Terms of Use of Yango

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This is an old version of the document, which expired on Jule 20, 2022. The current version is available at: https://yandex.com/legal/yango_termsofuse.

Terms of Use of Yango

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING YANGO.

1. General Provisions

1.1. These Terms (hereinafter referred to as the Terms) constitute an offer of MLU Africa B.V. (hereinafter referred to as Company) to an Internet user (hereinafter referred to as the User) to use Yango service (hereinafter referred to as the Service or Yango) in Zambia.

1.2. The use of the Service by the User is governed by these Terms and documents of YANDEX LLC (16, Leo Tolstoy St., Moscow, 119021, Russia):

License to Use Yandex Search Engine (https://yandex.com/legal/termsofuse),
Privacy Policy (https://yandex.com/legal/confidential).

1.3. By starting to use the Service / its certain functions, the User is deemed to have accepted these Terms and provisions of regulatory documents – License to Use Yandex Search Engine and Privacy Policy (hereinafter referred to as Regulatory Documents), in full, without any reservations and exceptions. If the User disagrees with any provisions of the Terms and/or Regulatory Documents, the User may not use the Service.

1.4. Yango enables the User to place information, free of charge, on the User’s potential demand for passenger and baggage transportation services or other services, including delivery services (if available in the country via Yango) of available transportation providers, look through offers of organizations providing services in the said fields, and search for such offers using parameters set by the User. All currently available functions of the Service along with any developments and/or newly added functions are subject to these Terms.

YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY THIRD PARTY – TRANSPORTATION PROVIDERS, WHO ARE NOT EMPLOYED BY COMPANY OR ANY OF ITS AFFILIATES. THE RELATIONS BETWEEN YOU AND TRANSPORTATION PROVIDERS ON THE ACQUISITION OF SERVICES ARE REGULATED BY RELEVANT AGREEMENTS BETWEEN YOU AND TRANSPORTATION PROVIDER, COMPANY IS NOT THE PARTY OF THESE AGREEMENTS.

1.5. Depending on the User’s region, any or all functions of the Service can be inaccessible or limited. Functions are deemed to be inaccessible (limited) for the User from a certain region, if such User 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 User will apply until such functions become explicitly accessible for the User. Information on the accessibility of functions of the Service in a certain region shall be provided to the User upon his or her request sent to the Company.

1.6. For the avoidance of doubt, the Company does not provide passenger and baggage transportation services or other services, including delivery services, and help desk services.

1.7. All conversations the User holds with the support team and drivers of transportation providers - partners of the Service can be recorded to control quality and improve services.

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

2. Use of the Service. Certain Functions of the Service

2.1. The Service is provided to the User for personal non-commercial use, free of charge.

2.2. Information on passenger and baggage transportation services or other services (hereinafter referred to as the Information) is provided by third parties (partners)- transportation providers. The list of partners is available at https://yango.yandex.com/partners. For more information about the services offered (including Wi-Fi access point availability in the cabin, in-cabin photo / video surveillance by the Company's partner, and other information), the User may contact the partners of the Service - transportation providers or provide their contact details through the functions of the Service for the partners of the Service to independently contact the User and provide them with information about the services offered.

2.3. The Company shall not be held liable for the content and/or relevance of information provided by the partners of the Service - transportation providers, including information on the cost and current availability of the transportation providers’ benefits. The User shall independently (without the participation of Company) discuss the acquisition of services with the transportation providers in accordance with the transportation providers’ rules on the provision of transportation services. Company shall not be held liable for financial, and any other transactions effected by the User and the transportation providers and for any consequences of the acquisition of the transportation providers’ services by the User.

2.4. The User may access functions of rating the services of the Service partners - transportation providers and commenting / leaving feedback on the Service and/or services of the transportation providers. Users’ ratings and feedback are posted on the Service website and can be available on third-party websites. The Company reserves the right to refuse to post any ratings / feedback and delete / block, at any time, any rating / feedback the User posted, at own discretion and without giving any reason.

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

2.6. When demand for transportation or other services is higher (including days before holidays, days of mass events and other cases), tariffs of the Service partners can be raised. The Company informs of higher tariffs by posting the relevant notice on the Service website https://yango.yandex.com or otherwise as Company thinks fit, inter alia, by sending an information message to the User’s mobile phone number or via mobile application.

2.7. Passenger and baggage transportation services as per Economy, Comfort, Business, and other tariffs available in the Service are rendered by different types of vehicles. Vehicles are ranked automatically based on vehicle performance data provided by the partners of the Service.

