These terms of service constitute a legally binding agreement (the “Agreement”) between you and Yanabea AlHayat Portal a company with its registered office at Opal Towers Business Bay Office 301-305 Dubai (“Yanabea”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE YANABEA PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YANABEA PLATFORM.
Your access and use of the Yanabea Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Yanabea. Yanabea may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Yanabea Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, 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, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
Yanabea may amend this Agreement from time to time. Amendments will be effective upon Yanabea’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Yanabea Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
- The Yanabea Platform
The Yanabea Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek delivery services to mosques, orphanages or any other place; the delivery of goods, products such as water cartons and/or water chillers can be matched with persons , including drivers (“Captains”) who can provide the Services. Each User shall create a User account that enables access to the Yanabea Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Captain or other third party provider to a User shall constitute a separate agreement between such persons.
Materials posted on the Yanabea Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Yanabea Platform, or by anyone who may be informed of any of its contents.
We aim to update the Yanabea Platform regularly and may change the content at any time. If the need arises, we may suspend access to the Yanabea Platform and the Services or close them indefinitely. Any of the material on the Yanabea Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
YOU ACKNOWLEDGE THAT NEITHER YANABEA NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT WATER COMPANIES &THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY YANABEA OR ANY OF ITS AFFILIATES.
Subject to your compliance with this Agreement, Yanabea grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Yanabea Platform on your personal device solely in connection with your use of the Yanabea Platform; and (ii) access and use any content, information and related materials that may be made available through the Yanabea Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Yanabea and Yanabea’s licensors.
Third Party Services and Content.
Yanabea Platform Ownership.
The Yanabea Platform and all rights therein are and shall remain Yanabea’s property or the property of Yanabea’s licensors. Neither this Agreement nor your use of the Yanabea Platform convey or grant to you any rights: (i) in or related to the Yanabea Platform except for the limited license granted above; or (ii) to use or reference in any manner Yanabea’s company names, logos, product and service names, trademarks or services marks or those of Yanabea’s licensors.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Yanabea’s various brands or request options, including transportation request brands, the logistic request brands and the e-wallet brand.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses.
It is at Yanabea’s discretion which brands or request options are made available to you.
- Use of the Yanabea Platform
In order to use most aspects of the Yanabea Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Yanabea certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Yanabea Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Yanabea’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Yanabea Platform.
Unless otherwise permitted by Yanabea in writing, you may only possess one Account.
User Requirements and Conduct.
The Yanabea Platform 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 Captains unless they are accompanied by you or another adult. It is your sole responsibility to wear helmets at all times while riding the micro-mobility product. The micro-mobility product can be reserved by you for minors provided they are over 15 years of age and are permitted to use the product in the intended way under applicable laws in your jurisdiction. You are responsible for ensuring that the minor wears a helmet at all times and that they perform safety-checks on the micro-mobility product prior to use. You must educate the minor on the laws that apply to them in their use of the product and must supervise their use at all times. You are solely and exclusively responsible for the activity of minors that you make a reservation for and their use of the micro-mobility products.
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 Yanabea Platform, and you may only use the Yanabea Platform for lawful purposes. You will not, in your use of the Yanabea Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, Restaurant Partner, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Yanabea Platform, and you agree that you may be denied access to or use of the Yanabea Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 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 Yanabea Platform (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.
Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs.
Yanabea, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Yanabea. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Yanabea reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Yanabea determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Yanabea; (iii) may be disabled by Yanabea at any time for any reason without liability to Yanabea; (iv) may only be used pursuant to the specific terms that Yanabea establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Yanabea may establish additional terms relating to specific promotions. Yanabea reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Yanabea determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User account, Yanabea may provide you with or allow you to create a “Yanabea Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captains (“Referred Captains”). Yanabea Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Yanabea Code. You are prohibited from advertising Yanabea Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. Yanabea reserves the right to deactivate or invalidate any Yanabea Code at any time in Yanabea’s sole discretion.
As part of your User account, Yanabea may provide you with access to a feature in the Yanabea application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“Yanabea Credit”); and/or (iii) transfer Yanabea Credit to or receive Yanabea Credit from other Users, against payment of any applicable Yanabea Fees and subject to any limits on the number of transfers or the amount of Yanabea Credit you can send and/or receive, which Fees and limits may be modified by Yanabea from time to time.
When transferring Yanabea Credit balance to another User, the amount transferred and the applicable Yanabea Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of Yanabea Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, Yanabea is merely enabling the transfer of Yanabea Credit balance and is no way responsible for the actions of the individual Users, including the reason for which Yanabea Credit is transferred by or to you.
You may be entitled to purchase bundles of Yanabea Credit (“Yanabea Bundles”) or you may receive trip discounts (“Trip Discounts”) or service discounts (“Service Discounts”) that you can apply toward payment of certain Services.
Yanabea Bundles, Yanabea Credits, Trip Discounts and Service Discounts are only valid for use on the Yanabea Platform, and are not transferable or redeemable for cash and may only be used for certain Services. Yanabea Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.
