E-Service Agreement for Yango Carlash

THIS DOCUMENT CONSTUTES AN OFFER OF RIDETECHNOLOGY GLOBAL FZ LLC TO CONCLUDE AN AGREEMENT ON THE PROVISION OF SERVICES AS DESCRIBED BELOW. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING YANGO CARLASH.

 

1. Definitions

In this E-Service Agreement for Yango Carlash the following terms an expressions shall have the following meaning:

1.1. “Account” shall mean the personal account of the Owner on Yango Carlash, which contains information about the Owner, his or her Vehicles, their status, other data needed for the use of the Service.

1.2. “Ad” shall mean Owner’s Materials provided by the Owner and placed on the Yango Carlash interface to provide the User with information on the offer of the Owner to conclude a lease agreement according on the conditions offered by the Owner.

1.3. “Agreement” shall mean this E-Service Agreement for Yango Carlash governing the use of Yango Carlash by the Owner available online at https://yango.com/legal/yango_carlash_e_service.

1.4. “Booking” shall mean a request sent by the User to the Owner made via Yango Carlash, containing information on the Vehicle, the rental period and other relevant information

1.5. “Country” shall mean Côte d’Ivoire.

1.6. “Owner” shall mean the party accepting this Agreement which may be an individual or legal entity owning a Vehicle that this individual or legal entity wants to offer for rent for ride-hailing activities by placing an Ad about it on Yango Carlash.

1.7. “Owner’s Materials” shall mean the informational materials, containing information on the Vehicle, offers to potential Tenants, including price, Vehicle pictures, descriptions of the Vehicle and other details.

1.8. “ Parties” shall mean Yango and the Owner

1.9. “Regulatory Documents” shall mean:

i. Privacy Policy as available at https://yango.com/legal/yangopro_privacy_notice/index.html

1.10. “Rent”, “Rental” or “Lease” shall mean the provision of the Vehicle to the User by the Owner for temporary possession for a fee agreed by the User and the Owner.

1.11. “User” or “Tenant” shall mean an adult internet user who has registered in the Yango Pro App, accepted the Terms and Conditions available online at https://yango.com/legal/yango_carlash_termsandconditions and wants to rent out a vehicle from the Owner to exercise ride-hailing activities.

1.12. “Vehicle” shall mean any transportation vehicle that is offered for lease by its Owner via Yango Carlash.

1.13. “Yango” shall mean RideTechnology Global FZ-LLC.

1.14. “Yango Carlash” or the “Service” shall mean the Yango Carlash electronic platform designed allowing Owners to place Ads on the Vehicles that they offer for rent and allowing the Users to have access to these Ads in order to make Bookings and further agree with the Owners on the rent of Vehicles.

 

2. General Provisions

2.1. This Agreement constitute an offer of Yango to the Owner to use Yango Carlash service in the Country.

2.2. The use of the Service by the Owner is governed by this Agreement.

2.3. By starting to use the Service / its certain functions, the Owner is deemed to have accepted to be bound by the Agreement and provisions of Regulatory Documents, in full, without any reservations and exceptions. If the Owner disagrees with any provisions of the Agreement and/or Regulatory Documents, the Owner may not use the Service.

2.4. Yango may, at any time without notice to the Owner, amend provisions hereof, and may, at any time without notice to the Owner, amend provisions of the Regulatory Documents. The current version hereof is available at: https://yango.com/legal/yango_carlash_e_sservice.

2.5. The Owner bears the risk of failure to review a new version of the Agreement and Regulatory Documents. Any continued use of the Service after the Agreement or Regulatory Documents have been changed will qualify as the acceptance of the new version.

2.6. The Owner shall stop using the Service, if he or she disagrees with any amendments to this Agreement, that Yango made as prescribed by cl. 2.4 hereof.

2.7. The Service enables the User to get free of charge access to the Ads of vehicles, that the Owners potentially want to rent out, as well as to send rental requests to the Owners, look through offers of Owners providing Vehicles for rent and search for such offers using parameters set by the User.

2.8. All currently available functions of the Service along with any developments and/or newly added functions are subject to this Agreement.

