Terms & Conditions
SECTION A – GENERAL TERMS
These Yalla Fel Sekka Terms and Conditions of Use (“Yalla Fel Sekka Terms and Conditions”/ “Terms”) govern the access or use by you of the services including applications, websites, content etc. through any electronic device or otherwise, as the case may be (the “Yalla Fel Sekka Services” or “Services”) made available by YALLA FEL SEKKA dot com, a company incorporated under the laws of the Arab Republic of Egypt (hereinafter referred to as the “Yalla Fel Sekka” or “us” or “Company” which expression shall, unless inconsistent with the context or meaning thereof, be deemed to include its successors and assigns). Egypt is our country of domicile.
Your access and use of the Yalla Fel Sekka Services constitutes your agreement to accept and be bound by these Yalla Fel Sekka Terms and Conditions, which establishes a contractual relationship between you and Yalla Fel Sekka. If you do not agree to these Yalla Fel Sekka Terms and Conditions, you may not access or use the Yalla Fel Sekka Services. These Yalla Fel Sekka Terms and Conditions expressly supersede prior agreements or arrangements with you. Yalla Fel Sekka may immediately terminate these Yalla Fel Sekka Terms and Conditions or any Yalla Fel Sekka Services with respect to you, or generally cease offering or deny access to the Yalla Fel Sekka Services or any portion thereof, at any time for any reason whatsoever.
Supplemental terms may apply to certain Yalla Fel Sekka Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the Yalla Fel Sekka Services from time to time. Supplemental terms are in addition to and shall be deemed to be a part of the Yalla Fel Sekka Terms and Conditions. It is being clarified that, the Supplemental terms shall prevail over these Yalla Fel Sekka Terms and Conditions in the event of a conflict with respect to the Yalla Fel Sekka Services.
Yalla Fel Sekka may amend the Yalla Fel Sekka Terms and Conditions related to the Yalla Fel Sekka Services from time to time. Amendments will be effective upon Yalla Fel Sekka’s posting of such updated Yalla Fel Sekka Terms and Conditions (at this web address/platform/application as the case may be) or the amended policies or supplemental terms on the Yalla Fel Sekka Service. Your continued access or use of the Yalla Fel Sekka Services after such modifications and amendments constitutes your consent and acceptance to be bound by the updated Yalla Fel Sekka Terms and Conditions.
THE YALLA FEL SEKKA SERVICES
The Yalla Fel Sekka Services and Application and all rights therein are and shall remain Yalla Fel Sekka’s property. Neither these Yalla Fel Sekka Terms and Conditions nor your use of the Yalla Fel Sekka Services and Application convey or grant to you any rights: (i) in or related to the Yalla Fel Sekka Services and Application, except for the limited license granted below; or (ii) to use or reference in any manner Yalla Fel Sekka’s company names, logos, product and service names, trademarks or services marks or those of Yalla Fel Sekka’s licensors.
In order to use most aspects of the Yalla Fel Sekka Services, you must register for and maintain an active personal user Yalla Fel Sekka Services account (the “Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Yalla Fel Sekka certain personal information, such as your name, address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Yalla Fel Sekka Services or Yalla Fel Sekka’s termination of these Yalla Fel Sekka Terms and Conditions with you. You are responsible for all activity that occurs under your Account and Yalla Fel Sekka Wallet (defined below), and you agree to maintain the security and secrecy of your Account and Yalla Fel Sekka Wallet username and password at all times. Unless otherwise permitted by Yalla Fel Sekka in writing, you may only possess only one Account.
The Yalla Fel Sekka Services is not available for use by persons who have not attained age of 18. You may not authorize third parties to use your Account or Yalla Fel Sekka Wallet, and you may not allow persons who are under the age of 18 to receive transportation or logistics services from Third Party Service Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account or Yalla Fel Sekka Wallet to any other person or entity. You agree to comply with all Egyptian laws when using the Yalla Fel Sekka Services and you may only use the Yalla Fel Sekka Services for lawful purposes and you shall be subject to all criminal and civil actions under Egyptian law for any use of the Yalla Fel Sekka Services for unlawful purposes as defined by Egyptian laws and regulations. You will not, in your use of the Yalla Fel Sekka Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Yalla Fel Sekka Services, and you agree that you may be denied access to or use of the Yalla Fel Sekka Services if you refuse to provide proof of identity.
Yalla Fel Sekka is a vehicle booking service that allows users to request via a mobile app, through the web, call center, SMS or email the transportation of goods and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Yalla Fel Sekka or certain of Yalla Fel Sekka’s affiliates (the “Third Party Service Providers” or “Service Providers”). Unless otherwise agreed by Yalla Fel Sekka in a separate written agreement with you, the Yalla Fel Sekka Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT YALLA FEL SEKKA DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY YALLA FEL SEKKA OR BY ANY OF ITS AFFILIATES.
The Application allows you to send a request for a Service to a Service Provider. The GPS receiver - which should be installed on the mobile device (smart phone) on which you have downloaded the Application - detects your location and sends your location information to the relevant Service Provider. If you use any other form of vehicle booking request, Phone, SMS, email or web, the information provided by you on your location coordinates is used by Yalla Fel Sekka to relay your request to the Service Provider, who has sole and complete discretion to accept or reject each of your requests for the Services. The Service Provider also has sole and complete discretion over whether to use the Application to receive the leads generated through the Application. If the Service Provider accepts your request, the Application notifies you and provides information regarding the Service Provider - including his/her name, vehicle license number, and customer service rating - and the ability to contact the Service Provider by telephone. The Application also allows you to view the Service Provider's progress towards the pick-up point, in real time.
- We will make every reasonable effort to bring you into contact with a Service Provider in order to obtain the Services, subject to the availability of Service Providers in or around your location at the moment of your request for Services.
- FOR THE AVOIDANCE OF DOUBT, WE ARE A TECHNOLOGY COMPANY, NOT A TRANSPORTATION OR COURIER COMPANY AND WE DO NOT PROVIDE TRANSPORTATION OR COURIER SERVICES.
- We do not employ the Service Providers and we are not responsible for any acts and/or omissions of the Service Providers. The Application is simply a means to ease the search of the Services. It is up to the Service Providers to offer the Services to you and it is up to you whether to accept their offers of Services. Yalla Fel Sekka will only be offering the Application and Yalla Fel Sekka Services as a platform to put users and Service Providers in touch with each other for acquisition of the services by the users from the Service Providers through the Yalla Fel Sekka Services and Application, and Yalla Fel Sekka will not be a participant in the transaction between the Service Providers and Users; each such transaction will be a bi partite contract solely between them. Accordingly, you acknowledge and agree that Yalla Fel Sekka is not the agent of and has no authority for either the Service Providers or the users for any purpose.