Additional restrictions on Yanabea Bundles, Yanabea Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. Yanabea may cancel, or vary the terms, relating to any Yanabea Bundles, Yanabea Credits, Trip Discounts or Service Discounts at any time in its sole discretion.
From time to time, Yanabea may offer you incentives to refer new Users to the Yanabea community (the “Referral Program”). These incentives may come in the form of Yanabea Credits, Trip Discounts and/or Service Discounts, and Yanabea may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
The ability to access mobile top up services is made available to you through the Yanabea Platform and is subject to change and availability. Yanabea is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the Yanabea Platform.
You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the Yanabea Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. Yanabea shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.
The top up mobile recharge cost will change depending on the denominations indicated on the Yanabea Platform. The total cost, number recharged and the relevant mobile operator will be shown on the Yanabea Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the Yanabea Platform.
- Charges and Payments
As a User, you agree to pay any amounts charged by Yanabea (the “Yanabea Fee”) (if applicable in your jurisdiction) and
After you have received Services from a Captain, water company or other independent third party provider, Yanabea: may collect any applicable Yanabea Fee directly from you. Payment of the Charges and Yanabea Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captain or other independent third party provider or to Yanabea, as applicable. Charges and Yanabea Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and Yanabea Fees paid by you are final and non-refundable, unless otherwise determined by Yanabea.
All Charges and Yanabea Fees are due immediately and payment will be facilitated by Yanabea using the preferred payment method designated in your Account, after which Yanabea as applicable, will send you a receipt through the mobile application or by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Yanabea may, on its own behalfuse a secondary payment method in your Account, if available.
As between you and Yanabea, Yanabea reserves the right to establish, remove and/or revise Yanabea Fees at any time in Yanabea’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and Yanabea Fees applicable in certain geographical areas may increase substantially during times of high demand. Yanabea will use reasonable efforts to inform you of Charges and Yanabea Fees that may apply, provided that you will be responsible for Charges and Yanabea Fees incurred under your Account regardless of your awareness of such Charges or Yanabea Fees, as applicable, or the amounts thereof.
- Restricted Activities
With respect to your use of the Yanabea Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the Yanabea Platform or the servers or networks connected to the Yanabea Platform (v) post information or interact on the Yanabea Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the Yanabea Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Yanabea Platform (x) “frame” or “mirror” any part of the Yanabea Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Yanabea Platform or any software used on or for the Yanabea Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the Yanabea Platform or access to any portion of the Yanabea Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Yanabea Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Captain shall be permitted to refuse to provide you Services or, if such Services have commenced, a Captain shall be permitted to refuse to continue to provide you Services.
- Disclaimers; Limitation of Liability; Indemnity
THE YANABEA PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YANABEA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YANABEA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE YANABEA PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE YANABEA PLATFORM, OR THAT THE YANABEA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. YANABEA AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE YANABEA PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Yanabea and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Captain Restaurant Partner, mobile operator , or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Captains or any other third party.
By using the Yanabea Platform and participating in the Services, you agree to accept such risks and agree that Yanabea is not responsible for the acts or omissions of Users, water companies, captains, mobile operators, or any other third party.
Yanabea and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the Yanabea Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Yanabea, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Yanabea Platform. Any of your information, including geolocational data, you upload, provide, or post on the Yanabea Platform may be accessible to Yanabea, selected partners and relevant Captains.
LIMITATION OF LIABILITY.
YANABEA AND ITS AFFILIATES AND ITS PARTNERS 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 YANABEA PLATFORM OR SERVICES, EVEN IF YANABEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YANABEA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE YANABEA PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE YANABEA PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF YANABEA OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YANABEA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL YANABEA’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE YANABEA PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE YANABEA PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINS BUT YOU AGREE THAT YANABEA, ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY CAPTAINS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Yanabea, its Affiliates, water companies and other partners and their 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 Yanabea Platform and the Services or services or goods obtained through your use of the Yanabea Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.
- General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, Yanabea will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, Yanabea reserves the right to offer an alternative prize of equal or greater value if circumstances beyond Yanabea’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to Yanabea’s communication within the communicated timeframe, Yanabea reserves the right to offer the prize to the next eligible Entrant. Yanabea will not be liable if the Prize does not reach the Competition Winner for reasons beyond Yanabea’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither Yanabea nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside Yanabea’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL YANABEA’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
Yanabea reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then Yanabea shall have the sole discretion to decide finally on any such matter. Yanabea’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
- Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Yanabea Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Yanabea AlHayat Portal if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Yanabea are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Yanabea and/or any of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Yanabea Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
- Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in United Arab Emirates which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Yanabea at info@Yanabea-app.com.
Yanabea may give notice by means of a general notice on the Yanabea Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Yanabea by written communication to Yanabea’s email address at info@Yanabea-app.com.
You may not assign or transfer your rights under this Agreement in whole or in part without Yanabea’s prior written approval. You give your approval to Yanabea for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Yanabea’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Yanabea or any Captain as a result of the contract between you and Yanabea or use of the Yanabea Platform.
If any provision of this Agreement 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 this Agreement but the legality, validity and enforceability of the other provisions in this Agreement 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 this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.