Yango – General Terms

1. PURPOSE

These General Terms (“General Terms”) set forth the general terms and conditions applicable to the business relationship between RideTechnology Global FZ-LLC ("Yango," "We," "Us," "Our", etc.) and You, as a Driver ("You" or "Driver"), utilizing the Yango Services for Your professional activities, each individually referred to as a "Party" and collectively as the "Parties".

The business relationship between You and Us is governed by the Terms as defined in Section 18 of these General Terms. These General Terms are incorporated into each document referenced therein and form its integral and binding part, as well as of any business relationship between You and Us, its establishment, or the possibility thereof.

Your engagement in any business relationship with Us, including Your access to and use of Yango Services, is strictly conditioned upon Your prior unconditional acceptance of the Terms by clicking 'I have read, understood, and accept all of these Terms.'

If You do not agree to any provision of these General Terms, You must not engage in any relationship with Us or initiate any discussions regarding such a relationship. By engaging in any such relationship or using the Yango Services, You expressly acknowledge and agree to be bound by these General Terms in their entirety.

2. CHARACTERISTICS OF THE RELATIONSHIP BETWEEN YANGO AND THE DRIVER

i. Nature of the Relationship

  • The relationship between Yango and You is strictly commercial and based on the principle of independent contractors.

ii. What the Relationship Does Not Constitute

a. Acceptance of any terms by You does not create a relationship of employment, partnership, joint venture, or any similar association. Yango does not exercise any degree of control over You.

b. You are not authorized to act as an employee, agent, or representative of Yango. Furthermore, You are not permitted to enter into agreements or commitments on behalf of Yango or create an impression that such a relationship exists.

3. YOUR REPRESENTATIONS & WARRENTIES

By accepting these General Terms and using Yango Services, You declare that You meet all requirements outlined below:

  • Legal capacity: You have the full legal capacity and the right to enter into any Agreement with Yango.

  • Authorisations: You are required to hold all necessary licenses, permits, authorizations, insurances, and other documents mandated by applicable laws and regulations to conduct business activities, provide Transportation Services, use Yango Services and render any services to Yango under Your agreements with Us. These documents must remain valid at all times.

  • Special status: If you are required to obtain special status in order to provide Transportation Services in a professional manner (e.g., registering as a self-employed person), you must have obtained such status and comply with the other legal formalities of the country in which you provide the services.

  • Understanding: You have read, understood and agree to be bound by these General Terms.

  • Personal use: Only You can access Your Yango Pro account, and should keep its credentials confidential. Never give access thereto or transfer it to any third parties.

  • Good faith use: You will always act in good faith and not attempt to obstruct or defraud the Yango Platform. All information You have provided to us is accurate, correct, and complete, and You warrant to keep it always updated.

  • Legal use only: You will not use Yango Services for unauthorised or illegal purposes.

If You do not always comply with these representations & warranties, Your access may be suspended and/or our agreements terminated.

4. PROMOTIONAL MATERIALS

From time to time, We may provide You with Promotional Materials, which may include Yango Marks. For example, We may provide You with stickers to indicate that You provide Transportation Services through the Yango Platform. You are responsible for the following in relation to these Promotional Materials:

i. Permits and approvals: Obtain all necessary permits and (or) approvals required by applicable laws for placing / using them.

ii. Compliance with laws and safety: Ensure that promotional materials are placed in full compliance with the applicable laws, including all technical regulations and should not pose a threat to people’s or traffic safety (e.g., do not obstruct visibility, etc.).

iii. Placement and use: Particular terms and other details of the Promotional Materials placement and terms of their use will be communicated to You by Us separately, and You must always adhere to them.

iv. Maintenance: Ensure that promotional materials are in good condition and notify Yango if they become unreadable and require restoration and (or) replacement.

v. Supervision of use of Promotional Materials: Yango may supervise Your use of promotional materials and request You to provide photos, request removal / replacement or other actions in relation to promotional materials.

vi. Use of Yango Marks: To enable Your use of the Promotional Materials, We grant You a non-exclusive, non-transferable license to use the Yango Marks included within them, provided that You comply fully with all applicable terms and conditions outlined in our Agreement(s) and/or with the instructions for the use of Promotional Materials provided by Yango.

