As a “User” of this MannaEV application, you hereby agree and conform to the following Terms of Use:

Definitions

1.1 “MannaEV” means MannaEV Delivery, an online booking platform for private delivery services operated by Manna EV Ltd. (the “Corporation”), with a registered office at Valley Road, Birkirkara, BKR 9021, Malta. The Corporation is the authorized operator of the MannaEV User’s application or program (the “Software”) in Malta and is engaged in the business of providing the Services to Users in Malta.

1.2 “User” means any natural or juridical person who installs a copy of the Software on a mobile device and submits an Order through the Software for Private Carrier to be performed in Malta.

1.3 “Order” has the meaning given to it in Clause 2.3 below.

1.4 “Private Carrier Services” means the services provided by a Participating rider for the account of a User, which includes the pickup, transportation and delivery of the User’s Shipment from and to stated locations in Malta using a booked vehicle, as well as any add-on services, pursuant to an Order.

1.5 “Participating rider” means a licensed rider, not registered as a common carrier or otherwise engaged in business as such, who has been accredited with MannaEV as part of a pool of riders who may be willing, at his/her sole discretion, to provide Private Carrier Services to a User.

1.6 “Shipment” means all packages, parcels, delivery items or any part of the articles therein or contents thereof that travel under one Order.

1.7 “Contract” refers to the special contract of private carriage as contemplated under Malta law which is automatically entered into between the Participating rider and the User upon the acceptance by the Participating rider of the User’s Order through the Software. The Contract covers the provision of Private Carrier Services and the fulfillment by the Participating rider of the terms of the Order, subject to the terms and conditions expressly provided as Annex “A”.

1.8 “Services” means the services set out in Clause 2.4 below which are all performed by MannaEV electronically through the Software.

1.9 “User Wallet” refers to the deposit of money made by the User with MannaEV, from which deposit the fees and charges due for an Order may be deducted.

1.10 “Rider Wallet” pertains to an intermediary account for storing the Participating rider’s earned amounts for rendering Private Carrier Services.

Use of the Software; MannaEV Services

2.1 User is permitted to install a copy of the Software on User’s mobile device for use in Malta provided that User shall not use the Software or the Services for any commercial purposes. Other than the license to use the Software as herein provided, no other license or right is granted to the Use and ownership of the Software and all other rights are hereby expressly reserved by MannaEV. User shall not:

(a) rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;

(b) modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;

(c) interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;

(d) upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;

(e) install and/or execute the Software on any device other than the mobile device running the operating systems approved by MannaEV.

2.2 The Software is delivered to Users on an “as is” basis and although MannaEV has used its best endeavors to make the Software work properly on mobile devices, MannaEV does not warrant the performance of the Software nor the compatibility of the Software with Users’ mobile devices.

2.3 User may use the Software to submit a proposal to engage Private Carrier Services for compensation to be determined in accordance with the prevailing “Rates” on the Software (an “Order”) and under terms and conditions provided in Annex “A”.

2.4 MannaEV provides Services to facilitate the perfection and performance of the Contract between the User and the Participating rider, as follows:

(a) the computation and determination of the fees and charges for the fulfillment of an Order;

(b) the publication of the details of an Order to eligible Participating riders for their acceptance; Provided, that MannaEV reserves the right to implement the On-Demand Mode Scheme (as defined in Clause 2.6 below);

(c) upon the acceptance by a Participating rider of an Order, the transmission to the User of the details of the Participating rider who has accepted the Order; subject to the implementation of the On-Demand Mode Scheme (as defined in Clause 2.6 below);

(d) where the option for payment using the User Wallet is selected by the User, the confirmation of receipt of the payment of the fees and charges, for and on behalf of the Participating rider, which sum shall be deducted by MannaEV from the User Wallet of the User for the account of the Participating rider.

2.5 The Orders submitted through the Software are completely and independently fulfilled by the Participating rider pursuant to the Contract with the User. MannaEV is not a party to the Contract.