- Yalla Fel Sekka’s liability is limited to the current market or declared value of the item transported. Such limits shall also apply to all forms of transportation. For intercity shipments transported by Yalla Fel Sekka’s forwarding partners, Yalla Fel Sekka’s liability is limited to the current market value or declared value, or Special Drawing Rights per kilogram (approximately LE 2.00 per kilogram).
- If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance or make its own insurance arrangements.
- Yalla Fel Sekka’s liability is strictly limited to direct loss and damage to a shipment only and to the per kilogram limits in this Section. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect and even if the risk of such loss or damage was brought to Yalla Fel Sekka's attention.
- Yalla Fel Sekka will make every reasonable effort to deliver the shipment according to Yalla Fel Sekka’s forwarding partners regular delivery schedules, but these schedules are not binding and do not form part of the contract. Yalla Fel Sekka is not liable for any damages or loss caused by delay.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring Services from the Service Provider under this Agreement.
- Only you may use your own Account and you undertake not to authorize others to use your identity or account. You may not assign or otherwise transfer your Account to any other parties. You must keep your Account password / pin code and any identification we provide you secure and confidential. In the event a disclosure is made to your pin code / passwords, howsoever, which causes any illegitimate or unauthorized uses of your Account or identity, orders generated from the illegitimate or unauthorized uses will still be deemed valid orders, unless you notify us on that matter before the Service Providers perform the requested Services.
- You may only have one YALLA FEL SEKKA Account and one Yalla Fel Sekka Wallet.Yalla Fel Sekka Credit is your fund that can only be used for the payment of the Instant Courier and Transportation services provided by the Service Provider and the fee of the Service Provider in the Personal Shopping service.Yalla Fel Sekka Credit cannot be used for the payment of the fee of the Service Provider in the Food Delivery service and food and/or goods in the Food Delivery and Personal Shopping services.
- If you are also a Service Provider, you may not use your (or other's) customer account to make an order that you will take yourself as a driver.
- You may not harm, tweak or modify the Application and/or Website or attempt to harm, tweak or modify it in any way whatsoever. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. We reserve the right to prohibit you from further using the Application should you use the Application with an incompatible or unauthorized device or for purposes other than those for which the Application is intended to be used. You undertake that you will only use an access point you are authorized to use.
- You will keep confidential and will not abuse the information you receive from using the Application. You will treat the Service Providers with respect and will not engage in any unlawful, threatening or harassing behavior or activities whilst using their services.
- The Application may not be used to find Services that are unlawful as per Egyptian laws and as previously described in this document including but not limited to, inter alia:
a) transporting and/or obtaining and/or purchasing goods prohibited by the authorities or goods that require a certain license or permit from the authority to transport;
b) delivering goods from or to prisons;
c) purchasing and/or transporting pets or any other animals;
d) transporting goods with dimensions of more than 40cm (length), 40cm (width), 40 cm(height) or goods weighing more than 12kg;
e) purchasing and/or transporting illegal goods or harmful goods or stolen goods, including but not limited, goods containing hazardous or toxic materials, drugs or illegal substances;
f) purchasing and/or transporting or delivering valuable goods or goods valued above LE 4000.
You must pack fragile goods, such as glassware, ceramics, cakes or food, properly for the delivery. Neither we nor the Service Providers are responsible for any damage, deformation, dent, expiry, decay, odor, spill or any other incompleteness of the products during their delivery which is caused by improper packaging or wrapping.
Service Providers may ask you to open and show the inside of a package to ensure that the contents are as you represented.
Service Providers may ask you to open and show the inside of a package to ensure that the contents are as you represented and as per the package picture you uploaded on the system.
You represent that you are, you were, or you are about to be the lawful owner of the goods to be delivered. The delivered goods are not stolen or obtained unlawfully, and you agree to defend, indemnify and hold us harmless and not liable for any goods that a Service Provider delivers which may violate the Egyptian laws and regulations.
You acknowledge and agree to grant the Service Providers a power and authority to pick up or deliver goods or food or make a purchase on your behalf for every order of Instant Courier service.We do not guarantee the availability of the ordered items in store/restaurant and the delivery of fragile items such as cake and ice cream.We are not responsible for the food and/or goods provided by the restaurants and/or the stores in Food Delivery and Personal Shopping services.You acknowledge and understand that the prices of food or goods shown in Food Delivery and Personal Shopping Service are estimates and may change from time to time.You agree and acknowledge that you will pay according to the receipt issued by the restaurant or store handed by the Service Provider to you in using the Food Delivery and Personal Shopping service.We or the Service Provider does not guarantee the availability of the availability of food or goods in the restaurants or stores.
We are not responsible for the quality of the goods provided by the shippers in the Instant Courier service.
Please inform us if you no longer have control of your account, e.g your account is somehow hacked or your phone is stolen, so that we can cancel your account accordingly. Please note that you are responsible for the use of your account and may be held liable even if it is abused by another person.
Customers are required to provide complete information and upload a picture regarding the type and specifications of the goods to be delivered.
YALLA FEL SEKKA does not provide specific box for shipping. Customers are responsible for properly packing the goods to be delivered. For fragile items made of glass, ceramic and includes cakes, ice cream, food and fresh flowers, it is suggested that the item is specially packaged. YALLA FEL SEKKA is not responsible for damage, deformation, dent, expiry, decay, odor, spill or any other incompleteness that occurs upon delivery of such goods.
YALLA FEL SEKKA is not directly responsible for accidents involving YALLA FEL SEKKA Service Providers. All expenses and charges that may arise on the incident would be directed to the personal responsibility of YALLA FEL SEKKA Service Providers. If there is information that can be helpful to the investigation as license plates of the motorbikes, YALLA FEL SEKKA can only help as a mediator in bringing both parties to find a solution regarding the issue.
Representations and Warranties
By using the Services, Software or the Application, you agree that you will abide by all Egyptian laws and regulations, including:
- You will only use the Services for lawful purposes.
- You will only use the Services for the purpose for which it is intended to be used.
- You are the owner of the device used and the SIM is registered and is lawfully operated in your name and you are making any reservations through our platform for your own personal use purpose and not for a third party.
- You will not use the Application for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Services, Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings.
- You will not use the Services, Application and/or Software for purposes other than obtaining the Services.
- You shall not contact the Service Provider for purposes other than the Services.
- You will not impair the proper operation of the network.
- You shall not intentionally or unintentionally cause or attempt to cause damage to the Service Provider.
- You will not try to harm the Services, Application and/or the Software in any way whatsoever.
- You will not copy, or distribute the Software or other content without prior written permission from the Company.
- You will only use the Software and/or the Application for your own use and will not resell it to a third party.
- You will keep secure and confidential your Account pin code / password or any identification we provide you which allows access to the Services.
- You will provide us with whatever proof of identity we may reasonably request or require.
