Terms and Conditions

1) By registering on Mozmi app, you agree and confirm that you are (i) at least 18 years old and legally capable of entering a contract; and (ii) hold a valid provisional car driving licence within the UK and/or the EU which allows you to drive under appropriate supervision in the UK.

2) Registration is required to book a driving lesson through the Platform

3) Mozmi operates as a platform for Instructors and Students to connect. The Instructors are not employed by us and we are not associated with any of the Instructors directly. You agree to do your own due diligence when selecting an instructor. We do not recommend or endorse any of the drivers or the quality of service provided by them, nor for any negligence that may occur in the provision of their service

4) When booking a Lesson, you agree that you are entering into a contract with the Driving Instructor, and not with us, for the provision of the Lesson. The Instructor may have their own terms and conditions for the provision of their services, and you agree to abide by those terms. We are not responsible or liable in relation to the provision of a Lesson.

5) You agree to use Mozmi app responsibly. We reserve the right to suspend or terminate an account at any time and without liability.

6) By using Mozmi mobile application, you agree to be bound by these terms as well as our Privacy Policy and Cookie Policy. We reserve the right to update these terms and conditions at our discretion We will endeavor to provide you with notice about major changes to the Terms and other changes (via email to the address on your account), but we make no guarantees. Other changes could be, without limitation, changes to payment policies, security patches, added or removed functionality, and other enhancements or restrictions to the app. Your use of Mozmi app after the Terms have changed constitutes your acceptance of the Terms as changed. You may reject changes to the Terms by uninstalling the app

7) You are responsible for the security of your passwords and for any use of your account.

Reviews

Mozmi platform allows you to leave a review at the end of each appointment. Leaving a Review is optional, however, if you do decide to leave review, you agree: -

• You will provide an accurate review based on your own experience
• You will not misuse the platform or the Ratings functionality for any fraudulent purpose, breach or infringe any copyrights, laws, and regulations.
• We reserve the right to remove any review without notice if we deem it has been left out of malice or with the sole intention of affecting a business’s reputation.

Payments & Cancellations

1) You agree to pay the full Fee for each Lesson directly to the Instructor. Payment can be made in Cash or through a Credit/Debit Card. We use Stripe payment gateway to process debit/credit card payments.

2) If you are unable to attend a booked lesson for any reason, you agree to give at least 24 hours advance notice to the Instructor either through SMS or a Phone Call, before cancelling the booked appointment through Mozmi. Failure to give advance notice, and making a lot of cancellations without a valid reason may result in the removal or restriction of your account.

5) It is prohibited to make any unauthorized use of the platform, including collecting usernames and/or email addresses of users by electronic or other means

CopyRight and Restrictions

All of the content available on or through Mozmi, including without limitation, text, photographs, graphics, logos, trade/service marks, but expressly excluding Customer Data, text and pictures, is owned and/or controlled by Mozmi, as applicable, by copyright, trademark, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that Mozmi and any underlying technology or software used in connection with Mozmi contain our proprietary information.

You will not, nor will you attempt to (or allow anyone else to or attempt to):

• All unlawful usage of the Platform or unauthorised access to the Platform or any of its servers, networks or computer systems is strictly prohibited.
• Any illegal downloading, copying, reproduction, publishing, distribution, storage, transmission, commercial exploitation, in any form whatsoever is strictly prohibited. The copyright of Mozmi content is owned by Badar Zaman. All rights are strictly reserved.
• copy, modify, create a derivative work of, reverse engineer, decipher, disassemble, decompile or otherwise attempt to extract the source code of Mozmi App or any part thereof;
• attempt to disable or circumvent any security or verification mechanism used by Mozmi;
• use Mozmi in any manner, or otherwise engage in any activity, that could damage, disable, overburden or impair our servers or networks, or interfere with or disrupt Project Hub or any other users' use or enjoyment of Project Hub.
• attempt to gain unauthorized access to any of Mozmi app, member accounts, or computer systems or networks, through hacking, password mining or any other means.
• remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through Mozmi app or in any content or other material obtained via Mozmi app;
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

Monitoring of Content and Data

You understand and agree that Mozmi may access and disclose Customer Data or otherwise provide third parties access to it for the following reasons:

• to send an email message to you upon your request;
• for maintenance and to develop new and useful features;
• to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
• to enforce these Terms;
• to respond to claims that any Customer Data or Content violates third party rights;
• to respond to your requests for customer service; and
• to protect the rights, property, or personal safety of Mozmi users

Disclaimer of Warranties:

Limitations on Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR USE OF MOZMI APP. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF MOZMI, OR OTHERWISE IN CONNECTION WITH MOZMI.

Choice of Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the United Kingdom without giving effect to principles of conflict of laws, and the parties consent to the jurisdiction of the courts of the United Kingdom. Each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.

General Legal Terms

These Terms constitute the whole legal agreement between you and Mozmi app.