2.6 MannaEV reserves the right to implement, suspend, modify or amend the On-Demand Mode Scheme in the application at any time that the Participating rider is using the MannaEV application. The On-Demand Mode Scheme shall be defined as follows: 

(i) the Participating rider will obtain a delivery offer through a pop-up screen with the order information, and the notification appears with the sound on; 

(ii) even if the MannaEV application is closed, such notifications will only appear for the Participating riders that enabled the “I’m online” mode; 

(iii) the pop-up will display the approximate time from the Participating rider’s position to the first point, all the addresses, payment,buyout (if applicable), weight, and the content of the parcel. It is impossible to open up the pop-up to see more information; 

(v) after the pop-up, the Participating rider has time to decide if he/she wants to pick up that order, which time may be limited to 60 seconds. The pop-up will automatically close after this timeframe passes. Orders do not start without explicit consent of the Participating rider; 

(vi) the Participating rider can either pick the order or refuse to do so. If the Participating rider agrees to pick up the order, it is started with the Participating rider assigned and can be seen in the application on the “Active” page. After this, the order is handled as usual. 

For purpose of this clause, the “I’m online” mode is defined as a switcher in the MannaEV application, in which the Participating rider should be active in the application so as to enable the system to send him/her orders. If he/she is not active, the system would not receive his/her latest coordinates and actions in the application and the system would consider him/her as inactive and disable the switcher.

2.7 During the duration of the On-Demand Mode Scheme (as defined in Clause 2.6 above), certain actions may result depending on the decisions of the Participating rider (refer to the rider agreement).

2.8 MannaEV reserves the right, but shall not be obliged, to pursue investigations and/or inquiries on the conduct and/or alleged violations by Participating riders based on User’s reports or complaints, and to impose appropriate penalties or consequences on the Participating riders, at the sole and absolute discretion of MannaEV.

2.9 The User may request a withdrawal of funds from their User Wallet by contacting MannaEV support, or through such channels as may be implemented by MannaEV from time to time. Withdrawal options include User Wallet to bank transfer, or User Wallet to another digital wallet transfer, with no predefined limit on the withdrawal amount. MannaEV shall process the withdrawal request subject to verification and security measures. The User is responsible for accurate instructions. Transaction fees imposed by third party vendors for the transfer may apply, and MannaEV is not liable for such transaction fees, and for delays, losses, or damages arising from the withdrawal process due to the policies or fault of the third party vendors. MannaEV reserves the right to modify or discontinue the withdrawal option with reasonable notice.

Determination of Fees and Charges

3.1 The User will be charged the Standard Transport Fee in accordance with the prevailing “Rates” at the time of the Participating rider’s acceptance of the Order.

3.2 Prevailing rates are indicated in the “Rates” section on the MannaEV website or in the Software.

3.3 The fees and charges for the User’s Shipment are determined in accordance with specified maximum weight, size, and quantity of the delivery item/s, the vehicles used, and add-on services availed, if any, as the case may be.

3.4 Additional charges, including but not limited to toll, parking fees and such other fees and expenses which are necessary, related or incidental to effect delivery to the recipient or return of the Shipment to the User shall be for the User’s exclusive account and are not included in the Standard Transport Fee to be charged against the User.

3.5 An adjustment of the rates as well as additional charges shall likewise apply if the weight, size, or quantity of the Shipment declared by the User are different from the actual weight, size, or quantity thereof.

3.6 In the event that the Shipment is not accepted or refused by the recipient or the recipient’s representative/s, all expenses for the return of the Shipment to the User shall be shouldered by the User.

3.7 No cancellation fees are chargeable as long as an Order is cancelled and communicated within thirty (30) minutes before the start of the Order pickup time. In the event that the cancellation was made after the Order pickup time has started, User shall be charged with the Standard Transport Fee as provided under Section 3.1.

3.8 The User shall pay the Participating riders in accordance with the agreed mode of payment selected through the Software upon submission of the Order.

3.9 For Users availing of payment using the User Wallet option, the final adjusted rates and additional charges shall be deducted from the User’s Wallet. If an Order is cancelled within thirty (30) minutes before the start of the Order pickup time, MannaEV will automatically undo the transaction for debiting of funds from the User’s Wallet.

