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TERMS OF USE
By using our services, you hereby consent to the following Terms of Service.
These terms constitute a binding agreement. Please read this Agreement carefully before you use ERA. By using our site and/or mobile application you agree to be bound by everything in this Agreement and to the collection and use of
the information set forth in the ERA Privacy Policy, if you are a registered user of our Services. If you do not agree, please do not use ERA.
1- Contractual Relationship
This is a contract (“Agreement”) between you and ERA. ERA is a company and it is establishment in Dubai, applicable when you use or access the site, services and mobile application by ERA, in existence now or in the future (“ERA Services,”
“ERA,” or “Services”). In this Agreement, the words “including” and “include” mean “including, but not limited to.” Your access and use of the Services constitute your consent to be bound by this Agreement, which establishes a contractual
relationship between you and ERA. If you do not agree to any of the terms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements with you. ERA may immediately
terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. 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 applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part
of, the Agreement for the purposes of the applicable Services. Supplemental Terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services. ERA may amend the terms related to the Services
from time to time. Amendments will become effective upon the publication of an amended Agreement. From time to time, the Agreement may change. If/When this occurs, ERA will notify you by revising the date at the top of the Agreement,
and/or by providing you with an additional notice. Your continued access or use of the Services after such posting or notification constitutes your consent to be bound by the amended Agreement. If you do not agree with the amended
Agreement, please stop using the Services as the amended Agreement will apply starting the date of posting or notification of the amendment.
2- THE SERVICES
You must upload the ERA app on your smart device, follow the steps instructions and provide all required information in order to create your account to allow ERA to provide you Services. You must be 18 years of age or older and provide
a certain amount of personal information to create an account. You hereby allow ERA to collect your personal information and your precise geolocation. ERA may send you informational and marketing text messages. You own your personal
information and User Content, permitting ERA to use your User Content. We own our company and intellectual property information. You alone are responsible for keeping your account secure. You may not have more than one account. The
Services constitute a technology platform that enables users of ERA’s applications or websites (each, an “Application”) to arrange and schedule logistics services, including delivery of fuel and other products and services. Unless
otherwise agreed by ERA in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use.
3-User Eligibility & Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. You must upload the ERA app on your smart
device, follow the steps instructions and provide all required information in order to create your account to allow ERA to provide you Services. Account registration requires you to submit to ERA certain personal information, such
as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). 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 having an invalid or expired payment method on file, may result in your inability to access and
use the Services or ERA’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at
4- Geolocation
You agree to allow ERA to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience - such as reminding you to request a fill. You may disable your geolocation but be advised this may
impact Services from ERA to you. We will not disclose your geolocation to any third parties without your consent.
5- Network Access & Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible
for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ERA does not guarantee that the Services, or any portion thereof, will function on any particular
hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6- License
Subject to your compliance with this Agreement, ERA grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: access and use the Applications on your personal device solely in connection with your
use of the Services; and access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted
herein are hereby reserved by ERA and ERA’s licensors.
7- Prohibited Activities
You may not:
- Have more than one active Account.
- Remove any copyright, trademark or other proprietary notices from any portion of the Services.
- Link to, mirror or frame any portion of the Services.
- or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
8- Third Party Services & Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that ERA does not control. You acknowledge that different terms of use and privacy policies may apply to your use
of such third-party services and content. ERA does not endorse such third-party services and content, and in no event shall ERA be responsible or liable for any products or services of such third-party providers. Additionally, Apple
Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered
mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject
to terms set forth in the applicable third-party beneficiary’s terms of service. You agree to comply with any applicable third-party terms when using the Services.
9- Ownership
The Services and all rights therein are and shall remain ERA’s property or the property of ERA’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:
- to use or reference in any manner ERA’s company names, logos, product and service names, trademarks or services marks or those of ERA’s licensors.
10- Text Messaging
You agree to allow ERA to send you informational text (SMS) messages. We send you messages for the purpose of delivering the service and improving your customer experience - for example, if we need to contact you if we are not able to
locate your vehicle. You can opt out of receiving the text messages by replying “STOP” after any text message received, but be advised this may impact Services from ERA to you.