- You agree to provide accurate, current and complete information as required for the Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Services at any time with or without notice.
- You will only use an access point or data account (AP) which you are authorized to use.
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service.
- You shall not impair or circumvent the proper operation of the network which the Service operates on.
- You agree that the Service is provided on a reasonable effort basis.
- You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
- You may terminate your account by informing us of your intention to cancel your account. We will try to do our best to complete the termination, including the return of your Credits (excluding the amount gained from referral or any other promotion) in 15 (fifteen) business days.
License Grant & Restrictions
Subject to your agreement and compliance with these Yalla Fel Sekka Terms and Conditions, Yalla Fel Sekka grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on your personal device solely in connection with your use of the Yalla Fel Sekka Services; and (ii) access and use any content, information and related materials that may be made available through the Yalla Fel Sekka Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Yalla Fel Sekka and Yalla Fel Sekka’s licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or Yalla Fel Sekka’s software (the “Software”) in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Services.
You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or in violation of third party privacy rights; (iii) send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
By creating an Account, you agree that the Yalla Fel Sekka Services may send you informational text (SMS) messages or such other communication through e-mail or by other electronic means including notifications as part of the normal business operation of your use of the Yalla Fel Sekka Services.
Yalla Fel Sekka may, in its sole discretion, create promotional codes that may be redeemed for Credit (defined below), or other features or benefits related to the Yalla Fel Sekka Services and/or a Third Party Service Provider’s services, subject to any additional terms that Yalla Fel Sekka establishes on a per promotional code basis (the “Yalla Fel Sekka Promo Codes”). You agree that Yalla Fel Sekka Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Yalla Fel Sekka; (iii) may be disabled by Yalla Fel Sekka at any time for any reason without liability to Yalla Fel Sekka; (iv) may only be used pursuant to the specific terms that Yalla Fel Sekka establishes for such Yalla Fel Sekka Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Yalla Fel Sekka reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Yalla Fel Sekka determines or believes that the use or redemption of the Yalla Fel Sekka Promo Code was in error, fraudulent, illegal, or in violation of the applicable Yalla Fel Sekka Promo Code terms or these Yalla Fel Sekka Terms and Conditions.
USER PROVIDED CONTENT
Yalla Fel Sekka may, in its discretion, permit you from time to time to submit, upload, publish or otherwise make available to Yalla Fel Sekka through the Yalla Fel Sekka Services such content and information, including comments and feedback related to the Yalla Fel Sekka Services, initiation of support requests, and submission (the “User Content”). Any User Content provided by you remains your property. However, by providing User Content to Yalla Fel Sekka, you grant Yalla Fel Sekka a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Yalla Fel Sekka Services and Yalla Fel Sekka’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Yalla Fel Sekka the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Yalla Fel Sekka’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Yalla Fel Sekka in its sole discretion, whether or not such material may be protected by law. Yalla Fel Sekka may, but shall not be obligated to, review, monitor, or remove User Content, at Yalla Fel Sekka’s sole discretion and at any time and for any reason, without notice to you.
Yalla Fel Sekka provides service of free online classifieds. We act as an online market place platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the application. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Yalla Fel Sekka is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Application at your own risk.
- You understand that Yalla Fel Sekka does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Yalla Fel Sekka’s domain or other means of electronic communication, whether through the Application or another Third Party source or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Application and the Service ("Content"), and that by using the Application and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
- You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Yalla Fel Sekka be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service.
- You acknowledge and agree that Yalla Fel Sekka permits such goods and services to be displayed and offered on the Application that conform with the terms stated herein, however Yalla Fel Sekka does not pre-screen or approve any Content, but that Yalla Fel Sekka has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Yalla Fel Sekka’s knowledge or for any other reason or no reason at all. Furthermore, the Application and Content available through the Application may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to Yalla Fel Sekka. If you link to Third Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies. Yalla Fel Sekka makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Website, and your linking to any other Websites is completely at your own risk and Yalla Fel Sekka disclaims all liability thereto.
- You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: i) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by Yalla Fel Sekka on the Application and that any copyrights therein belongs to Yalla Fel Sekka and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to Yalla Fel Sekka. ii) you acknowledge that the information and/or photographs that you post on the Application is stored and compiled by Yalla Fel Sekka in a proprietary database and that the uploaded information and/or photographs are modified by Yalla Fel Sekka by applying a watermark of Yalla Fel Sekka logo and in such derivate works also the copyright belongs to Yalla Fel Sekka. iii) you shall continue to, for such time the Content is available on the Application, have the necessary licenses, authorizations, consents, and permissions to use such Content on the Service and Application (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and wherever required, in such cases where you have the right, hereby authorize and license Yalla Fel Sekka to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Application and these Terms; and iv) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Application and these Terms. For clarity, by submitting any Content on the Application, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to Yalla Fel Sekka an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Application and Yalla Fel Sekka’s (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Application and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. Furthermore, by you posting Content to any public area of the Service, to the extent you retain any ownership of any rights, you agree to and do hereby grant to Yalla Fel Sekka all exclusive rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Application by any party for any purpose including the right to initiate legal action in accordance with the copyright and other laws of Egypt. You also hereby grant each user of the Application a non-exclusive license to access your Content through the Application. The foregoing license to each user granted by you terminates once you or Yalla Fel Sekka remove or delete such Content from the Application.
- Yalla Fel Sekka does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Yalla Fel Sekka expressly disclaims any and all liability in connection with user Content. Yalla Fel Sekka does not permit copyright infringing activities and infringement of intellectual property rights on the Application, and Yalla Fel Sekka may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Yalla Fel Sekka reserves the right to remove any Content without prior notice. Yalla Fel Sekka may also terminate a user's access to the Application, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Application more than twice. Further, at its sole discretion, Yalla Fel Sekka reserves the right to decide whether any Content is appropriate and complies with these Terms.
- Users are solely responsible for their job postings on Yalla Fel Sekka’s application. Yalla Fel Sekka is not to be considered to be an employer with respect to Your use of the application and Yalla Fel Sekka shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on Yalla Fel Sekka’s application. By using the Application or Software, you agree that:
a. You many not use any hyperlinks, other than those specifically authorized by Yalla Fel Sekka.
b. You may not use any misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Yalla Fel Sekka’s reasonable discretion.
c. You many not post more than one job or job description, more than one location, or more than one job category, unless the product so allows.
d. You may not post inaccurate, false, or misleading information; and material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information.
e. You may not post jobs in a manner that does not comply with applicable Egyptian, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
f. You may not post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job.
g. You may not post any job opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling.
h. You may not advertise sexual services or seek employees for jobs of a sexual nature.
i. You may not request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy.
j. You may not endorse a particular political party, political agenda, political position or issue; promote a particular religion; except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Yalla Fel Sekka reserves the right to remove any job posting or content from any user Content listed on Yalla Fel Sekka’s Services platform, which in the reasonable exercise of Yalla Fel Sekka’s discretion, does not comply with the above Terms, or if any content is posted that Yalla Fel Sekka believes is not in the best interest of Yalla Fel Sekka.
