Terms and Conditions

INTRODUCTION

MILES is an app owned by Miles Universal PVT Ltd. Henceforth known as “MILES” - facilitates the sharing of vehicle rides by and between Miles Hosts – An individual who drives a vehicle and/or who has registered on MILES as a host and, MILES Travellers – Individuals seeking transportation via the MILES platform. It does not provide transportation services by owning vehicles and serves only as an intermediary technological platform that facilitates the communication between users of the platform. By accepting the provision of services through this app - the Miles host and the traveller acknowledge that MILES has no direct association with either the MILES Host or the MILES Traveller. The user acknowledges and agrees that MILES is not liable for any acts or omissions in any form or manner committed by the Miles host or the Miles traveller. The user acknowledges and agrees further that by registering and accepting the policy of service of this app the sole and exclusive risk of usage of this service is with such user and no liability in any form or manner shall be transferred to MILES which shall be kept completely harmless and fully indemnified by the Miles host or the traveller.

TERMS AND CONDITIONS

Your access to and use of the app MILES is subject exclusively to these stipulated Terms and Conditions. These Terms and Conditions are the ‘General Conditions’ applicable to the use of service offered by MILES. Miles Hosts and Travellers will not use the app for any act that is unlawful or prohibited by these Terms and Conditions or against the laws of the Democratic Socialist Republic of Sri Lanka. By using the app, you are fully accepting the terms, conditions and disclaimers contained in this legal notice and agreement. If you do not accept these Terms and Conditions fully you must refrain from using any part of the app, delete the account and uninstall MILES immediately from all mobile devices. All software belongs to the creators and owners of MILES. MILES reserves the right to refuse registration or remove any person from the app database and from the usage of services provided at any time. MILES also reserves the right to expand or limit its services or to change or remove (temporarily or permanently) the app or any part of it without any notice at the sole discretion of the creators and owners of MILES. The same applies to the changing of these Terms and Conditions at any time. Your continued use of the app following any such changes shall be deemed to be your acceptance of such changes. All rights inclusive of copyrights, trademarks, trade names, designs and other intellectual properties with regard to the app are exclusively owned by the creators and owners of MILES (including without limitation the app design, specifications, text, graphics and all software and source codes connected with the app). By registering on the app, you agree that all contents therein are owned by or licensed to MILES and that you agree that you will access the content solely for your personal use.

DISCLAIMERS AND LIMITATION OF LIABILITY

The app is provided based on the existing content and basis without any representation or endorsement made and without warranty of any kind whether expressed or implied including but not limited to the satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. MILES shall not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits etc.) arising out of or in connection with the use of the app in any form or manner. MILES makes no warranty that the functionality of the app will be uninterrupted, error free or that the Miles Hosts or travellers will adhere to the agreed time frames. MILES is also not responsible for any damages or losses caused to your phone or any other app on the phone or connected services as a result of using the app. MILES is not liable for any error or inconsistency of information on its platform or system and with other independent systems specialising in the service provision for GPS, radar and similar services.

HOST AND TRAVELLER LIAISON

MILES does not provide transportation services by its own vehicles, serving only as an intermediary technological platform to allow hosts and travellers to share their journeys with each other. Thus, by accepting the provision of services by the host - the traveller acknowledges and agrees that MILES has no direct association with the Miles host and it merely facilitates the communication between a Miles Host and a Miles Traveller. The Miles host or traveller shall have no claim arising out of contract or delict against the creators or owners of MILES and shall keep the creators and owners of MILES completely harmless and fully indemnified by the Miles host or the traveller. Any claim arising out of contract or delict if any shall only be by and between the Miles host and traveller concerned.

COMPENSATION FOR DAMAGES

The user agrees to hold harmless and indemnify the creators and owners of MILES and its employees, agents and representatives from any direct or vicarious claims, suits, losses, liabilities, damages and expenses for any damage and/or the damage resulting from the use of the app inclusive but not limited to accidental claims or suits. The user accepts that MILES acts only as a service provider that allows communication and scheduling of journeys between Miles Hosts and Miles travellers and that it is not responsible for any issues that arise during the Miles ride, such as accidents, delays, representations about the Miles, representations of locations or discomfort of any form or manner experienced by users.