11- PAYMENT
You are responsible for all fees associated with your use of ERA’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the ERA App itself.
If a modification or cancellation of Services is necessary, ERA will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience.
11-1 Charges
You understand that use of the Services may result in charges to you for the services or goods you receive from ERA (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable,
unless otherwise determined by ERA. All Charges are due immediately and payment will be facilitated by ERA using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired,
invalid, or otherwise not able to be charged.
You agree that ERA may use the secondary payment method from your Account, if available. You agree that ERA will send you a receipt by email or text message, and/or through the application. This electronic receipt is sufficient for all
purposes, including any specific requirements under applicable law. If you prefer to receive a paper receipt, please contact us on our email within 30 days of each fill, to request a physical receipt which will be mailed to you at
our earliest convenience.
11-2 Modifications & Cancellations
ERA, at its sole discretion, reserves the right to establish and amend fees for all services or products obtained through the use of services.
12- DISCLAIMERS
You use the ERA services at your own risk. the services are provided “as is” and “as available.” ERA disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied
warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, ERA makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of
the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. ERA does not guarantee the quality, suitability, safety of fuels provided to you. you agree
that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
- ERA is not responsible for any damages sustained by the customer’s vehicle outside the scope of insurance.
- ERA is not responsible for the accuracy of the location provided by the customer.
- ERA reserves the right to impose delivery charges in case the customer's vehicle is not accessible.
- In the event of cancellation for a reason related to ERA or its driver, the customer will not bear any fees.
- In the event of any interference in the driver’s work, ERA reserves the right to file an official complaint in this regard.
- ERA reserves the right to impose delivery charges in the event that it is not possible to access the customer’s vehicle or does not comply with safety requirements that impede the company's employee’s provision of the service in the
best way.
- ERA does not bear any responsibility for indirect, incidental, special, deterrent or disciplinary damages, including missed gain, loss of data, personal injury, or damage to property in relation to, pertaining or otherwise, resulting
from any use of the services until If ERA had been aware of the possibility of such damage.
- ERA also does not bear any responsibility for delay, failure to perform, any defect, viruses or the like that may be transmitted to or through the services by any external party, user content, or any defamatory or abusive behavior
or It is illegal for any other external party.
13- Indemnification
You are responsible for your use of the Services, and you will indemnify and hold ERA and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “ERA Entities”) from and against any and all
claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:
- Your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services.
- Your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation.
- Your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right.
14- Data Privacy and Security
You hereby consent to the collection and/or processing of your personal data by ERA. ERA is committed to protecting the personal data that ERA receives from you, or otherwise processes, in the course of or in connection with the Services.
ERA will take commercially reasonable and appropriate technical and organizational measures to protect your personal data against unauthorized access, accidental loss or damage and unauthorized destruction. The security provided by
ERA shall be in accordance with good industry practices relating to protection of the types of data typically processed in the Services by ERA customers. You shall act as the data controller in respect of any and all personal data
contained in the account. ERA shall act as the data processor in respect of any processing by it of personal data contained within the account on your behalf, and shall process such personal data in accordance with this Agreement.
You hereby consent to the processing of your data by ERA. You acknowledge and agree that ERA may in connection with the Services engage third party sub-processors, who may be based in, or may process, access or have access to personal
data in or from, jurisdictions outside the UAE. ERA will execute written contracts with such sub-processors which impose on sub-processors data privacy and security terms and obligations materially equivalent to the terms and obligations
hereof.
15- Applicable Law and Jurisdiction
The customer and ERA agree to attempt to resolve any dispute or claim arising out of this agreement or related to it in good faith through negotiations between a manager representing each party who has the authority to settle the relevant
dispute. In the event that the dispute cannot be resolved amicably within 14 days from the date on which either of the parties sends a written notification to the other party regarding the dispute.
These terms and conditions are subject and shall be interpreted in accordance with the provisions of the Emirate of Dubai and the UAE federal laws, as case may be, in the Emirate of Dubai. Any dispute which may arise from or in connection
with these terms and conditions shall be referred to Dubai courts which shall have jurisdiction to hear settle any claim or procedure and finalize any such dispute.
