TERMS AND CONDITIONS
Please read these terms and conditions (collectively, the "T&Cs") carefully, as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, a clause that governs the jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations.
- KEY TERMS
1.1 YALLAPICKUP IS AN ONLINE TECHNOLOGY PLATFORM THAT ENABLES USERS OF WWW.YALLA-PICKUP.COM (“SITE”) OR APPLICATION (DEFINED BELOW) TO ARRANGE AND SCHEDULE TRANSPORTATION AND /OR LOGISTICS SERVICES (“SERVICES”) WITH INDEPENDENT THIRD PARTY TRANSPORTATION PROVIDERS OF PICKUPS OR VANS OR LIGHT DUTY VEHICLES (“VEHICLES”). THE APPLICATION CAN BE DOWNLOADED OR SITE CAN BE ACCESSED ON A MOBILE, TABLET, LAPTOP, COMPUTER, SMART DEVICES AND OTHER APPLICATION PROGRAM INTERFACES. THE SERVICES ARE ACCESSIBLE THROUGH THE INTERNET,. YALLAPICKUP DOES NOT PROVIDE (OR INTEND TO PROVIDE) TRANSPORTATION OR LOGISTICS SERVICES AND YALLAPICKUP IS NEITHER A TRANSPORTATION CARRIER NOR LOGISTICS SERVICES PROVIDER. YALLAPICKUP OFFERS A METHOD TO OBTAIN TRANSPORTATION SERVICES FROM THIRD PARTY TRANSPORT PROVIDERS EACH OF WHICH IS EXCLUSIVELY AND SOLELY RESPONSIBLE FOR THE PROVISION OF ANY RELEVANT TRANSPORTATION SERVICES. YALLAPICKUP HAS NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY TRANSPORTATION SERVICES WHICH ARE PROVIDED TO YOU OR SOUGHT TO BE PROVIDED TO USERS BY ANY SUCH THIRD PARTY.
1.2 These T&Cs govern the access or use by you, an individual, from any country in the world, of the Site, Application (defined below), the Services and web and Application content therein (“Content”), made available by Yalla Pickup and its managing entities, subsidiaries and associated entities (“YallaPickup”).
1.3 The term “you” “your” (or a similar reference) refers to you as the Content user and the term “us” “our” “we” refers to YallaPickup.
By downloading, installing or using any associated application for Services supplied by YallaPickup (the "Application"), you automatically enter into an agreement with YallaPickup (“Agreement”) and you hereby expressly acknowledge and agree to be bound by the Agreement and any future amendments and additions to the Agreement as published from time to time at http://www.yalla-pickup.com/term.
1.4 YallaPickup reserves the right to modify the Agreement or its policies relating to the Services or Application at any time, effective from the time of posting of an updated version of this Agreement at http://www.yalla-pickup.com/term. You are responsible for regularly reviewing this Agreement. Continued use of the Services, Content and Application after any such changes shall constitute your consent to such changes.
1.5 If you do not agree with these T&Cs, please do not use the Site, Services or Application.
- ACCOUNT REGISTRATION
2.1 In order to access certain features of the Site and Application and to make a booking for a Vehicle, you must register to create an account and become a User (“Account”). There is also an option for ‘’express delivery’’ in which you do not need to create an account but can instead simply chose the location, time, Vehicle size and we will send a verification code to your mobile for your confirmation. Once this verification code is confirmed by you, you can request a Vehicle.You may register to join the Services directly via the Site or Application or as described in this section. YallaPickup reserves the right to incorporate a charge to use or access the Account.
