Terms & Conditions

1. Introduction and Agreement

Your use of MiWayz (also referred to as “miwayz”, “MIWAYZ”, “MiWAYZ”) and its related services, including the mobile application and phone-based features (collectively referred to as the “App / Platform”), operated by Miwayz Lanka (Private) Limited, a company incorporated in Sri Lanka (the “Company”, “we”, “us”) is governed by these Terms and Conditions  (“Terms”).

By accessing or using the App, you agree to comply and be legally bound by these Terms. If you do not agree to these Terms and Conditions, you must discontinue the use of the App immediately.

2. Privacy and Data Protection

We are committed to protecting your personal data in compliance with the Personal Data Protection Act No. 9 of 2022 of Sri Lanka. , as morefully described in our Privacy Policy

2.1. Data Collection

We collect personal data necessary to provide our services, including but not limited to your name, contact number, location data (GPS), profile photographs, and payment details.

2.2. Purpose of Processing

Your data is processed strictly to facilitate ride scheduling, process secure payments, ensure passenger and driver safety, and improve App functionality.

2.3. Data Sharing

To facilitate your service, limited personal data (such as name, pickup location, and destination) is shared with the Driver assigned to your booking. We do not sell your personal data to third parties.

2.4. User Rights

You have the right to request access to, correction of, or deletion of your personal data held by MiWayz. Please contact our support team for any data privacy inquiries.

3. The MiWayz Service Model

3.1. Intermediary Role

MiWayz does not provide transportation services but acts solely as a technology intermediary to facilitate scheduling between independent taxi drivers and passengers. By using the service, you acknowledge that has no direct association with the taxi driver beyond this facilitation. For the avoidance of  doubt drivers operate as independent contractors and are not employees or agents of MiWayz.

3.2. Driver Verification

MiWayz performs limited verification based on documents submitted by drivers (including driving licenses and vehicle registration). However, MiWayz does not guarantee the personal conduct, physical fitness, or mental fitness of any driver, nor the mechanical condition of their vehicle.

4. User Obligations and Conduct

4.1Mobile Number Registration
Users must register for the Platform using a valid and active mobile telephone number registered in their name or under their lawful control. The Company may implement one-time password (OTP) or other verification mechanisms to authenticate the mobile number.

The User represents and warrants that the mobile number provided is accurate and that they are authorised to use it for registration purposes.

 

4.2 Accuracy of Information

Users agree to provide true, accurate, current, and complete information during registration and to promptly update such information to maintain its accuracy. The Company shall not be liable for any loss, damage, delay, or service failure arising from inaccurate or incomplete information provided by the User.

4.3 Minimum Age Requirement

Users must be at least eighteen (18) years of age to register for and use the App. By creating an account, the User represents and warrants that they meet this age requirement. The Company reserves the right to request age verification documentation where reasonably necessary.

4.4Account Security and Confidentiality
Users are solely responsible for maintaining the confidentiality and security of their login credentials, including passwords, PINs, and OTPs.

Users shall:

• Not disclose login credentials to any third party;
• Not allow unauthorised access to their account;
• Immediately notify the Company of any suspected unauthorised use.

All activities conducted under a registered account shall be deemed to have been authorised by the account holder unless proven otherwise.

The Company shall not be liable for losses arising from unauthorised access resulting from the User’s failure to safeguard credentials.

 

4.5 Suspension and Deactivation
The Company reserves the right, at its sole discretion, to suspend, restrict, or permanently deactivate a User account where:

• False, misleading, or incomplete information is provided;
• The account is used fraudulently or for unlawful purposes;
• The account is shared, transferred, or misused;
• The User breaches these Terms; or
• Suspension is required to comply with legal or regulatory obligations.

The Company may conduct verification checks prior to reinstating any suspended account.

4.6 Lawful purpose

You agree to use the App only for lawful purposes. You certify that you use the services of MiWayz voluntarily and at your own discretion.

4.7. Passenger Responsibility

By using the platform, you accept full responsibility for your interactions with drivers and assume all reasonable risks associated with third-party transportation services.

5.Prohibited Conduct

Users agree that they shall not, whether directly or indirectly:

5.1 Abusive or Threatening Conduct
Engage in abusive, violent, threatening, discriminatory, harassing, or inappropriate behaviour toward drivers, other users, or Company personnel. This includes verbal abuse, physical intimidation, sexual harassment, or any conduct that compromises safety.

5.2 Damage to Property
Cause damage to any vehicle, driver property, or equipment used in connection with the transport service. Users shall be financially responsible for any damage caused intentionally or through negligence.

