CUSTOMER TERMS OF SERVICE
1 General Provisions
- Please take the time to read and understand these Terms of Service very carefully before you agree to them. Your acceptance of these terms signifies your understanding and agreement, making them legally binding in our relationship. If you have any comments, questions, or concerns regarding the terms, we encourage you to notify us before giving your agreement. Your feedback is important to us.
- UBCAB reserves the right to modify the Terms of Service at any time and independently, with any additional changes becoming valid upon their publication on our official website at www.ubcab.mn and within the application itself.
- UBCAB operates as an information technology company that provides intermediary services connecting customers and product and service providers through its software platform.
- These Terms apply exclusively to the services performed using the UBCAB application and do not cover any agreements made directly between customers and drivers outside the scope of the application.
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By accepting these Terms, it is acknowledged that each service received from a service provider establishes a contractual agreement, which includes:
- A transportation or rental service agreement between customers and drivers.
- A call/intermediation service agreement between UBCAB customers and the services
2 Definitions
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The following terms used in these Terms of Service are defined as follows:
- “Application” refers to the UBCAB application available on mobile devices and third-party mini-apps.
- “Customer” or “Client” refers to the end customer, individuals and/or legal entities who download and use the application on their device.
- “Payment” refers to the fee paid by the customer to the driver and UBCAB’s commission, tax and intermediation fee calculated based on the application’s tariffs. The application’s tariffs are calculated by UBCAB in respect to the service type.
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“UBCAB” refers to:
- “UBCAB LLC”, the owner of the application;
- “UBCAB Brigade Cooperative”, providing standard taxi services;
- “UBCAB Express” LLC, providing express delivery services;
- “UBCAB Pay” LLC, providing payment services;
- “UBCAB Holding” LLC, providing management services; and
- “UBICALL MN” LLC, providing customer service.
- “Rules and Regulations” refers to these Terms of Service and other UBCAB rules and conditions in their entirety.
- “Service Provider” refers to individuals providing their products or services through UBCAB.
- Drivers with private vehicles.
- Merchants.
- “Personal Information” includes identifiable information such as your name, ethnicity, skin colour, phone number, banking and bank card information, interests, email address, photos, registration numbers, biometric data, date of birth, marital status, religion, health information, vehicle details, insurance information, and other data.
- “Platform” refers to the UBCAB application, its source code, other codes, stored digital and other information, and software.
- “UBCAB Service” refers to the intermediary service connecting customers and service providers.
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“Service” refers to various types of services provided by service providers, including:
- Standard taxi services.
- Passenger transport services by private vehicle owners.
- Car rental services.
- Express delivery services.
- Call driver services
3. Age Restrictions
- Customers aged 16 and older are permitted to independently use UBCAB services, while customers aged 12 and older may use a parent or guardian's device with their explicit permission.
- If a customer permits someone aged 12 to 16 to use their device, that device user will be solely responsible for any associated risks.
4. Customer Rights and Obligations
- Customers shall have the right to request services for products 24/7 via the application.
- Customers may order services according to the number of passengers and service specifics, and demand the ordered service from the driver.
- Customers shall have the right to request services and submit complaints to drivers.
- Customers shall have the right to make the driver wait without exceeding the waiting time.
- Customers shall have the right to give “Tips” to drivers.
- Each customer shall use one account per device.
- Customers are solely responsible for the security of their account and any consequences arisen from transferring their device to others.
- Customers must comply with the laws and regulations of Mongolia, these terms, and ethical standards while using services.
- Customers are prohibited from intentionally causing loss and damage to the software, introducing malicious codes such as virus and Trojan or invading data.
- Customers are prohibited from making false requests or repeatedly cancelling calls.
- UBCAB may use customers' personal information in accordance with the law and with customers' consent when necessary.
- Goods and service providers may request documentation or permissions from customers when necessary.
- Customers will fully pay for the goods and services received through the system.
- When using the service, customers must account for the number of passengers before placing a call. In the event that the number of passengers exceeds the permitted limit, the driver may refuse service.
- Establishing personal relationships unrelated to service with drivers is prohibited.
- In the event of damage to the life, health, or property of the driver or other third parties, or in cases of damage, destruction, or contamination of goods, compensation for the damages will be the responsibility of the Customer.
5. UBCAB Rights and Obligations
- UBCAB shall strive to ensure that its registered drivers comply with service standards and requirements.
- UBCAB shall strive to provide training for drivers to educate them on communications, attitudes and service conditions.
- UBCAB shall develop a system that connects customers with the nearest drivers.
