Terms and Conditions

Your access and/or use of Smart Tow services (henceforth referred to as ‘service’ or ‘services’ in this agreement, wherever applicable) constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and RTA,DTC and its affiliates associated with the Smart Tow app, who are together engaged in offering you these services (henceforth collectively referred to as ‘we’, ‘us’ or ‘our’ in this agreement, wherever applicable). If you do not agree to these terms, you may not utilize the services offered. These services constitute a technology platform through which user’s of Smart Tow’s mobile applications, websites or customer care center, provided as a means to avail of emergency vehicle recovery/towing and technical support services from third party operators licensed and verified by the RTA and DTC. Unless otherwise specified in a separate written agreement with RTA and DTC, you agree to use the services provided through Smart Tow solely for your personal, non-commercial use.

In addition to the provisions of this agreement, using the Smart Tow services, be it through the mobile applications, web browser, dashboard, website or customer care center shall also be subject to the federal laws of the United Arab Emirates, the local laws of the emirate of Dubai and international conventions to which the UAE is party. The Smart Tow services is an initiative of RTA, DTC and its affiliates.

Therefore, the mobile app or website user shall not be entitled to use the logo of the RTA, DTC or its partners, or the contents of the Smart Tow mobile application or website, which are subject to intellectual property rights applicable in the UAE and the international conventions made in this regard, without a proper consent from the RTA, DTC and adopting the proper course of action set for this practice.

We may share your information (including contact information) with any insurer, service provider, claims processor or operator for the purpose of offering you Smart Tow’s services. In addition, in case of a complaint, dispute or legal conflict, your details may be provided to law enforcement agencies, claims porviders and other parties, as is deemed necessary to resolve the complaint, dispute or legal conflict.

Eligibility

Smart Tow services may be used only by individuals who can form legally binding contacts under applicable federal law in the United Arab Emirates. It is not intended for children or for users who have had their accounts or access to these services temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are of minimum legal age to be considered as an adult in the UAE and have the right, authority and capacity to enter into and abide by the terms and conditions set forth in this agreement. You hereby agree that you are the sole authorized user of your account and shall not allow any other person(s) to use your account.

Charges

As a user of Smart Tow’s services, you agree to pay the amount charged for your use of our services. Charges include fares for the technical services offered and other applicable fees including but not limited to tolls, taxes and surcharges. The pricing varies based on the type of technical support requested, such as desert recovery, towing, flat-tyre change etc. as well as charges for transportation of your vehicle to the garage and its delivery to your desired location. The latter is dependent on the distance travelled in addition to tolls and other such expenses along the way. As a user of Smart Tow’s services, you agree that you shall be solely responsible for reviewing these charges prior to availing the services offered. By utilizing these services, you agree that you have read, understand, accept and are liable to pay the charges incurred for the same. If at any point you cancel a certain service after requesting it through the app, a cancellation fee may apply. All charges are facilitated through a third party payment processing service. We reserve the right to remove or change the modes of payment made available or the third party service through which it is offered without notice. Discounts and other offers may be made available to customers through the app as loyalty bonuses. These are valid for use only through Smart Tow and is not transferable or redeemable for cash. We reserve the right to make promotions available to customers of our choosing based on the parameters set to avail of such loyalty bonuses. We may chose to withhold or deduct these benefits in the event that the receipt of such a bonus was in error, fraudulent, illegal or in violation of our terms, at our sole discretion. Upon addition of a new payment method or on each service request, Smart Tow may seek authorization of your selected payment method to ensure that the cost is covered and to protect against any unauthorized behaviour. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’,s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Accuracy of Information and Warranty Disclaimer Although we strive to ensure the accuracy of the information given on the mobile application or website; RTA, DTC, its partners, operators and/or affiliates, suppliers or agents shall not be held responsible by you for the accuracy of such information. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information made available to you. You expressly understand and agree that your use of these services, or any material made available through these services, is at your own risk. Neither RTA, DTC, its affliates nor their employees warrant that the services will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of these services. The content and function of the services are provided to you "as is," without warranties of any kind, either express or implied. Limitation of Liability We cannot accept liability for any charges incurred as a result of errors in transaction initiated by you either by cash or by an alternate payment method. We also cannot accept liability for any payment made to the operator or service provider exclusive of the fare indicated on the application. We will also not accept liability for any damage caused to the customer’s vehicle either directly or indirectly by the operator or any damage caused to the operator’s vehicle directly or indirectly by the customer. In no event will the RTA, DTC or its affliates be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the services offered or human error in the manner in which the services are accessed, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages. Payment (Applicable only for Smart Tow partners and operators) If you are a Smart Tow partner, you will receive payment for the provision of your services to customers. All such fares are subject to a commission that would go towards RTA,DTC and its affiliates associated with the Smart Tow app. This commission amount would be communicated to you through the partner dashboard. Any changes in the same will also be reflected in the dashboard and you may not be given explicit notice of the same. You are expected to check the option associated with commission details within the dashboard to keep yourself updated regarding the same. Continued use of Smart Tow after any such change shall constitute your consent to the same. You expressly authorize us to set the prices on your behalf for all provision of services. We reserve the right to change the fare schedule at any time at our discretion based. We shall process al payments made to you through us by the customer through our third party payment processor. You acknowledge and agree that such amounts shall not be subject to any interest and will be net of any amounts that we are required to withhold by law. Charges may be subject to maximum limits. We reserve the right to adjust or withhold all or any portion of the fare if

Indemnity

You agree to defend the interests of the RTA, DTC and its affliates with any party, official or otherwise, in connection with any claim, financial or otherwise, arising from any breach by you of any of the terms and conditions of this agreement. Accordingly you will bear all costs, financial or otherwise, resulting from your breach of any of the conditions of this agreement, be it insurance, compensation, fees or any other costs, financial or otherwise. Any settlement made with anybody, official or otherwise, in connection with any breach of the conditions of this agreement shall not be valid and effective, unless with the explicit written consent of the RTA and DTC. Areas of operation Additional restrictions and laws may be made applicable depending on the area you are operating the service in, including the local laws of the emirates of Abu Dhabi, Ajman, Dubai, Fujairah, Ras al-Khaimah, Sharjah and Umm al-Quwain. All customers are expected to carry their documents including but not limited to vehicle and insurance documentation, passport and travel documentation (wherever applicable) and produce the same upon request by law enforcement.