5.3 Carriage of Illegal or Prohibited Items
Transport, carry, or attempt to transport any unlawful, hazardous, dangerous, or prohibited items, including but not limited to:

• Illegal narcotics or controlled substances;
• Weapons or explosives;
• Stolen goods;
• Items restricted under applicable Sri Lankan law.

Drivers reserve the right to refuse service where reasonably suspected.

 

5.4 Unlawful Use of the Platform
Use the Platform for any unlawful, fraudulent, or improper purpose, including but not limited to:

• Facilitating criminal activity;
• Impersonation or identity misuse;
• Misrepresentation of pickup or drop-off locations;
• Manipulation of pricing or ride allocation systems.

 

5.5 Fare Evasion or Payment Manipulation
Attempt to avoid payment of fares, dispute legitimate charges in bad faith, initiate unjustified chargebacks, or otherwise interfere with payment processing mechanisms.

 

5.6 Enforcement and Consequences

Violation of this Section may result in:

• Immediate suspension of account access;
• Permanent deactivation without prior notice;
• Recovery of financial losses or damages;
• Reporting to law enforcement authorities where required; and
• Legal proceedings where appropriate.

The Company reserves sole discretion to determine whether conduct violates these Terms, subject to applicable law.

6. Booking

6.1. Booking Fees

A booking fee or convenience fee may be charged for taxi hires. All applicable fees will be displayed or communicated to you prior to booking confirmation.

6.2 Ride Matching

Upon submission of a ride request, the App will attempt to match the User with an available independent driver-partner in the vicinity. Matching is based on automated algorithms and availability at the time of the request. A booking is confirmed only once a driver accepts the ride through the App.

 

6.2 Estimated Fare Disclosure

Prior to confirmation, the App will display an estimated fare based on:

• Distance between pickup and drop-off locations;
• Estimated travel time;
• Applicable base fare, per-kilometre and/or per-minute rates;
• Any applicable surge or dynamic pricing factors.

The estimated fare is indicative only and may vary due to actual route taken, traffic conditions, waiting time, highway charges, passenger-requested route deviations, or other operational factors.

6.3 Final Fare Determination

The final fare shall be calculated based on actual trip metrics recorded by the App, including but not limited to:

• Distance travelled (GPS-based measurement);
• Actual trip duration;
• Waiting time;
• Applicable surcharges or fees.

The fare displayed at the end of the trip through the App shall be deemed final and payable, subject to the dispute resolution procedure set out in these Terms.

6.4 No Guarantee of Driver Availability

The Company does not guarantee the availability of drivers at any time or location. Ride fulfillment is subject to driver availability, operational constraints, network connectivity, weather conditions, regulatory restrictions, and other external factors beyond the Company’s control.

The Company shall not be liable for delays, cancellations, or failure to secure a driver.

 7. Cancellation Policy

• Passenger Cancellation Rights: Passengers may cancel a ride request at any time prior to the Driver’s arrival at the designated pickup location. Cancellation must be effected through the App
• Standard Cancellation: A cancellation fee applies if the trip is canceled after 5 minutes of booking or after the driver has arrived at the pickup location.
• Ride In-Progress: A cancellation fee applies if the trip is canceled after the ride has commenced.
• No-Show Policy: If you are not present at the pickup location and the driver cannot contact you, a cancellation fee will apply if the driver has waited more than 5 minutes.
• Driver Delay Waiver: If the driver takes significantly longer than the estimated time to reach the pickup location, the cancellation fee will be waived.
• The applicable waiting period and cancellation fee amount shall be displayed in the App and may vary based on distance travelled, time elapsed, or prevailing pricing conditions.
• Cancellation fees are intended to compensate the Driver for time and fuel expended and shall be charged through the selected payment method.
• Driver Cancellation
  Drivers may cancel a ride only for legitimate reasons, including but not limited to:
• Passenger unavailability or unresponsiveness;
• Safety concerns;
• Vehicle breakdown or technical malfunction;
• Incorrect pickup information;
• Circumstances beyond the Driver’s reasonable control.
• Repeated unjustified driver cancellations may result in review, temporary suspension, or permanent deactivation.
• Abuse and Misuse
• Repeated or intentional misuse of the cancellation feature, including but not limited to:
• Excessive last-minute cancellations;
• Repeated no-shows;
• Manipulation of booking patterns; may result in temporary suspension or permanent termination of the Passenger’s account at the Company’s discretion.