Mozmi app shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

We will use all reasonable measures to ensure availability of the platform at all times. However, on occasions, the availability may be interrupted due to scheduled maintenance, technical issues, upgrades and updates, or any other failure outside of our direct control such as network issues or availability of the internet. We cannot be held responsible for any such failure. Where possible, we will notify in advance of any planned upgrades or outages.

Disclaimer

You agree that we cannot be held responsible or liable for any errors or omissions in any content posted by a Driving Instructor. We accept no obligation to verify or review any such content. In addition, we do not warrant that (a) any Student shall find a suitable Instructor; (b) Instructor will be suitable for your purposes. Any guarantees offered by an instructor are between you and the said Instructor. We cannot be held liable for the actions of any Instructor or any guarantees offered by such Instructor.

Definitions

The following words have the following meanings:

• Platform/App: Both words have been used interchangeably to refer to Mozmi mobile application.
• Instructor: an organisation or individual who has registered as a Driving Instructor on Mozmi
• Fee: the fees due from a driving lesson
• Student/Learner Driver: an individual who has registered with us as a Learner Driver.
• Lesson: a driving lesson.
• Platform Content: all materials and content including on the Platform, including all information, data, text, images and code/software excluding any content posted by a Driving Instructor and/or a Learner Driver.

Mozmi app may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign these Terms.

Version 1.0, January, 2021

When you register with the Platform you must provide your email address and choose a password. You must also complete your profile with details of your business and register with Stripe in order to accept credit card payments. You are responsible for keeping your password confidential and you are responsible for any activity under your Mozmi account. Please take precautions to protect your password and contact us immediately by email at team@mozmi.co.uk if you believe there has been any unauthorised use of your Mozmi account.

2.1) By registering on Mozmi app, you agree and confirm that you

• are authorized to bind any organisation that you purport to represent
• are at least 21 years old
• are a qualified and Approved Driving Instructor registered with the Driver and Vehicle Standards Agency and you passed all three stages of ADI exams
• held a driving licence for over 3 years, without any motoring convictions.
• passed a DBS check
• own a dual controlled car with a current MOT certificate and fully paid vehicle excise duty
• have in place and maintain fully comprehensive motor insurance allowing you to provide driving lessons
• are legally allowed and qualified to give driving lessons
• All communication between you and the student is your responsibility
• You are responsible for all taxes due and payable in your capacity as a Driving Instructor.
• You are not and shall not be deemed to be our employee at any time and accordingly, shall not be entitled to any benefits of an employee under applicable laws.
• You shall attend a Lesson promptly and shall provide all instruction in a Lesson to the best of your ability, with reasonable skill and care and in accordance with all applicable laws and regulations. You agree that you are directly responsible to the Learner Driver for your own acts and omissions in relation to the Lessons.
• You shall treat all personal data and other information relating to a Learner Driver as confidential and keep all such information secure, and not share such information with any third party, or use such information for any purpose except to provide Lessons to the Learner Driver.
• You shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard personal data from unauthorized access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection. You are a controller of the personal data of the Learner Driver and shall therefore apply with all applicable laws relating to the processing of personal data for a Learner Driver.
• We are entitled to reproduce and use your name and associated logos on the platform for any publicity or marketing campaigns for the promotion of the app.
• You shall provide such additional information as is required on the Platform, including details of the Fee for each Lesson in accordance with the prompts and within your profile. All such information must be accurate and up-to-date at all times.
• to keep all personal data received through any booking strictly confidential, and not share such info with any third part in breach of any data regulations.
• you are responsible for the provision of lessons
• to provide advance cancellation notification directly to the student, in case you are unable to keep a booking
• to register on Stripe,www.stripe.com, the payment gateway to process and handle card payments
• you are not employed by us and you are directly responsible for all taxes, Insurance and other legal requirements in your capacity as a self-employed driving Instructor.
• We shall not be liable to you in contract, tort, negligence or otherwise for any direct or indirect losses you may suffer as a result of using the Platform.

At our request, you shall provide evidence of your compliance with any of the above Conditions.

2.2) You further agree and warrant that the data you upload as part of registration process on Mozmi

• is true and accurate
• does not bbreach the provisions of any law, statute or regulation including any data protection laws and/or regulations;
• does not infringe any Copy Rights, Trade Marks or Intellectual Property rights of any 3rd party

We do not monitor or review your profile. However, we may remove any content at any time and without notice to you if we reasonably believe that such content infringes any of the above provisions or conditions.

3.0 Stripe Registration

In order to process card payments through the platform, we have integrated Stripe payment gateway

After completing your profile on Mozmi, you will additionally be prompted to complete your registration on Stripe.

As part of the Stripe registration and verification process, various details and documents will need to be provided to stripe directly.

Your Business registration on Mozmi is not complete until you have successfully registered with Stripe. Both payments and your profile visibility on Mozmi are dependent on your Stripe account

4.0 Payments and Cancellations

• Learner Drivers shall pay the Fees due at the end of each lesson directly to you. Payment can be made in cash or through our payment service provider, Stripe.
• Stripe will charge you a small processing fee for all card payments. Please refer to www.stripe.com for the rates and fees
• If for any reason you are unable to provide the Lesson, you must notify the student directly at least 24 hours in advance.

