TERMS AND CONDITIONS
Last updated December 27,
2024
AGREEMENT TO OUR LEGAL TERMS
We are Yalla Drive LLC FZ, doing
business as Yalla Drive (“Company," "we”, “us,”
"our"), a company registered in the United Arab Emirates at The
Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E,
Dubai, Dubai.
·
We operate the websitehttp://www.yalladrive.co (the "Site"),
the mobile application Yalla Drive (the "App"), as well as any
other related products and services that refer or link to these legal terms
(the "Legal Terms") (collectively, the "Services").
- ‘’The
displayed price and currency at the checkout page, will be the same price
and currency printed on the Transaction Receipt and the amount charged to
the card will be shown in your card currency”.
- ‘’We will
not trade with or provide any services to OFAC and sanctioned countries’’
- ‘’Cardholder
must retain a copy of transaction records and https://yalladrive.co/ policies
and rules’’
On-Demand Chauffeur
Services
You can contact us by:
- Company Name: Yalla
Drive LLC FZ
- Phone: +97152 7993917
- Email: info@yalladrive.co
- Mail: Office
1-10, 1st Floor Masraf Bank Building, Sheikh Zayed Road, Dubai
UAE
These Legal Terms constitute a legally
binding agreement made between you, whether personally or on behalf of an
entity ("you"), and Yalla Drive LLC FZ, concerning your access
to and use of the Services. You agree that by accessing the Services, you have
read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any
scheduled changes to the Services you are using. Changes to Legal Terms will
become effective seven (7) days after the notice is given, except if the
changes apply to new functionality, security updates, and bug fixes, in which
case the changes will be effective immediately. By continuing to use the
Services after the effective date of any changes, you agree to be bound by the
modified terms. If you disagree with such changes, you may terminate Services
as per the section "TERM AND TERMINATION.”
The Services are intended for users who are
at least 18 years old. Persons under the age of 18 are not permitted to use or
register for the Services.
We recommend that you print a copy of these
Legal Terms for your records.
TABLE OF CONTENTS
1. Our services
2. Intellectual property rights
3. User representations
4. User registration
5. Purchases and payment
6. Policy
7. Prohibited activities
8. User generated contributions
9. Contribution license
10. Guidelines for reviews
11. Mobile application license
12. Social media
13. Advertisers
14. Services management
15. Privacy policy
16. Term and termination
17. Modifications and interruptions
18. Governing law
19. Dispute resolution
20. Corrections
21. Disclaimer
22. Limitations of liability
23. Indemnification
24. User data
25. Electronic communications, transactions, and signatures
26. Sms text messaging
27. Miscellaneous
28. Contact us
1. OUR SERVICES
The information provided when using the
Services is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.
2. INTELLECTUAL PROPERTY
RIGHTS
Our Intellectual Property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the "Content"),
as well as the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by
copyright and trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or
through the Services "AS IS" for your personal, non-commercial use
only.
Your Use of Our Services
Subject to your compliance with these Legal
Terms, including the "PROHIBITED ACTIVITIES" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- Access the
Services; and
- Download
or print a copy of any portion of the Content to which you have properly
gained access, solely for your personal, non-commercial use.
Except as set out in this section or
elsewhere in our Legal Terms, no part of the Services and no Content or Marks
may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: saurabh.seth@yalladrive.co. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted
to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.
Your Submissions
Please review this section and the "PROHIBITED
ACTIVITIES" section carefully prior to using our Services to
understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us
any question, comment, suggestion, idea, feedback, or other information about
the Services ("Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You are responsible for
what you post or upload: By sending us Submissions through any part
of the Services you:
- Confirm
that you have read and agree with our "PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through the Services
any Submission that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading.
- To the extent permissible by
applicable law, waive any and all moral rights to any such Submission.
- Warrant that any such Submissions
are original to you or that you have the necessary rights and licenses to
submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions.
- Warrant
and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of:
- this
section,
- any third party's
intellectual property rights, or
- applicable
law.
3. USER REPRESENTATIONS
By using the Services, you represent and
warrant that:
- All
registration information you submit will be true, accurate, current, and
complete.
- You will maintain the accuracy of
such information and promptly update such registration information as
necessary.
- You have the legal capacity and
you agree to comply with these Legal Terms.
- You are not a minor in the
jurisdiction in which you reside.
- You will not access the Services
through automated or non-human means, whether through a bot, script, or
otherwise.
