CONTRACTUAL RELATIONSHIP
These “Sayr Terms and Conditions” (hereinafter read as “Terms”) govern the access or use by you as an individual or corporate, of the Sayr, its content, products, and services made available by RAK Transport Authority along with their technology partners (hereinafter read as “RAKTA”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and RAKTA. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. RAKTA may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
RAKTA may amend the Terms related to the Services from time to time. Amendments will be effective upon RAKTA’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in the document below. RAKTA may provide to a claim processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute, or conflict, which may include an accident, involving you and a Third-Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict. RAKTA can share information with RTA or to any authority whomsoever for safety or security reasons.
THE SERVICES
The Services constitute a technology platform that enables users of Sayr to arrange and schedule transportation services with RAKTA’s Drivers or independent third-party providers of such services, including independent third-party transportation providers under agreement with RAKTA or certain of RAKTA’s affiliates (“Third Party Providers”). Unless otherwise agreed by RAKTA in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
LICENSE
Subject to your compliance with these Terms, RAKTA grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use Sayr on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by RAKTA and RAKTA’s licensors.
RESTRICTIONS
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RAKTA; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
THIRD PARTY SERVICES AND CONTENT
The Services may be made available or accessed in connection with third-party services and content (including advertising) that RAKTA does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. RAKTA does not endorse such third-party services and content and in no event shall RAKTA be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation, or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries of this contract if you access the Services using Applications developed for Apple iOS, Android, and Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
OWNERSHIP
The Services and all rights therein are and shall remain RAKTA’s property or the property of RAKTA’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner RAKTA’s company names, logos, product and service names, trademarks, or services marks or those of RAKTA’s licensors.
USER PROVIDED CONTENT
RAKTA may in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to RAKTA through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to RAKTA, you grant RAKTA a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and RAKTA’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant RAKTA the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor RAKTA’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by RAKTA in its sole discretion, whether or not such material may be protected by law. RAKTA may, but shall not be obligated to, review, monitor, or remove User Content, at RAKTA’s sole discretion and at any time and for any reason, without notice to you.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. RAKTA does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RAKTA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RAKTA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RAKTA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
RAKTA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF RAKTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAKTA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF RAKTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RAKTA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RAKTA’S REASONABLE CONTROL.
RAKTA’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT RAKTA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify and hold RAKTA and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) RAKTA’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
GOVERNING LAW
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of United Arab Emirates (UAE), excluding its rules on conflicts of laws. Any dispute, conflict, claim, or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first sought to be settled amicably. If such a Dispute has not been settled, such a Dispute can be referred to and shall be exclusively and finally resolved by United Arab Emirates (UAE) Courts.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to RAKTA’s designated agent.
GENERAL
You may not assign or transfer these Terms in whole or in part without RAKTA’s prior written approval. You give your approval to RAKTA for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of RAKTA’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, RAKTA or any Third Party Provider as a result of the contract between you and RAKTA or use of the Services. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
SCOPE AND APPLICATION
This document applies to all Sayr Users.
SECURITY AND PRIVACY POLICY
RAKTA Technologies is committed to meeting customer satisfaction and promoting secure modes of transaction of business with its customers. The obligation to protect the privacy rights of all our customers, who are using our mobile application, is of utmost importance to RAKTA
DATA COLLECTION AND DATA USAGE
RAKTA Security & Privacy policy deals with RAKTA’s guidelines related to information collection & usage of your personal information. RAKTA uses its mobile application to: – Collect personal information for the purpose of responding to a user’s request or input or completing an online transaction. If a user chooses to provide RAKTA with personal information, such as sending an e-mail to an RAKTA employee or by filling out and submitting an online form located on RAKTA’s mobile application, RAKTA may use that information to respond to the user’s message and to assist in obtaining information the user may have requested. RAKTA will not share e-mail addresses submitted by a user through RAKTA’s mobile application. – Provide electronic transaction capabilities, should a user provide any personal information and/or payment information while using RAKTA’s mobile application. Such information may be collected, processed, and disclosed to external United Arab Emirates (UAE) Government Departments to complete an online transaction and for record-keeping for such activities as billing, permits, licenses, and other business-related purposes. – Collect usage statistics for site management, such as assessing what information is of most and least interest, determining technical design specifications, and identifying system performance issues. The information does not identify you personally. The following information about your usage is collected: – The Internet domain and/or IP address from which you access the RAKTA’s mobile application; -The type of browser and operating system used to access RAKTA’s mobile application; – The date and time of the usage; – The application usage behavior
TRANSACTION SECURITY
RAKTA has secure mechanisms to protect the information provided to it by its customers. RAKTA uses state of the art encryption techniques to protect all the information identified as sensitive, or any other data that is required to be secured to meet United Arab Emirates’s federal or local government regulations.