Disputes

Passengers may dispute a cancellation charge within [XXXXXX] days of the charge being applied. The Company reserves the right to review trip logs, GPS records, communication records, and timing data when resolving such disputes.

8. Fares and Payment

8.1 Fare Calculation and Dynamic Pricing
Fares are calculated based on a combination of factors including, but not limited to:

• Base fare;
• Distance travelled;
• Trip duration;
• Waiting time;
• Demand and supply conditions (dynamic or surge pricing);
• Applicable taxes, tolls, or regulatory charges.

Where dynamic pricing applies, the adjusted fare or multiplier will be displayed to the User prior to booking confirmation. By confirming the ride, the User acknowledges and agrees to the applicable fare structure at the time of booking.

The final fare shall be determined based on actual trip data recorded through the Platform.

8.2 Payment Methods
Payment for rides may be made through one or more of the following methods, as enabled on the Platform:

• Cash (where permitted);
• Credit or debit card;
• Approved digital wallets or electronic payment systems.

The availability of specific payment methods may vary depending on location, regulatory requirements, or technical capability.

8.3 Secure Payment Processing
All non-cash payments are processed through secure, encrypted payment gateways operated by authorised third-party payment service providers. The Company does not store full card details on its servers unless expressly stated and in compliance with applicable security standards.

Users authorise the Company to charge the selected payment method for all applicable fares, fees, cancellation charges, and outstanding amounts.

9.Driver Relationship and Liability Disclaimer

9.1 Independent Contractor Status
Drivers providing transportation services through the Platform are independent third-party contractors and are not employees, agents, joint venture partners, or representatives of the Company.

Nothing in these Terms shall be construed to create any employment, partnership, agency, or fiduciary relationship between the Company and any Driver.

9.2 Nature of the Company’s Role
The Company operates solely as a technology platform that:

• Facilitates ride matching between passengers and independent drivers;
• Enables booking, payment processing, and communication functions; and
• Does not itself provide transportation services.

All transportation services are provided directly by independent Drivers.

9.3 No Control Over Driving Conduct
The Company does not control, supervise, or direct:

• The manner in which Drivers operate their vehicles;
• The routes selected;
• Driving behaviour or compliance with traffic laws;
• Vehicle maintenance practices;
• Driver scheduling or availability.

Drivers are solely responsible for operating their vehicles safely and in compliance with all applicable laws and licensing requirements.

9.4 Limitation of Responsibility for Driver Conduct
To the fullest extent permitted by applicable law, the Company shall not be liable for:

• Driver negligence, misconduct, or unlawful acts;
• Personal injury, death, property damage, or losses arising from transportation services;
• Vehicle defects, mechanical failures, or road incidents.

Any claims arising from transportation services must be directed to the relevant Driver, subject to applicable law.

9.5 No Guarantee of Vehicle Condition
The Company does not warrant or guarantee the roadworthiness, safety, insurance coverage, or mechanical condition of any vehicle used by Drivers. Responsibility for vehicle compliance rests solely with the Driver.

9.6 Passenger Acknowledgment
By requesting and accepting a ride through the Platform, the Passenger expressly acknowledges that:

• Transportation services are provided by independent third-party Drivers;
• The Company’s role is limited to technology facilitation; and
• The Passenger assumes inherent risks associated with private road transportation.

10. Loyalty Points

10.1. Nature of Points

MiWayz loyalty points are promotional in nature, have no cash or monetary value, and cannot be exchanged or redeemed for cash.

10.2. Usage

Loyalty points can only be redeemed for services offered specifically within the MiWayz App and cannot be transferred to other users or third parties.

10.3. Expiry and Modifications

Purchased points are non-refundable. MiWayz reserves the right to set expiration dates for loyalty points and may modify or discontinue the loyalty program at any time, subject to applicable laws.

11. Intellectual Property

All copyright, trademarks, and intellectual property rights in the App and its content (including design, text, graphics, and software) are owned by or licensed to MiWayz. You agree to access the content solely for your personal, non-commercial use.

12. Disclaimers and Limitation of Liability

12.1. Service Provided “As Is”

The App is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, statutory, or otherwise.

The Company disclaims all implied warranties, including but not limited to:

• Merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Accuracy or reliability of service availability.

The Company does not guarantee uninterrupted, error-free, or secure operation of the Platform. . MiWayz does not warrant that the App will function without interruptions, errors, or defects.

 

12.2. Exclusion of Indirect and Consequential Damages
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to:

• Loss of profits;
• Loss of business opportunity;
• Loss of data;
• Reputational harm;
• Emotional distress;
• Costs arising from third-party claims.
• Profits arising form the use of the App

This exclusion applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages.