2.9. Depending on the Owner’s region, any or all functions of the Service can be inaccessible or limited. Functions are deemed to be inaccessible (limited) for the Owner from a certain region, if such Owner is unable to use them explicitly. It is prohibited to apply any technical and software-based methods to circumvent these limitations. Provisions hereof governing functions of the Service inaccessible (limited) for the Owner will apply until such functions become explicitly accessible for the Owner. Information on the accessibility of functions of the Service in a certain region shall be provided to the Owner upon his or her request sent to Yango.

2.10. For the avoidance of doubt, Yango does not provide any rental services, does not offer Vehicles for rent, does not rent out Vehicles and does not act as an agent of either User or Owner.

YOU ACKNOWLEDGE THAT YANGO DOES NOT PROVIDE ANY VEHICLE RENTAL SERVICES, DOES NOT RENT VEHICLES OR FUNCTION AS AN AGENT FOR RENTAL OF VEHICLES AND THAT ALL SUCH RENTAL SERVICES AND RENTAL OFFERS AND ADS ARE PROVIDED BY THE OWNER TO THE USERS, WHO ARE NOT EMPLOYED BY YANGO OR ANY OF ITS AFFILIATES. THE RELATIONS BETWEEN USERS AND OWNERS ON THE RENT OF VEHICLES ARE REGULATED BY RELEVANT AGREEMENTS BETWEEN USERS AND THE OWNERS, YANGO IS NOT THE PARTY OF THESE AGREEMENTS.

2.11. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the Parties, constitute either Party the agent of the other Party, or authorise either Party to make or enter into any commitments for or on behalf of the other Party. Each Party confirms it is acting on its own behalf and not for the benefit of any other person.

2.12. Yango shall not under or in connection with this Agreement and whether in contract, tort (including negligence), misrepresentation, breach of statutory duty or otherwise have any liability to the Owner for any special, punitive, indirect or consequential loss, whether or not that party had been advised of the likelihood of any such loss or damage.

2.13. Yango shall not be held liable for the content posted by Owners, for the contractual and other types of relationships arising between the User and the Owner via the Service.

2.14. All conversations the Owner holds with the support team of the Service can be recorded to control quality and improve services.

2.15. By using the Service, the Owner consents to receive promotional messages, including emails and messages. The Owner may unsubscribe from promotional messages by using relevant functions of the Service or following instructions specified in a promotional message received.

 

3. Use of the Service. Certain Functions of the Service

3.1. The Service is provided to the Owner for personal use free of charge.

3.2. Information on Vehicles and offers to rent them (hereinafter referred to as the Information) is provided by the Owners. For more information about the Owners and Vehicles the User may contact Owners directly. The User may contact the Owners or provide their contact details through the functions of the Service for the Owners to independently contact the User and provide them with information about the Vehicles offered.

3.3. Yango shall not be held liable for the content and/or relevance of information provided by the Owners, including information on the rental price and current availability of the Vehicles. The Owner shall independently (without the participation of Yango) discuss the rental of Vehicles with the Users in accordance with the Owners’ rules on the provision of services. Yango shall not be held liable for financial and any other transactions effected by the User and the Owners and for any consequences of the use of Yango Carlash and rental of Vehicles by the User from the Owner.

3.4. Yango reserves the right, at own discretion, to limit Owner’s access to the Service (or to certain functions of the Service, if technologically feasible) using the Owner's account or block the Owner’s entire account upon multiple violations hereof, or take any other measures against the Owner to respect legislative requirements or third-party rights and legitimate interests.

3.5. The Owner authorizes Yango to process personal information (including personal details) of the Owner of Yango, to transfer personal information of the Owner to Users, and to process personal information on the Owner to the Users in the Service. When the Owner turns to the Service, its personal information is transmitted to be processed under the terms and for the purposes determined in the Privacy Policy of available at: (https://yango.com/legal/yango_privacy_notice).

 

4. Governing law and dispute resolution

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

4.2. Any dispute, difference, controversy or claim arising out of or in connection with 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.

 

5. Details of RideTechnology Global FZ-LLC

RideTechnology Global FZ-LLC (License number: 101640)

Free Zone Limited Liability Yango (FZ-LLC)

104A, First floor, Bld. 12, Dubai Internet City, Emirate of Dubai, the UAE

e-mail: support@yango.com