OBLIGATIONS, LIABILITIES AND RISKS OF TRAVELLERS

The traveller agrees that he/she uses the service provided by the app of their own free will and unlimited choice and recognizes and accepts responsibility and risk for using the app. The acceptance or denial of the service may occur at first by the Miles host who can accept or deny the service when receiving a notification for a ride. The traveller may also cancel the service for any reason subject to the contents of the app. Both the Miles host and the traveller recognize, acknowledge and agree that MILES is not liable for any delays, cancellations, failure to cancel the contract and miscommunication between traveller and host, nor for any delay or failure in the delivery of service.

THE INFORMATIONS AND RISKS OF THE SERVICE FOR TRAVELLER

The traveller acknowledges and agrees that he/she understands and is aware of all the risks involved in the use of the app and all 3rd party services connected with MILES. The traveller agrees to act as expected of someone who chooses a Miles Host for transport. The traveller acknowledges and agrees that MILES performs no host or vehicle selection and that MILES does not vouch for the suitability of any Miles host or vehicle. The traveller acknowledges and agrees that the data provided by the Miles Host such as: Full Name, Profile Picture, Vehicle Brand/Model, Plate Number, Seating Capacity and Vehicle images provided among others, were all provided by the Miles host and not by MILES. By accepting the services, the traveller acknowledges and agrees that MILES has no involvement in the contractual relationship between a Miles Host and a Miles Traveller.

THE INFORMATIONS AND RISKS OF THE SERVICE FOR HOST

The Miles Host acknowledges and agrees that he/she understands and is aware of all the risks involved in the use of the app and all 3rd party services connected with MILES. The host agrees to act as expected of someone who offers to share their journey on Miles with a Miles Traveller. The Miles Host acknowledges and agrees that MILES performs no traveller or vehicle selection and that MILES does not vouch for the suitability of any travellers. The Miles Host acknowledges and agrees that the data they provide to the Miles platform such as: Full Name, Address/Billing Proof, National Identity Card/Passport, Driving Licence, Revenue Licence, Insurance Policy, Profile Picture, Vehicle Brand/Model, Plate Number, Seating Capacity and Vehicle Images must true and accurate as per the laws of Sri Lanka. The information we obtain is for verification purposes among others. By accepting the services, the traveller acknowledges and agrees that MILES has no involvement in the contractual or any other relationship between a Miles Host and a Miles Traveller.

GENERAL TERMS AND CONDITIONS

Booking and Cancellation Conditions

The User agrees that these Terms and Conditions shall be in force when a Miles Host or a Miles Traveller uses the MILES platform.

(a)Miles shall not be responsible or liable for any loss, damage or embarrassment suffered by the User in relation to or in respect of any instructions or operations affected by the User or alleged to be affected by the user of Miles - however caused including but not limited to the User's noncompliance with the Miles Terms and Conditions and MILES 's inability to provide the services for any reason, including and without limitation, as a result of malfunction, partial or total failure of any network terminal, data processing system, computer tele transmission or telecommunications system or other circumstances whether or not beyond the control of MILES or any person or any organisation involved in the above mentioned systems.

(b)The User shall not hold MILES liable for any direct or indirect loss or damage which the User may suffer or experience as a result of any failure by MILES or any fault of the Host or any fault of the Miles company to provide service to the User if MILES or the Host or the Miles Company have agreed to do so - or even if the User has advised MILES or the Host of the possibility that any such loss or damage would result, in the event that the Miles service is not provided at all or within the stipulated time frame.

(c)The User undertakes with MILES and agrees to indemnify MILES from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which MILES may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of MILES and shall pay such sums on demand.

(d)The Miles Host can make up to 5 cancellations in a single calendar year and thereafter Miles has the right to either suspend the use of the Miles app by the Miles host or permanently terminate the user profile. Travellers can cancel their journey before it starts and/or during the journey and will have to bear the stipulated cancellation fee as mentioned on the Miles app at the time of making the booking.