- You will not use the Services for
any illegal or unauthorized purpose.
- Your use
of the Services will not violate any applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
4. USER REGISTRATION
- You may be
required to register to use the Services.
- You agree to keep your password
confidential and will be responsible for all use of your account and
password.
- We reserve
the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- Apple Pay
- Cash
You agree to:
- Provide
current, complete, and accurate purchase and account information for all
purchases made via the Services.
- Promptly update account and
payment information, including email address, payment method, and payment
card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases
as deemed required by us. We may change prices at any time. All payments
shall be in AED.
- Pay all charges at the prices then
in effect for your purchases and any applicable shipping fees.
- Authorize
us to charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct any errors or mistakes
in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same payment
method, and/or orders that use the same billing or shipping address. We reserve
the right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
6. PAYMENT & INSURANCE POLICY
- Charges for Services:
You acknowledge that the use of the Services will incur charges
("Charges"). Upon receiving Driver Services through the
Platform, you are obligated to pay the applicable Charges to the
Third-Party Driver Companies, represented by the Driver. These Charges
correspond to the amounts quoted to you at the time of your booking
request. Yalla Drive may facilitate payment of the Charges on
behalf of the Third-Party Driver Companies via the Platform. Such payments
will be deemed as payments made directly to the Third-Party Driver
Companies. Where applicable, Charges will include VAT. All payments made
by you are final and non-refundable.
- Charges and Vouchers:
Prior to confirming a booking request, Yalla Drive will quote you
the Charges, exclusive of any applicable discounts from vouchers. If a
Voucher is registered on the Platform before the trip starts, the Voucher
with the earliest expiration date will be automatically applied to reduce
the total amount payable, provided its value does not exceed the total
Charges. The final Charge for each trip is due at the start of the trip
and payable immediately upon the trip's completion.
- Cancellations by Client:
You may cancel your request for Driver Services (i) at any time prior to
the trip being confirmed via the App and (ii) within five minutes after
your booking request has been accepted by the relevant Third-Party Driver
Company (a "Confirmation"), without incurring a cancellation
fee. Cancellations made after five minutes of Confirmation will be
considered a "no-show" and will result in a cancellation charge,
which will be recorded on your profile.
- Cancellations Due to Driver Delays:
If a Driver arrives more than 30 minutes after the scheduled pickup time,
you may cancel the booking without incurring any charges or a
"no-show" being recorded on your profile.
- Driver Wait Time:
If a Driver has to wait more than 10 minutes after arriving at the
designated pickup location, they may cancel the booking. In this case, a
no-show will be recorded on your profile, and a cancellation charge will
be applied. If the Driver chooses not to cancel, a waiting charge will be
applied per minute (or part thereof) beyond the initial 10-minute waiting
period. This charge is in addition to any cancellation or no-show fee. The
Platform will track the average wait times of Drivers at your pickup location.
- Impact of No-Shows and Delays:
Third-Party Driver Companies may decline future booking requests from
passengers with a high no-show rate or significant average delays. They
may also apply higher charges for such passengers.
- Rating and Feedback:
After completing a trip through the Platform, you will have the
opportunity to rate your experience and provide feedback regarding the
Driver and the Services.
- Payment Methods:
You can make payments for your trips using cash, card, Apple Pay, or
Google Pay through the App. Card details submitted via the App will be
securely transmitted to Yalla Drive’s payment provider. Card
information can be stored within the App but is held securely by
third-party payment processors, not Yalla Drive. Cardholders should
retain copies of their transaction records. Payments can be made in AED
using Visa, MasterCard, AMEX, or other approved credit/debit cards. Upon
payment, you will receive a receipt from the Third-Party Driver Company by
email (not a tax invoice). A tax invoice may be requested via the
Platform.
- Authorization for Automatic
Charges:
By accepting these Terms, you authorize Yalla Drive to
automatically charge you for any applicable Charges without the need for
further notice or consent. You are responsible for ensuring that accurate
billing and payment card details are provided and for promptly notifying Yalla
Drive of any updates or changes.
- Third-Party Payment
Processor Terms:
Card payments are subject to the terms and conditions of the respective
payment processing service provider. You are advised to review the terms
and conditions, along with the privacy policy, of the relevant service
provider before completing any transaction.