3.10 For and in consideration for the performance of the Services, MannaEV shall be entitled to a percentage in the total fees and charges due for an Order.

User’s Obligations, Warranties and Undertakings

4.1 User warrants that he has the legal capacity to enter into and form contracts under Malta laws.

4.2 By availing of MannaEV’s Services, the User conclusively agrees that the Private Carrier Services to be provided by the Participating rider shall be subject to the terms and conditions herein provided, and those provided in Annex “A” hereof.

4.3 By availing of MannaEV’s Services, the User shall provide MannaEV complete and accurate information in submitting the Order, such as the description of the delivery items included in the Shipment, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Shipment, if any, through the Software for initial determination of applicable rates.

4.4 The User warrants that he is either the owner or the authorized agent of the owner of the Shipment, and that he is authorized to accept and is accepting these Terms and Conditions not only for himself but also as agent for and on behalf of the owner of the Shipment.

4.5 User shall be responsible for the security of his account, shall safeguard any login name and password MannaEV may provide in relation to the Software and the Services and shall not disclose them to third parties, and undertakes to immediately notify MannaEV if there is any reason to believe that the security of the account has been compromised.

4.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Shipment. User shall not propose to dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Participating rider or the delivery vehicle.

4.7 The User is liable for any loss or damage suffered by the Participating rider, MannaEV or any third party as a result of User’s violation/s of herein terms and conditions and/or the Contract with the Participating rider, including legal liabilities that may arise from the transportation or shipment of contraband goods or items the distribution of which are legally declared to be prohibited under Malta law, local government regulation, or administrative regulation..

4.8 The User agrees to hold MannaEV free and harmless from any legal liability to any third party as a result of any breach of the User’s obligations under herein terms and conditions and/or the Contract with the Participating rider.

4.9 The User undertakes to declare only the actual value of the item to the Participating rider. MannaEV may verify whether the declared value should be equivalent to the actual value. If the actual value is less than the declared value, then the User will only be entitled to such amount of payment, refunds, rebates, reimbursements, or such other modes of payment or settlement, as may be equivalent to or in accordance with the actual value. MannaEV reserves the right to withhold payment, refunds, rebates, reimbursements, or such other modes of payment or settlement, with respect to the excess of the declared value over the actual value.

4.10 The maximum allowable weight of the Shipment is 10kg for Motorbike orders, 40kg for Car orders. Likewise, the maximum dimensions of the Shipment shall be 25cm x 40cm x 40cm for Motorbike orders, 40cm x 50cm x 60cm for Car orders. An order must not exceed the total weight and the total size (whichever is applicable), else additional fee will be applied accordingly. Cancellation fees are chargeable for orders cancelled due to excesses in weight or size.

4.11 The User shall provide a proof of value, such as an official receipt or invoice, for any claim related to loss, damage, or compensation for the Shipment. MannaEV reserves the right to verify the proof of value provided by the User and may request additional documentation or evidence if necessary. Failure to provide a valid proof of value may result in the rejection of the User’s claim. Additionally, MannaEV may require the User to provide sufficient proof, such as screenshots of conversations relating to the transaction, to substantiate the occurrence of the transaction during the delivery. “Loss” as defined in this clause does not only include the value of the item subject of the Shipment, but also include the loss of cash, such as loss of cash-on-delivery remittances,which shall be duly supported by relevant evidence as determined by MannaEV.

Disclaimer

The User hereby expressly agrees and acknowledges that:

5.1 MannaEV does not provide delivery or transportation services, and except to the extent that it provides the Services as defined herein, does not perform, manage, supervise or control the Private Carrier Services which are completely, exclusively and independently performed by the Participating rider.

5.2 MannaEV is a software company and is not, and does not represent itself to be, engaged in the activities of a common or private carrier or a public utility or public service, as these terms are understood under Malta law.

5.3 MannaEV does not warrant the availability of Private Carrier Services and the availability of delivery vehicles as may be requested by a User in an Order, the accuracy of the data or information provided as part of the Services, or the quality of the Private Carrier Services and the condition of the delivery vehicles provided by the Participating riders.