Required Conduct

You agree to access the services offered through Smart Tow only for lawful purposes and that you are fully aware of the laws, statutes, rules and regulations pertaining to your use of this service. By accessing or using this service, you agree that you will not

Communications

By becoming a user, you agree to receive communications from us, including via email, text message, calls, push notifications and in-app notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialling systems. Communications from us, our affiliated companies and/or partners, may include but are not limited to: operational communications concerning your User account or use our services, updates concerning new and existing features on the Smart Tow, communications concerning promotions run by us or our third- party partners, and news concerning us and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to the text messages that we send.

Data Sharing

Your data is any information that you provide, publish or post through our platforms including but not limited to profile information and contact number, as well as in application feedback, notes, etc. You consent to us using your information to create a user account that would allow you to access Smart Tow services. Please check our Privacy Policy for details on the collection and use of your personal information.

You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable us to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such information to prepare derivative works, or incorporate into other works, such information, in any media now known or not currently known. We do not assert any ownership over your Information; rather, as between you and us, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your Smart Tow User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to our service through an SNS Account, you understand that we may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the "SNS Content"). You understand that SNS Content may be available on and through Smart Tow to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. We disclaim all liability, regardless of form of action, related to your sharing of information through Smart Tow or SNS account.

Disclaimers

RTA and DTC do not directly offer vehicle recovery and technical support services through Smart Tow. Smart Tow is merely a platform and it is upto each individual partner or towing truck driver to decide whether or not to accept a customer request. Similarly it is upto the customer to decide whether or not accept services offered by RTA and DTC’s partners through Smart Tow.

Smart Tow is provided on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of our services, including the ability to provide or receive recovery vehicles or technical support, at any given location or time. We are also not responsible for the conduct of users whether online or offline. You are solely responsible for your interactions and we do not accept responsibility for any losses arising out of the same including but not limited to negligence or lack of common sense.

We expressly disclaim any liability arising from the unauthorized use of your account. Should you suspect any unauthorized party might be using your account or suspect any other breach or security or malicious activity in relation to Smart Tow services, you agree to notify us immediately.

Certain third party applications including but not limited to Maps and Navigation services and payment gateways have been used to offer you Smart Tow’s services. The use of these Third Party Applications is subject to any terms and a condition provided with such Third Party Application and is not governed by us. We shall not be held responsible for any Third Party Application and you acknowledge that such application may be modified or removed by its original publisher and/or respective rights owner at any time. You assume all responsibility and risk of use of any Third Party Application (including any content therein) and we hereby disclaim any and all liability to you or any third party related thereto. We do not have any obligation to examine or scan Third Party Applications accessed through the service, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third Party Application. The fact that a Third Party Application is accessed through one or more of the platforms through which Smart Tow’s services are available or otherwise is not an endorsement, authorization or representation of our affiliation with any third party, nor is it an endorsement of such Third Party Application and you hereby waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. The location data provided is for basic location purposes only and is not intended to be relied upon in situations where inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Data provided through Smart Tow, including location data, may be available to other users such as partners and tow tuck operators.

Some links or references made in the website or app may lead to websites not operated by us. We do not control these websites or review its content. These may be provided solely for your convenience and are not an endorsement of the products, services or information contained within them and do not imply an association between us and the operators of the linked website. When you select such a link, you agree to abide by and are subject to the terms of conditions of the owner(s)/sponsor(s) of that particular website.

We exercise no control over the Apple App Store or Google Play store and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through them We shall not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party applications, products, services, software and the Apple App Store or Google play store.

Termination of Use

We may, at our sole discretion, terminate or suspend your access to any or all of the services offered through Smart Tow without prior notice. This may be for your violation of these terms and condition or laws applicable in the UAE, or for other conduct which we, at our sole discretion believe is a breach of these terms, a violation of laws or international conventions or causes harm to others. In the event of such a termination, you will no longer be authorized to access these services and we shall use any means possible to enforce this termination.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Smart Tow’s business, operations and properties, including User information disclosed to you by Smart Tow for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by RTA and DTC or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of RTA, DTC and its affiliates; becomes known to you, without restriction, from a source other than us without breach of this Agreement by you and otherwise not in violation of our rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to us to enable us to seek a protective order or otherwise prevent or restrict such disclosure.

Governing Law and Arbitration

These Terms shall be exclusively governed by and construed in accordance with the federal laws of the United Arab Emirates. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the applicable UAE law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration defined by UAE federal law. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the UAE Federal law. The place of both mediation and arbitration shall be Dubai, UAE. The language of the mediation and/or arbitration shall be Arabic. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the authorities in UAE, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Miscellaneous

If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the Smart Tow services and supersede any prior or contemporaneous written or oral statements by our representatives or partners. The failure of RTA, DTC or its affiliates to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Binding Agreement

By using Smart Tow’s services or accessing its content, you agree that you have fully read, understood and shall abide by the aforementioned terms and conditions. We may change the terms from time to time and you, the user, is therefore expected to visit this webpage regularly to stay updated regarding these changes. Both these terms as well as the terms of RTA or DTC’s verified partners or operators may contain some additional exclusions and limitations of liability.