Terms and conditions of use of the M-Estacionamento services

1. Concepts and definitions

i) App store / Play Store – Internet location where the person wishing to join the M-Estacionamento Services and use it, can download the "M-Estacionamento" application, supported on IOS and Android operating systems.
ii) User – Any natural or legal person who adheres to these Terms and Conditions and subscribes to the M-Estacionamento services.
iii) User Account – Virtual space that allows the User to interact with M-Estacionamento, namely for the purposes of payment of parking fees, parking consultation, submission and monitoring of requests and history.
iv) Data – Those made available by the User to M-Estacionamento during and/or after User Registration or Payment process and include Access Data and Personal Data.
v) Access Data – Data that allow access to the User's Account.
vi) Payment for Parking – This constitutes the User's action of making the payment, by filling in certain fields of the application that allows payment for rotating parking in the City of Maputo, pursuant to the municipal regulations in force and other applicable legislation.
vii) User Registration - Materializes the conclusion of a contract between the User and M-Estacionamento in accordance with these Terms and Conditions of Use.
viii) Third Party(ies) - Natural or legal person(s) other than the User.
1.1) “Agreement” means these Terms and Conditions of Use.
1.2) “Debit” means the movement of withdrawal of funds from your account.
1.3) “Electronic Money (E-Money)” means electronic money.
1.4) “Mobile Equipment” means your mobile phone or other equipment which, when used together, allows access to the M-Estacionamento services and, in each case, is approved for use in Mozambican territory by a competent authority.
1.5) “Registration Information” means your registration information;
1.6) “Transfer Instructions” means instructions given for the transfer of electronic money.
1.7) “M-Estacionamento Website” refers to the website www.m-estacionamento.co.mz
1.8) “Network Service Provider” means the mobile phone service provider.
1.9) “Network” means the Global System of Mobile Telecommunications System "GSM" operated by your mobile phone company, covering areas of Mozambican territory stipulated by us from time to time.
1.10) “M-Estacionamento Services” means the services provided by EMME E.P. of payment for rotative parking through electronic money, including the recording of all transactions, their verification, confirmation and updating of records.
1.11) “M-Estacionamento System” means the system operated by EMME E.P. and Revtec Moçambique SA.
1.12) “SMS” a short message service consisting of a text message that is transmitted from one mobile phone to another.
1.13) “Tariffs” means the amounts to be paid for the Rotating Parking in Maputo City, stipulated according to the municipal policy.
1.14) “Mobile Phone” means your mobile phone device.
1.15) “Transactions” means any transaction that results in the debit of electronic money from your account, as verified by M-Estacionamento.

2. M-Estacionamento Services

a) The M-Estacionamento Services is a provision of services, associated with a computer application.
b) The M-Estacionamento Services is provided by EMME E.P. to users, allowing them to conveniently carry out paid rotating parking on public roads and pay parking fees in advance, using electronic means.
2.1 Users accept that we may disclose or receive personal information or documents about themselves under the following circumstances: a) From and to local or international law enforcement agencies or any regulatory or governmental agencies competent to assist in the prevention, detection or prosecution of criminal activities or fraud;
b) From and to companies, linked to services such as marketing and research with related purposes;
c) To facilitate our ability to carry out any activity in the context of a legal, governmental or regulatory requirement;
d) To our lawyers or auditors or to the Court in connection with any legal action or audit proceeding (although any such proceedings may be of a public nature).

3. Procedures and conditions for membership

a) The User to use the M-Estacionamento Service must download the application from the App Store or Play Store to their mobile device must proceed to User Registration accepting its conditions and terms of use, namely Application, USSD and Web.
b) M-Estacionamento may change these Terms and Conditions, however, whenever these changes are significant, they will be communicated on M- Estacionamento 's website.

4. M-Estacionamento User Account

a) With the User Registration in the M-Estacionamento Services and with the availability of the data required for this purpose, the User creates its M-Estacionamento User Account.
b) After User Registration, the User will have a User Account and its access is made by entering the following registration data: (i) mobile phone number; and (ii) access password.
c) Access Data must be strictly confidential and under no circumstances must they be provided to a Third Party.
d) The Users must notify M-Estacionamento about any situation of abusive use or other form of unauthorized use of their User Account.
e) The User Account includes, namely:
(i) User Registration information;
(ii) information about the M-Estacionamento Services;
(iii) parking history;
(iv) receipts and invoices issued under the M-Estacionamento Services.

5. Conditions for using the M-Estacionamento services

You are deemed to have accepted these Terms and Conditions of Use, as well as any changes that may have been introduced from time to time.
a) The rules for using the M-Estacionamento Services are summarized in these Terms and Conditions.
b) In order to provide a better service to the User, M-Estacionamento uses location services.
c) The operating hours of the M-Estacionamento Services and the time present in the App are synchronized with the M-Estacionamento server and are based on the time zone of Mozambique.
d) The User can make payments resulting from the use of M-Estacionamento through M-Pesa, E-Mola, M-Kesh or Debit/Credit cards and other means available in the system.
e) The invoice/receipt is always issued after successful payment, companies or institutions can obtain the invoice by registering their data in the “Register” option.
f) The User is always bound to comply with the rules applicable to parking provided for in the Municipal Posture and other applicable legislation.
g) The price of parking is shown in the respective tariffs in accordance with the applicable legislation.
h) The User must always observe all the rules for using the M-Estacionamento Services, using it with prudence and in a responsible and careful manner.
i) The User may not use M-Estacionamento for purposes that are not permitted, illegal or offensive to public order or good customs, namely, that directly or indirectly harms M-Estacionamento and/or its employees.
j) The User may not use M-Estacionamento by submitting data or information that is not true, accurate or out of date.

