluntary. After you have received services obtained through our Application, you will have the opportunity to rate your experience and leave feedback about your Tasker.
INTELLECTUAL PROPERTY RIGHTS
The Website, Application, Moody’s logo, and any and all other marks indicated on the Website or the Application are our intellectual property (whether registered or not). Our graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress and shall not be used in connection with any product that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on the Website or Application, if any, are the property of their respective owners. We do not take responsibility for the actions of such respective owners, who are solely responsible thereof at law.
All such intellectual property rights, whether registered or unregistered, and the Website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and the Application itself shall always remain our sole property. The entire contents of the Moody Services also are protected by copyright as a collective work under Pakistan’s copyright laws and international conventions.
Unless otherwise specifically provided herein or authorized by Moody in writing, all rights in the Website or the Services not expressly granted herein are reserved by us. You agree not to copy, republish, reproduce, download, distribute, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the intellectual property or create derivative works based on the intellectual property.
DISCLAIMER OF WARRANTIES
By accepting these terms or using Moody Services, you agree and acknowledge that:
- except as expressly provided herein, the Website, Application, and all components and information forming part of the Moody Services are provided on an “as is” and “as available” basis, with all faults and without any warranties of any kind, and Moody hereby expressly disclaims all warranties and conditions with respect to the Moody Services and anything related thereto, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services.
- we do not warrant that the Services shall be uninterrupted, secure, or error-free. The Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you, or the Service Providers, being faulty, not connected, out of range, switched off, or not otherwise functioning.
- we are solely responsible for facilitating a user’s interaction with the Tasker present in the geographical proximity, but we do not guarantee the quality, suitability, safety, or ability of the Tasker.
- we are not responsible if the Tasker and/or Poster are utilizing the Services for the means to perform an illegal activity or are caught by any government or competent authority during a task.
- we are not responsible for any delays, delivery failures or damages, and losses resulting from the use of the Services. The quality of the Services obtained through the use of the Application or Services is entirely the responsibility of the Tasker who ultimately provides the Services to you.
- you use the Services at your own risk and that the entire risk arising out of your use of the Services or in connection therewith, remains solely with you.
- Moody does not provide transportation or logistic services or function as a transportation carrier and that all the Services herein are provided by independent Service Providers who are not employed by us or by any of our affiliates or agents.
- our Application is a model and means to ease the search of the Services, as such the Tasker has the right to offer the Services and it is up to you to accept or reject the Services. Moody shall not be a participant of the or in the transaction between the Poster and the Tasker, every such transaction shall be a contract solely between them.
LIMITATION OF LIABILITY
In no event, Moody shall be liable for any direct, indirect, consequential, punitive, special, or incidental damages including, without limitation, damages for loss of business, contract, revenue data, information, or business interruption, under any theory of liability, resulting from, arising out of, or in connection with the Website, Application, Services, or the Products, even if Moody has been advised of the possibility of such damages. Moody shall not be liable for any damages, including, but not limited to, (i) the use, or inability to use the Website, Application, and the Services for any reason; (ii) your use or reliance on the Moody Services; (iii) any transaction between you or the Tasker; (iv) for delay or failure in performance resulting from causes beyond Moody’s reasonable control; (v) any occurrence of an accident or a robbery during the task which may damage the goods or cause delay in the Services; (vi) the parcel/asset received after task is fake or damaged; (vii) deduction of any money from your wallet due to a technical fault; (viii) if the exchange of money is fake or misplaced; (ix) any illegal activity conducted by an individual impersonating to be a Tasker or claiming to be an employee of Moody; (x) the statements or actions of any third party on or through the website or the Services including, without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (xi) any unauthorized access to or alteration of your transmission or data; (xii) any failure to store data, any loss of data, loss or damage of files, and the Content available through the Website or the Services; and (xiii) any non-performance, delay, error, data loss, or other loss caused by any events or conditions that are beyond the reasonable control of Moody. You acknowledge that the Tasker providing the Services may not be professionally licensed or permitted. You agree that neither Moody nor its affiliates will be liable to you in any way for the termination, suspension, interruption, or delay of any of the Website, Products, or Services. Notwithstanding anything herein to the contrary, the aggregate liability of Moody for damages in connection with these Terms, whether for breach of contract or in tort shall not exceed an aggregate of Pakistani Rupees five thousand (PKR 5,000/-) only. The foregoing shall not apply to the extent prohibited by applicable law.
The Services may be used by you to post a task and schedule a task with the Taskers with regards to the Services; however, you agree and acknowledge that Moody has no responsibility or liability to you related to any Services provided to you by Taskers other than as expressly set forth in these terms. The limitations and disclaimers in this section or the Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under the applicable law.
You agree to indemnify and hold harmless Moody, its affiliates, licensors, and licenses, its contractors, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty, or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party including the assessment, claim, or demand arising out of or in connection with (i) your use of the Moody Services; (ii) your breach or violation of these Terms; or (iii) your violation of the rights of any third party, including the Taskers’.
You may not assign any rights or delegate your obligations under these Terms without our prior written consent. We may, however, assign the rights and obligations under the Terms in its entirety, including all terms and conditions incorporated herein, without your consent.
If any provision of these Terms is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained herein shall continue in full force and effect.
No waiver of any breach of any provision of these Terms shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of the Terms.
GOVERNING LAW AND ARBITRATION
These Terms shall be governed by and construed in accordance with the laws of Pakistan without regard to the conflict of law provisions thereof. The courts in Lahore, Punjab shall have the exclusive jurisdiction to determine any dispute, claim, or controversy arising out of or relating to this Agreement. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to our Services or these Terms, including those relating to its validity, its construction, or its enforceability (the “Dispute”) shall first be tried to be settled amicably. In case the dispute remains unresolved after thirty (30) days of notice to resolve by either party, it shall be settled by arbitration under the Arbitration Act, 1940 or any amendments or re-enactments thereof. The place of arbitration shall be Lahore, Pakistan, and the award shall be filed in the court of competent jurisdiction in Lahore. Each party shall bear its cost of arbitration unless otherwise specified by the arbitrator. The arbitration proceedings shall be conducted in the English language.