5.4 MannaEV shall not be liable to User for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to their mobile devices as a result of their installation and/or execution of the Software, or their availment of the Services or the Private Carrier Services using the Software, even if MannaEV or its representative has been advised of the possibility of such loss, damage or claim from User.

5.5 MannaEV is not the agent, principal, partner or employer, or any similar or analogous relation, of Participating riders or Users.

5.6 The rights, obligations and remedies between the User and Participating rider are set forth in their Contract, which is hereby expressly acknowledged by the User as a special contract of private carriage of goods, as contemplated under the laws of Malta. MannaEV shall not be liable for any loss or damages, including any injury which a User or Participating rider may suffer as a result of the provision of the Private Carrier Services contracted by the User from a Participating rider using the Software.

Personal Data & Privacy

6.1 The User may be required to submit personal information to MannaEV in order to use certain functions of the Software and the Participating rider confirms that the personal data so provided is true, correct and up to date.

6.2 The User agrees that MannaEV is entitled to collect, use, keep, store, update and process his/her personal information to such extent, for and at such time periods, as may be necessary for MannaEV to provide the Services. Specifically, the submitted personal data may be used for or in 

(a) the publication of an Order from User for acceptance by a Participating rider, 

(b) confirmation/ clarification of the Order information between the User and the Participating rider, 

(c) tracking the booked vehicles, 

(d) determining compliance with the terms and conditions of these Terms and Conditions, 

(e) addressing User complaints against the Participating rider, 

(f) verifying the truthfulness of the submitted personal data, 

(g) compliance with legal process and investigation,

(h) and other acts or procedures which are reasonably necessary or connected with the provision of the Services. 

All other lawful criteria for processing, use and disclosure of personal information under the Data Protection Act (Chapter 586 of the Laws of Malta) are hereby incorporated in this agreement.

6.3 As part of MannaEV’s marketing initiatives, the User and Participating rider agree that MannaEV may conduct promotional activities and offer rewards to its customers, clients and/or riders on social media. In the course of such promotions, MannaEV may announce the names of the winners solely for recognition purposes. In this regard:

(i) MannaEV reserves the right to publicly disclose the names of winners in its promotional activities solely for the purpose of recognizing their achievement and showcasing the success of the promotions;

(ii) The disclosure of winners’ names shall be made on social media platforms, official websites, or any other public channels deemed appropriate by MannaEV; and

(iii) By participating in MannaEV’s promotional activities, the User and Participating rider expressly consent to the disclosure of their names in the event they become winners.

Fair Use of the Software; Rules of Usage

7.1 The User shall not utilize the Software for or to promote any illegal acts.

7.2 The User shall not use the Software to produce any email advertisements or spam emails.

7.3 The User shall not use the Software in any way to track, stalk, harass or hurt any person.

7.4 The User shall not in any way interrupt/destroy the operation of the Software or the servers/network linked with the Software, or to violate the network requirements, process, or the herein terms and conditions.

7.5 The User shall not use the Software in another person’s name or use the Software with property of others without consent of its owner.

Confidentiality and Protection of Business Interests of MannaEV and Software Users

8.1 MannaEV owns or controls all trade secrets, proprietary information, and other Confidential Information relating to MannaEV and the Software.

8.2 “Confidential information“ includes but is not limited to: the source code in respect of the mobile app, MannaEV App (the “Mobile App”), currently owned and/or operated by MannaEV in Malta; app contents of MannaEV; rider onboarding data operating procedures; non-public financial information; trade secrets (including but not limited to applicable rebate programs for corporate clients); business plans; copyrightable materials; operating procedures; financial information; non-public records, notes, reports, correspondences; supplier information; and proprietary information.

8.3. In the course of the use of the Software and/or provision by MannaEV of the Services, the User may become aware of trade secrets, proprietary information and other Confidential Information relating to MannaEV. User agrees that the disclosure of this information to any third party, and in particular to a competing business entity, would cause serious loss and damage to MannaEV’s business interests.