If at any time during Your use of Yalla Fel Sekka Services, You made a misrepresentation of fact to Yalla Fel Sekka or otherwise misled Yalla Fel Sekka in regards to the nature of Your business activities, Yalla Fel Sekka will have grounds to terminate Your use of Yalla Fel Sekka’s Services.
NETWORK ACCESS AND DEVICES
You acknowledge that the data network access is necessary to use the Yalla Fel Sekka Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Yalla Fel Sekka Services from a wireless-enabled electronic device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Yalla Fel Sekka Services and Applications and any updates thereto. Yalla Fel Sekka does not guarantee that the Yalla Fel Sekka Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Yalla Fel Sekka Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
PAYMENT AND REFUND TERMS
You understand that in consideration of the use of the Yalla Fel Sekka Services, you will be charged and will be required to pay for the services you receive from the Service Provider (“Charges”). After you have received services obtained through your use of the Yalla Fel Sekka Service, Yalla Fel Sekka will facilitate your payment of the applicable Charges on behalf of the Service Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Service Provider. Charges will be inclusive of applicable taxes prescribed under the law. Charges paid by you are final and non-refundable, unless otherwise determined by Yalla Fel Sekka.
All Charges are due immediately and payment will be facilitated by Yalla Fel Sekka using the preferred payment method designated in your Account, after which Yalla Fel Sekka will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Yalla Fel Sekka may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Yalla Fel Sekka, Yalla Fel Sekka reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Yalla Fel Sekka Services at any time in Yalla Fel Sekka’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Yalla Fel Sekka will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Yalla Fel Sekka may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Yalla Fel Sekka Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Yalla Fel Sekka Services or the Charges applied to you. You may elect to cancel your request for services from the Service Provider at any time prior to such Service Provider’s arrival, in which case you may be charged a cancellation fee.
The payment structure provided herein is intended to fully compensate the Service Provider for the services provided. You understand and agree that, while you are free to provide additional payment as a tip/gratuity to any Service Provider who provides you with services obtained through the Yalla Fel Sekka Service, you are under no obligation to do so. Tips/gratuities are voluntary. After you have received services obtained through the Yalla Fel Sekka Service, you will have the opportunity to rate your experience and leave additional feedback about your Service Provider.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
We accept payments online using Visa and MasterCard credit/debit card in EGP (or any other agreed currencies).
Multiple transactions may result in multiple postings to the cardholder’s monthly statement.
Refunds will be done only through the same mode of payment (e.g. Visa, MasterCard credit/debit card) you used while making your payment (“Original Mode of Payment”).
- We are not liable for any injury, death, damage or loss caused by the conduct of the Service Providers. We are also not liable for any wrongdoings, including traffic violations, or any criminal actions conducted by the Service Providers during the performance of the Services. The Service Providers are only our working partners, not our employees, agents or representatives.
- We employ appropriate and reasonable technical and security measures to keep the Application secure and virus and error free. However, as effective as this technology is, no security system is impenetrable. We therefore cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.
- The Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the Service Provider being faulty, not connected, out of range, switched off or not functioning. We are not responsible for any delays, delivery failures, damages or losses resulting from such problems.
- The quality of the Service obtained through the use of the Application is entirely the responsibility of the Service Provider who ultimately provides the Service to you.
LIMITATION OF LIABILITY; INDEMNITY DISCLAIMER: THE YALLA FEL SEKKA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YALLA FEL SEKKA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YALLA FEL SEKKA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE YALLA FEL SEKKA SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE YALLA FEL SEKKA SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YALLA FEL SEKKA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE YALLA FEL SEKKA SERVICES OR IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW.
LIMITATION OF LIABILITY
YALLA FEL SEKKA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE YALLA FEL SEKKA SERVICES, EVEN IF YALLA FEL SEKKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YALLA FEL SEKKA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE YALLA FEL SEKKA SERVICES OR YOUR INABILITY TO ACCESS OR USE THE YALLA FEL SEKKA SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF YALLA FEL SEKKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YALLA FEL SEKKA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YALLA FEL SEKKA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YALLA FEL SEKKA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES AIRSING OUT OF PROVISION OF SUCH SERVICES. IN NO EVENT SHALL YALLA FEL SEKKA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE YALLA FEL SEKKA SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED EGYPTIAN POUND (LE100).
YALLA FEL SEKKA SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH SERVICE PROVIDERS, BUT YOU AGREE THAT YALLA FEL SEKKA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Modification or Suspension of the Application or Yalla Fel Sekka Services
Yalla Fel Sekka may at any time modify, discontinue, or suspend its operation of this Website, Application, Yalla Fel Sekka Wallet or Yalla Fel Sekka Services, or any part thereof, temporarily or permanently, without notice or any liability to you. Changes will be effective when posted on the Website or Application. We may provide additional features and services and we may cease to provide any feature or service previously provided.
Severability of Agreement
If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained herein shall continue in full force and effect.
You agree to indemnify and hold Yalla Fel Sekka and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Website, Application, Yalla Fel Sekka Wallet or Yalla Fel Sekka Services; (ii) your breach or violation of any of these Yalla Fel Sekka Terms and Conditions; (iii) Yalla Fel Sekka’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Service Providers.
GOVERNING LAW AND DISPUTE SETTLEMENT
Except as otherwise set forth herein, this Agreement shall be exclusively governed by and construed in accordance with the laws of Egypt. Any and all disputes arising out of or in connection with this Agreement will be finally settled by the competent Egyptian courts.
<u>SECTION B – CAPTAINS</u>
1. About this Agreement
Please read this Agreement carefully. This is an electronic agreement and by registering for or using any part of the Services, You confirm that You have read, understood, accepted and agreed with this Agreement and will be bound by it. If You do not agree to be bound by this Agreement, You may not access or use any part of the Services. This Agreement constitutes a binding legal agreement between You, an individual driver or vehicle operator (You or Your) and YALLA FEL SEKKA dot com L.L.C., a company incorporated under the laws of the Arab Republic of Egypt, with the commercial register number 115353, located at 57 Road 250, Degla, Maadi, Cairo, Arab Republic of Egypt (YALLA FEL SEKKA). Egypt is our country of domicile.
If applicable, Your use of the Services as a User will be governed by the YALLA FEL SEKKA Terms and Conditions of Use.