2.2 You can also register to use the Services by logging into your Account with selected social networking sites (including but not limited to Facebook) (“Third Party Sites”). Please note that we do not control the Third Party Sites. We merely offer linking mechanism to facilitate logging into or creating an Account through the Third Party Sites. As part of the functionality of the Site, Application or Services, you may link your Account with the Third Party Sites by either providing your Third Party Sites’ login information to us through the Site, Services or Application OR allow us to access your login information as permitted under the applicable terms and conditions that govern your use of each account with the Third Party Sites. In doing so, you represent that you are entitled to disclose your account login information in such Third Party Sites and or grant us access to your login information in such Third Party Sites, without your breach of terms of such Third Party Sites and without obligating us to pay any fees or subjecting us to any restrictions or limitations. By granting us access to any of your accounts in Third Party Sites, you understand and agree that we will access, make available and store (if applicable) any Content that you have provided to and stored in your account on such Third Party Sites. You are aware and understand that if your account on a Third Party Site or associated service becomes unavailable or our access to such account on Third Party Site is terminated, your Account will also become unavailable to you. You have the ability at any time to disable to connection between your Account and your account on any Third Party Sites. You understand and agree that your relationship with the Third Party Sites is governed solely by your agreement(s) with such Third Party Sites. We make no effort to review any Third Party Sites content for any purposes, including but not limited to accuracy, legality or non-infringement and we are not responsible for content on any Third Party Sites.
2.3 Your Account will be created for your use of the Site and Application based on the personal information you provide us or that we obtain via your account on such Third Party Sites.
2.4 PLEASE NOTE THAT YOU MAY NOT HAVE MORE THAN ONE (1) ACTIVE ACCOUNT IN YOUR NAME AT ANY GIVEN TIME. YOU UNDERTAKE TO PROVIDE ACCURATE, CORRECT AND COMPLETE INFORMATION IN ORDER TO CREATE YOUR ACCOUNT. YALLAPICKUP RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND YOUR ACCESS TO THE SITE, APPLICATION AND SERVICES IF YOU CREATE MORE THAN ONE ACCOUNT IN YOUR NAME OR IF ANY INFROMATION PROVIDED IN YOUR YUP ACCOUNT IS FALSE, INACCURATE, INCOMPLETE OR IN VIOLATION OF THESE T&CS OR APPLICABLE LAW.
- NETWORK AND DEVICE ACCESS
3.1 You are responsible for obtaining the data network access necessary to use the Services, Site and Application and you are responsible for all associated rates and charges. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site, Services and Application. YallaPickup does not guarantee that the Site, Services or Application will function on any particular network or device and the Site, Services and Application may be subject to malfunctions and delays in the use of the internet and electronic communications.
- YOUR REPRESENTATIONS AND WARRANTIES
4.1 By using the Services, Content and Application, you expressly represent and warrant that:
- You are over 18 years of age and legally capacitated and entitled to enter this Agreement.
- If you reside in a jurisdiction that restricts the use of the Services, Content and Application because of age, or restricts the ability to enter into agreements such as this one due to age, you shall abide by such age limits and shall not use the Services, Content and Application.
- You have the right, authority and capacity to enter into this Agreement and to abide by the T&Cs.
- When using the Services, Content and Application you agree to comply with all applicable laws from your home nation, the country, state or Emirate and city in which you are present while using the Application.
- Your participation in using the Content and Application is for your personal use and the use of others that have explicitly authorized you.
- You are responsible for safeguarding your username and password to the Site and Application and you shall not authorize any third party to use your username and password or user status, and you shall not assign or otherwise transfer your Account to any third party whosoever.
- You shall only access the Content and Application through authorized means. YallaPickup reserves the right to terminate this Agreement if you use the Site, Content or Application with an unauthorized or incompatible device.
- You will not misuse any Vehicle, use any Vehicle for any illegal purpose, engage in any illegal activities in any Vehicle.
- You will comply with all applicable laws.
- You will not represent, nor attempt to create a false impression that you are undertaking any action on behalf of us or for our benefit.
- You shall not request the Service for undertaking any illegal, immoral, dangerous or potentially hazardous or threatening actions neither will your goods be illegal, immoral, dangerous or hazardous. You will not use the Vehicles to transport any precious commodities or ancient artefacts or the like unless you have the requisite approvals, permits and insurances. The Vehicles will not be used to transport any goods requiring special permissions or licenses unless you have such licenses and permissions and you fully indemnify YallaPickup and the drivers of Vehicles (“Drivers”) in case of your breach of this provision. In case of your breach of this provision, the Drivers may decline to transport your goods and you will be charged a cancellation fee in such case.
4.2 In using the Services, Content and Application, you agree as follows:
- You are solely responsible and liable for the goods and items deposited, transported and carried through the Vehicles and YallaPickup has no liability whatsoever.
- You will only use the Services, Content or Application for lawful purposes; you will not use the Content or Application for sending or storing any unlawful material or for fraudulent purposes.