8.4. User agrees it shall not use any advantages derivable from such Confidential Information in its own business or affairs, and/or to the detriment or prejudice of MannaEV, its representatives, and/or the Participating riders.

Miscellaneous

9.1 Non-Circumvention. The User hereby agrees for himself or herself, their officers, directors, agents, associates and any related parties, that they will not, directly or indirectly, contact, deal with or otherwise become involved with the Participating riders, any entity or any other entities or parties introduced, directly or indirectly, by or through the other party, its officers, directors, agents or associates, for the purpose of avoiding the payment to MannaEV of profits, fees or otherwise, without the specific written approval of MannaEV.

9.2 Promotions. MannaEV reserves the exclusive right to introduce and enforce advertising and sales promotions.

9.3 Amendment. By agreeing to these Terms and Conditions, the User agrees that MannaEV may from time to time amend the terms of these Terms and Conditions by posting such amendments and additional terms and conditions on the website MannaEV.com and/or by sending push notifications on the Mobile App. The User agrees that any such amendments on the Terms and Conditions made by MannaEV shall be binding upon him.

9.4 Entire agreement. The User acknowledges that he has read these Terms and Conditions, as may be amended from time to time, understood it and agreed to be bound by its terms, and further agrees that these Terms and Conditions, together with any document referred to herein in connection herewith, constitutes the whole agreement and is the complete and exclusive statement of the Terms and Conditions between MannaEV and the User with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the MannaEV and the User relating to the subject matter of these Terms and Conditions. No representation, promise or inducement has been made by MannaEV that is not embodied in these Terms and Conditions.

9.5 Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malta.

9.6 Assignment. MannaEV reserves the right to assign any or all of its rights, duties and obligations hereunder to any third party without need of notice to or consent from the User. The User may not assign his rights and obligations under these Terms and Conditions without the prior written consent of MannaEV.

9.7 Non-waiver. Failure by MannaEV to exercise any or all of its rights hereunder, or any partial exercise thereof, shall not be construed as a waiver of such rights, and MannaEV may, at any time, exercise any or all of the rights and discretions granted to it hereunder, or by law, without having to wait for the occurrence or recurrence of another or similar event which gives rise to such rights.

9.8 Severality. If any provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

9.9 Dispute Resolution. Any consumer complaint by the User against MannaEV should be resolved primarily through amicable settlement, compromise, or other alternative mode of dispute resolution, and such efforts to resolve the consumer complaint through amicable settlement, compromise, or other alternative mode of dispute resolution shall be a condition precedent prior to filing any administrative or court action, whether such action is within the jurisdiction of the Department of Trade and Industry or the courts. Efforts to resolve the consumer complaint through amicable settlement, compromise, or other alternative mode of dispute resolution shall be commenced by filing a letter or notice with the Corporation, through the contact information disclosed in the application; thereafter, the consumer complaint process should undergo such means as may be necessary and convenient for both parties to resolve the complaint, including meetings, conferences, exchange of correspondences, mediation, or arbitration. The Corporation shall be given opportunity to offer a compromise or settlement amount to the User, and such offer shall not be deemed to be the final offer unless so expressly indicated in a written letter or notice by the Corporation to the User. A proof of receipt by the Corporation of the letter or notice from the User rejecting any final offer of compromise or settlement from the Corporation shall serve as exclusive proof or evidence of fulfillment of the condition precedent referred to in this section prior to filing any administrative or judicial action.

9.10 Non-Tarnishment. By availing of the Services, User and Corporation agree that they will refrain from tarnishing the reputation of the other in the course of resolving a consumer complaint in accordance with Section 9.9. Any public disclosure of the correspondences and meetings between the User and Corporation in accordance with Section 9.9, without the consent of the other party, shall be prima facie evidence of tarnishment and shall give rise to minimum punitive damages which shall not be less than 800 EUR.

9.11 Reservation Clause. MannaEV reserves the right to admit, maintain, retain, exclude, remove, suspend or block the User or Participating rider in or from the use of the Software, including the right to change the status of such User or Participating rider, for any reason whatsoever which MannaEV may in its discretion decide based on its business judgement. Any action under this clause shall not give rise to any claim for compensation or damages by reason of such admission, maintenance, retention, exclusion, removal, suspension or blockage, or change of status thereof.