SAFE TRANSFER OF INFORMATION
This mobile application undertakes to provide sufficient protection for the information you provide to us. We employ with our partner(s) electronic, material and legal protection measures to maintain your confidential information. Additionally, we may encrypt information classified as sensitive or data that have to be kept confidential according to statutory requirements.
PROTECTION OF PERSONAL INFORMATION
Your personal information is only available to the RAKTA employees who have a need to know it. Access to such information is only given to those qualified professionals who provide RAKTA online services consistent with your interactions with our site. There are several places throughout RAKTA mobile application that may link to other web sites / applications that do not operate under RAKTA privacy practices. We encourage users to review each site / application privacy policy before disclosing any personally identifiable information. Right to review, amend or correct personal details any user supplying us with his / her personal details is entitled to review, or amend those personal details at any time.
OTHER MOBILE APPLICATIONS AND APPLICATIONS
The privacy policy applies only to the mobile application of the RAKTA. In the event of shifting to another mobile application though the link provided at RAKTA mobile application, you should read the privacy policy of that mobile application so as to be aware of the applicable practices. RAKTA will therefore not accept responsibility or liability for any harm or loss incurred as a result of surfing that mobile application.
COMMUNICATIONS
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Communications from RAKTA, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Sayr or Services, updates concerning new and existing features on the App, communications concerning campaigns run by us or our third- party partners, and news concerning RAKTA and industry developments.
CHARGES AND PAYMENTS
As a User, you agree to pay any amounts charged by RAKTA and amounts charged by Drivers or other independent third-party provider for providing Services to you.
Charges incurred on account of services taken under the App should be paid immediately on completion of the service by way of the selected mode of payment viz. Online/ Card/ Cash payment to the Driver directly. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that RAKTA may, on its own behalf, and as the Driver’s limited payment collection agent, use a secondary payment method in your Account, if available or retry the payment at any time whatsoever.
Charges and Fees will be inclusive of applicable taxes where required by law, and the same shall be final and non-negotiable. No charges and fees charged shall be non-refundable unless otherwise determined by RAKTA.
As between you and RAKTA, RAKTA reserves the right to establish, remove and/or revise Charges/Fees at any time in RTA’s/RAKTA’s sole discretion. Charges may also be varied or revised at any time without your consent.
REPAIR OR CLEANING FEES
You shall be responsible for the cost of for damage to, or necessary cleaning of, Driver’s vehicles and property resulting from use of the Sayr under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Driver reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by RAKTA in RAKTA’s reasonable discretion, RAKTA reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Driver using any of your payment methods. Such amounts will be non-refundable.
CANCELLATION CHARGES
Cancellation charges shall be charged if an order is canceled for any reason whatsoever by the customer after the driver has accepted the Order. Fees paid by you are final and non-refundable unless otherwise determined by RAKTA. The Cancellation Charges shall be immediately deducted from the Customer’s card or Sayr Wallet after the trip is canceled, based on the mode of payment selected by the Customer. However, if the mode of payment selected is Cash, the amount shall be deducted from the Customer’s Sayr Wallet immediately. Lastly, if the customer does not have any balance on Sayr Wallet, his account shall be blocked until he clears the amount due.
USER REQUIREMENTS AND CONDUCT
Sayr is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Drivers unless they are accompanied by you or another adult.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the App, and you may only use the App for lawful purposes. You shall not, for the avoidance of doubt, use the services offered under the App to transport, facilitate, or procure the transport of illegal or banned substances or items. You will not, in your use of the App or services rendered through it, cause nuisance, annoyance, inconvenience, or property damage, whether to the Driver or Vehicle or any other party or object whatsoever. In certain instances, you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access to or use of the services, if you refuse to provide proof of identity. Failure to comply with the terms of this section or any part of the document, may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the App (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
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