Terms of Use of Yango Delivery

Terms of Use of Yango Delivery

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING YANGO DELIVERY SERVICE

1. General Provisions

1.1. These Terms (hereinafter referred to as the Terms) constitute an offer of Yango Delivery LLC (hereinafter referred to as Yango Delivery) to an Internet user (hereinafter referred to as the User) to use Yango Delivery service (hereinafter referred to as the Service) in United Arab Emirates.

1.2. The use of the Service by the User is governed by these Terms and Privacy Notice (https://yango.com/legal/yango_privacy_notice).

1.3. By starting to use the Service / its certain functions, the User is deemed to have accepted these Terms and provisions, in full, without any reservations and exceptions. If the User disagrees with any provisions of the Terms, the User may not use the Service. Yango Delivery may, at any time without notice to the User, amend provisions hereof, and may, at any time without notice to the User, amend provisions.

1.4. Yango Delivery enables the User to place information on the User’s potential demand for delivery services, look through offers of organizations providing services in the said field, 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 YANGO DELIVERY DOES NOT PROVIDE DELIVERY SERVICES AND THAT ALL DELIVERY SERVICES ARE PROVIDED BY THIRD PARTIES – DELIVERY SERVICE PROVIDERS, WHO ARE NOT EMPLOYED BY YANGO DELIVERY OR ANY OF ITS AFFILIATES. THE RELATIONS BETWEEN YOU AND DELIVERY SERVICE PROVIDERS ON THE ACQUISITION OF SERVICES ARE REGULATED BY RELEVANT AGREEMENTS BETWEEN YOU AND RELEVANT DELIVERY SERVICE PROVIDER, YANGO DELIVERY 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 Yango Delivery.

1.6. All conversations the User holds with the support team and delivery partners of the Service can be recorded to control quality and improve services.

1.7. 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.

2.2. Information on delivery services (hereinafter referred to as the Information) is provided by third parties (partners)- the delivery service providers. For more information about the services offered the User may contact the partners of the Service 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. Yango Delivery shall not be held liable for the content and/or relevance of information provided by the partners of the Service, including information on the cost and current availability of the partners’ benefits. The User shall independently (without the participation of Yango Delivery) discuss the acquisition of services with the partners in accordance with the partners’ rules on the provision of delivery services. Yango Delivery shall not be held liable for financial, and any other transactions effected by the User and the partners and for any consequences of the acquisition of the partners’ services by the User.

2.4. The User may access functions of rating the services of the Service partners and commenting / leaving feedback on the Service and/or services of the Service partners. Users’ ratings and feedback are posted on the Service website and can be available on third-party websites. Yango Delivery 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. Yango Delivery reserves the right, at 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 delivery services is higher (including days before holidays, days of mass events and other cases), tariffs of the Service partners can be raised. Yango Delivery informs of higher tariffs by posting the relevant notice on the Service website or otherwise as Yango Delivery thinks fit, inter alia, by sending an information message to the User’s mobile phone number or via mobile application.

2.7. If the Service supports ordering delivery services 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 services will be calculated and indicated in the Service when the delivery services are ordered. The price may change in circumstances listed on the Service website.

2.8. The Service partner charges fees for a trip cancelled by the User, if such cancellation took place after the vehicle's or courier’s arrival to the place the User had appointed. The amount of such fees is calculated the same way as the cost of service as per tariff for a period of time from when the vehicle or 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 a service by sending a relevant notice to the provider via the Service.

2.9. The User authorizes Yango Delivery to process personal information (including personal details) of the User of Yango Delivery, to transfer personal information of the User to Yango Delivery’s partners, and to process personal information for Yango Delivery’s partners to provide services to the User in the Service. When the User turns to the Service, their personal information is transmitted to be processed under the terms and for the purposes determined in the Privacy Notice available at: (https://yango.com/legal/yango_privacy_notice).