2. About YALLA FEL SEKKA
YALLA FEL SEKKA is a technology services company. It provides a system to connect individual drivers or vehicle operators with Users. YALLA FEL SEKKA does not provide transportation services, nor act as a transportation carrier or provider, courier, postal services provider, delivery services provider, food and beverage supplier or operator, taxi or private hire operator, nor act as an agent for any such person or entity. All Transportation Services are provided directly by You to Users, and You act as an independent, third party contractor carrying on business on Your own account, not under the employment of YALLA FEL SEKKA.
3. Definitions and Interpretation
3.1 In this Agreement, the following terms have the following meanings:
means the registered account You obtain to access the Services.
means, in relation to a party, any entity that controls, is under the control of, or is under common control with, that party, where control means the direct or indirect ownership of more than 50 per cent of the voting capital or similar right of ownership of that party or the legal power to direct or cause the direction of the general management and policies of that party, whether through the ownership of voting capital, by contract or otherwise, and controls and controlled shall be interpreted accordingly.
means this YALLA FEL SEKKA driver services agreement, all applicable Local Terms and all applicable Specific Terms.
means all applicable laws, by-laws, enactments, regulations, regulatory policies, ordinances, protocols, industry codes, road traffic codes, regulatory permits, regulatory licenses or requirements of any court, tribunal or governmental, statutory, regulatory, judicial, administrative or supervisory authority or body, which are in force from time to time during the term of this Agreement.
means the electronic application supplied by YALLA FEL SEKKA for drivers and vehicle operators to connect with Users.
means the wallet feature within the Driver Application.
means the supplementary or alternative terms for specific countries, cities, municipalities, metropolitan areas or regions which apply to You, as made available and as updated by YALLA FEL SEKKA from time to time.
means the supplementary or alternative terms for specific countries, cities, municipalities, metropolitan areas or regions which apply to You, as made available and as updated by YALLA FEL SEKKA from time to time.
is the smartphone, tablet or other mobile device owned or controlled by You which You use to connect to the Driver Application.
####Services mean the services provided by YALLA FEL SEKKA to connect individual drivers or vehicle operators with Users, including via the Driver Application, the User Application and related software, websites, platforms, payment services and support systems. For the avoidance of doubt, the Services provided by YALLA FEL SEKKA do not include the Transportation Services themselves, as these are provided by You directly to Users.
####Service Fees is defined in Clause 9.7.
####Specific Terms means the supplementary or alternative terms which may apply to certain specific parts of the Services and/or Transportation Services, as may be notified to You from time to time.
means the territory in which You are registered to use the Services, as specified in Your Account.
####Transportation Services means the provision of transportation services, including the transportation of goods, by You to Users.
####User means a registered end user of the User Application.
####User Application means the electronic application supplied by YALLA FEL SEKKA for Users to connect with drivers and vehicle operators.
is defined in Clause 9.2.
means information about a User made available to You by or on behalf of YALLA FEL SEKKA, which may include the User’s name, pick-up location, contact information and photo.
means the vehicle You use for the purpose of providing Transportation Services. and
YALLA FEL SEKKA Credits
means the credits that Users may be entitled to use via the User Application.
3.2 In this Agreement (except where the context otherwise requires): (a) a reference to “writing” does not include email unless otherwise specified; and (b) any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. This Agreement is drafted in the Arabic language. If this Agreement is translated into another language, the Arabic language text shall in any event prevail. In the event of any inconsistency, the Local Terms shall prevail over the terms set out in this document.
4. Your responsibilities
<u>Your commitments to YALLA FEL SEKKA</u>
4.1 means the vehicle You use for the purpose of providing Transportation Services. and
4.1.1 You have full power and authority to enter into this Agreement and perform Your obligations under this Agreement.
4.1.2 You are able to operate a motor or non-motor vehicle (including the Vehicle itself) and have a valid driver’s license and all the other required licenses, approvals, authorities and consents to provide the Transportation Services in the Territory as required by Applicable Law.
4.1.3 You own, or have the legal right and authority to operate, the Vehicle, and that the Vehicle meets the applicable industry safety and maintenance standards for a vehicle of its kind, is in good operating condition, and is in a condition suitable for the provision of the applicable Transportation Services.
4.1.4 You are at least 18 years of age (or, if the age at which You are permitted to provide the Transportation Services under Applicable Law in the Territory is higher than 18, You are of at least that age).
4.1.5 You have and will maintain a valid policy of liability insurance for the operation of the Vehicle and/or business insurance to cover any anticipated losses related to the provision of the Transportation Services, in each case covering damage to You, any goods or other items, Your Vehicle, and any third parties, at a level of coverage that satisfies the minimum requirements under Applicable Law. In case of damage to the User’s goods during the Transportation Services, You are responsible for recovering the costs of damage or loss to the User. YALLA FEL SEKKA does not control, or advise You on, Your insurance arrangements, nor is it obliged to arrange the insurance on Your behalf.
4.1.6 You will comply at all times with all Applicable Laws and the Policies, and will notify YALLA FEL SEKKA if You are in breach of any Applicable Laws or the Policies; 4.1.7 You will only use the Services for lawful purposes and only for the purposes for which they are intended to be used.
4.1.6 You will comply at all times with all Applicable Laws and the Policies, and will notify YALLA FEL SEKKA if You are in breach of any Applicable Laws or the Policies.
4.1.7 You will only use the Services for lawful purposes and only for the purposes for which they are intended to be used.
4.1.8 You do not have a criminal record in the Territory or any other jurisdiction.
4.1.9 You will promptly provide YALLA FEL SEKKA with any additional documents or information requested by YALLA FEL SEKKA, including proof of identity, proof of ownership or right to use the Vehicle. You acknowledge that You may be subject to background, criminal record and driving record checks from time to time and You will cooperate with these as required by YALLA FEL SEKKA.
4.1.10 You shall ensure that any documents and information provided by You (or on Your behalf) to YALLA FEL SEKKA are at all times accurate, current, complete and not misleading.
4.1.11 You shall only use an internet access point and data account which You are authorized to use.
4.1.12 You shall not engage in any fraudulent, misleading or deceptive conduct.
4.1.13 You shall not impair or circumvent the proper operation of the network which the Services operate on. and
4.2 You are the provider of the Transportation Services and shall therefore be solely responsible for the safe, efficient and proper performance of Transportation Services using all reasonable care and skill. You shall be solely responsible for providing all necessary equipment, materials, tools and other items necessary for the safe, efficient and proper performance of the Transportation Services. You are responsible for Your own safety and the safe delivery of the User’s goods and/or items in the performance of the Transportation Services, and You shall take all necessary precautions.
<u>Your interactions with Users</u>
4.3 Your provision of Transportation Services to Users creates a direct relationship between You and the User, to which YALLA FEL SEKKA is not a party. YALLA FEL SEKKA is not responsible or liable for the acts or omissions of a User in relation to You. To the maximum extent permitted by Applicable Law, You have the sole responsibility for any obligations or liabilities to Users or third parties that arise from Your provision of the Transportation Services.
