General Terms of Use - Sweden
KEY PRINCIPLES
These terms and conditions apply to Mizo's mobile application and/or websites in Sweden.
The App/Website Services allow you to request services from Third-Party Providers or directly from Mizo. These services are provided or made available under Mizo’s platform.
For Third-Party Services, you enter into agreements directly with Third-Party Providers and in these cases Mizo acts as an agent for the purpose of enabling you to request and receive these services.
With respect to Mizo-provided Services, you may be required to accept separate terms and conditions governing your use of those services.
Please read these terms and conditions carefully. They contain information about the services, your rights, and other important information.
ABOUT US
We are Mizo AB, a limited liability company incorporated in Sweden, registered with BOLAGSVERKET.
DEFINITIONS
“Community Guidelines” means the guidelines, as updated from time to time, that set out expectations for all users of the Apps and/or Websites. The most recent version of the Community Guidelines is available here .
“Third-Party Providers” are independent third parties and include, but are not limited to, third-party transportation providers and/or providers of other mobility services.
“Third-Party Services” includes, but is not limited to, services and goods in the field of transportation provided to you by Third-Party Providers, such as, but not limited to, transportation services. These services are provided to you using the App/Website Services, as defined below.
“Mizo” means Mizo AB.
“Mizo-Provided Services” means services provided to you directly by Mizo which may be subject to separate terms and conditions between you and us.
“Mizo Name, Trademarks or Works” means Mizo’s logos, product or service names, trademarks, service marks, trade dress, other indicators of ownership, or copyrights.
TERMS
1. Overview
1.1. These Terms govern your access to and use of the Mizo mobile application and/or websites (“Terms”). You must carefully read and agree to the Terms before accessing and using the Mizo mobile application and/or websites. Your acceptance of these Terms establishes a contractual relationship between you and Mizo AB. If you do not agree to these Terms, you may not access or use Mizo mobile application and/or websites. These Terms expressly supersede any prior agreements or understandings with respect to the App/Website Services (as defined below) between you and Mizo.
1.2. These Terms apply to the extent they do not conflict with any user agreement or supplemental agreement that expressly applies to Mizo’s mobile application and/or websites. You will be asked to agree to any such terms separately.
1.3. Mizo acts as an agent for Third-Party Providers with respect to Third-Party Services, and as a service provider for Mizo-provided Services (see Section 4 below).
2. App/Website Services
2.1. The services provided to you by Mizo include:
2.1.1. Access to and use of Mizo’s mobile application and/or websites, which enable you to request and receive Third-Party Services and/or Mizo-provided Services; and
2.1.2. Payment collection and payment processing services (including issuing invoices and receipts on behalf of Third-Party Providers) which allow us to charge you and make payment to the Third-Party Providers' bank account for Third-Party Services, or to Mizo's bank account for Mizo-provided Services (Mizo AB may engage third parties to provide services on its behalf) (together " App/Website Services ").
2.2. These Terms govern your use of the App/Website Services in Sweden.
2.3. Mizo's mobile application and/or websites will be made available to you under Mizo Brand.
2.4. Unless otherwise agreed in writing, the App/Website Services will be available to you for personal non-commercial use only.
2.5. Where available, you may request and receive Third-Party Services or Mizo-provided Services through Mizo’s mobile application and/or websites.
3. Third-party services
3.1. For Third-Party Services, Mizo acts as an open agent between you and the Third-Party Providers for the purpose of enabling them to provide Third-Party Services to you. All Third-Party Providers are independent operators, registered companies or other legal entities that are not employees of Mizo.
3.2. When you are logged in, online and in the vicinity of Third-Party Providers who are also logged in to Mizo’s mobile application and/or websites, you will be provided with information in Mizo’s mobile application and/or websites about the Third-Party Services before you decide to submit a request.
3.3. Third-Party Providers (in respect of Third-Party Services) and Mizo (in respect of Mizo-provided Services) are free to accept or reject a request. An accepted request will be communicated to you on behalf of the Third-Party Provider through Mizo’s mobile application and/or websites and will give rise to a direct contract between you and the Third-Party Provider (in respect of Third-Party Services) and/or between you and Mizo (in respect of Mizo-provided Services).
3.4. For certain Third-Party Services, you may be required to agree to separate terms and conditions before using such Third-Party Services.
3.5. You may be asked to provide a review for the Third-Party Provider whose services you have requested. The Third-Party Provider may also be given the opportunity to provide a review for you. Third-Party Providers may see your review on Mizo’s application and/or websites and this review may influence whether they decide to provide Third-Party Services to you. For more information about reviews, please see our Community Guidelines .
3.6. The Third-Party Provider is responsible for any obligations that may arise based on Third-Party Services.
4. Mizo-Provided Services
4.1. With respect to Mizo-provided Services, Mizo acts as a service provider. The specific terms governing Mizo-provided Services will be set out in additional terms or in a separate agreement.