2.10. If the User orders delivery services from Yango Delivery’s partners, the User undertakes not to hand over for the delivery the following items:

• 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;
• narcotic drugs, psychotropic substances, precursors and their analogs;
• nuclear materials, radioactive, superpotent, caustic, explosive and flammable substances, firing agents, pyrotechnic substances and related items, and other hazardous substances;
• poisons, poisonous animals, poisonous substances, poisonous plants and seeds of poisonous plants;
• the national currency and foreign currency;
• 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;
• perishable foodwithout special package;
• 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;
• animals and plants, biological materials;
• items requiring specially equipped vehicles to be transported, including foodstuff;
• liquids in open containers;
• space eating items, which total length, width (two diameters or axes at the roll base) and height dimensions (subject to special exemptions) exceed 150 cm; long items over 150 cm; the weight of transferred items may not exceed 20 kg;
• fragile items without special packaging;
• any other items, which distribution is prohibited or limited in the territory of United Arab Emirates.

The Yango Delivery’s partners may set other limits on items to be delivered.

The Yango Delivery’s partners do not provide any postal services and do not accept postal items (addressed letter correspondence, postal parcels, containers, printed publications in relevant packaging) for delivery.

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 Yango Delivery’s partner provide delivery services. At the same time, a Yango Delivery’s partner may deny delivery services to the User, if the Yango Delivery’s partner/ representatives of the Yango Delivery’s partner discover any non-deliverable items.

3. Function of cashless payment for delivery services and other services

3.1. The User can pay for delivery or other services provided to the User in accordance with the information on potential demand for the relevant service the User posted via the Service:

3.1.1. Directly to the delivery service provider (inter alia, by cash or by any other means stipulated by the said provider, if any, hereinafter referred to in these Terms and the Service interface as Cash). The said payment shall be made without Yango Delivery being involved and shall not be governed by these Terms.

3.1.2. The User can access the function of cashless payment by a Linked Bank Card (cl. 3.2 hereof); in this case, Yango Delivery acts in the name of the relevant service provider or otherwise (including directly) with an authorized payment processor, electronic money processor, or any other party to settlements involved or otherwise (including directly) (hereinafter referred to as cashless payments). In the case of cashless payments Yango Delivery receives payments as a limited payment collection agent of the delivery service provider. Yango Delivery 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 Yango Delivery acting as a payment recipient or with Yango Delivery 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 affect both one transaction for the entire cost of delivery 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 service or when the service is over.

In case of cashless payments, the User can, along with payment for delivery or other service, make an additional cashless payment to the service provider as a percentage of the cost of the paid delivery 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 Card 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 service, the amount limited to 5 AED (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 affected, 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 number 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 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 Yango Delivery 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, Yango Delivery 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 Yango Delivery is not a party to settlements made via the Linked Card, Yango Delivery can act as a body that transfers above user requests to providers, dispatch offices, or any other person being a recipient of payments under the above transactions with the Linked Card.

3.12. Yango Delivery reserves the right to require at any time that the User to confirm the details it 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 Yango Delivery thinks fit.

3.13. The provisions on the terms and procedure of payment for delivery services, specified in this Section shall not apply, when a third party pays for such services instead of the User under a separate contract Yango Delivery signed with such third party.

4. Governing law and dispute resolution

4.1. These Terms of Use of Yango Delivery arising out of or in connection with these Terms shall be governed by and construed in accordance with law of UAE, as applied in the Emirate of Dubai.

4.2. Any disputes arising out or in connection with these Terms of Use of Yango Delivery shall be decided by the competent court in DIFC courts (including Small Claims Tribunal for claims).

5. Details of Yango Delivery

Yango Delivery LLC

Place of business: UAE, Dubai, Al Suq Al Kabeer, Mohammed Saad Abdulla Al Sharif, office No. M10

Subject of business activity: Management of Transport and Delivery Orders through Online Platforms and Smart Apps. License number: 1090107

website: https://yango.delivery/ae-en/

Date of publication: 13.12.2022.