4.4 Although You are solely responsible for the Transportation Services, YALLA FEL SEKKA has the right to deal with any complaints that Users have through YALLA FEL SEKKA’s complaints handling process, or any complaints that You may have about any User. You agree to cooperate fully with such process, and to submit any complaint You may have via the Driver Application. YALLA FEL SEKKA also reserves the right, at its sole discretion, to redirect any such complaints to You directly and may choose to facilitate discussions with the User. You agree to comply with Applicable Law, the terms of this Agreement and the Policies in Your handling of such User complaints. YALLA FEL SEKKA’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.
<u>Your interactions with third parties</u>
4.5 You may have an opportunity to enter into arrangements with a third party via the Services. Any such arrangements will be solely between You and the applicable third party, and YALLA FEL SEKKA has no responsibility or liability in relation to such arrangements. YALLA FEL SEKKA does not endorse any third party providers, applications or websites that are available through the Services, and in no event shall YALLA FEL SEKKA, its licensors or any of its Affiliates be responsible for any content, products, services or other materials on or available from such third party providers, applications or websites.
5. Your Account
5.1 In order to access the Services as an individual driver or vehicle operator, You must register for and maintain an Account as a user of the Driver Application.
5.2 You are responsible for all activities conducted on Your Account. You:
5.2.1 must only have one Account.
5.2.2 must keep Your Account information (including Your login details) confidential and secure.
5.2.3 must not provide any other person with access to Your Account, including to transfer the Account or information from Your Account to any other person; and 5.2.4 must promptly notify YALLA FEL SEKKA if You suspect any unauthorized access to or use of Your Account.
5.3 YALLA FEL SEKKA reserves the right to block or deny access to Your Account, and/or block features available in the Driver Application, without prejudice to its other rights and remedies:
5.3.1 if YALLA FEL SEKKA deems, in its sole discretion, that You have violated any term of this Agreement or the Policies.
5.3.2 during an investigation.
5.3.3 if You owe any money to YALLA FEL SEKKA.
5.3.4 if the balance of Your Driver Wallet falls below the minimum threshold specified by YALLA FEL SEKKA from time to time and You fail to remedy this within 24 hours.
5.3.5 if this Agreement is terminated for any reason. and/or
5.3.6 at any other time in YALLA FEL SEKKA’s reasonable discretion.
6. Your use of the Services
6.1 Subject to Your compliance with this Agreement, YALLA FEL SEKKA and its licensors grant You a revocable, limited, non-exclusive, non-transferable, royalty-free license during the term of this Agreement and in the Territory, to access and use the Services, including the Driver Application and any information and materials provided through the Driver Application, solely for Your personal use for the purpose of connecting You with Users in respect of Transportation Services.
6.2 All rights not expressly granted to You under this Agreement are reserved by YALLA FEL SEKKA and its licensors. Nothing in this Agreement transfers any ownership in or to the Services (in whole or in part) to You.
6.3 In using the Services, You shall not:
6.3.1 license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way.
6.3.2 modify or make derivative works based on the Services, or reverse engineer or access the underlying software for any reason.
6.3.3 use the Services to build a competitive product or service, build a product using similar ideas, features, functions or graphics as the Services, copy any ideas, features, functions or graphics of the Services, or launch an automated program or script which may make multiple server requests per second, or which unduly burdens or hinders the operation and/or performance of the Services, or attempt to gain unauthorized access to the Services or related systems or networks.
6.3.4 use any application or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure, presentation or content of the Services;
6.3.5 post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or remove any copyright, trademark or other proprietary rights notices contained in the Services.
6.3.6 send or store any material for unlawful or fraudulent purposes.
6.3.7 send spam or other unsolicited messages, or otherwise cause nuisance, annoyance, inconvenience or make fake bookings.
6.3.8 send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material.
6.3.9 send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs.
6.3.10 interfere with or disrupt the integrity or performance of the Services or the data contained therein.
6.3.11 impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity.
6.3.12 deliberately misrepresent Your location; or
6.3.13 damage YALLA FEL SEKKA’s reputation in any way.
7. Your Mobile Device
7.1 Your access to the Driver Application will be through a Mobile Device. It is Your responsibility to check and ensure that You download the correct software (including the latest version of the Driver Application) for Your Mobile Device. YALLA FEL SEKKA is not liable if You do not have a compatible device or if You do not have the latest version of the software (including the latest version of the Driver Application) for Your Mobile Device.
7.2 You are solely responsible for the procurement and use of the Mobile Device including but not limited to the purchase of the Mobile Device itself.
7.3 You are solely responsible for having in place an appropriate internet and mobile plan and for any fees charged by Your telecommunications service provider, such as telephone, SMS and internet data fees. You acknowledge that Your use of the Services may consume large amounts of data and that You will be solely responsible for such usage and the associated fees.
7.4 If a Mobile Device is lost, stolen, broken and/or no longer in Your possession, and this exposes Your Account information to someone else or otherwise affects YALLA FEL SEKKA’s legal rights and/or remedies, You must immediately notify YALLA FEL SEKKA and follow the procedures notified by YALLA FEL SEKKA.
7.5 You may only access Your Account through the Mobile Device which uses the telephone number provided to YALLA FEL SEKKA during the Account registration. You must not lend, lease or transfer the Mobile Device to any other person for the purpose of accessing Your Account without YALLA FEL SEKKA’s prior written consent.
8. Your relationship with YALLA FEL SEKKA
8.1 Your relationship with YALLA FEL SEKKA is that of an independent contractor. You expressly agree that: (a) this Agreement is not an employment agreement, nor does it create an employment relationship (including from a labor law, tax law or social security law perspective), between YALLA FEL SEKKA and You, nor result in You being engaged by YALLA FEL SEKKA as a worker or a deemed worker; and (b) no joint venture, partnership, or agency relationship exists between YALLA FEL SEKKA and You. You have no authority to bind YALLA FEL SEKKA and You undertake not to hold Yourself out as an employee, agent, worker or representative of YALLA FEL SEKKA.
8.2 You acknowledge that YALLA FEL SEKKA does not, and does not seek to, exercise any general rights of control over You and Your activities. You retain the absolute discretion to accept or decline any request for Transportation Services via the Driver Application and to determine how long You wish to use the Services for. If You no longer wish to use the Services, You can choose to cease doing so at any time. You have complete discretion as to whether to use the Services. You are also free in Your absolute discretion to engage in any occupation or business of Your choosing.