2.8. If the Service supports ordering rides in advance (hereinafter, "pre-ordered rides") in certain Service tariffs, the order will be available for the Service partner to confirm near the time specified by the User in the order (no earlier than 30 minutes before the pre-ordered ride is scheduled to start). The cost of the pre-ordered ride will be calculated and indicated in the Service when the ride is ordered. The price may change in circumstances listed on the Service website https://yango.yandex.com.

2.9. A transportation provider charges fees for a trip cancelled by the User, if such cancellation took place after the vehicle's arrival to the place the User had appointed. The amount of such fees is calculated the same way as the cost of trip/service as per tariff for a period of time from when the vehicle actually arrived at the pick-up place or from the time of arrival specified in information the transportation provider submitted to the User regarding the transportation of the User/Users’ parcel ordered (whichever comes later) until the User cancelled the trip/service. The User shall cancel a trip/service by sending a relevant notice to the transportation provider via the Service. A User that has not boarded a vehicle served by the transportation provider within ten (10) minutes considering no-charge waiting time specified in a respective tariff is deemed to have cancelled a trip/service, unless otherwise stipulated by the relevant transportation provider's rules or agreements between the User and a representative (driver) of the transportation provider. The cancellation fee for airport-to-city transfers is calculated as described above plus an additional fee charged for out-of-town ride as per tariff.

2.10. The User authorizes the Company to process personal information (including personal details) of the User of Service (Yango) or a person in respect of which the User places information through the Service about the potential demand for services involving the transportation of passengers and baggage, motor vehicle driving services, other transport services or courier delivery services. The User authorizes the Company to transfer such personal information to the companies that are the parts of the same group of companies with the Company, and to the partners of the Service. The User authorizes the companies that are the parts of the same group of companies with the Company and the partners of the Service to process personal information for providing the services to the User or to the person specified by the User within the Service.

3. Function of Cashless Payment for Passenger and Baggage Transportation Services and other services

3.1. The User can pay for passenger and baggage transportation services provided to the User in compliance with the information on potential demand for the relevant service the User posted via the Service:

3.1.1. Directly to a transportation provider (inter alia, by cash or by any other means stipulated by the said transportation provider, if any, hereinafter referred to in these Terms and the Service interface as Cash). The said payment shall be made without the Company being involved and shall not be governed by these Terms. The said payment method may be restricted for the delivery services (if such function is available in the User’s country).

3.1.2. If the non-cash payment is available via Services in the User’s country, the User can access the function of cashless payment by a Linked Bank Card (s. 3.2 hereof); in this case, Company acts in the name of the relevant transportation provider or otherwise (including directly) with an authorized payment processor, electronic money processor, or any other party to settlements involved and receives payments as an agent of the transportation provider or otherwise (including directly) (hereinafter referred to as cashless payments). The Company does not guarantee that the operation of the Service will be error- and failure-free in view of enabling cashless payments.

Depending on the User's region, cashless payments can be made without Company acting as a payment recipient or with Company involved as another party to settlements or a party to information exchange.

The User shall choose the relevant form of payment in the Service interface. In this respect, if it is impossible to make cashless payments for any reason (including, but not limited to temporary technical inaccessibility of this function, temporary or constant impossibility to make cashless payments using the Linked Card, insufficient funds in the Linked Card), the User undertakes to pay by Cash.

For cashless payments, it is possible to effect both one transaction for the entire cost of passenger and baggage transportation or other service and several transactions for certain parts of the cost of the service. Cashless payments can be affected by any of the above means during the trip/service or when the trip/service is over.

In case of cashless payments, the User can, along with payment for passenger and baggage transportation or other service, make an additional cashless payment to the transportation provider as a percentage of the cost of the paid passenger and baggage transportation or other service (hereinafter referred to in these Terms and the Service interface as Tips) as they think fit.

3.2. The User shall specify the Linked Bank Card in the Service interface indicating the following details:

Bank card number
Valid through
Verification code

If the bank card details are true, valid and it is technically feasible to use this card in the Service, the said bank card becomes the Linked one and can be used for cashless payments (cl. 3.1.2 hereof). All Linked Cards are displayed in the Service interface; for the User’s convenience, the interface displays the last 4 digits of the Linked Card number.

3.3. When a Linked Card is added and when the User chooses the function of cashless payment for a certain trip/service, the amount limited to RUB 5 (or any other amount in the User’s region currency) will be charged to confirm that the Linked Card details are true and valid; if the transaction is successfully effected, the said amount will be refunded to the User. Failure to charge the said amount means that it is impossible to add this Linked Card and/or the function of cashless payment is unavailable, respectively.

3.4. When adding the Linked Card and at any time after it was added, the User can set and/or change the default amount of Tips via the Service interface; the User can change the amount of Tips for a certain trip/service in the Service interface, when the trip/service is over.

