Terms of Service

 

1. Introduction

HUSTLEHUB (“HUSTLEHUB”, “company”, “we”, “us”, “our”) provides our services (collectively, the HUSTLEHUB or “Service”) that is made available through the HUSTLEHUB platform and you are entering into a binding contract with HUSTLEHUB. Your access and use of the Services constitutes your agreements to be bound by these Terms, which establishes a contractual relationship between you and HUSTLEHUB. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. HUSTLEHUB 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.

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the  entire agreement  section below, other than terms with any third parties (collectively, the “Agreements”).

The Agreements include terms regarding future changes to the agreements, payment, and limitations of liability, privacy, waiver of class actions and resolution of disputes by arbitration instead of in court.

 You hereby acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the HUSTLEHUB Service or access any Content.

In order to use the HUSTLEHUB Service and access any Content, you need to be 18 years or older have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, agreed to submit to FDRE federal legal system ,

 Obliged that any registration information that you submit to HUSTLEHUB is true, accurate, and complete, and you agree to keep it that way at all times. You are solely responsible for any falsehood, inaccuracy and incomplete information you provide. 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 HUSTLEHUB’s termination of these Terms with you.

In order to use most aspects of the Services on the HUSTLEHUB app, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to HUSTLEHUB certain personal information, such as your name, address, mobile phone number and age. 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 all times.

Relevant parts of this agreement apply on corporate clients and any party who use HUSTLEHUB service under the agreement with the corporate client whether the use is with the consent of the corporate client or not.

 

2. Changes to the agreements

 

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.

 

3. Scope and Provision of Service

The Services constitute a technology platform that enables users of HUSTLEHUB’s mobile applications or call center or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with HUSTLEHUB or certain of HUSTLEHUB’s affiliates (“Third Party Providers”).

Unless otherwise agreed by HUSTLEHUB in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

YOU ACKNOWLEDGE THAT HUSTLEHUB DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY HUSTLEHUB OR ANY OF ITS AFFILIATES.

Subject to your compliance with these Terms, HUSTLEHUB grants you a limited, non-exclusive, non-sub licensable, 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, noncommercial use. Any rights not expressly granted herein are reserved by HUSTLEHUB and HUSTLEHUB’s licensors.

 

You may not:

remove any copyright, trademark or other proprietary notices from any portion of the Services;

reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by HUSTLEHUB;

decompile, reverse engineer or disassemble the Services;

link to, mirror or frame any portion of the Services;

cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

The Services may be made available or accessed in connection with third party services and content (including advertising) that HUSTLEHUB 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. HUSTLEHUB does not endorse such third party services and content and in no event shall HUSTLEHUB be responsible or liable for any products or services of such third party providers.

The HUSTLEHUB software applications and the Content are not sold or transferred to you, and HUSTLEHUB and its licensors retain ownership of all copies of the HUSTLEHUB software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”).

All HUSTLEHUB trademarks, service marks, trade names, logos, domain names, and any other features of the HUSTLEHUB brand (“HUSTLEHUB Brand Features”) are the sole property of HUSTLEHUB or its licensors. The Agreements do not grant you any rights to use any HUSTLEHUB Brand Features whether for commercial or non-commercial use.

You agree to abide by our user guidelines   and not to use the HUSTLEHUB Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements HUSTLEHUB grants no right, title, or interest to you in the HUSTLEHUB Service or Content.

Third party software, (for example, open source software libraries) included in the HUSTLEHUB Service, are made available to you under the relevant third party software library’s license terms which are binding on you.

 

4. Promotion code

HUSTLEHUB may, in HUSTLEHUB’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that HUSTLEHUB establishes on a per promotional code basis (“Promo Codes”).

You agree that Promo Codes:

must be used for the intended audience and purpose, and in a lawful manner;

may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by HUSTLEHUB;

may be disabled by HUSTLEHUB at any time for any reason without liability to HUSTLEHUB;

may only be used pursuant to the specific terms that HUSTLEHUB establishes for such Promo Code;

are not valid for cash; and 

may expire prior to your use.