8.3 If, notwithstanding Clauses 8.1 and 8.2, You are found to be an employee, agent, worker or representative of YALLA FEL SEKKA by mandatory provision of Applicable Law, You agree that any payments made to You will be taken to be inclusive of: (a) superannuation contributions; (b) social security and insurance contributions and premiums, employee insurance contributions and premiums, compulsory government saving fund contributions and equivalent contributions; and (c) amounts equivalent to all taxes (including but not limited to income taxes) payable by You in respect of those payments; and (d) equivalent or analogous payments or liabilities in any jurisdiction, in each case that YALLA FEL SEKKA may be required to pay by such mandatory provision of Applicable Law.
9. Financial Terms
9.1 Payment for Your use of the Services shall be made in accordance with Clause 9.7. The download and/or use of the Driver Application is provided for You to receive the Services and is provided on a royalty-free basis.
9.2 The Users will be charged a fee for Transportation Services, which may include:
9.2.1 a fee for each instance of Transportation Services;
9.2.2 any tolls, road-usage charges, parking charges, and building or area entrance charges necessarily incurred by You when the goods are on-board the Vehicle during (but not before or after) such provision of Transportation Services;
9.2.3 any applicable cancellation charges;
9.2.4 any applicable taxes calculated in accordance with Applicable Law; and
9.2.5 any other amounts payable by the User to You in accordance with the Yalla Fel Sekka Terms and Conditions of Use,(together, the User Fees).
As part of the Services, YALLA FEL SEKKA facilitates the User’s payment of the User Fee by calculating the fee for each instance of Transportation Services, any cancellation charges and/or taxes (as applicable), which are calculated via the Driver Application. All other charges must be manually entered by You into the notes section in the Driver Application. If You fail to enter such amounts, You may not be able to recover them. You are not entitled to agree on a User Fee with the User that is different from what is calculated via the Driver Application. You are responsible for notifying YALLA FEL SEKKA regarding any extra payment made to You by the User, excluding tips, by entering the extra amount paid in the notes section in the Driver Application.
9.3 YALLA FEL SEKKA may update the basis on which any component of User Fees is calculated via the Driver Application, at any time in its absolute discretion. Any such update will be notified to You. Any User Fees on or after the date on which the update takes effect shall be subject to the updated calculation.
9.4 You acknowledge and agree that YALLA FEL SEKKA may, to the extent permitted by Applicable Law, adjust or cancel the User Fees payable in connection with a particular instance of Transportation Services, acting reasonably (for example, where YALLA FEL SEKKA determines that there is an error in the original calculation, that You have not complied with this Agreement or the Policies, that a fee was charged when it should not have been (or vice versa), or in the case of a complaint from a User).
9.5 Users may choose to pay the User Fees by the payment methods offered via the User Application from time to time, including (where applicable) cash, credit or debit card or by using YALLA FEL SEKKA Credits, as follows:
for cash payments, Users will pay the User Fees directly to You and You are under the obligation to credit all cash-payments made to You into Your Driver Wallet by depositing them within 24 hours;
for any non-cash payments, the amount of the User Fees will be credited into Your Driver Wallet via the Driver Application within two (2) to three (3) business days.
9.6 YALLA FEL SEKKA may from time to time, in its sole discretion, offer incentive payments based on You meeting specified criteria and complying with specified conditions. You have absolute discretion as to whether or not to participate in the offer. If You do decide to participate, any incentive payments are conditional on You meeting all of the specified criteria and complying with all of the specified conditions, to YALLA FEL SEKKA’s reasonable satisfaction. If You do not do so, You may not receive the relevant incentive payments. If You receive an incentive payment, the amount of the payment will be credited into Your Driver Wallet within two (2) to three (3) business days.
9.7 YALLA FEL SEKKA will receive a service fee equal to a certain percentage of the fee component of the User Fees (which for clarity does not include any tolls, road-usage charges, parking charges, or building or area entrance charges), and any cancellation charges received or receivable by You, on a per-transaction basis, as payment for Your use of the Services (the “Service Fees”). Service Fees shall be inclusive of VAT/GST. Service Fees are non-refundable. The relevant percentage will be calculated via the Services from time to time and may be applied at any time by YALLA FEL SEKKA. YALLA FEL SEKKA may update the basis on which the Service Fees are calculated via the Services, at any time in its absolute discretion. Any such update will be notified to You. Any Service Fees payable to YALLA FEL SEKKA on or after the date on which the update takes effect will be subject to the updated calculation. As part of the Services, the system will generate a receipt for each instance of Transportation Services on Your behalf, documenting the User Fees payable by the User in each instance.
9.8 YALLA FEL SEKKA will deduct the Service Fees, as well as any amount You owe to YALLA FEL SEKKA and any other amounts YALLA FEL SEKKA is required to withhold or deduct by Applicable Law, from Your Driver Wallet, at a frequency determined by YALLA FEL SEKKA in its discretion from time to time.
9.9 You acknowledge and agree that YALLA FEL SEKKA may:
9.9.1 require You to maintain an amount of money above a certain threshold in Your Driver Wallet, as determined and specified by YALLA FEL SEKKA at its sole discretion from time to time;
9.9.2 deduct or set-off from amounts owed to You (including the User Fees) any amounts that You owe to YALLA FEL SEKKA (including the Service Fees); and
9.9.3 without prejudice to YALLA FEL SEKKA’s other rights and remedies, suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or may involve any criminal activity or where it reasonably believes You or the User are in breach of this Agreement or the Policies. In such an event, You shall not hold YALLA FEL SEKKA liable for any withholding of, delay in, suspension of, or cancellation of, any payment to You, and for this purpose, YALLA FEL SEKKA shall be entitled to deduct any amounts from Your Driver Wallet.
9.10 This Agreement shall be subject to all applicable prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any applicable future taxes that may be introduced at any point of time.
9.11 You agree that You are solely responsible for taxes on Your own income arising from Your performance of the Transportation Services. You warrant that You will perform the necessary obligations imposed by the relevant tax or revenue authority in relation to the reporting of Your income and payment of taxes on the same.
9.12 You agree that YALLA FEL SEKKA may in its sole discretion (but subject always to Clause 8) declare, collect and/or pay any relevant taxes on Your behalf, and disclose all necessary or relevant information to the relevant tax or revenue authority for such purposes. To the extent authorized or permitted under Applicable Law, YALLA FEL SEKKA shall be entitled to withhold or deduct any amounts from Your Driver Wallet for the purpose of declaring, collecting, and/or paying any relevant taxes on Your behalf.
9.13 You agree to do everything necessary and required by Applicable Law to enable, assist and/or defend YALLA FEL SEKKA to claim or verify any applicable input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services.