- UBCAB shall accept and resolve disputes without criminal or regulatory implications.
- UBCAB has the right to remove customers who commit serious violations as specified in the Customer and Driver Infractions procedure.
- UBCAB can include any third-party advertisements with contents in compliance with the law of Mongolia on Advertisement during customer rides.
- UBCAB is not responsible for relationships arising from third-party networks like the internet or banking systems.
- UBCAB bears no responsibility for disputes between customers and drivers (or other third parties) related to their agreements.
- Drivers or third parties are solely responsible for any legal violations and damages caused to others.
6. Payment
- UBCAB sets the prices for its services, which are publicly published on our official website at www.ubcab.mn and through the UBCAB application. Prices encompass various fees from goods and service providers (such as call rates, distance fees, peak charges, tips, duration fees) alongside UBCAB's commission and applicable taxes.
- Customers are required to pay the calculated payment in full and retain the right to refuse any additional charges that are not previously disclosed.
- Payments can be conveniently made in cash, electronically, or by using gift cards.
- Customers have the option to provide a “BID” to the driver prior to receiving services, which will be added to the overall service fee.
- Peak charges may be applied based on traffic congestions, and such charges will be communicated through the application in advance.
- After payment has been completed, an electronic receipt will be issued by the driver to the customer’s email address (automatically if the customer is registered in the E-barimt /Electronic receipt/ system).
- UBCAB is not responsible for instances where electronic receipts are not issued due to customers failing to register with the application or configure their email addresses properly. If the customer does not select to receive a corporate receipt, a personal receipt with a lottery number will be generated automatically.
7. Making and Canceling Calls
- Customers must carefully consider the specifics of the service they are requesting, including the number of passengers, tariffs, and payment terms, before making a call.
- Customers are allowed to cancel the call at any point until a driver has been found after selecting a call option.
- If a driver arrives after accepting a call and the customer subsequently cancels, the customer will be responsible for paying a cancellation fee and the cancellation fee will be determined by UBCAB for each instance.
- Should a customer believe that the cancellation fee is unjustified, they have the right to submit a request through the application to UBCAB, which can cancel the fee if it is found to be unjustified upon review.
- Customers and drivers may communicate via in-app calls for mutual information exchange; however, the details of these calls will not be stored by UBCAB for privacy reasons.
8 Driver Evaluation and Complaints
- Customers will have the opportunity to rate the service provided by the driver on a scale of 1 to 5 based on various service standards and the driver’s communication attitude.
- UBCAB will retain the information related to each rating given by the customer, calculate the average rating for the driver, and use this data to continuously improve service quality across the platform.
- If a customer believes that the driver's communication attitude or vehicle standards do not meet expectations, they can activate a setting to avoid being matched with that driver in future rides.
- Customers can submit complaints regarding driver service quality through the customer service hotline or the designated complaint submission channel available in the application, and UBCAB will strive to resolve complaints fairly based on the statements provided by both parties involved.
- Complaints that pertain to crimes or legal violations should be submitted by the customer to the relevant legal or judicial authorities for appropriate resolution.
- In the event that a customer leaves personal items in a vehicle, they have the right to file a complaint with UBCAB within one working day, and both the driver and the customer involved in the trip will actively participate in resolving this matter.
9. Customer Information Privacy
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UBCAB will collect the following information from customers:
- Phone Number: Customers will log in with their phone number to create an account. This phone number must be registered when using application and is not regarded as personal data since it cannot directly or indirectly identify an individual.
- Facebook: Customers may connect their Facebook accounts to facilitate easier re-login to the application. This information is covered under personal data protection laws as electronic identifiers or personal information.
- Email: Customers can link their email addresses for easy re-login and to receive payment receipts. This information is also subject to personal data protection laws as electronic identifiers or personal information.
- Location: UBCAB collects the customer's location data when they request a ride in order to connect them with the nearest driver. The trip details are subsequently displayed within the app for customer convenience. This information is regarded as personal data.
- Home and Work Address: Customers have the option to input their home and work addresses into the app voluntarily upon downloading it. These addresses will not be stored in the system but can be utilized by the customer for quick access in future requests. While this information is personal, it is solely used at the customer’s discretion in the system.
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UBCAB collects the above mentioned information for the following purposes:
- Phone Number: Used for drivers to contact customers for confirming pickup addresses and for communication purposes.
- Email: Used to send electronic receipts to customers, ensuring transparency in transactions.
- Location: Necessary for customers to request a taxi and for connecting them with the nearest available driver. Customers can also view their trip details and track taxi service costs via the app.