5.0 Definitions

In these Driving Instructor Terms, the following words have the following meanings:

• Platform: the Mozmi mobile applications and associated website including www.mozmi.co.uk; and
• Platform Content: all materials and content on the Platform, including all information, data, text, images, recordings and software excluding any content posted by a Driving Instructor and/or a Learner Driver.
• Commission: the percentage of the Fee ;
• Driving Instructor, you: an organisation or individual who has registered on Mozmi as a Driving Instructor;
• Fee: the fees due from a Learner Driver for a Lesson or a block of Lessons;
• Learner Driver: an individual who registers as a Learner Driver on Mozmi;
• Lesson: a driving lesson booked through the Platform;

2.2 In these Driving Instructor Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
2.3 Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.

6.0 CopyRight and Restrictions

All of the content available on or through Mozmi, including without limitation, text, photographs, graphics, logos, trade/service marks, but expressly excluding Customer Data, text and pictures, is owned and/or controlled by Mozmi, as applicable, by copyright, trademark, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that Mozmi and any underlying technology or software used in connection with Mozmi contain our proprietary information.

You will not, nor will you attempt to (or allow anyone else to or attempt to):

• All unlawful usage of the Platform or unauthorised access to the Platform or any of its servers, networks or computer systems is strictly prohibited.
• Any illegal downloading, copying, reproduction, publishing, distribution, storage, transmission, commercial exploitation, in any form whatsoever is strictly prohibited. The copyright of Mozmi content is owned by Badar Zaman. All rights are strictly reserved.
• copy, modify, create a derivative work of, reverse engineer, decipher, disassemble, decompile or otherwise attempt to extract the source code of Mozmi App or any part thereof;
• attempt to disable or circumvent any security or verification mechanism used by Mozmi;
• use Mozmi in any manner, or otherwise engage in any activity, that could damage, disable, overburden or impair our servers or networks, or interfere with or disrupt Project Hub or any other users' use or enjoyment of Project Hub.
• attempt to gain unauthorized access to any of Mozmi app, member accounts, or computer systems or networks, through hacking, password mining or any other means.
• remove any notices of copyright, trademark or other proprietary rights contained in/on or accessible through Mozmi app or in any content or other material obtained via Mozmi app;
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

7.0 Monitoring of Content

You understand that Mozmi may access and disclose Customer Data or otherwise provide third parties access to it for the following reasons:

• to send an email message to you upon your request;
• for maintenance and to develop new and useful features;
• to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
• to enforce these Terms;
• to respond to claims that any Customer Data or Content violates third party rights;
• to respond to your requests for customer service; and
• to protect the rights, property, or personal safety of Mozmi users

8.0 Limitations on Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR USE OF MOZMI APP. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF MOZMI, OR OTHERWISE IN CONNECTION WITH MOZMI. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES. MOZMI LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO THE FEES YOU PAID MOZMI IN THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE.

9.0 Choice of Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the United Kingdom without giving effect to principles of conflict of laws, and the parties consent to the jurisdiction of the courts of the United Kingdom. Each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.

10.0 General Legal Terms

These Terms, together with our Privacy Policy and Cookie Policy(amended from time to time), constitute the whole legal agreement between you and Mozmi app.

Mozmi app shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

We will use all reasonable measures to ensure availability of the platform at all times. However, on occasions, the availability may be interrupted due to scheduled maintenance, technical issues, upgrades and updates, or any other failure outside of our direct control such as network issues or availability of the internet. We cannot be held responsible for any such failure. Where possible, we will notify in advance of any planned upgrades or outages.

11.0 Termination

To cancel your subscription, account, and access to Mozmi, send us an email at team@mozmi.co.uk If you paid for your subscription, Mozmi is not obligated to provide any refunds if you cancel your subscription or if Mozmi terminates your subscription because you breached these Terms. If your subscription is cancelled or terminated in accordance with the foregoing before the end of the current paid-up month, your cancellation will take effect immediately and you will not be charged again. All of your Customer Data and Content will, within a reasonable amount of time to be determined solely by Mozmi, be deleted from platform upon cancellation. You agree that Mozmi, in its sole discretion and for any or no reason, may terminate or suspend your account if it suspects any fraud, misusage of the platform, or we receive complaints regarding the quality of lessons being delivered You agree that any termination of your access to the Service may be without prior notice, and you agree that Mozmi will not be liable to you or any third party for such termination. If you paid for your subscription, and Mozmi did not terminate or suspend your account due to your breach of these Terms, Mozmi will provide a pro-rata refund of unused subscription fees if it terminates or suspends your account in accordance with this paragraph.

12.0 Disclaimer

You agree that we cannot be held responsible or liable for any errors or omissions in any content posted on Mozmi. We accept no obligation to verify or review any such content. In addition, (a) we do not warrant any Students who books lessons using Mozmi (b) any payments made between you and the student are between yourselves (c) We cannot be held liable for the actions of any Students