(e)If for any reason your host takes too long to get to you then the cancellation charge may be refunded at the full discretion of Miles. A cancellation fee will always apply if a trip is cancelled after it has begun.

(f)If you are not at the pickup location or your host cannot get in touch with you, the cancellation fee will apply if the host is at your pickup location and has waited for over 5 minutes. This means that the fee can still apply even when your host is the one to cancel the trip.

Payment Conditions

A Miles Host is given full autonomy to decide how much they would like to charge per kilometre. This rate will always be within the minimum and maximum range set by Miles.

Once the traveller chooses a host for their journey, they are bound to pay the full fare for their journey based on the Miles Host’s per kilometre charges seen on the app whilst making the booking by cash or credit card. MILES shall be held harmless and fully indemnified from and against and in respect of any or all liabilities, losses, charges and expenses incurred to the Miles host. MILES shall be entitled to an agreed percentage of each and every fare which can be subject to change, and which will be notified to all Miles Hosts through the app before implementation of the same. The continued usage of the app by the Miles host shall be implied to him/her agreeing to the revised rates to which MILES shall be entitled from time to time.

General Terms and Conditions

MILES maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse towards Miles Hosts or travellers. It is unacceptable to refuse to provide or accept services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age (except if the traveller is below 13-years of age) or any other characteristic protected under applicable Sri Lankan law. This type of behaviour can result in permanent loss of access to the MILES platform. Miles Hosts and travellers are expected to act appropriately and respect boundaries. It is disrespectful to make derogatory remarks about a person at any time. Commenting on appearances, asking overly personal questions and making unwanted physical contact are all considered inappropriate behaviours. Anyone who solicits or engages in sexual conduct while using the MILES platform shall lose any future access to it. We encourage you to be mindful of other privacy and personal space. Violence of any kind will not be tolerated. Calm and clear communication is the most effective way to defuse any disagreement that may arise between the Miles host and traveller. All Miles Hosts and travellers are expected to be treated with respect and courtesy. This expectation extends to personal property as well. As a Miles host it is your responsibility to make every reasonable effort to return any lost items in your vehicle. It is best to treat a lost item respectfully. It is unacceptable to require additional payment to return such an item and doing so could cause you to lose access to the MILES platform. As a Traveller it is your responsibility to treat your host’s vehicle with respect and not intentionally damage or remove any items therefrom. The safety of Miles Hosts and travellers on the MILES platform is of utmost concern. In order to best protect everyone in the vehicle we require full compliance with the law. MILES does not tolerate drug or alcohol use by Miles Hosts while using the app. If any traveller believes that a Miles host may be under the influence of drugs or alcohol, please request that the Miles host end the trip immediately and inform MILES forthwith. The Miles host has the discretion to provide service to a traveller who in the opinion of the Miles host is under the influence of drugs or alcohol. MILES prohibits human trafficking of any kind including the commercial sexual exploitation of children while using the app. Any person who engages in such activity shall lose access to MILES and its connected services. As a Miles host it is your responsibility to transport travellers safely in accordance with the rules of the road. As a traveller it is your responsibility to abide by the laws in respect of travellers. Both Miles Hosts and travellers shall be governed inter-alia in terms of the Motor Traffic Act and the Regulations made thereunder. The Miles host has the sole discretion to refuse to provide transportation to the traveller with an animal. If at any time you feel that you are faced with a situation that requires immediate or urgent attention please call the nearest police station and/or hospital and report the same to MILES.

TERMINATION

The creators and owners of MILES shall be at full liberty to choose to register and terminate Miles Hosts and travellers who are interested in using the app without any reason. MILES reserves the right to terminate access to certain areas or features of the app at any time and for any reason with or without notice. MILES reserves the right to limit, deny or create different access to the app and its features with respect to different users or to change any of the features or introduce new features without prior notice. Termination is subject to the accrued rights of MILES.