You are strictly prohibited from using the Yango Marks in any manner that has not been explicitly authorized by Yango. Any unauthorized use of the Yango Marks may result in the suspension of our agreements until such use ceases, or even the termination of all agreements in effect. Additionally, Yango reserves the right to pursue any other legal remedies available to protect its intellectual property.

At Yango’s request, you must immediately remove all materials containing Yango Marks and completely cease their use.

5. PAYMENTS

i. Your Agent: All settlements between the Parties will be made to the Agent You selected during registration in the Yango Pro App. Once the payment has been made to Your Agent, it is Your responsibility to claim the funds from the Agent in accordance with the terms of Your contract with them.

ii. Minimum payment threshold: Yango will transfer the payment directly to Your Agent once the threshold of your Yango Pro Account balance is reached. This threshold will be specified in other agreements concluded between the Parties, where applicable.

iii. Completion of payment: Payments made by Yango are considered completed when the corresponding amount is debited from Yango settlement account.

iv. Third Party payment authorisation: Yango may authorize a third party to make any payment due to You, without prior notice or Your consent. Such payment from third party shall be considered a full discharge of Yango’s payment obligations under our Agreement(s).

v. Incorrect bank details: If We are unable to transfer the payment due to missing or incorrect bank account details, We will retain such payments up to 200 calendar days. After that time, Your claim for payment of these funds will expire.

vi. Currency: The currency of payments between the Parties will be the Country Currency indicated in the relevant Terms, in relation to which the corresponding payment is made. The amounts, expressed in the Currency, which shall be transferred to You, will be calculated at the Official Rate effective on the date of the transfer.

vii. No deductions: You must transfer all the amounts due to Us in full, without deduction of any taxes, charges, and (or) other payments.

viii. Offset: We may offset amounts payable by Us against amounts owed by You under any agreements concluded between Us, as applicable. Such offsetting does not alter the overall cost of services provided during the relevant reporting period. Any remaining balance after offset shall be settled by the Party owing the excess. In the event of a negative offset, where You owe Us money, We may suspend Your access to Yango Services until the outstanding amount is fully paid.

You accept that any amounts You owe to Yango (including Yango Commissions, etc.) may be deducted from Your balance in the Yango Pro App at any time without any prior notice.

ix. Enforcement of financial obligations: We reserve the right to enforce any of Your financial obligations to any of the Yango Group companies; in such an event, We become entitled to make a claim against You. We may set off any financial obligations You have towards Us against the financial obligations We have towards You.

6. MARKETING AND PROMOTIONS

Marketing campaigns: Yango may conduct marketing campaigns aimed at promoting Yango’s Services. For certain campaigns, You may provide Yango marketing services and receive payments from Yango as a fee. Please review our Marketing Terms for more details.

7. TAXES

i. Your responsibility: You are responsible for Your tax obligations under applicable law.

ii. Yango’s non-liability: Yango is in no way liable or responsible for Your tax obligations in connection with the Transportation Services, Yango Services and any agreement conducted between us.

iii. Indemnity: You agree to indemnify and hold Yango harmless from any tax-related claim or liability arising from Your use of Yango’s Services and any agreement concluded with Us.

iv. Sharing information with authorities: Yango may provide the tax and other state authorities access to information about Your activities upon a reasonable request.

8. PERSONAL DATA

You are informed that Yango processes Your personal information in accordance with the applicable law and Yango’s Privacy Policy available at: https://yango.com/legal/yangopro_privacy_notice.

9. LIABILITY

i. Role of Yango: i. Yango's role: Yango provides you with a technological platform that facilitates contact between you and Passengers. However, your use of the Platform, the way in which you provide transport services, your relations with Passengers arising from the contracts entered into with them for the provision of services, as well as compliance with the legal, administrative, tax and transit obligations that are applicable to you, will be your sole responsibility.

ii. Availability and continuity of the Platform: Yango will use reasonable efforts to keep the Platform operational; however, it does not guarantee its availability or uninterrupted, continuous or error-free operation 24 hours a day, 7 days a week. Yango may suspend, limit or interrupt all or part of access to the Platform when necessary for reasons of maintenance, updating, security, fortuitous event, force majeure or by mandate of a competent authority.