HUSTLEHUB reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that HUSTLEHUB determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

5 Payments

Agrees to pay to the Company:

·       For all journeys undertaken by a Provider of a Vehicle provided by the Company The metered fare applicable at the time of each relevant journey or the rate as may otherwise be agreed with the Company in writing plus all other agreed charges including administration charges and bank transfer fees.

·       For all journeys undertaken by a Provider of a Vehicle provided HUSTLEHUB Transportation Technologies the metered fare or otherwise appropriate charge for the journey applicable at the time of each relevant journey, or as may be previously published by the Technology Company upon special agreements with customer.

The Customer hereby authorizes the Company to pay these charges to serving Providers on the Customer’s behalf and the Customer will fully and effectually indemnify the Company in respect of such payments.

For all journeys undertaken by a Provider on behalf of the Company in addition to those contained in the preceding clauses:

·       All local or other taxes (including Value Added Tax) at the rate determined by the Company or the appropriate tax authorities.

·       The Customer hereby acknowledges that when booking a vehicle by using a HUSTLEHUB Platform agree to pay to the Company, the charges provided herein on receipt of the Invoice from the Company.

Subject to any other written agreement between the parties hereto:

·       For Corporate clients, invoices will be delivered periodically as agreed by customer during application. Individual clients settle bills with cash at the end of each trip.

·       Corporate clients agree to pay in full within 7 days of the date the total of such invoices.

 

For corporate accounts, at the time of opening an account the Company will set a limit on the total amount outstanding. The Company will refuse to accept any further business in the event of this limit being exceeded. It will be the duty of the Customer to ensure that the use of the Service is operated within the Invoice limit. However the Company is not under a duty to the Customer to limit the Service to the Invoice limit and if in their absolute discretion the Company should continue to provide Service over and above the Invoice limit the full amount due to the Company shall be payable by the Customer notwithstanding that the Invoice limit may have been exceeded.

 

6 Third party Applications and Devices

The HUSTLEHUB Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the HUSTLEHUB Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that HUSTLEHUB does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does HUSTLEHUB warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

 

7 Network access and 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 and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto.

·       HUSTLEHUB 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.

 

9 User generated content

·       HUSTLEHUB may, in HUSTLEHUB’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to HUSTLEHUB through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to HUSTLEHUB, you grant HUSTLEHUB a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and HUSTLEHUB’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

·       You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant HUSTLEHUB the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor HUSTLEHUB’s use of the User 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 User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by HUSTLEHUB in its sole discretion, whether or not such material may be protected by law. HUSTLEHUB may, but shall not be obligated to, review, monitor, or remove User Content, at HUSTLEHUB’s sole discretion and at any time and for any reason, without notice to you.

·       YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST HUSTLEHUB RELATED TO USER CONTENT THAT YOU POST, THEN YOU WILL FULLY INDEMNIFY AND HOLD HUSTLEHUB HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

 

10. Rights you grant us

By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from HUSTLEHUB at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

You grant us the following rights understanding the content of the rights you grant us and with full consent:

·       To allow the HUSTLEHUB Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service,

·       To provide advertising and other information to you, and

·       To allow our business partners to do the same. In any part of the HUSTLEHUB Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including HUSTLEHUB agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by HUSTLEHUB may contain advertising as part of the Content. The HUSTLEHUB Service makes such Content available to you (anyone) unmodified to sell any data acquired from the use of the service.

·       If you provide feedback, ideas or suggestions to HUSTLEHUB in connection with the HUSTLEHUB Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize HUSTLEHUB to use that Feedback without restriction and without payment. Feedback is considered a type of service provider content.

·       You (the user) grant HUSTLEHUB a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, we retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

 

11. User guidelines

Treat everyone with respect፡

·       The actions you take while using the HUSTLEHUB Platform can have a big impact on the safety and comfort of others; Courtesy matters;

·       Always try to be on time for your HustleHub;

·       It’s also common courtesy not to shout, swear or slam doors;

·       Most importantly, remember that when you interact with others in the HUSTLEHUB community, you may meet people who may look different from you or think differently than you; Please respect those differences;

·       Don’t touch strangers or anyone you just met while using the HUSTLEHUB  Platform; (Limited exceptions are permitted for people needing or requesting physical assistance or when limited physical contact is unavoidable;

·       Hurting or intending to hurt anyone is never allowed;

·       We all value our personal space and privacy;

·       It’s okay to chat with other people; But please don’t comment on someone’s appearance or ask whether they are single; Sexual assault and sexual misconduct of any kind is prohibited; (Sexual assault and misconduct refers to sexual contact or behavior without explicit consent of the other person.)