Annex “A”

Terms and Conditions of the Special Contract of Private Carriage of Goods Between User and Participating rider

The User, by the submission of its Order using the Software and the 

acceptance of the computation provided by MannaEV of the fees and charges

for said Order; and The Participating rider, by its acceptance of the Order;

hereby agree to be bound by this special contract of private carriage of goods

(the “Contract”), subject to the terms and conditions hereinafter provided:

1. Definitions and Interpretation

1.1 Capitalized terms used in this Contract shall bear the meaning provided under the User’s Terms and Conditions, and/or the Participating rider’s Terms and Conditions.

1.2 In case of conflict between the provisions of this Contract and the User’s/ Participating rider’s Terms and Conditions, the rights, duties and obligations and remedies between the User and Participating rider shall be governed by this Contract.

2. Special Contract of Private Carriage of Goods

2.1. This Contract shall take effect between the User and the Participating rider upon the acceptance by the Participating rider of the User’s Order.

2.2 For and in consideration of the payment by the User of the fees and charges as computed through the Software, the Participating rider shall provide the Private Carrier Services for the account of the User in accordance with the terms indicated by the User in the Order.

2.3 The User shall pay the Participating riders in accordance with the agreed mode of payment selected through the Software upon submission of the Order.

2.4 No cancellation fees are chargeable as long as an Order is cancelled and communicated within thirty (30) minutes before the start of the Order pickup time. In the event that the cancellation was made after the Order pickup time has started, User shall be charged with the Standard Transport Fee.

2.5 It is expressly understood that this Contract exclusively covers the carriage of goods and does not extend to the carriage of persons. On a case-to-case basis, and subject to the sole discretion of the Participating rider, the Participating rider may allow persons to be transported as accompanying persons to the Shipment upon the request of the User. The User expressly agrees that the incidental transportation of accompanying persons may be allowed by the Participating rider as a mere accommodation and only in cases where the accompanying persons are necessary to minimize any risk of damage or loss to the Shipment. The User expressly assumes any and all liability arising from the transportation of accompanying persons by the Participating rider.

2.6 The User and the Participating rider acknowledge that any payment to the Participating rider is made exclusively for the provision of Private Carrier Services and does not cover services for carrying or transporting accompanying passengers.

3. Participating Rider’s Warranties; Duties and Obligations

3.1. The Participating rider warrants that he is a duly licensed rider in accordance with the laws of Malta.

3.2 The Participating rider undertakes to personally execute the duties and obligations of the private carrier under this Contract.

3.3 The Participating rider represents and warrants to the User that he has the special skills, appropriate delivery vehicle and sufficient property to perform the Private Carrier Services under this Contract and in accordance with the instructions of the User as indicated in the Order.

3.4 The Participating rider undertakes to faithfully comply with the Participating rider’s Code of Conduct and with the terms and conditions of this Contract.

3.5 The Participating rider shall provide any additional manpower requirements as may be indicated in the Order, and shall exercise direct supervision and control over the acts and services performed by the additional personnel provided by him.

3.6 The Participating rider shall provide due compensation to the additional personnel which he contracts to provide assistance to him in fulfilling the Order, and shall comply with all applicable laws in dealing with his assistants.

3.7 The Participating rider agrees that he may be reported by the User to MannaEV for any violation of this Contract, and after due inquiry by MannaEV, may be penalized for his violation of the terms and conditions of this Contract and that he may be off-boarded from the Software as a consequence thereof.

3.8 The Participating rider shall refuse any Shipment that is or appears to be prohibited by law, dangerous or hazardous materials or substances, and radioactive material, or which may be harmful to the Participating rider or the delivery vehicle.

3.9 The Participating rider shall exercise the diligence of a good father of the family to transmit the Shipment. He shall take reasonable precaution to prevent unauthorized persons from accessing the Shipment. He shall take reasonable precaution against loss of or damage to the Shipment while in transit.