iii. Yango's Liability: In the event that, under applicable law, Yango is liable to You for a proven damage that results directly and immediately from an act or omission attributable to Yango, You agree that Yango's maximum aggregate liability will be limited to one hundred percent (100%) of Yango's commission for the twelve (12) months prior to the date of filing of your claim. Notwithstanding the foregoing, in no way shall Yango be liable to You for any special, punitive, indirect or consequential damages, including, but not limited to, loss of opportunity, loss of future business, loss of expected profits or loss of profits, where such damages do not arise directly and immediately from a fault attributable to Yango. This limitation shall not affect rights that cannot be subject to limitation by statutory mandate.

iv. Your Responsibility: You agree to comply, in addition to this Agreement, with all applicable regulations applicable to the use of the Platform and the activities You carry out through it or on the occasion of it, including, but not limited to, the legal, administrative, tax, municipal and traffic regulations in force in the territory where you provide the service. You must refrain from non-compliance and, if any occurs, you must stop and remedy it immediately when you become aware of it or when you receive a request from Yango or the competent authority.

You shall refrain from incurring in any breach of this Agreement or of any laws and regulations applicable to the use of the Platform and to the activities you carry out through or in connection with it and, should any breach occur, you must stop it and remedy it immediately upon becoming aware of it or upon receiving a request from Yango or from the competent authority.

You shall indemnify and hold harmless Yango against any claims, losses (direct or indirect), damages, loss of profits, expenses, penalties or fines, including, but not limited to, passenger claims and requests or penalties from administrative or judicial authorities, that Yango may suffer as a result of: (i) Your provision of the transportation services; (ii) Your use of the Platform; or (iii) your breach of this Agreement or applicable law. In the event of any claim against Yango related to the transportation services, marketing services or any other service that you have provided through the Platform or on the occasion of its use, you shall fully refund such amounts within five (5) calendar days of receipt of Yango's request, the latter being entitled to offset such amounts against any sum that may be payable to You.

10. TERM AND TERMINATION

i. Suspension and termination: Yango may suspend Your access to Yango Services and/or terminate any agreement between us with immediate effect at any time and without prior notice if Yango reasonably determines that You are in breach of any agreement concluded between us, in violation of applicable law, or causing harm to Yango’s brand or reputation. Yango will notify You of the termination of the agreement via the Yango Pro App.

You have the right to question and provide an explanation regarding Your non-compliance with the terms or applicable law. While Yango may consider Your reasons, it is under no obligation to reinstate the terminated agreement or restore Your access to Yango Services.

ii. Termination Without Cause

a. Yango may terminate this Agreement at any time and without cause, by providing You with a prior written notice at least 1 calendar days in advance.

b. You may entirely terminate this Agreement at any time and without cause, by providing Yango with a prior written notice at least 1 calendar day in advance.

11. CONFIDENTIAL INFORMATION & PUBLICITY

i. What is Confidential Information? Any information exchanged by the parties in connection with any agreement or their business relationship and others related to them are Confidential Information.

ii. You are not allowed to use this Confidential Information except for purposes of complying with the concluded agreements. You may not share Confidential Information with anyone without Yango’s prior written consent.

iii. The following is not considered Confidential Information:

a. Yango may terminate this Agreement at any time and without cause, by providing You with a prior Notice at least 1 calendar days in advance.

b. You may entirely terminate this Agreement at any time and without cause, by providing Yango with a prior Notice at least 1 calendar day in advance.

iv. Public announcements: You may not make or authorize any public announcement or communication regarding any agreement concluded between us (including details of its compliance) without Our prior written approval.

12. INTELLECTUAL PROPERTY OWNERSHIP

All copyrights and trademarks, including source code, databases, logos and visual design, are owned by Yango or other Yango Group entities and are protected by law. You do not acquire any ownership rights to any intellectual property made available to You by Yango or other Yango Group entities under any commercial agreement concluded between us.

13. VARIATION

We reserve the right to vary the Terms, as well as these General Terms, at any time by uploading a revised version to the Yango website. If You do not agree with the changes, You must terminate the agreements concluded between us by ceasing to use Yango Services and closing Your Yango Pro Account. If You continue to use Yango Services, it means that You agree to the changed Terms.