5. Use of the App/Website Services
5.1. Mizo's mobile application and/or websites can be downloaded or accessed via most modern mobile devices with internet connection and equipped with common operating systems such as Android or iOS.
5.2. You are responsible for the internet connection required to use the App/Website Services and are responsible for any tariffs and fees from your mobile operator, including data usage while using Mizo’s mobile application and/or websites. You are also responsible for access to compatible devices and operating systems required to use the App/Website Services, including any software or hardware updates.
5.3. To use the App/Website Services, you must register on Mizo’s mobile application and/or websites and create an account. At the time of registration, you must be eighteen (18) years of age or have reached the age of majority in the country in which you register if the age of majority there is different from eighteen (18), unless specific terms for Third-Party Services or terms for Mizo-Provided Services provide for different age requirements.
5.4. You must provide us with certain personal information for registration, such as your phone number and email address. In order to use the App/Website Services, Mizo-provided Services or certain Third-Party Services, you may be required to provide at least one valid payment method (credit card, debit card or other accepted payment method). You may be required to provide additional information, such as your address, and documents before using certain Mizo-provided Services or Third-Party Services.
5.5. You are not obligated to log in to or use Mizo’s mobile application and/or websites. Nor are the Third-Party Providers obligated to do so. If you choose to stop using Mizo’s mobile application and/or websites, you may do so without notifying us.
5.6. We may temporarily restrict your access to and use of the App/Website Services if there is a suspected breach of your obligations (see section 6 below), or of these Terms, including where we have received a complaint of fraud. There may be circumstances which prevent us from providing you with information about the complaint during an ongoing investigation (conducted by us and/or a Third-Party, such as the police).
5.7. Recommending Systems. When you use the mobile apps and/or websites that we make available to you we will provide you with recommendations for certain Mizo Services or Third-Party Services (collectively, the “App/Website Services”) that we believe are relevant and meaningful to you. These recommendations may include recommendations for transportation options (e.g. MIZO, Comfort, Green e.g.). There are several factors that influence the recommendations you see, but the most important factors are:
5.7.1. Mizo:
Contextual factors: Recommendations are based on contextual factors, such as time of day and day of the week, as these are likely to influence the relevance of categories. For example, MIZO, comfort, green and lux e.g.
5.7.2. Mizo:
Previous purchases: Your most frequently used transportation option, or a transportation option in a price range like your most frequently used transportation option, is more likely to be recommended to you on future trips. If you have no or limited purchase history, recommendations may instead consist of transportation options that are generally popular.
Location: Your location helps us recommend the transportation options closest to you, based on available options at the time of your trip booking. For example, if most of the available transportation options near your pickup location are Mizo Black, we are more likely to recommend Mizo Black to you over other transportation options.
Contextual factors: Recommendations are based on contextual factors, as these are likely to influence the relevance of transportation options to you. These include:
Day and time of your order: In combination with location (described above), the day and time of your order are used to recommend transportation options that, based on availability, are closest to you at the time of your order.
Estimated Arrival Time: Transportation options with the lowest estimated arrival time, relative to your requested drop-off location, are more likely to be recommended to you than transportation options with longer estimated arrival times.
6. Your obligations
6.1. When using the App/Website Services, you must comply with all applicable laws. You may only use the App/Website Services for lawful purposes and for the purposes for which, as otherwise referred to in these Terms, they are intended. You may not abuse Mizo’s mobile application and/or websites or attempt to mislead us or Third-Party Providers. For more information about what is expected of you, please see our Community Guidelines .
6.2. You must provide accurate and complete information when registering for an account and using the App/Website Services.
6.3. Your account is personal. It may not be licensed or shared unless expressly permitted by Mizo. Once you have created an account:
You may not register any additional accounts unless we agree to do so in writing.
You may not allow any Third-Party to use your account or transfer your account to any Third-Party.
You must ensure that your account information is accurate, complete and up to date.
You must ensure that your login details are kept confidential and;
You must immediately notify us if you suspect that someone else knows your username or password, or if you suspect that someone else is using your account.
6.4. You will be responsible for paying any fees or costs incurred as a result of the provision of Third-Party Services or Mizo-provided Services requested from your account, as further set out below.
6.5. When using the App/Website Services, you may not cause inconvenience, disruption, nuisance or property damage, either to Third-Party Providers, Mizo or any other party.
7. Costs and payment
7.1. Costs for the App/Website Services
7.1.1. You will not be charged for use of the App/Website Services. However, we reserve the right to charge a usage fee. In such case, you will be informed in writing and given the opportunity to terminate the Terms before such fee is charged. If you choose to terminate these Terms, you will no longer have access to or use of the App/Website Services.
