Terms of Use of Yango

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING YANGO SERVICE

1. GENERAL PROVISIONS

1.1. These Terms of Use (Terms) constitute an offer of CLOUD WORLD TRADING LLC, a limited liability company duly registered under the laws of the Sultanate of Oman at North Aludhaybah, Bousher, Muscat, the Sultanate of Oman (Company) to a user (User) for the provision by the Company of a ride-hailing and/or delivery informational services (Service) to the User in the Sultanate of Oman through the Yango mobile application available for download in App Store and Google Play (Application). Where the context so requires, the term “Application” shall also mean a web-interface available at https://yango.com/en_int/order/.

1.2. The provision of the Service is governed by these Terms. The Service shall include any functions of the Application which may be available for the Users from time to time. The Company processes Users personal data for the purpose of the provision of the Services as set forth in the privacy notice available at https://yango.com/legal/yango_privacy_notice/ (Privacy Notice).

1.3. By starting the use of the Service and the Application, the User is deemed to have accepted these Terms and provisions in full and without any reservations and exceptions. If the User disagrees with any provisions of the Terms or any other agreement governing the provision of the Service to which the User is a party, the User shall not use the Service and the Application.

1.4. The Company is a ride-hailing and/or delivery informational services provider whose Service enables the provision to the User of transportation services (Transportation Services) and/or delivery services (Delivery Services), in each case by third-party transportation and/or delivery services providers (Partners).

EACH USER ACKNOWLEDGES IN CONNECTION WITH THE SERVICE THAT: (I) THE COMPANY DOES NOT AND SHALL NOT PROVIDE THE USER WITH ANY TRANSPORTATION SERVICES AND/OR ANY DELIVERY SERVICES, (II) THE USER WILL BE PROVIDED WITH SUCH TRANSPORTATION SERVICES AND/OR SUCH DELIVERY SERVICES BY THE PARTNERS WHICH SHALL NOT BE AN EMPLOYEE OF THE COMPANY OR ANY OF ITS AFFILIATES, AND (III) THE COMPANY IS NOT A PARTY TO ANY AGREEMENT FOR THE PROVISION OF THE TRANSPORTATION SERVICES AND/OR THE DELIVERY SERVICES WHICH MAY BE ENTERED INTO BETWEEN THE USER AND A PARTNER.

1.5. The Service (or any part of it) may be inaccessible or limited for some time, from time to time, during which time the Terms shall still apply. The User shall not apply any technical or software-based methods to circumvent such inaccessibility or limitations. The User may get information on the inaccessibility or limitations upon request to the Company.

1.6. The Company may record correspondence and calls with the Company’s support team and/or Partners for quality control purpose.

1.7. By using the Service, the User consents to receive promotional e-mails and mobile text messages, and the User may always unsubscribe from them using the relevant features in the Application.

2. SERVICE

2.1. The Service is provided to the User for a personal non-commercial use only. The Terms shall apply only to cases where the User pays for the ride on its behalf.

2.2. The User shall contact each relevant Partner directly to inquire about the terms and conditions applicable to the Transportation Services and/or the Delivery Services, and/or any related information (e.g., Wi-Fi availability, in-cabin photo, video surveillance).

2.3. The Company shall not be responsible for the verification of information (including, but not limited to, in respect of the price of the Transportation Services and/or the Delivery Services, vehicles availability and their features) provided by the Partners to the User, and shall not be liable for any loss or damage arising out of or in connection with such information consumed, or relied upon, by the User. The User shall independently (without the participation of the Company) verify information on, and terms and conditions of, the Transportation Services and/or the Delivery Services.

2.4. The User may rate the Transportation Services and/or the Delivery Services and leave feedback on them in the Application. Such ratings and feedback may be available to public, and the Company may delete them at any time without any notice and at its own discretion.

2.5. The Company may at any time and at its own discretion terminate the Services (or part of them) to comply with applicable laws and regulations, legitimate claims and rights of third parties or following the User’s violation of the Terms.

2.6. The Transport Services shall be provided by the Partners according to the tariffs available in the Service.

2.7. If the Service supports pre-ordering Partners’ rides or delivery services in advance, the Partner will confirm the order no earlier than 30 minutes before the scheduled pick-up time. The price of such pre-ordered ride will be calculated at the time of the order is confirmed by the Partner.

2.8. For cancelation of a trip by the User, the Partner will charge a fee as follows.

2.8.1. If the User cancels a request in the Application after a vehicle has arrived, or if the User fails to arrive at the vehicle within 30 (thirty) minutes after it has arrived (taking into account the free waiting time), the cancellation fee shall be the aggregate of:

(a) the minimum cost of the trip within the corresponding tariff; and

(b) the number of minutes of waiting exceeding the number of free waiting minutes, but not more than 30 minutes, multiplied by the cost of a minute of paid waiting according to the tariff selected by the User.