14. ANTI-CORRUPTION POLICY

i. The Parties hereby acknowledge and confirm that they have adopted a policy of zero tolerance to bribery and corruption. Corrupt practices, such as facilitation of payments, are completely banned.

ii. The Parties, their affiliates, employees, as well as intermediaries and representatives directly or indirectly involved in the performance of obligations of the Parties (including agents, commission agents, customs brokers and other third parties) shall not accept, pay, offer to pay and allow (authorize) the payment/acceptance of any funds or transfer of any benefits (including intangible), directly or indirectly, to/from any persons for the purpose of influencing the actions or decisions with the intention to obtain any improper advantage, including bypassing the procedure established by the laws, or pursuing other illegal purposes.

iii. Either Party may terminate the Agreement in case the other Party violates the obligations stipulated by this clause, by Notice and without recourse to the courts. The Contract shall be terminated upon 10 calendar days from the date of the receipt of such Notice by the Party.

iv. If a Party suspects that this clause has been or might be violated, the concerned Party shall immediately notify the other Party of its suspicions in writing on the following addresses:

a. To notify Yango: hotline@ethics.online

b. To notify Driver: address indicated in the contract details.

15. APPLICABLE LAW AND DISPUTE RESOLUTION

i. This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to the conflict of law provisions.

ii. Any dispute, difference, controversy or claim arising out of or in connection with this this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat of arbitration shall be Dubai, United Arab Emirates. The language to be used in the arbitration shall be English. Prior to initiating any legal proceedings, the Parties agree to undertake mandatory pre-trial amicable negotiations in an earnest effort to resolve the Dispute, during which neither Party shall initiate legal proceedings in relation to the Dispute. The Parties shall use their best efforts to engage in good faith negotiations with the intention of resolving the Dispute amicably.

16. ADDRESSES AND DETAILS OF THE PARTIES

Unless expressed otherwise in any agreement concluded between the Parties, any notice or communication should be sent to the following addresses:

a. To You: through Your Yango Pro account or using the contact details therein.

b. To Yango: RideTechnology Global FZ-LLC (License number: 101640). Free Zone Limited Liability Company (FZ-LLC). Address at 101, First floor, Bld. 4, Dubai Internet City, Emirate of Dubai, the UAE.

E-mail: support@yango.com or via Yango Pro App.

You must keep Your Yango Pro account and information updated and notify Yango immediately of any changes.

17. MISCELLANEOUS

i. Severability: If any provision in our agreements is found to be unenforceable, it will be replaced with a provision that best reflects its original intent and economic effect.

ii. Assignment: You may not assign or transfer any part of our agreements without Yango's prior written consent. However, Yango may assign or transfer our agreements without Your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Yango’s equity, business or assets; or (iii) a successor by merger.

iii. Entire agreement: Our agreements represent the complete understanding between us regarding their subject matter, replacing any prior agreements or discussions on the same topic.

iv. Interpretation: In our agreements, the terms “including” and “include” mean “including, but not limited to.”

18. TERMS AND DEFINITIONS

The following list applies to the terms defined in these General Terms, as well as any Agreement into which these General Terms are incorporated:

  • Agent: Refers to a third-party entity listed in the Yango Pro App, selected by You during registration, to facilitate administrative tasks and financial settlements related to Yango Services or Marketing Services. The Agent acts as Your representative for processing payments and resolving other operational matters as required under our agreements.

  • Agreement(s): Refers to the contractual agreements formed between You and Yango after Your acceptance of the applicable Terms in the Yango Pro App.

  • Terms: refer to the specific contractual provisions that govern the relationship between You and Yango. These include, but are not limited to:

  • Cashless Payments: if available, these will include bank card payments, carrier billing and other payment methods processed by a third-party payment service providers engaged by Yango to collect the Fare on Your behalf.

  • Country Terms: a document forming an integral part of the Terms of Service, available in the Driver Web Interface, which outlines the scope of Yango Services provided by Yango to Drivers and other commercial terms.

  • Passenger: an individual requesting / using Transportation Services through the Yango App.

  • Country: as defined in the Country Terms and Marketing Annex.

  • Country Currency: as defined in the Country Terms and Marketing Annex.

  • Currency: as defined in the Country Terms and Marketing Annex.

  • Country Language: as defined in the Country Terms and Marketing Annex.

  • Data Processing Terms: the set of terms and conditions that govern the collection, use, storage, and processing of personal data by Yango in accordance with applicable data protection laws and regulations. These terms outline the rights and obligations of the Parties concerning the processing of data and form an integral part of the agreements concluded between You and Yango.

  • Driver / You: to the individual utilizing the Yango Services to provide Transportation Services to Passengers.

  • Driver Web Interface or Driver Fleet Room: the section of the Yango Platform providing the Driver with information, statistics, and tools for managing services under the Terms of Service and the Marketing Services Terms, accessible via the Driver’s login credentials.