10. Warranties, indemnities and liability
10.1 You shall defend, indemnify and hold harmless YALLA FEL SEKKA, its licensors and each such party’s Affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
10.1.1 Your breach of any term of this Agreement or any Applicable Law;
10.1.2 Your provision of the Transportation Services;
10.1.3 Your use of the Services;
10.1.4 taxes and tax liabilities, duties, levies, claims and penalties that are imposed on You in connection with Your own income arising from Your performance of the Transportation Services or otherwise arising from Your failure to comply with Your tax obligations; and 10.1.5 any claim asserting that You are an employee, worker, agent or representative of YALLA FEL SEKKA, or if You may be deemed to be an employee, worker, agent or representative of YALLA FEL SEKKA, any claims by any other person, entity, regulator or government authority based on such implied employment, worker, agency or representative relationship, including in respect of superannuation contributions, wages, duties, withholdings, social security and insurance contributions and premiums, employee insurance contributions and premiums, compulsory government saving fund contributions and equivalent or analogous payments or liabilities in any jurisdiction, and, for this purpose, YALLA FEL SEKKA shall be entitled to deduct any amounts from Your Driver Wallet.
<u>Basis on which the Services are provided</u>
10.2 The Services are provided “as is” and “as available”. To the maximum extent permitted by Applicable Law, YALLA FEL SEKKA disclaims all representations and warranties, express, implied or statutory, save as expressly set out in this Agreement, including any warranties of merchantability, fitness for a particular purpose, reasonable care and skill and non-infringement.
10.3 Without limitation to Clause 10.2, YALLA FEL SEKKA makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free, or will operate in combination with any other hardware, software, system or data, or that any data will be accurate or reliable. YALLA FEL SEKKA does not guarantee the quality, suitability, safety or ability of third party providers. YALLA FEL SEKKA does not guarantee that Your use of the Services will generate any minimum number of requests for Transportation Services or any minimum User Fees for You. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by You or the User being faulty, not connected, out of range, switched off or not functioning. YALLA FEL SEKKA is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
<u>Exclusions and limitations of liability</u>
10.4 Nothing in this Agreement limits or excludes a party’s liability for death or personal injury caused by negligence, for fraud, or for any other liability to the extent it cannot be limited or excluded under Applicable Law.
10.5 To the maximum extent permitted by Applicable Law, YALLA FEL SEKKA shall not be liable for:
10.5.1 indirect, incidental, special, exemplary, punitive or consequential damages;
10.5.2 loss of use, lost profits, lost data, lost business, lost goodwill, lost contracts or lost opportunity; and
10.5.3 personal injury or property damage, arising from, related to or otherwise in connection with the Services or this Agreement, whether in contract, tort, breach of statutory duty or otherwise.
10.6 To maximum extent permitted by Applicable Law, in no event shall YALLA FEL SEKKA’s maximum aggregate liability arising under and in connection with the Services and/or this Agreement, whether in contract, tort, breach of statutory duty or otherwise, exceed the Service Fees paid to YALLA FEL SEKKA in connection with Your Account in the six (6) month period immediately preceding the event giving rise to the claim.
10.7 Any claims You have against YALLA FEL SEKKA under or in connection with the Services or this Agreement must be notified to YALLA FEL SEKKA within one year after the events giving rise to such claim, failing which (to the maximum extent permitted by Applicable Law) You will forfeit any rights and remedies You have in respect of such claim.
11. Term and termination
11.1 This Agreement shall continue until terminated in accordance with its terms.
11.2 YALLA FEL SEKKA may terminate this Agreement:
11.2.1 at any time for any reason by giving notice to You.
11.2.2 immediately, with or without notice, if You are in breach of any term of this Agreement, without prejudice to YALLA FEL SEKKA’s other rights and remedies. and
11.2.3 immediately, with or without notice, if You are in breach of any other agreement with YALLA FEL SEKKA.
11.3 You are under no obligation to use the Services and may cease using them at any time in Your sole and absolute discretion by permanently deleting the Driver Application from Your Mobile Device, thus disabling Your use of the Driver Application. This Agreement is automatically terminated when You permanently delete the Driver Application from Your Mobile Device.
11.4 On termination or expiry of this Agreement for any reason, You shall:
11.4.1 immediately delete and fully remove the Driver Application from Your Mobile Device.
11.4.2 immediately cease using the Services (save to the extent that You are permitted to use the User Application as a User pursuant to the User Agreement). and
11.4.3 promptly (and in any event within three days), pay any money owed to YALLA FEL SEKKA (which shall become immediately due and payable on termination or expiry) (and, for this purpose, YALLA FEL SEKKA shall be entitled to deduct the relevant amount from Your Driver Wallet).
11.5 The parties shall have no further obligations or rights under this Agreement after termination or expiry of the Agreement, without prejudice to any obligations or rights which have accrued to either party at the time it is terminated, save that the provisions of Clauses 4.1.5, 8, 9.10 to 9.13, 10, 11, 12, 13 and 14 of this Agreement and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of this Agreement.
13.1 This Agreement (and any and all disputes arising out of or in connection with this Agreement (including any alleged breach, or challenge to the validity or enforceability, of this Agreement or any provision hereof)) will be subject to the laws of the Arab Republic of Egypt.
13.2 Any and all disputes arising out of or in connection with this Agreement will be finally settled by the competent Egyptian courts.
14.1 YALLA FEL SEKKA shall not be liable for delay or failure in performance resulting from causes beyond YALLA FEL SEKKA’s reasonable control.
14.2 You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of YALLA FEL SEKKA or any of its affiliated companies.
14.3 YALLA FEL SEKKA may amend this Agreement at its sole discretion from time to time. YALLA FEL SEKKA will use its reasonable endeavors to notify You of any material changes to the Agreement; however You agree that it is Your responsibility to review the Agreement regularly and Your continued use of the Services will constitute Your acceptance to the amendments. Otherwise, no addition to or modification of this Agreement will be binding on the parties unless made in writing by the parties.
14.4 The rights of each party under this Agreement may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.
14.5 This Agreement constitutes the entire agreement and understanding of the parties relating to the subject matter of this Agreement and supersedes any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into this Agreement, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in this Agreement. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Clause it might otherwise have had in relation to any of the foregoing. Nothing in this Agreement excludes liability for fraud or any other liability that cannot be limited or excluded under Applicable Law.
14.6 You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under this Agreement without YALLA FEL SEKKA’s prior written consent. YALLA FEL SEKKA may at any time assign, sub-license, transfer, subcontract or otherwise dispose of its rights or obligations under this Agreement without notice or consent (save to the extent required by Applicable Law).
14.7 If any court or relevant authority determines that any part of this Agreement is illegal, invalid or unenforceable under Applicable Law, the remaining parts of this Agreement will remain in full force and effect and the relevant part will be replaced with a provision that is legal, valid and enforceable and that has, to the maximum extent possible, an equivalent effect to the substituted part of this Agreement.
14.8 A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.
14.9 YALLA FEL SEKKA may give notice to You by means of a general notice published on the Driver Application or otherwise via the Services or to Your email address set out in Your Account. You must give notice to YALLA FEL SEKKA by email to email@example.com