2.8.2. If the User cancels a request with paid arrival in the Application three (3) minutes after the request has been confirmed in the Application, the cancellation fee shall be the aggretage of:

(a) the minimum cost of the trip within the corresponding tariff; and

(b) the cost of the paid arrival.

No fee is charged for canceling a request with paid arrival if the estimated time of the vehicle arrival has increased by more than two (2) minutes compared to the time indicated in the Application when the request was confirmed in the Application.

2.8.3. When canceling a request to the airport, city tariff is applied, with the exception of the cost of arrival, which is calculated as a vehicle arrival outside the city according to the applicable tariff.

3. DELIVERY SERVICES

Section 3 shall apply to the Delivery Services and related Service only.

3.1. The Partner will charge a fee for a trip cancelled by the User, if such cancellation took place after the courier’s arrival to the place the User had appointed. The amount of such fee is calculated the same way as the cost of service as per tariff for a period of time from when the courier actually arrived to the pick-up place or from the time of arrival specified in information the provider submitted to the User regarding the Users’ parcel ordered (whichever comes later) until the User cancelled the service. The User shall cancel the service by sending a relevant notice to the provider via the Service.

3.2. The User is considered to have cancelled the service if he or she has not delivered the shipment for delivery to the pick-up place within 10 (ten) minutes from the moment of the courier's actual arrival, taking into account waiting time specified for the corresponding tariff (if applicable).

3.3. The User is responsible for the contents of the items transferred for delivery to partners and couriers, and undertakes not to hand over for the delivery the following items:

3.3.1. narcotic drugs, psychotropic substances or toxic substances and other substances that laws prohibit their obtainment, possession, circulation or consumption, except those excluded by special provisions;

3.3.2. materials prejudicial to public order or offensive to religion or morality;

3.3.3. platinum, gold, silver, jewelry and other valuable articles of a like nature if the value exceeds the limits set by the Regulation;

3.3.4. materials that are due to their nature, packing or stacking may present risk for other postal articles or equipment or may pollute or damage them, or may impede the provision of postal services or may present risk for the staff of the service provider;

3.3.5. materials whose importation, exportation, circulation and the dealing of which are legally banned under the laws in force in Oman;

3.3.6. hand-held combat, non-military and service weapons, ammunition, spare parts and components, sports bows and crossbows, weapons designed for light, smoke and sound signals, electric weapons, electroshock devices and spark dischargers, cold bladed weapons, bludgeons, knuckle-dusters, shurikens, twigs, boomerangs and other adjusted items for striking, smashing, throwing, piercing, and cutting except for sporting equipment, special technical dual-use devices and components, fireworks, flares and ammunition;

3.3.7. medicine;

3.3.8. food;

3.3.9. nuclear materials, radioactive, superpotent, caustic, explosive and flammable substances, firing agents, pyrotechnic substances and related items, and other hazardous substances;

3.3.10. poisons, poisonous animals, poisonous substances, poisonous plants and seeds of poisonous plants;

3.3.11. the national currency and foreign currency;

3.3.12. printed publications, graphic materials, film, photo, audio and video materials containing propaganda for or promotion of violent changes of the constitutional order, destruction of national security, war, social, racial, national, religious, class and clan superiority, cruelty, violence, and pornography;

3.3.13. perishable foodwithout special package;

3.3.14. items and substances that, by their nature or due to packaging, can be a danger to the public, can contaminate or damage (destruct) other loads, surrounding people, or items;

3.3.15. animals and plants, biological materials;

3.3.16. items requiring specially equipped vehicles to be transported, including foodstuff;

3.3.17. liquids in open containers;

3.3.18. space eating items, which total length, width (two diameters or axes at the roll base) and height dimensions (subject to special exemptions) exceed 90 cm; long items over 50 cm; the weight of transferred items may not exceed 25 kg. In case of ordering a delivery service by foot courier, the size of the transferred items (width, length, height) cannot exceed 90x50x50; the weight of the transferred items cannot exceed 25kg;

3.3.19. fragile items without special packaging; and

3.3.20. any other items, which distribution is prohibited or limited in the territory of country of delivery service provision.

3.4. The Partner may set other limits on items to be delivered.

3.5. The User is aware of and confirms that, if he or she fails to meet the above requirements to items to be delivered, the User is solely responsible for all the negative effects that may occur while the Company’s partner provide delivery services. At the same time, a Partner may deny delivery services to the User, if the Partner/ representatives of the Partner discover any non-deliverable items.

3.6. The User is aware that if the items are returned as a result of the sender refusing to collect or ignoring calls, returned items might be delivered to the warehouse of partners and might be stored up to three days.