- You will not make any commercial gain or monetary benefit or profit for yourself or any third party through the Services.
- You will not use the Services or Application to cause nuisance, annoyance or inconvenience to any party whosoever.
- You will not copy or distribute the Application or Content without written permission from YallaPickup.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Services or Application.
- You will provide us with whatever proof of identity we may reasonably request.
- You will only use an internet access point or 3G data account that you are authorized to use.
- You agree to pay all and any associated telecommunication and internet charges associated with your use of the Services, Content and Application, that may apply.
4.3 If you choose to become a User on the Site, you understand and agree that your relationship with us is limited to being a member only. You will not act or be a contractor, employee, agent, partner, joint venture partner or representative. As a User, you will act exclusively on your own behalf and will undertake the Services based on these T&Cs. You fully acknowledge, understand and agree that we do not control how and when you make your bookings, your offline activities, the listings that you accept, or any other matter related to the Drivers or owners of the Vehicles.
- MESSAGES AND PROMOTIONAL CODES
5.1 By creating an Account, you agree that we may send you informational text messages as part of normal business operations of your use of the Services. You may opt-out of receiving text messages from us at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact or prevent your use of the Services.
5.2 YallaPickup may in its sole discretion, create promotional codes that may be redeemed for Account credit or discounts or other features or benefits related to the Services and/or a third party provider’s services subject to additional terms that YallaPickup establishes on a per promotional code basis (“Promo Codes”). You agree that the Promo Codes:
- shall be used for the purposes advised by YallaPickup only in a lawful and valid manner;
- shall not be duplicated, hacked, assigned, transferred or sold in any manner nor made publically available;
- may be disabled at the sole discretion of YallaPickup without prior notice;
- are not your right neither an obligation on YallaPickup;
- are not valid for any form of exchange or benefit or cash;
5.3 Upon registration of your Yup Account with us, you accept to receive emails from us for the receipt of information, advertisement, confirmation and registration with respect to the Services.
5.4 You may be requested to refer friends to us in which case you will be asked to provide their email address. We will send emails to each of your referred friends and you will be responsible to inform your referred friends accordingly by disclosing your friends details you confirm that you do so with their consent.
- LICENSE TO APPLICATION, RESTRICTIONS AND INTELLECTUAL PROPERTY
6.1 Subject to your compliance with the terms and conditions of this Agreement, YallaPickup grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable license to:
(i) access and use the Site and Application in order to access the Services on your personal devices; and
(ii) access, view and use any content, information and related materials that may be made available through the Services for your personal and non-commercial use only.
6.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Content or Application, except as expressly permitted in this Agreement. No licenses or rights of any kind are granted to you by implication or otherwise by YallaPickup or its licensors, except for the licenses and rights expressly granted in this section.
6.3 With respect to any Application accessed through or downloaded from the Apple App Store or through an Android Play Store ("Store Application"), you will use the Store Application in accordance with the rights, permissions, conditions and licenses granted to you therein. YallaPickup reserves all rights in and to the Application not expressly granted to you under this Agreement. You acknowledge, understand and agree that YallaPickup does not control nor can provide any guarantee, warranty or undertaking in respect of any Store Application and your agreement(s) with the Store Application entirely between you and the owner or licensor of such Store Application.
6.4 YallaPickup alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Services, or any intellectual property rights owned by YallaPickup. YallaPickup name, logo, brand and any service or product names associated with the Application and Services are trademarks of YallaPickup or third parties, and no right or license is granted to use them.
6.5 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Application in any way; (ii) modify or make derivative works based upon the Services or the Application; (iii) create Internet "links" to the Services or "frame" or "mirror" any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Services or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Application.
6.6 In using the Site, Services or Application, you shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that may violate third party privacy rights; (iii) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Services or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Services or its related systems or networks.
6.7 YallaPickup will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. YallaPickup may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that YallaPickup has no obligation to monitor your access to or use of the Site, Service or Application but has the right to do so for the purpose of operating the Site, Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
6.8 YallaPickup reserves the right, at any time and without prior notice, to remove or disable access to any Content that YallaPickup, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Site, Services or Application.