- Home and Work Address: If customers choose to enter these addresses while making a call, drivers will use them to pick up and drop off customers efficiently.
- UBCAB will implement and comply with the “Information Security Management System - ISO 27001: 2013” standard in its operations to safeguard customer information and maintain data integrity.
- As the data controller, UBCAB commits to not using customers' personal data for purposes other than those for which it was originally collected, ensuring robust protection and safe storage, and refraining from disclosing it to third parties.
- Customer information will not be disclosed to third parties unless required by competent governmental authorities in accordance with applicable laws.
- By accepting these terms of service, customers grant permission for their information to be used as outlined herein.
- Customers have the right to download or delete their stored information at any time, submitting their request through the app’s request section. Requests can also be made in person at UBCAB’s main office or through a notarized representative.
10. Notifications
- UBCAB will provide customers with information related to products and services via the app and email.
- This information and commitments will be valid for 48 hours from the time it is sent.
- Customers can submit their complaints via the app’s chat, call section, or by calling 77807780.
- Communication between customers and drivers will occur through registered phone numbers, in-app calls, or chat. Call recordings made via phone numbers or within the application will not be stored by UBCAB.
11. Responsibility
- Any party violating these terms of service and other legal regulations will independently bear the legal responsibilities prescribed by law.
- Disputes related to these terms of service will be resolved in accordance with Mongolian legislation.
Appendix 1: Additional Terms for Personal Passenger Transport Services
- Customers will make their choices based on their needs when receiving services and more passengers than the number of seats in the vehicle are not permitted.
- Delivery services are not provided for passenger transport.
- Drivers will not provide any additional services beyond transporting passengers.
- Customers are prohibited from consuming alcohol or tobacco in the vehicle.
- If a customer selects the "quiet ride" option, they have the right to request the driver to maintain silence.
- Customers who are excessively intoxicated will be served with an accompanying person. If the customer damages or soils the driver's vehicle, they must compensate the driver for the damages.
- The owner and possessor of the delivered item will be the Customer, and the recipient must be an authorized person to receive the goods. The driver will consider the ordered goods to meet the above requirements.
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The driver will accept cargo not exceeding the following dimensions and weight:
- Small Cargo:
- Maximum dimensions: 43cm x 43cm x 43cm
- Maximum weight: 10kg
- Medium Cargo:
- Maximum dimensions: 50cm x 50cm x 100cm
- Maximum weight: 50kg
- Small Cargo:
- The driver has the right to refuse to accept items that contain or are suspected of containing the following: Customers will bear the risk associated with transporting prohibited items.
- Fragile items without protective packaging (e.g., flowers, cakes)
- Perishable food items
- Explosive substances
- Cash, unregistered documents issued by the state, unsealed bank cards
- Items containing intoxicants or narcotics, unregistered and prohibited drugs
- Animals
- Human body parts or organs
- Weapons or weapon-like items
- Items promoting immoral behaviour
- If the driver suspects that the item is among the prohibited items, they have the right to open and inspect the package without prior notice to the customer.
- If the delivery is delayed due to unclear recipient information, the customer will bear the risk.
- If the recipient is unreachable or does not answer their phone, the delivery will shift to a waiting mode.
- Customers may pay an additional fee for insurance to transport the cargo with coverage. Compensation procedures for insurance claims will be regulated by law and the insurance provider's contract terms.
- The vehicle rental service may include options with or without a driver, and with a loader.
- If necessary, during the rental agreement for a vehicle without a driver, the customer will place a deposit amount in the account of UBCAB LLC.
- UBCAB has the right to claim compensation from the driver on behalf of the customer for damages caused to the rented vehicle.
- The lessor must conduct a vehicle handover act with the driver present.
- If the customer damages or modifies the vehicle during the rental period from the time of receipt until handover, they will be liable for damages from the deposit. If the deposit does not cover the damages, the customer may be liable to pay the remaining costs on behalf of the driver.
- The customer must possess a valid driver’s license for the category of the rented vehicle.
- The customer is obligated to strictly adhere to traffic rules and participate in safe driving.
- UBCAB will connect customers with drivers who have established insurance agreements that meet the characteristics of their call driver services.
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Drivers must have the following types of insurance:
- Liability for damages to the customer's vehicle up to 4,000,000 MNT
- Liability for damages to third-party vehicles up to 4,000,000 MNT
- Liability for injuries to the customer’s health up to 2,000,000 MNT
- Drivers have the right to refuse service to excessively intoxicated customers.
Version 2.0
Date: 2024.05.01