3.7. The Partner or its representative accepts shipments for delivery according to the number of packages, provided that the package of the shipment is satisfactory, without checking the internal contents by the Partner or its representative.

3.8. The User agrees that the shipment is considered delivered to the recipient, provided that the package of the shipment is intact (there are no traces of opening the package, damage to the package and other characteristic traces of physical impact).

4. PAYMENTS

4.1. The User may pay for the Transportation Services and/or the Delivery Services by choosing one of the two following options in the Application, as a case may be:

4.1.1. by cash directly to the Partner, in which case the Terms shall not apply to such payment; and

4.1.2. by bank card through the Application, provided such option is technically available at the time of the payment, in which case the Company (acting through its contractors and agents) shall act on behalf of the Partner as a limited payment collection agent to receive payments from Users for the Transportation Services and/or the Delivery Services.

4.2. The User acknowledges that the cashless payments (including refunds) are subject to rules and regulations of the banks, payment systems, Company’s contractors and agents involved. The Company makes no warranty or representation as to the quality of the cashless payments process.

4.3. To enable the cashless payments in the Application, the User shall link its bank card in the Application to the Service. To verify the bank card, the User may be requested to specify the following: bank card number, name on the card, valid-through date and verification code. All bank cards of the User which have been successfully verified shall be linked to the Service (each, a Linked Card). All Linked Cards are displayed in the Application by reference to the last 4 digits of the Linked Cards’ numbers.

4.4. As part of the Linked Card verification process, the User may be charged 0.1 OMR one time during the verification, which amount shall be immediately refunded upon the verification. The bank card will not be linked to the Service if the Company fails to cause to deduction of the said amount due to insufficiency of funds on the User’s bank card account.

4.5. In its sole discretion, the User may leave tips to the Partner using cashless payments interface in the Application. The User may pre-set a tip amount which will then apply to any further trips, unless the User chooses a different amount (or no tip) manually in the Application. Tips are not a part of the tariff and/or the price of the Transportation Services and/or the Delivery Services.

4.6. No tips shall be deducted from a Linked Card for the relevant trip, in case the User assigns a one-, two- or three-star rating to the trip and clicks “Done” in the Application within 30 minutes following the completion of such trip. In all other cases, the Linked Card will be debited for the pre-set tips amount, which may be changed by the User (i) any time before clicking the “Done” button within 30 minutes after the trip has been completed or (ii) within 24 (twenty-four) hours following the the trip completion, in case the User has not clicked the “Done” button within 30 minutes after the trip’s completion.

4.7. The User may challenge any amount of any cashless payment through the support function in the Application within 14 (fourteen) days following the payment, if the Company has been provided with such documents and information relating to the payment, in the form and substance satisfactory to the Company. Refund shall be to the same bank card used for cashless payment. The Company may refuse to arrange for the refund.

4.8. The User shall be bound by the provisions of the Yango Play cashback loyalty program terms and conditions available at https://yango.com/legal/play_loyalty_conditions (YPTC). The Company is the Partner (as defined in the YPTC), and the User may earn and utilize loyalty points, subject to the terms and conditions of the YPTC.

5. PERSONAL DATA

5.1. We process the User’s personal data for the purpose of provision of the Service. We need to process the User’s personal data to let our Users order the Service, provide customer support, control the quality and improving our Service. To learn more please see the Privacy Notice.

6. GOVERNING LAW AND DISPUTE RESOLUTION

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

6.2. Any dispute, difference, controversy or claim arising out of or in connection with this Terms, 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 Rules of Oman Commercial 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 Muscat, Oman. The language to be used in the arbitration shall be English.

7. AMENDMENT, RESTATEMENT AND TERMINATION

7.1. Each of the Terms and the Privacy Notice may be amended or restated by the Company at any time, provided the User has been notified by the Company through the Application at least five (5) business days before the amendment or restatement should take place (Notification Period). Subject to the provision of this clause 7.1, each of the Terms and the Privacy Notice shall become effective upon publication at https://yango.com/legal/yango_termsofuse/ and https://yango.com/legal/yango_privacy_notice/, respectively. If the User continues to use the Service any time after the Notification Period, the User shall be deemed as bound by the relevant amended or restated version of the Terms and/or the Privacy Notice.

7.2. The Company may terminate the Service, these Terms and/or the Privacy Notice at its convenience any time, provided the User has been notified by the Company through the Application at least five (5) business days before the proposed termination date.

8. DETAILS OF THE COMPANY

CLOUD WORLD TRADING LLC

address: North Aludhaybah / Bousher / Muscat / the Sultanate of Oman

licensed activity: CR number 1283069

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Effective date: 13 December 2024

Previous version of the document: https://yango.com/legal/yango_termsofuse/01092024/