 

Limitation of Liability

To the maximum extent permitted by applicable law, MiWayz’s  total aggregate liability arising out of or relating to any single ride or dispute shall not exceed the total amount paid by the User for the disputed ride.

Where a claim does not relate to a specific ride, the Company’s aggregate liability shall not exceed the total amount paid by the User to the Company within the preceding three (3) months.

12.3. Third-Party Services Disclaimer

MiWayz is not responsible for errors, inaccuracies, or inconsistencies in information provided by third-party systems, such as GPS mapping or traffic data.  The Company shall not be liable for:

• The acts or omissions of Drivers;
• Failures of payment service providers;
• Telecommunications or network interruptions;
• Government actions or regulatory restrictions.
• Force majeure events beyond the Company’s reasonable

13.Safety Disclaimer

13.1 Platform Safety Measures
The Company implements certain safety and verification measures, which may include identity verification, driver document review, rating systems, trip tracking, and in-app communication tools.

However, such measures are limited in scope and are not exhaustive.

13.2 No Guarantee of Absolute Safety
To the maximum extent permitted by law, the Company does not guarantee:

• Absolute passenger safety;
• The conduct, behaviour, or character of any Driver or User;
• That all Drivers comply with traffic laws at all times;
• That all vehicles are free from defects or mechanical issues;
• Continuous, uninterrupted, or error-free availability of the Platform.

Use of the Platform involves inherent risks associated with road transportation and interaction with third parties.

13.3 Passenger Responsibility
Passengers agree to exercise reasonable judgment and caution when using the Platform, including but not limited to:

• Verifying vehicle and driver details before commencing a ride;
• Using seat belts and complying with safety instructions;
• Not entering a vehicle if they feel unsafe;
• Reporting safety concerns promptly through the Platform or to appropriate authorities.

13.4 Limitation of Duty
The Company’s role is limited to facilitating ride matching through technology. The Company does not assume a common carrier obligation or heightened duty of care beyond what is required under applicable law.

13.5 Emergency Situations
In the event of an emergency, Users should contact local emergency services immediately. The Platform is not a substitute for emergency response systems

14. Indemnification

You agree to indemnify and hold MiWayz, its officers, directors, and employees harmless from any claims, losses, liabilities, damages, or legal costs arising from your breach of these Terms and Conditions, your misuse of the App, or your violation of any law or the rights of a third party.

15. Modifications and Termination

10.1. Right to Modify

MiWayz reserves the right to modify these Terms and Conditions or the App features at any time. Where reasonably practicable, or in the event of material changes to these terms, we will provide notice via the App. Your continued use of the App constitutes acceptance of the updated terms.

15.2. Termination

MiWayz reserves the right to restrict, suspend, or terminate your access to the App without prior notice if we reasonably believe you have breached these terms, engaged in fraudulent activity, or misused the service.

16.Force Majeure

16.1 Definition
For the purposes of these Terms, a “Force Majeure Event” means any circumstance beyond the reasonable control of the Company, including but not limited to:

• Natural disasters such as floods, earthquakes, storms, or fires;
• Acts of government, regulatory actions, or official restrictions;
• Telecommunications, internet, or network failures;
• Strikes, labour disputes, or civil unrest;
• Epidemics, pandemics, or public health emergencies;
• Any other event that is unforeseeable, unavoidable, and outside the reasonable control of the Company.

 

16.2 Limitation of Liability
The Company shall not be liable or responsible for:

• Any delay, failure, or inability to provide the Platform or services during a Force Majeure Event;
• Any loss, damage, inconvenience, or expense incurred by Users or Drivers as a result of a Force Majeure Event.

 

16.3 Suspension of Services
During a Force Majeure Event, the Company may, at its discretion:

• Temporarily suspend the Platform or specific features;
• Limit or delay access to services;
• Implement alternative measures to restore service when reasonably possible.

 

16.4 Mitigation Obligations
The Company will use reasonable efforts to:

• Notify Users of disruptions caused by Force Majeure Events through the Platform or other communication channels;
• Resume normal operations as soon as practicable after the event;
• Take commercially reasonable steps to minimise adverse impacts on Users and Drivers.

 

16.5 Governing Principle
Force Majeure does not relieve Users from their obligations under these Terms, including payment of completed rides or applicable cancellation fees

17. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka. You agree to submit to the exclusive jurisdiction of the courts of Sri Lanka for the resolution of any disputes arising out of or relating to these Terms or the use of the App.