- Long term Contracts:
For daily, weekly, and monthly driver services, users are solely
responsible for providing insurance coverage at their own expense. The
maximum shift duration for drivers is limited to 12 hours per day. YallaDrive
shall not be held liable for any interactions or engagements between
drivers and users beyond the allocated service hours
7. PROHIBITED ACTIVITIES
You may not access or use
the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As a user of the Services,
you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick, defraud, or mislead us and
other users, especially in any attempt to learn sensitive account information
such as user passwords.
- Circumvent, disable, or otherwise
interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Services and/or the Content
contained therein.
- Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the Services.
- Use any information obtained from
the Services in order to harass, abuse, or harm another person.
- Make improper use of our support
services or submit false reports of abuse or misconduct.
- Use the Services in a manner
inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of
or linking to the Services.
- Upload or transmit (or attempt to
upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs,
disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
- Engage in any automated use of the
system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other
proprietary rights notice from any Content.
- Attempt to impersonate another
user or person or use the username of another user.
- Upload or transmit (or attempt to
upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without
limitation, clear graphics interchange formats ("gifs"), 1x1
pixels, web bugs, cookies, or other similar devices (sometimes referred to
as "spyware" or "passive collection mechanisms" or
"pcms").
- Interfere with, disrupt, or create
an undue burden on the Services or the networks or services connected to
the Services.
- Harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion
of the Services to you.
- Attempt to bypass any measures of
the Services designed to prevent or restrict access to the Services, or
any portion of the Services.
- Copy or adapt the Services'
software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except as permitted by applicable
law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Services.
- Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Services,
or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing
agent to make purchases on the Services.
- Make any unauthorized use of the
Services, including collecting usernames and/or email addresses of users
by electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any
effort to compete with us or otherwise use the Services and/or the Content
for any revenue-generating endeavor or commercial enterprise.
- Use the Services to advertise or
offer to sell goods and services.
- Sell or
otherwise transfer your profile.
8. USER GENERATED
CONTRIBUTIONS
The Services does not offer users to submit
or post content. We may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively,
"Contributions").Contributions may be viewable by other users of the
Services and through third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Services’ Privacy Policy. When
you create or make available any Contributions, you thereby represent and
warrant that:
- The
creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of
or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the
Services and these Legal Terms.
- You have the written consent,
release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness of each and every
such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Services and These Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other person
and to promote violence against a specific person or class of people
- Your Contributions do not violate
any applicable law, regulation, or rule.
- Your Contributions do not violate
the privacy or publicity rights of any third party.
- Your Contributions do not violate
any applicable law concerning child pornograph, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not include
any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal terms, or any applicable law or regulation.
Any use of the Services in violation of the
foregoing violated these Legal terms and may result in, among other things,
termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
You and Services agree that
we may access, store, process, and use any information and personal data that you provide following
the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions
or other feedback regarding the Services, you agree that we can use and share such
feedback for any purpose without compensation to you.
We do not assert any
ownership over your Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on
the Services to leave reviews or ratings. When posting
a review, you must comply
with the following criteria:
- You should have firsthand
experience with the person/entity being reviewed;
- Your reviews should not contain
offensive profanity, or abusive, racist, offensive, or hateful
language;
- Your reviews. should not contain
discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation, or disability;
- Your reviews should not contain
references to illegal activity;
- You should not be affiliated with
competitors if posting negative reviews;
- You should not make any
conclusions as to the legality of conduct;
- You may not post any false or
misleading statements; and
- You may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or
remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume liability for
any review or for any claims, liabilities, or losses resulting from any review. By posting
a review, you hereby grant to us a perpetual, non- exclusive, worldwide, royalty-free, fully
paid, assignable, and sub licensable right and license to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating
to review.
11. MOBILE APPLICATION
LICENSE
Use License
If you access the Services
via the App, then we grant you a revocable, non-exclusive,
non-transferable, limited
right to install and use the App on wireless electronic
devices owned or controlled
by you, and to access and use the App on such devices
strictly in accordance with
the terms and conditions of this mobile application license.
contained in these Legal
Terms. You shall not:
- Except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App;
- Make any modification, adaptation,
improvement, enhancement, translation, or derivative work from the
App;
- Violate any applicable laws,
rules, or regulations in connection with your access or use of the
App;
- Remove, alter, or obscure any
proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the App;
- Use the App for any
revenue-generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended;
- Make the App available over a
network or other environmental permitting access or use by multiple
devices or users at the same time;
- Use the App for creating a
product, service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App;
- Use the App to send automated
queries to any website or to send any unsolicited commercial email;
or
- Use any proprietary information or
any of our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the App.