7.1.2. We reserve the right to charge a fee for certain features of the Mizo mobile application and/or websites. These features may be subject to separate terms and conditions.
7.2. Costs for Third-Party Services and Mizo-Provided Services
7.2.1. If you submit a request through Mizo’s mobile application and/or websites, you agree to pay the applicable charges as set forth in Mizo’s mobile application and/or websites and you will be responsible for any charges associated with your account in accordance with Section 6.4 above.
7.2.2. Depending on the Mizo-provided Service or Third-Party Service used, including but not limited to its location, charges may be displayed on Mizo’s mobile application and/or websites prior to the request being made. Otherwise, charges will depend on your use of Third-Party Services or Mizo-provided Services. We may provide estimates of these charges. Please note that the final amount charged may differ from the estimated cost.
7.2.3. You may be charged additional costs, expenses and/or fines by Third-Party Providers, for your use or misuse of Third-Party Services (such as repair or cleaning costs) or by Mizo for your use or misuse of Mizo-provided Services.
7.2.4. For certain Third-Party Services, such as MizoX, you may request a lower cost from the Third-Party Provider for the services you received from such Third-Party Provider at the time of receipt of the services. The Third-Party Provider or Mizo, if approved by the Third-Party Provider, will thereafter respond to any request from a Third-Party Provider to modify the cost for a particular service.
7.2.5. In some cases, if the Third-Party Service or Mizo-provided Service cannot be performed due to your actions or inaction (for example, if you are not present at the drop-off location to receive a delivery), all charges may apply.
7.2.6. Once the Third-Party Service or Mizo-provided Service has been performed, we may issue an invoice to you directly or on behalf of the Third-Party Provider, as applicable. The invoice will include VAT, if applicable.
7.3. General
7.3.1. For more specific information regarding costs, surcharges, fees, expenses and/or penalties relating to any Third-Party Service or Mizo-provided Service, please refer to the support section of Mizo's mobile application and/or websites (such as Help) or relevant sections of our websites relating to Rides.
7.3.2. Fees may change on Mizo's mobile application and/or websites from time to time.
7.3.3. Fees do not include tips. Where available, you have the option to leave tips, either in person or using Mizo’s mobile application. We collect tips left through Mizo’s mobile application and/or websites and remit them on your behalf.
7.3.4. Unless otherwise agreed, all fees are due at the time of making the request and will be charged by Mizo to the payment method assigned to your account, after which Mizo will send a receipt by email. If your preferred payment method cannot be charged, Mizo may use a secondary payment method if available. In the event that your payment method(s) are unavailable, we reserve the right to make further attempts to collect payment.
7.3.5. Fees include applicable taxes, including VAT.
8. Cancellation
8.1. In some cases, you do not have the right to cancel your request for Third-Party Services or Mizo-provided Services once the request has been accepted. However, for certain Third-Party Services, Mizo or the Third-Party Provider may allow you to cancel your request, but you may be charged a cancellation fee.
8.2. Mizo may decline requests and cancel Third-Party Services or Mizo-provided Services if there is reasonable suspicion about the accuracy and reliability of a request or contact information. In this case, a cancellation fee may also be charged.
8.3. See the Cancellation Policy for Rides.
9. License
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or use the Mizo mobile application and/or websites on your device solely for your personal use and for the purpose of providing you with access to information made available through the Mizo mobile application and/or websites. All rights not expressly granted herein are reserved by Mizo.
10. Intangible assets
We reserve all rights not expressly granted in these Terms. The services on our mobile application and/or website and all information collected through the Mizo mobile application and/or website (including all intellectual property rights in respect of the foregoing) are and remain our property or the property of our licensors. You may not, and you may not permit anyone else to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any portion of the Mizo mobile application and/or websites; (b) reverse engineer or attempt to extract the source code of the Mizo mobile application and/or websites except as permitted by law; (c) launch or cause to be launched any program or script for the purpose of scraping, indexing, monitoring, or otherwise data mining any portion of the Mizo mobile application and/or websites or information; (d) use, display, or manipulate the Mizo Name, Trademarks, or Works for any purpose other than use of Mizo’s mobile application and/or services; (e) create or register (i) businesses, (ii) internet addresses, (iii) domain names, (iv) software application names or titles, or (v) usernames or social media profiles that contain the Mizo Name, Trademarks, or Works or any confusingly similar or substantially similar trademarks, names, titles, or works; (f) use the Mizo Name, Trademarks, or Works as your profile or background image on social media; (g) purchase keywords (including, but not limited to, Google AdWords) that contain the Mizo Name, Trademarks, or Works; or (h) apply to register, reference, use, copy, and/or claim the Mizo Names, Trademarks, or Works, or any confusingly similar or substantially similar names, trademarks, titles, or works, in any manner or for any purpose, alone or in combination with other letters, dots, words, symbols, designs, and/or creative works; other than as permitted under the limited license granted above.