·        Aggressive, confrontational, or harassing behavior is not allowed;

·       Don’t use language, make gestures, or take actions that could be disrespectful, threatening, or inappropriate;

 

·       Contact should end when the trip or delivery is complete, unless it’s to return a lost item; unwanted contact can be seen as harassment and includes, for example, texting, calling, social media contact, visiting, or trying to visit someone in person after a trip or delivery has been completed

·       Do not share any unnecessary contact information;

·       Do not discriminate against someone based on traits such as their age, colour, disability, gender identity, marital or civil partnership status, pregnancy or maternity, national origin, appearance, race, religion or belief, political views, sex, sexual orientation, or any other characteristic;

·       Damaging property is never allowed; Some examples include damaging the car or other mode of transportation requested through the HUSTLEHUB Platform, breaking or vandalizing a phone or tablet, intentionally spilling food or drink, smoking in a car, damaging a merchant’s premises, or vomiting due to excessive alcohol consumption or otherwise; If you damage property, you’re responsible for the cost of cleaning and repair fees, outside of normal wear and tear.

Help keep one another safe:

·       Account sharing is not allowed; To use the HUSTLEHUB Platform, you need to register and maintain your own active account; Don’t let another person use your account, and never share your personal information used in connection with your account, including but not limited to username, password, or photos of yourself, with anyone else to access the HUSTLEHUB Platform.

Follow the laws:

·       using the HUSTLEHUB  Platform to commit any crime—such as transporting drugs, money laundering, committing drug or human trafficking, or sexually exploiting children—or to violate any other law or regulation is strictly prohibited.

·       Everyone is responsible for knowing and obeying all applicable laws, including airport rules and regulations when at the airport, and rules of the road—including complying with traffic laws, signs, and signals—at all times when using the HUSTLEHUB platform.

You have a duty to respect HUSTLEHUB and other users of the HUSTLEHUB Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

·       Is offensive, abusive, defamatory, pornographic, threatening, or obscene;

·       Is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of HUSTLEHUB or a third party;

·       Includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

·       Includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

·       Is intended to or does harass or bully other users;

 

·       Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

·       Involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;

·       Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by HUSTLEHUB;

·       Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by HUSTLEHUB;

·       Interferes with or in any way disrupts the HUSTLEHUB Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or HUSTLEHUB computer systems, network, usage rules, or any of HUSTLEHUB security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

·       Conflicts with the Agreements, as determined by HUSTLEHUB.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that HUSTLEHUB reasonably believes violates these User guidelines) may result in immediate termination or suspension of your HUSTLEHUB account. You also agree that HUSTLEHUB may reclaim your username for any reason.

Shared or publicly available information may be used and re-shared by other users on HUSTLEHUB or across the web, so please use HUSTLEHUB carefully and be mindful of your account settings. HUSTLEHUB has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

 

13. Service limitations and modifications

HUSTLEHUB will make reasonable efforts to keep the HUSTLEHUB Service operational. However, certain technical difficulties, maintenance or testing, or updates required reflecting changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. HUSTLEHUB reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the HUSTLEHUB Service, all without liability to you, for any interruption, modification, or discontinuation of the HUSTLEHUB Service or any function or feature thereof. You understand, agree, and accept that HUSTLEHUB will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.

 

14. Customer support

For customer support with account-related and payment-related questions, please feel free to contact our Customer Service department using the Customer Service number at 9221. We will use reasonable and fast ways to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

 

16. Term and Termination

·       The Agreements will continue to apply to you until terminated by either you or HUSTLEHUB. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. HUSTLEHUB may terminate the Agreements or suspend your access to the HUSTLEHUB Service at any time, including in the event of your actual or suspected unauthorized use of the HUSTLEHUB Service and/or Content, or non-compliance with the Agreements, or if we withdraw Services and/or Content. You may terminate the Agreements at any time.