- LICENSE GRANTED BY USER
7.1 We may, in our sole discretion, permit you to post, publish, submit, upload, transfer or transmit any content provided by you to us through the Site or Application or directly subject to these T&Cs and applicable laws (“User Content”). By making available any User Content on or through the Content or Application, you hereby grant YallaPickup an irrevocable, perpetual, worldwide, non-exclusive, transferable, royalty- free license, with the right to license or sublicense, to view, transfer, transmit, use, copy, modify, distribute, sell, publicly display, publicly perform, stream, broadcast and otherwise exploit such User Content either through or by means of the Content or Application or other media owned or managed by us. YallaPickup does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
7.2 You acknowledge and agree as follows:
(i) you are solely responsible and the sole and exclusive owner for all User Content that you make available through the Content or Application. If you are not the sole and exclusive owner then, you have all rights, licenses, consents and releases that are necessary to grant to YallaPickup and to the rights in such User Content as stated in this Agreement.
(i) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Content or Application will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(iii) you shall not provide YallaPickup with any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or otherwise offensive as determined by YallaPickup whether or not such material is protected by law.
(iv) YallaPickup may, but shall not be obligated to delete or remove any User Content at any time without notice.
- PAYMENT TERMS
8.1 The Services may result in third party charges to you. After you have received the services from such third party provider, YallaPickup will facilitate your payment of the applicable charges on behalf of the third party provider as a limited payment collection agent of such third party provider. Payment to such third party provider shall be considered the same as payment made directly by you to the third party provider. Charges are inclusive of applicable taxes where required by law or practice.
8.2 Any charges that YallaPickup may charge you for the Application or Services, are due immediately and are non-refundable other than in circumstances in which YallaPickup considers that a refund is justified and you have notified YallaPickup within 48 hours of making a booking of the relevant Vehicle. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, for any reason whatsoever. YallaPickup reserves the right to determine final prevailing pricing. Please note the pricing information published on the website may not reflect the prevailing pricing.
8.3 All charges payable by you under this clause shall be facilitated by YallaPickup using your preferred method of payment designated in your Account after which you may opt to receive a receipt via email or through your Account. If your payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that YallaPickup may, as a limited payment collection agent of the third party provider, use a secondary payment method in your Account or request you to update your payment methods.
8.4 YallaPickup reserves the right to establish, remove and revise charges for all or part of the Services at any time in the sole discretion of YallaPickup. The charges may substantially agree during times or periods or in areas of high demand.
8.5 You understand that YallaPickup does not designate any part of payments made as charges for your booking as gratuity or tip to the Drivers of the Vehicles or third party provider. You are free to provide additional payment to the Drivers of the Vehicles or third party provider, however you are under no obligation to do so. Any tip or gratuity payment is entirely at your discretion and between you and the Driver of the Vehicles or third party provider. You may be asked to rate the Driver of the Vehicles or third party provider after you have received their services. You may also have the opportunity to provide your feedback.
8.6 YallaPickup, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or any contract with YallaPickup. YallaPickup may change the fees for the Services or Application, as we deem necessary for our business. We encourage you to check back at the Site periodically if you are interested in our charges for the Services or Application.
8.7 You will be responsible for any taxes, road charges, toll fees and similar charges if these are imposed by the government or semi-government authorities or regulators or similar authorities.
8.8 In using the Services, if any damage or loss is caused by you to a third party provider, you will be solely liable for any repairs, cleaning, damages or loss in excess of any “fair wear and tear”. YallaPickup may facilitate compensation to such third party provider in such case, through your Account. Any such payments for compensation are non-refundable.
8.9 You are responsible for any fees for waiting time or time incurred in the loading or unloading of the Vehicles. You are also responsible to pay a cancellation fee if you request a Service and then cancel the Service. Such cancellation fee shall be advised to you on the Application.
8.10 If you request the Services however the goods are not available at the pickup location, you will be responsible for the waiting time and the Driver will have the option of cancelling your request for Services after 15 minutes of waiting time. In such case you will be liable for paying for the waiting time and the cancellation fee.
8.11 You are responsible to pay or arrange for any permits, approvals, access codes, gate passes or similar if required at your own cost for the purposes of the Vehicles and Drivers entering into or departing from or loading time or waiting time any pick-up or drop-off locations.