11. Privacy Policy
We collect, use and share information from or about you in accordance with our Privacy Policy. Additional privacy policies may apply, including third-party data controllers, with respect to Mizo-provided Services and Third-Party Services.
12. Your liability and indemnity
12.1. You are liable for any damage to us arising from your breach of these Terms, your misuse of the App/Website Services, or your violation of any law or the rights of a Third-Party. You are responsible for all activities carried out through your account unless such activities are authorised by you and you are not otherwise negligent.
12.2. In order to access the App/Website Services, you agree to indemnify, defend (at our option) and hold us and our officers, directors, and employees harmless from and against any and all claims, liabilities, expenses, damages, penalties, employer contributions, and taxes arising out of or in connection with your breach of these Terms, violation of applicable law, or claims by third parties directly or indirectly related to your use of Third-Party Services, Mizo-Provided Services, or the Services generally.
13. Disclaimer
We provide the App/Website Services “as is” and “as available.” The App/Website Services may be subject to limitations, delays, and/or other inherent problems associated with the use of the internet and electronic communications and are not always guaranteed to be available and error-free.
14. Limitation of liability
14.1. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence and liability for fraud or misrepresentation, or alters your rights as a consumer where these cannot be excluded by applicable law.
14.2. We are not liable under or in connection with these Terms, including but not limited to contractual liability, tort (including negligence or misrepresentation), compensation for damages, or otherwise for any of the following in connection with the use of the App/Website Services: (i) lost profits; (ii) loss of sales or business; (iii) loss of agreement or contract; (iv) reduction in projected savings; (v) reduction in use of or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential losses.
14.3. We are not responsible for:
damages or losses attributable to any transaction between you and the Third-Party Provider; or
the availability and reliability of content, products or services from Third-Party Providers.
14.4. We are not liable for delayed or failed performance if caused by circumstances beyond our reasonable control.
14.5. Our total liability for your use of Mizo's mobile application and/or website (where the division of liability between you and us is not regulated by separate agreement) shall never exceed five hundred euros (500 euros).
14.6. To the extent permitted by law, we disclaim all warranties and disclaim all liability for any acts or omissions by you or any Third-Party.
15. Termination
15.1. You are free to use the App/Website Services (where possible) at any time and to terminate these Terms and the App/Website Services by terminating your account.
15.2. We may terminate these Terms and your access to the App/Website Services with immediate effect if we determine that you have breached these Terms or any other agreement between you and Mizo for the provision of Mizo-provided Services.
15.3. Mizo may, at its sole discretion, terminate these Terms or discontinue the App/Website Services at any time by giving you reasonable notice in writing.
15.4. If we are unable to charge you for the fees per your preferred payment method, we may suspend or remove your access to Mizo's mobile application and/or websites until payment is made.
15.5. In the event of termination, you shall promptly pay any unpaid fees to Third-Party Providers or Mizo. Any unpaid fees will remain due after termination, and we reserve the right to demand payment after termination.
16. General
16.1. Mizo may change these Terms from time to time. We will provide you with reasonable notice of any changes. You will be bound by such changes when they are posted on Mizo’s mobile application and/or websites or by email. If you do not agree to such changes, you are free to terminate your account in accordance with Section 15.1.
16.2. Any invalid, illegal or unenforceable clause in these Terms and Conditions shall not affect the validity and enforceability of the remainder of the Terms and Conditions. Any invalid, illegal or unenforceable clause shall be deemed deleted.
16.3. We may assign, subcontract or transfer these Terms or any of our rights or obligations hereunder, in whole or in part, without your prior consent, provided that this does not reduce the rights you are entitled to under these Terms or by law. You may not assign, subcontract or transfer these Terms or any of our rights or obligations hereunder, in whole or in part, as your use of the mobile application and/or websites is personal, unless otherwise agreed.
16.4. These Terms constitute our entire agreement with you, together with any additional agreements with respect to the provision of the App/Website Services and supersede all prior agreements with respect to your access to and use of the App/Website Services.
16.5. You may be asked to accept additional Terms and Conditions for access to or use of the App/Website Services. In the event of any conflict between these Terms and the separate agreement, the latter shall prevail unless otherwise stated in the separate agreement.
16.6. There are no Third-Party beneficiaries to these Terms other than as set out in these Terms.
17. Dispute resolution procedure
For users who are consumers, Mizo may make available a mediation procedure for consumer disputes relating to the App/Website Services or these Terms with the aim of promoting amicable settlements. Eligible consumers may also submit complaints regarding our services or these Terms to the European Commission's online dispute resolution platform, which is available here in accordance with Regulation (EU) No 524/2013 of 21 May 2013. Mizo does not commit to using any online dispute resolution platform to resolve consumer disputes.
By accepting these Terms, you agree to be bound by these Terms.
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