·       This section will be enforced to the extent permissible by applicable law.

·       Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

 

17. Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE HUSTLEHUB SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. HUSTLEHUB OR ANY PARTNER OF HUSTLEHUB MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HUSTLEHUB 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. HUSTLEHUB DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. 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. NEITHER HUSTLEHUB NOR ANY PARTNER OF HUSTLEHUB WARRANTS, THAT THE HUSTLEHUB SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. INADDITION, HUSTLEHUB MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE HUSTLEHUB SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND HUSTLEHUB IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM HUSTLEHUB SHALL CREATE ANY WARRANTY ON BEHALF OF HUSTLEHUB WHILE USING THE HUSTLEHUB SERVICE. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

18. Limitation and time for filing

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE HUSTLEHUB SERVICE IS TO UNINSTALL ANY HUSTLEHUB SOFTWARE AND TO STOP USING THE HUSTLEHUB SERVICE. YOU AGREE THAT HUSTLEHUB HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE HUSTLEHUB  SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO HUSTLEHUB, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

 

IN NO EVENT WILL HUSTLEHUB, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR;

·       ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;

·       ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE HUSTLEHUB SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HUSTLEHUB HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR

IN NO EVENT SHALL HUSTLEHUB’S AGGREGATE LIABILITY FOR ALL CLAIMS ALL DAMAGES, LOSSES AND CAUSES OF ACTION RELATING TO THE HUSTLEHUB SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT BE MORE THAN ONE THOUSAND BIRR (1,000.00).

YOU AGREE THAT ANY CLAIM AGAINST HUSTLEHUB MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION WITHIN SIX MONTH AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

HUSTLEHUB’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HUSTLEHUB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

19. Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and HUSTLEHUB and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

 

20. Entire Agreement

·       Other than as stated in this section or as explicitly agreed upon in writing between you and HUSTLEHUB the Agreements constitute all the terms and conditions agreed upon between you and HUSTLEHUB and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

·       Certain aspects of your use of the HUSTLEHUB Service may be governed by additional agreements. That could include, for example, access to the HUSTLEHUB Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms.

·       To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

 

21. Severability, waiver and interpretation

·       Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

·       Any failure by HUSTLEHUB or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive HUSTLEHUB or the applicable third party beneficiary’s right to do so.

·       As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

 

22. Assignment

HUSTLEHUB may assign the Agreements and any of its rights under the Agreements, in whole or in part, and HUSTLEHUB may delegate any of its obligations under the Agreements. You give your approval to HUSTLEHUB for it to assign or transfer these Terms in whole or in part, including to:

 

·      a subsidiary or affiliate;

·       an acquirer of HUSTLEHUB’s equity, business or assets; or

·       a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, HUSTLEHUB or any Third Party Provider as a result of the contract between you and HUSTLEHUB or use of the Services.

You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party part without HUSTLEHUB’s prior written approval.

 

23. Indemnifications

You agree to indemnify and hold HUSTLEHUB harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to:

·       Your breach of the Agreements or any one of them;

·       Any User Content you post or otherwise contribute;

·       Any activity in which you engage on or through the HUSTLEHUB Service; and

·       Your violation of any law or the rights of a third party.

 

24. Governing law / Jurisdiction

·       The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the Democratic Republic of Kenya, without regard to choice or conflicts of law principles.

·       You and HUSTLEHUB agree to the jurisdiction of the Federal Democratic Republic of Kenyan Courts to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration.

 

25.  Dispute resolution and arbitration

You and HUSTLEHUB agree that any dispute, claim, or controversy between you and HUSTLEHUB arising in connection with or relating in any way to these Agreements or to your relationship with HUSTLEHUB as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration with the rules and mechanisms of Arbitration and Conciliation, working procedure Proclamation 1237/2021.

 

26.  No class or representative proceedings; class action waiver

YOU AND HUSTLEHUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and HUSTLEHUB agree, no arbitrator or court may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

27.  Contact us

If you have any questions concerning the HUSTLEHUB Service or the Agreements, please contact HUSTLEHUB Customer Service by visiting our website.