3.10 The Participating rider shall use reasonable effort to deliver the Shipment according to the instructions of the User and the estimated time of arrival. Participating riders shall not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery thereof for whatever reasons, unless the delay is directly caused by the gross negligence or fault of the Participating rider.

3.11 The Participating rider shall not be liable for any loss or damage arising from or in connection with the User’s violations of warranties and obligations as stated in the User’s Terms and Conditions or in this Contract.

3.12 The Participating rider shall not be liable for any delay in delivery of the Shipment, loss or damage due to force majeure, or any acts or omissions of any party other than the Participating rider or his agents/assistants.

3.13 The Participating rider expressly consents to the collection, processing, storage and disclosure of personal information as may be necessary for the performance of his undertakings under this Contract. Specifically, the Participating rider also expressly consents to the collection, processing, storage and disclosure of his personal information insofar as may be necessary for consumer complaint resolutions and resolution of other legal actions, whether administrative, civil or criminal. All other lawful criteria for the processing, use and disclosure of personal information of the Participating rider under the Data Protection Act (Chapter 586 of the Laws of Malta) are hereby incorporated in this agreement.

3.14 The Participating rider hereby expressly waives any claim, right of action or cause of action against MannaEV for damages, losses, death, or physical injuries, to the Participant rider’s own person or to third persons, arising from accidents, fortuitous events, and other unforeseen events during the course of performance of the contractual obligations herein. The Participant rider acknowledges that he/she is independently operating on his/her own judgement in the course of performing his/her service, without control by MannaEV over the means and methods of his/her work. The Participant rider assumes the risks arising from such unforeseen events. The Participating rider releases MannaEV from any liability, damage or claim that may result from such losses, damages, death, or physical injuries.

4. User’s Warranties; Duties and Obligations

4.1. The User warrants that he has the legal capacity to enter into this Contract under Malta laws.

4.2 The User conclusively agrees that the Private Carrier Services to be provided by the Participating rider shall be subject to this Contract.

4.3 The User acknowledges and agrees that the Participating rider is a private carrier, and is not a public utility or a common carrier and thus, the rules pertaining to public utilities or common carriers shall have no application to this Contract.

4.4 The User warrants that he has provided complete and accurate information in submitting the Order, such as the description of the delivery items included in the Shipment, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Shipment, if any, through the Software, and agrees that the Participating rider may rely upon the information provided by the User as true and correct without conducting an independent verification of the same.

4.5 The User warrants to the Participating rider that he is either the owner or the authorized agent of the owner of the Shipment, and that he is authorized to enter into this Contract not only for himself but also as agent for and on behalf of the owner of the Shipment.

4.6 The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Shipment. User shall not dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Participating rider or the delivery vehicle.

4.7 The User bears complete responsibility to ensure that the Shipment is adequately packed to protect against damage in the course of transit. It is conclusively presumed that the delivery items in the Shipment are inadequately packed if it appears to have been removed without the case, wrapper or container, or where the seal or packaging of the delivery items in the Shipment are torn or broken.

4.8 The User agrees that Participating rider is not obliged to open and inspect the Shipment, and that Participating rider shall bear no responsibility or any legal liability resulting from the transportation of the Shipment.

4.9 The User is liable for any loss or damage suffered by the Participating rider or any third party as a result of User’s violation/s of this Contract.

4.10 The User agrees to hold the Participating rider free and harmless from any legal liability to any third party as a result of any breach of the User’s warranties, duties and obligations.

4.11 The User agrees and undertakes to indemnify the Participating rider against any and all assessments, liabilities, claims, suits, demands, damages, judgments, fees, costs, fines, penalties, interests and expenses of any nature whatsoever that the Participating rider may suffer arising out of or in connection with the transportation of accompanying persons to the Shipment upon the request of the User.