Apple
and Android Devices
The following terms apply when you use the
App obtained from either the Apple Store or Google Play (each an “App
Distributor") to access the Services:
- License:
The
license granted to you for our App is limited to a non-transferable
license to use the application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s terms of service.
- Maintenance and Support:
We are
responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile
application license contained in these Legal Terms or as otherwise
required under applicable law. You acknowledge that each App Distributor
has no obligation whatsoever to furnish any maintenance and support
services with respect to the App.
- Warranty:
In the
event of any failure of the App to conform to any applicable warranty, you
may notify the applicable App Distributor. The App Distributor, in
accordance with its terms and policies, may refund the purchase price, if
any, paid for the App. To the maximum extent permitted by applicable law,
the App Distributor will have no other warranty obligation whatsoever with
respect to the App.
- Representation and Warranty:
You
represent and warrant that:
- You are not located in a country
that is subject to a US government embargo, or that has been designated
by the US government as a "terrorist supporting" country.
- You are not listed on any US
government list of prohibited or restricted parties.
- Third-Party Terms:
You must
comply with applicable third-party terms of agreement when using the App.
For example, if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the App.
- Third-Party Beneficiaries:
You
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application
license contained in these Legal Terms. Each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application license contained in these Legal
Terms against you as a third-party beneficiary thereof.
12. Social Media
As part of the functionality of the Services,
you may link your account with online accounts you have with third-party
service providers (each such account, a "Third-Party Account") by
either:
- Providing
your Third-Party Account login information through the Services.
- Allowing
us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account.
Representation and Warranty:
You
represent and warrant that:
- You are
entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by you
of any of the terms and conditions that govern your use of the applicable
Third-Party Account.
- You are
not obligating us to pay any fees or making us subject to any usage
limitations imposed by the third-party service provider of the Third-Party
Account.
By granting us access to any Third-Party
Accounts, you understand that:
- We may
access, make available, and store (if applicable) any content that you
have provided to and stored in your Third-Party Account (the "Social
Network Content") so that it is available on and through the Services
via your account, including without limitation any friend lists.
- We may
submit to and receive from your Third-Party Account additional information
to the extent you are notified when you link your account with the
Third-Party Account.
Privacy Settings:
Depending
on the Third-Party Accounts you choose and subject to the privacy settings that
you have set in such Third-Party Accounts, personally identifiable information
that you post to your Third-Party Accounts may be available on and through your
account on the Services.
Service.Unavailability:
If
a Third-Party Account or associated service becomes unavailable, or our access
to such Third-Party Account is terminated by the third-party service provider,
the Social Network Content may no longer be available on and through the
Services.
Disabling Connection:
You
will have the ability to disable the connection between your account on the
Services and your Third-Party Accounts at any time.
Third-Party Service Providers:
Please
note that your relationship with the third-party service providers associated
with your Third-Party Accounts is governed solely by your agreement(s) with
such third-party service providers.
Disclaimer:
We
make no effort to review any Social Network Content for any purpose, including
but not limited to, for accuracy, legality, or non-infringement, and we are not
responsible for any Social Network Content.
Access to Email Address Book:
You
acknowledge and agree that we may access your email address book associated
with a Third-Party Account and your contacts list stored on your mobile device
or tablet computer solely for purposes of identifying and informing you of
those contacts who have also registered to use the Services.
Deactivating the Connection:
You
can deactivate the connection between the Services and your Third-Party Account
by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on
our servers that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
13. Advertisers
- We allow
advertisers to display their advertisements and other information in
certain areas of the Services, such as sidebar advertisements or banner
advertisements.
- We simply
provide the space to place such advertisements, and we have no other
relationship with advertisers.
14. Services Management
We reserve the right, but not the obligation,
to:
- Monitor:
Monitor
the Services for violations of these Legal Terms.
- Legal Action:
Take
appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities.
- Access.Restriction:
In our
sole discretion and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent technologically feasible)
any of your Contributions or any portion thereof.
- Content.Removal:
In our
sole discretion and without limitation, notice, or liability, to remove
from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems.
- Management:
Otherwise
manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
15. Privacy Policy
- We care
about data privacy and security. Please review our Privacy Policy:
- By using the Services, you agree
to be bound by our Privacy Policy, which is incorporated into these Legal
Terms.