3.5. Tips (in the default amount or in the amount specifically indicated by the User for a certain trip/service) will be charged from the Linked Card, if the User, within 30 minutes after the trip/service is over, assigns a high rating to the trip (4–5 stars) in the Service interface and clicks "Done" or assigns neither high nor low rating to the trip/service (specifies no number of stars) and clicks "Done".

3.6. If within 30 minutes after the trip/service is over the User assigns a low rating to the trip/service (1–3 stars) in the Service interface and clicks "Done", no Tips will be charged from the Linked Card.

3.7. If within 30 minutes after the trip/service is over the User did not click "Done", the amount of Tips (in the default amount or in the amount specifically indicated by the User for a certain trip/service) will be blocked in the Linked Card for 24 hours, during which the User can increase or reduce the amount of Tips for this trip/service. When the said time expires, the Tips will be charged in the amount specified by the User (by default or specifically for this trip/service).

3.8. User's cashless payments shall be made with an authorized payment processor or electronic money processor involved and shall be governed by rules of international payment systems, banks (including the bank that issued the Linked card), and other parties to settlements.

3.9. When indicating their details pursuant to cl. 3.2 hereof and further using the Linked Card, the User confirms and guarantees that they indicated reliable and full information on the valid bank card issued in their name; they comply with rules of international payment systems and requirements of the bank that issued the Linked Card, inter alia, in relation to the procedure of cashless payments.

3.10. The User understands and agrees that all actions performed in the Service using the mobile phone number confirmed by the User, inter alia, cashless payments with the use of the Linked Bank Card, are deemed to be performed by the User.

3.11. If the User disagrees with the fact and/or the amount of cashless payments and has any other questions on how to use the Linked Card in the Service, they may contact Company by phone numbers specified by the Service and/or via the help desk (feedback) interface within 14 days from the date of cashless payments or any other actions or events that prompted the request.

If, following the inspection caused by such a request, Company decides to refund the amount of cashless payment, in whole or in part, the said amount shall be refunded to the bank account of the bank card the cashless payment was made with. The refund shall be made with an authorized payment processor or electronic money processor involved and governed by rules of international payment systems, banks (including the bank that issued the Linked Card), and other parties to settlements. If Company is not a party to settlements made via the Linked Card, Company can act as a body that transfers above user requests to transportation providers, dispatch offices, or any other person being a recipient of payments under the above transactions with the Linked Card.

3.12. Company reserves the right to require at any time that the User confirm the details they specified in the Service, including the details of the Linked Card, and request supporting documents in this regard (in particular, identity documents); failure to provide these documents may qualify as the provision of unreliable information and have implications stipulated by cl. 2.5 hereof, if Company thinks fit.

3.13. The provisions on the terms and procedure of payment for passenger and baggage transportation or other services, including delivery services, specified in this Section shall not apply, when a third party pays for such transportation or other services instead of the User under a separate contract Company signed with such third party.

4. Governing law and dispute resolution

4.1. These Terms of Use of Yango arising out of or in connection with these Terms shall be governed by and construed in accordance with law of the Netherlands, without regard to its conflict of law provisions.

4.2. Any disputes arising out or in connection with these Terms of Use of Yango shall be decided by the competent court in The Netherlands, unless mandatory conflict of laws provisions provide otherwise.

5. Amendments to the Terms and Regulatory Documents

5.1. This Terms may be unilaterally amended by the Company and Regulatory Documents may be unilaterally amended by Yandex LLC, at any time without notice to the User. User notification of the amendments introduced to the Terms of Use of Yango posted at: https://yandex.com/legal/yango_termsofuse. The said amendments to the Terms shall come into effect from the date of their publication, unless otherwise specified in the relevant publication. The User bears a risk of failure to review a new version of the Terms and Regulatory Documents. Any continued use of the Service after the Terms or Regulatory Documents have been changed will qualify as the acceptance of the new version.

5.1. The User shall stop using the Service, if he or she disagrees with any amendments to these Terms Company made as prescribed by s. 5.1 hereof.

5. Terms and restrictions of marketing benefits and campaigns

The terms and restrictions presented in connection with advertisements and campaigns of Yango are always applied to such advertisements and campaigns. Additionally, to each advertisement or campaign are applied the terms and restrictions concerning it, presented in address yango.yandex.com/legal/za.

6. Details of MLU Africa B.V.

MLU Africa B.V. (registration number 74474332)

Private Limited Liability Company

Schiphol Boulevard 291, 1118 BH Schiphol, the Netherlands

tel.: +31(0)202402740

fax.: +31(0)202402741

e-mail: support@yango.yandex.com

website: https://yango.yandex.com

Date of publication:29.03.2022

Previous version of the document: https://yandex.com/legal/yango_termsofuse/11032022