6. Responsibility

a) The User is solely and exclusively responsible for the use made of the M-Estacionamento Services, being, in particular, solely responsible
(i) for parking payment operations
(ii) for any damage caused to the M-Estacionamento Service.
b) The User is also solely and exclusively responsible for ensuring the security of the equipment used to access the M-Estacionamento Services, as well as for guaranteeing the confidentiality of the User Account access data.
c) The User remains bound by the Data provided during and/or after User Registration and is fully responsible for its veracity, accuracy, currency and authenticity.
d) M-Estacionamento is not responsible for:
i) Delays, interruptions, errors, interference, suspension, loss, non-reception, incomplete or partial reception of electronic communications;
ii) Anomalies, failures and malfunctions in the functioning of M-Estacionamento or of the electronic, computer, server, network or telecommunications system that directly or indirectly support the M-Estacionamento Service;
iii) Doubling of Parking Payment for reasons unrelated to M-Estacionamento;
iv) Illegal or illegitimate actions by Third Parties that directly or indirectly impair the functioning of M-Estacionamento or the electronic, computer, server, network or telecommunications system that directly or indirectly support the M-Estacionamento Services;
v) Access and use of User Account by unauthorized Third Parties;
vi) Force majeure situations outside M-Estacionamento.

7. Privacy policy and data handling

a) The processing of data by M-Estacionamento, as well as the exercise of the User's rights in relation to their Personal Data, is carried out in accordance with the applicable legislation, namely the legal regime for the protection of personal data in force.
b) Revtec Mozambique SA /EMME E.P. may resort to Third Party(ies) for the purpose of collecting and/or processing the User's Personal Data, these Third Party(ies) remaining absolutely bound by equal obligations of secrecy and respect the legal regime for the protection of personal data in force.

8. RATES

8.1 The Rotating Parking fees are paid to EMME E.P. for each transaction carried out.
8.2 Rates apply in the rotating parking zones according to Municipal Posture.
8.3 Fees are exempt from Value Added Tax.

9. YOUR RESPONSIBILITIES

9.1 You are responsible for all charges applicable to the fees of any transaction made using the Mobile Equipment, whether the transactions were made by you or another person, with or without your authorization or knowledge.
9.2 The beginning and ending of transactions through the M-Estacionamento platform are considered carried out by you and under your entire responsibility, thus clearing M-Estacionamento from any errors, failures, etc. that may occur in the course of these transactions.

10. VARIATIONS

10.1 We reserve the right to change these Terms and Conditions of Use at any time in accordance with current law. Variations will be notified to you in the form of advertising in a daily newspaper, by SMS, or via our Website and or by using any other appropriate means provided it is deemed to have been notified of any variations.
10.2 By continuing to use the M-Estacionamento Services, you will be deemed to have agreed to the variations provided for in Clause Above.
10.3 If you do not accept them, you should not continue to use the services.

11. CONTRACT

11.1 This Agreement (as may be amended from time to time) forms a legally binding agreement for you and your personal successors and assigns.
11.2 This Agreement may not be assigned to any other person.
11.3 No failure or delay by us in exercise or remedy shall serve as a waiver, and no single or partial exercise of any right or remedy shall preclude future exercise or exercise of any other right or remedy.
11.4 The rights and remedies provided for in this instrument are cumulative and not exclusive of other rights and remedies provided for by law.
11.5 If any provision of these Terms of Use is held by any duly appointed arbitrator, court or administrative body to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions and all provisions thus unaffected by such nullity or unenforceability will remain in full force and effect.

12. EQUIPMENT FAULT OR MALFUNCTION

We are not responsible for any loss resulting from the malfunction, malfunction or delay of any mobile network, Internet or terminals or any of their shared support networks.

13. NOTICES

13.1 We have the right to send information via SMS to the mobile number associated with your transaction. These SMS's may be informative and commercial and do not require a response from you.
13.2 You can send us any correspondence related to M-Estacionamento services to our email info@m-estacionamento.co.mz

14.GENERAL

14.1 You agree that your information, including personal information, your conversations with our Customer Care Center and Transactions will be recorded and stored.
14.2 All copyrights, trademarks and other intellectual property rights used as part of the M-Estacionamento Services or contained in our documents belong to Revtec Moçambique SA. You agree that you will not acquire any rights over them.

15. JURISDICTION AND ARBITRATION

15.1 This Agreement is governed by Mozambican law.
15.2 Any dispute arising out of or in connection with this Agreement must first be resolved through an amicable solution, the failure of which shall be finally resolved in accordance with the provisions of the Mozambican arbitration laws and the Maputo Conciliation and Mediation Center (CACM). Each party shall appoint an arbitrator and the two arbitrators so appointed shall jointly appoint an arbitrator, within 60 days of notification of the dispute. Such arbitration will be held in Maputo in accordance with the arbitration rules, which may change from time to time.
15.3 To the extent permitted by law, the arbitrator's decision shall be final, conclusive and binding on the parties hereto.
15.4 Nothing contained herein precludes either party to this Agreement from approaching any competent court for an emergency remedial action.

16. COMPLAINTS

16.1 For the management of their complaints, the Customer has several channels for this purpose, and for this purpose, they must submit a complaint through the customer line via 840943600 or info@m-estacionamento.co.mz.