These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Redcap APP - technology which connects customers with drivers to help them get delivery and logistics services in a digital environment.

The term "us" or "we" refers to the owner of the Redcap app, LTD “Movers”, Limited liability company, founded in Georgia (Company Registration Number 432549290), whose place of business is at 51 Sairme street, Tbilisi, but also to Redcap group companies and partners (local subsidiaries, representatives, affiliates, agents etc).

In order to use Redcap app you must agree to the following terms and conditions below:

Redcap Application Usage

1.1 Redcap provides an information society service through Redcap app that enables mediation of the requests for transport/delivery services between the customers and drivers and Redcap does not provide transport/delivery services. Transport/delivery services are provided by drivers under a contract (with you) for the moving delivery items from one place to another. Drivers provide delivery services on an independent basis (either in person or via a company) as economic and professional service providers. Redcap is not responsible in any way for the fulfilment of the contract entered into between the customer (you) and the driver. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of delivery services will be resolved between the customers and drivers. Data regarding the drivers and their delivery service is available in the Redcap app.

1.2 . The customer (you) enters into a contract with the driver for the provision of transport/delivery services via the Redcap app. You can pay using Redcap App Payment, adding your card credentials temporary or constantly (saving your card information) . Payments for redcap Business delivery are handled by a separate agreement for Business services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, additional workface fee, additional fee for stairs or fees calculated by the Redcap app business logic. If you wish, you may also choose to pay a Tip to the driver directly or via the use of Redcap App Payment.

1.3 During the installation of the Redcap app, the customer's mobile number is linked to the respective Redcap user account and added to our database. If you are no longer using your mobile number, you must notify Redcap within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who when using the Redcap app then may have access to your data.

2. Promotional Codes

2.1 Redcap may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a Third Party’s service and are subject to any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.

2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your account's payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot carry over to a next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.

2.3 Redcap reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Redcap deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.

3. Redcap App Payment

3.1 You can pay for the transport/delivery services with a card or other payment methods (e.g: Redcap Business) as and when available through Redcap App. By providing Redcap App Payment service, Redcap acts as a commercial agent for the providers of the transport/delivery services. Every driver has authorized Redcap as their commercial agent for the mediation of conclusion of contracts between the driver and the customers, including the power to accept payments from the customers and to forward the payments to the driver. Your obligation to the provider of the transport/delivery service will be fulfilled when the payment order is given to transfer funds to Redcap’s bank account. You, as a customer are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.

3.2 When making payments by Redcap Payment, Redcap receives your payments and forwards money to the driver. Redcap may ask additional data from you to verify payment methods.

3.3 When making payments by Redcap Payment for transport/delivery services, Redcap is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Redcap Payment. Redcap is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider.

3.4 Redcap will be responsible for the functioning of Redcap Payment and provide support in resolving problems. The resolution of disputes related to Redcap Payment also takes place through us. For payment support service please contact: office@redcap.ge Inquiries submitted by e-mail or Redcap will receive a response within one business day.

4. Ordering and cancelling transport/delivery services

4.1 If you order a transport/delivery service and the driver has agreed to undertake the work then the transport/delivery service is considered to be ordered.

4.2 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. Redcap does not provide journeys and is not a party to your agreement with the relevant driver.

4.3 Cancelling the use of an ordered transport/delivery service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport/delivery service. When a transport/delivery service request is cancelled after a certain time period you are required to pay a cancellation fee.

4.4 If you cancel a transport/delivery service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for a longer period (e.g 6 months). After that period you could ask to reactivate your account and your application will be reviewed by Redcap.

4.5 When the driver notifies the customer about the arrival of the vehicle to its destination and customer or people for whom the transport/delivery was ordered do not arrive at the vehicle within a certain time period as specified in the Redcap app, the request will be deemed cancelled. Sometimes drivers may decide to cancel your request, please note that Redcap is not responsible for such situations.

4.6 Once the driver arrives and sends you a notification that he/she has arrived the Redcap app may begin charging fare on a waiting time basis according to the rates specified in the Redcap app.

4.7 If you have requested transport/delivery services using the Redcap app and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of 50 EUR and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate for the damage, Redcap may pursue the claims on behalf of the provider of the transport/delivery service.

5. License to use Redcap app

5.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the Redcap app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the Redcap app. In the event that your right to use the Redcap app is cancelled, the corresponding non-exclusive license will also be cancelled.

6. Liability

6.1 As the Redcap app is an information society service (a means of communication) between customers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport/delivery services. As the usage of the Redcap app for requesting transport/delivery services depends on the behavior of the drivers, Redcap does not guarantee that you will always have offers available for the provision of the transport/delivery services.

6.2 The Redcap app does not offer or broker transport/delivery services for customers. It is also not a transport agency service for finding customers for transport/delivery providers. The Redcap app is used as the means for organizing the provision of transport/delivery services.

6.3 The consumer’s right of refund is not applied to Redcap app orders. Requesting a refund from the transport/delivery service does not withdraw you from the agreement in the course of which the provision of the transport/delivery service was ordered.

6.4 The Redcap app is provided on an "as is" and “as available” basis. Redcap does not represent, warrant or guarantee that access to Redcap app will be uninterrupted or error free. In case of any faults in the software, we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.

6.5 Redcap, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Redcap app or relying on, the journey contracted for through the Redcap app, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data and any other type of loss or damage.

6.6 You agree to fully indemnify and hold Redcap, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Redcap app (including the journeys you obtain through your use of the Redcap app).

6.7 Redcap may immediately end your use of the Redcap app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Redcap or the safety of drivers.

7. Good practice using the Redcap app

7.1 As Redcap is not a provider or broker of the transport/delivery services, any issues with defects or quality of the transport/delivery services will be resolved in accordance with the rules and regulations of the transport/delivery service provider or the relevant public authority. 7.2 We ask to fill out a feedback form in the Redcap app. This enables us to offer suggestions to the drivers for improving the quality of their service.

7.2 We expect that you use the Redcap app in good faith and be respectful of the drivers who offer their services through the Redcap app. Redcap retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport/delivery service, fraud, being disrespectful towards the drivers, etc. In these cases, your Redcap app account may be revoked without prior notice.

7.3 Redcap will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and customers, use the Redcap app. However, we are in no position to guarantee that every provider of transport/delivery services, located by the Redcap app, satisfies the aforementioned criteria at all times. If you experience objectionable transport/delivery service, please notify the company responsible for the service, a supervisory authority or our customer support.

8. Amendments to the General Terms and Conditions

8.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Redcap app notifications. If you continue using Redcap app, you will be deemed to accept the amendments.

9. Final Provisions

The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Republic of Georgia. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Harju County Court in Tallinn, Estonia. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.