  • Effective Date: The date on which You accept the applicable terms in the Yango Pro App, marking the commencement of the corresponding agreement, as determined by Yango’s electronic records.

  • Electronic Report: an electronic report about the Yango Services or Marketing Services rendered in the immediately preceding Reporting Period.

  • Fare or Transfer Fare: a fee that a Passenger should pay for the Transportation Service.

  • General Terms: Refers to these General Terms, available online at https://yango.com/legal/gt_peru , the foundational terms and conditions that govern the overall business relationship between You and Yango. These terms are incorporated into and constitute an integral and binding part of all arrangements between the Parties, including the Agreement(s) listed in these General Terms.

  • General Terms of the Global Campaign for Drivers: the set of terms and conditions that govern the participation of Drivers in the global campaign organized by Yango. These terms outline the rules, eligibility criteria, obligations, and benefits associated with the campaign.

  • Marketing Annex: a document forming an integral part of the Marketing Services Terms, available in the Driver Web Interface, which outlines the scope of marketing services provided by Drivers to Yango and other commercial terms.

  • Marketing Services Terms: the terms regulating Your provision of Marketing Services to Yango, available online at: https://yango.com/legal/marketing_peru.

  • Marketing Services or Services: the services provided by You to Yango as detailed in the respective Marketing Services Terms.

  • Maximum Tariffs: The rates used to calculate the Transfer Fare, available at https://yango.com/lima/tariff/ and other city-specific pages.

  • Notice: a written communication that includes any form of word reproduction in a legible format, including (i) email, addressed to the relevant Party’s email address as specified in the Driver Web Interface, (ii) through the Driver Web Interface, and (iii) via notification through the Yango Pro App.

  • Official Rate: The official rate of conversion of the Country Currency into the Currency as established by the Central bank of the Country at a relevant date.

  • Promotional Materials: Refers to any items, assets, or content provided by Yango to You for the purpose of promoting Yango’s Services or increasing Your visibility to Passengers. These may include, but are not limited to, logos, banners, stickers, digital media, advertisements, branded merchandise, or other marketing collateral incorporating Yango Marks.

  • Reporting Period: a period of time which starts on the first day of the calendar month (or, for Your first Reporting Period, the day You accepted the corresponding agreement) and ends on the last day of a relevant calendar month (or, the day when the corresponding agreement is terminated).

  • Request: information received from a potential Passenger within Yango App on a potential demand for Transportation Services in the territory of the Country, within the coverage of the Yango App.

  • Service Brand: Yango.

  • Transportation Service(s): passenger Passenger transportation service(s) for a fee, along with related services, provided by the Driver to the Passenger upon accepting their request through the Yango Platform.

  • User: An individual who uses the Yango Application to submit a Request based on their potential demand for Transportation Services.

  • Yango: RideTechnology Global FZ-LLC, a Free Zone Limited Liability Company with the registered place of business at 104A, First floor, Bld. 12, Dubai Internet City, Emirate of Dubai, the UAE.

  • Yango App: mobile application for individuals to order rides, deliveries, as well as other services, in Your city and regulated under the Terms of Use available at https://yango.com/legal/yango_termsofuse/.

  • Yango Commission: commission and other fees You are obliged to pay to Yango for the Use of Yango Services, notified to You via Yango Pro App / Yango Pro Account.

  • Yango Pro Account: personal account created for You by Yango upon Your acceptance of the Agreements.

  • Yango Pro App: mobile application for Drivers enabling them to use Yango Services to receive Passengers’ requests for Transportation Services.

  • Yango Marks: Refers to all trademarks, service marks, trade names, logos, designs, slogans, and other brand identifiers owned by or licensed to Yango or its affiliated entities, used to distinguish Yango’s products, services, or brand, or those of any entity within the Yango Group.

  • Yango Platform or Platform: Yango’s software-as-a-service infrastructure, which includes, but is not limited to, the Yango Pro App, and other mobile or web-based software allowing automatic processing of the Passengers’ requests for Transportation Services.

  • Yango Services: Refers to a comprehensive suite of services provided by Yango, including but not limited to access to the Yango Platform for managing operations and interactions with Passengers; facilitation of Cashless Payments; provision of Passenger support services; and any additional services or functionalities that Yango may offer from time to time and as regulated in the Terms of Service.