- Please be
advised the Services are hosted in the United Arab Emirates. If you access
the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United Arab Emirates, then through your
continued use of the Services, you are transferring your data to the
United Arab Emirates, and you expressly consent to have your data
transferred to and processed in the United Arab Emirates.
16. Term and Termination
- These
Legal Terms shall remain in full force and effect while you use the
Services.
- Right to Deny Access:
WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT
TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY
PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.
- Termination:
WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
- Prohibition on New Accounts:
If we
terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf
of the third party.
- Legal
Action:
In
addition to terminating or suspending your account, we reserve the right
to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress
.
17. Modifications and
Interruptions
- Right to Modify:
We reserve
the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice.
- No.Obligation.to.Update:
However,
we have no obligation to update any information on our Services.
- Discontinuation:
We also
reserve the right to modify or discontinue all or part of the Services
without notice at any time.
- No Liability:
We will
not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
- Service Availability:
We cannot
guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Services at any time or for any reason without notice
to you.
- No Liability for Interruptions:
You agree
that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services.
- No Obligation to Maintain
Services:
Nothing in
these Legal Terms will be construed to obligate us to maintain and support
the Services or to supply any corrections, updates, or releases in
connection therewith.
18. GOVERNING LAW
These Legal Terms shall be
governed by and defined following the laws of the United Arab Emirates. Yala Drive
LLC FZ and yourself irrevocably consent that the courts of the United Arab Emirates
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these Legal Terms.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and
control the cost of any dispute, controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties",
the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of
or in connection with these Legal Terms, including any question regarding its existence, validity,
or termination, shall be referred to and finally resolved by the International
Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring
to it, is considered as the part of this clause. The number of arbitrators shall be
three (3). The seat, or legal place, or arbitration shall be Dubai, United Arab
Emirates. The language of the proceedings shall be English and Arabic. The governing
law of these Legal Terms shall be substantive
law of the United Arab Emirates.
Restrictions
The Parties agree that any arbitration
shall be limited to the Dispute between the
Parties individually. To
the full extent permitted by law,
- No arbitration shall be
joined with any other proceeding;
- There is no right or authority for
any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and
- There is no right or authority for
any Dispute to be brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal
Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions concerning informal
negotiations binding arbitration:
- Any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property
rights of a Party;
- Any Dispute related to, or arising
from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and
- Any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall
be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court,
20. CORRECTIONS
There may be information on
the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions
and to change or update the information on the Services at any time, without prior notice.
21. DISCLAIMER
THE SERVICES ARE PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES
WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS,
- PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
THE SERVICES,
- ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES,
- ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
22. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR
DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 100000 AED. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to defend,
indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) use of the Services; (2)
breach of these Legal Terms; (3) any breach of your representations and warranties set forth in
these Legal Terms; (4) your violation of the rights of a third party, including but
not limited to intellectual property rights; or (5) any overt harmful act toward any other user
of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you
are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
We will use reasonable efforts to notify you of
any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain
data that you transmit to the Services for the purpose of managing the performance of
the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken
using the Services. You agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising from any such loss or
corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
26. SMS TEXT MESSAGING
Opting Out
If at any time you wish to
stop receiving SMS messages from us, simply reply to the text with "STOP."
You may receive an SMS message confirming your opt out.
Message
and Data Rates
Please be aware that message and data rates
may apply to any SMS messages sent or received. The rates are determined by
your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance
regarding our SMS communications, please email us at info@yalladrive.co
or call at +97152 7993917.
27. Miscellaneous
- These
Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us.
- Our failure to exercise or enforce
any right or provision of these Legal Terms shall not operate as a waiver
of such right or provision.
- These Legal Terms operate to the
fullest extent permissible by law.
- We may assign any or all of our
rights and obligations to others at any time.
- We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control.
- If any provision or part of a
provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable
from these Legal Terms and does not affect the validity and enforceability
of any remaining provisions.
- There is no joint venture,
partnership, employment, or agency relationship created between you and us
as a result of these Legal Terms or use of the Services.
- You agree that these Legal Terms
will not be construed against us by virtue of having drafted them.
- You hereby
waive any and all defenses you may have based on the electronic form of
these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
28. Contact Us
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services,
please contact us at:
Yalla Drive LLC FZ
Office
1-10, 1st Floor Masraf Bank Building, Sheikh Zayed Road, Dubai UAE
United Arab Emirates
Phone: +971527993917
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