4.12 The User and Participating rider agree that loss and damages to the Shipment shall be indemnified as follows: 

(i) if the loss or damage is due to the fault or negligence of the Participating rider, the same shall be shouldered by the Participating rider in his/her personal capacity, without recourse to MannaEV; 

(ii) if the loss or damage is due to the fault or negligence of the User (e.g., faulty packaging, delivery of spoiled goods), the same shall be shouldered by the User in his/her personal capacity, without recourse to the Participating rider or to MannaEV; and 

(iii) if the loss or damage is due to fortuitous event or other causes not due to the fault or negligence of the Participating rider, the same shall be shouldered by the User in his/her personal capacity, without recourse to the Participating rider or to MannaEV. User and Participating rider agree and acknowledge that MannaEV is not a party to their private contract of carriage and, hence, is not liable for the breach of contract by the Participating rider.

However, MannaEV agrees to assume liability for the loss and damage in items (i) and (iii) of this clause, provided that there is an adequate consideration in the form of indemnity fee paid by the User at the time that he/she has availed of the services of the Participating rider; provided, further, that the User discloses to MannaEV the declared value of the Shipment at the time of delivery, as well as consent and agree to the payment of the amount of indemnity fee as may be prescribed in the MannaEV application; provided, finally, that if the User does not provide the declared value of goods and does not pay adequate consideration in the form of prescribed indemnity fee, MannaEV shall not assume the liability for the loss or damage of the Shipment.

User agrees and acknowledges that MannaEV’s assumption of liability in item (i) and (iii) is an independent contractual arrangement between User and MannaEV which is supported by a separate consideration (i.e., indemnity fee), and does not arise from the private contract of carriage between the User and Participating rider. User acknowledges that entering into such arrangement with MannaEV for the indemnification for the loss or damage of the Shipment is optional on the part of the User, and hence User acknowledges that MannaEV is not principally engaged in the business of providing indemnity, surety or guarantee. MannaEV may, by way of financial assistance, shoulder the liability of the Participating rider with or without indemnity fee, by reason of compassionate consideration for the economic and social standing of the Participating rider. 

5. Miscellaneous

5.1. Participating rider’s Limited Liability. The liability of the Participating rider to the User for loss or destruction of the Shipment shall be limited to 30 EUR only. The User shall bear the risk of loss if he avails of the Private Carrier Services for Shipments with a value exceeding this amount. MannaEV may, by way of financial assistance, shoulder the liability of the Participating rider with or without indemnity fee, by reason of compassionate consideration for the economic and social standing of the Participating rider. MannaEV may also shoulder the liability due to the User, even without indemnity, due to compassionate consideration, but in no case to exceed 30 EUR per delivery.

5.2. Entire agreement. Both parties acknowledge that they have read this Contract, understood it and agreed to be bound by its terms and further agree that this Contract, together with the terms of the relevant Order, constitutes as the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof, which supersedes all proposals, and all other communications, regardless of the form thereof, between the parties relating to the subject matter of this Contract. No representation, promise or inducement has been made by either party that is not embodied in this Contract, and neither party shall be bound by or liable for any alleged representation, promise or inducement not otherwise contained in this Contract.

5.3 Governing Law. This Contract shall be governed by and construed in accordance with the laws of Malta.

5.4 Severality. If any provision of this Contract is or becomes invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and for the invalid, illegal or unenforceable provision shall be substituted a valid, legal and enforceable provision which shall be as similar as possible in economic and business objectives as intended by the parties.

5.6 Non-disparagement and non-defamation clause. The Participating rider shall not disparage or defame MannaEV, or MannaEV’s software and mobile applications, whether through written, oral or visual communication, or take any action which could reasonably be expected to adversely affect MannaEV’s commercial reputation. The Participating rider acknowledges and understands that MannaEV may prohibit him/her from the use of any or all of MannaEV’s applications or software services as a result of a violation of this clause, including permanent blocking or suspension of access to such services, without compensation or damages for such acts.

5.7 Reservation Clause. MannaEV reserves the right to admit, maintain, retain, exclude, remove, suspend or block the User or Participating rider in or from the use of the Software, including the right to change the status of such User or Participating rider, for any reason whatsoever which MannaEV may in its discretion decide based on its business judgement. Any action under this clause shall not give rise to any claim for compensation or damages by reason of such admission, maintenance, retention, exclusion, removal, suspension or blockage, or change of status thereof.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us on support@mannaev.com