- THIRD PARTY INTERACTIONS
9.1 During use of the Application and Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. YallaPickup and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. YallaPickup does not endorse any sites on the internet that are linked through the Services or Application, and in no event shall YallaPickup or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. YallaPickup provides the Application and Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and YallaPickup disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
9.2 YallaPickup may rely on third party advertising and marketing supplied through the Application or Services and other mechanisms to subsidize the Application or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. YallaPickup reserves the right to charge you a higher fee for the Services or Application should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Site or Application. YallaPickup may compile and release information regarding you and your use of the Application or Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
- INTERNET DELAYS AND OTHER DISRUPTIONS
You will use the Site, Services, Application and Content at your own cost and risk. You are aware and accept that the Site, Application and Content may be subject to limitations, delays and other technological issues inherent to internet or electronic communications. YallaPickup shall not be responsible in any manner for any delays, delivery failures, Site or Application failures, inaccessibility or other damage resulting from these or other similar issues.
- DISCLAIMER OF WARRANTIES
YALLAPICKUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION OR ANY VEHICLE OR DRIVER REQUIRED TO BE PROVIDED IN CONNECTION WITH THE SERVICE OR APPLICATION. YALLAPICKUP DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (G) THAT YOU ARE COVERED BY ANY INSURANCE OR PROTECTED BY ANY INDEMNITY. THE SERVICES AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY YALLAPICKUP. YALLAPICKUP MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- LIMITATION OF LIABILITY AND INDEMNITY
12.1 By entering into this Agreement and using the Application or Content, you agree that you shall defend, indemnify and hold YallaPickup, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, users, customers, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of transportation services, or (c) your deliberate inaction, use or misuse of the Application or Content.
12.2 The aggregate liability of YallaPickup shall not exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding any claim event. In no event shall YallaPickup and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). YallaPickup and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the content or application, including but not limited to the use or inability to use the content or application, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or application, even if YallaPickup and/or its licensors have been previously advised of the possibility of such damages.
12.3 YallaPickup shall not be responsible nor liable for the actions, errors, omissions of the third party providers of Vehicles and you book the Vehicles at your own risk and liability.
12.4 YallaPickup may introduce you to third party transportation providers for the purposes of linking you with transportation. We will not assess the suitability, legality or ability of any third party transportation providers and you expressly waive and release YallaPickup from any and all liability, claims or damages arising from or in any way related to the third party transportation provider. YallaPickup will not be a party to disputes, negotiations of disputes between you and such third party providers. We cannot and will not play any role in managing payments between you and the third party providers nor can we take responsibility for the decisions you make regarding services offered via the Application or Services (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such third parties and you expressly waive and release YallaPickup from any and all liability, claims, causes of action, or damages arising from your use of the Site, Application or Content, or in any way related to the third parties introduced to you by the Site, Application or Content.
YallaPickup may give notice by means of a general notice on the Services, electronic mail to your email address on record in YallaPickup's account information, or by written communication sent by first class mail or pre-paid post to your address on record in YallaPickup's account information. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to YallaPickup (such notice shall be deemed given when received by YallaPickup) at any time by any of the following: letter sent by confirmed facsimile to YallaPickup at the following (whichever is appropriate):
Letter delivered by internationally recognized courier to YallaPickup at the following address:
Dubai Technology Entrepreneurs Center-
Dubai Silicon Oasis
P.O. Box 6009, Dubai, United Arab Emirates
Fax: +971 4 501 5200
Email to: email@example.com
This Agreement may not be assigned by you without our prior written approval but may be assigned without your consent by YallaPickup to a parent or subsidiary or any third party. Any purported assignment in violation of this section shall be void.
- GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. Any dispute or claim arising hereunder shall be referred exclusively to arbitration at the DIFC-LCIA by a panel of three (3) arbitrators nominated from the United Arab Emirates, under the rules of the DIFC-LCIA in the Arabic language with the seat in Dubai PROVIDED ALWAYS that YallaPickup reserves the right to bring legal action against any User in the country of residence or nationality of the User.
16.1 If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
16.2 The failure of YallaPickup to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by YallaPickup in writing.
16.3 This Agreement comprises the entire agreement between you and YallaPickup and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between us regarding the subject matter of this Agreement.