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These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any country in the world (excluding the United States and its territories and possessions and Mainland China) of applications, websites, content, products, and services (the “Services”) made available by Yay Portal, a private limited liability company established in the United Arab Emirates, having its offices at Shop No. 1 owned by Dubai Autism Center – Al Garhoud, Dubai, the United Arab Emirates, registered at Shop No. 1 owned by Dubai Autism Center – Al Garhoud, Dubai, United Arab Emirates.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Yay Portal. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Yay Portal may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Yay Portal may amend the Terms related to the Services from time to time. Amendments will be effective upon Yay Portal’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Yay Portal’s Privacy Policy. Yay Portal may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver), and such information or data is necessary to resolve the complaint, dispute or conflict.
The Services constitute a technology platform that enables users of Yay Portal’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation 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 Yay Portal or certain of Yay Portal’s affiliates (“Third Party Providers”).
Unless otherwise agreed by Yay Portal in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YAY PORTAL 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 YAY PORTAL OR ANY OF ITS AFFILIATES.
License.
Subject to your compliance with these Terms, Yay Portal grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
Any rights not expressly granted herein are reserved by Yay Portal and Yay Portal’s licensors.
Restrictions.
You may not:
Provision of the Services.
You acknowledge that portions of the Services may be made available under Yay Portal’s various brands or request options associated with transportation or logistics, including the transportation request brands under Yay Portal. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
The Services may be made available or accessed in connection with third party services and content (including advertising) that Yay Portal does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Yay Portal does not endorse such third party services and content and in no event shall Yay Portal be responsible or liable for any products or services of such third party providers.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain Yay Portal’s property or the property of Yay Portal’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.
Account registration requires you to submit to Yay Portal certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner).
You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to do so, including having an invalid or expired payment method on file, may result in your inability to use the Services or termination of these Terms. You are responsible for all activity under your Account and must maintain the security of your credentials. Unless permitted in writing, you may only have one Account.
User Requirements and Conduct.
The Service is not available to persons under 18. You may not authorize others to use your Account, nor allow minors to receive transportation or logistics services unless accompanied by you. You may not assign or transfer your Account to anyone. You agree to comply with all laws and only use the Services for lawful purposes. You must not cause nuisance, inconvenience, or damage. Proof of identity may be requested; failure to comply may lead to denied access.
Text Messaging.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of normal operations. You may opt out anytime by visiting https://yayportal.com/delete-account/. Opting out may affect your ability to use the Services.
Promotional Codes.
Yay Portal may provide promotional codes (“Promo Codes”) for Account credit or other benefits, subject to specific terms. You agree Promo Codes:
User Provided Content.
Yay Portal may allow you to submit content such as feedback, support requests, and promotional entries (“User Content”). You retain ownership of your content, but by submitting it, you grant Yay Portal a worldwide, perpetual, royalty-free license to use, copy, distribute, modify, and display such content in connection with the Services and related platforms.
You represent that you own the content or have the rights to grant this license, and that your content will not infringe or violate any third party’s rights or laws. You agree not to post content that is unlawful, obscene, offensive, or otherwise objectionable. Yay Portal may remove or moderate content at its sole discretion, without notice.
Network Access and Devices.
You are responsible for securing network access. Your data provider’s charges may apply. You must maintain compatible devices and systems to access the Services. Yay Portal does not guarantee performance on specific devices and is not responsible for delays due to internet or electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Yay Portal will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as their limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Yay Portal.
You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such provider at the time you receive them. Yay Portal will respond accordingly to any such request.
All Charges are due immediately and payment will be facilitated by Yay Portal using the preferred payment method designated in your Account. A receipt will be sent by email. If your primary payment method is expired or invalid, you agree that Yay Portal may use a secondary payment method on file, if available.
Yay Portal reserves the right to establish, remove, and/or revise Charges for any or all services or goods at any time in its sole discretion. You acknowledge and agree that Charges in some geographical areas may substantially increase during high demand periods. Yay Portal will use reasonable efforts to inform you of applicable Charges, but you remain responsible for all Charges incurred under your Account.
Yay Portal may occasionally offer promotional discounts or offers to select users. You agree that such promotions do not apply to you unless explicitly offered to you and that they shall not affect your applicable Charges. You may cancel a service request at any time prior to the provider’s arrival, but a cancellation fee may apply.
This payment structure is intended to fully compensate the Third Party Provider. Except for taxicab services requested through the app, Yay Portal does not allocate any portion of your payment as a tip. Any mention that tipping is “voluntary,” “not required,” or “included” does not imply that Yay Portal provides additional amounts beyond what is described above. You are free—but not obligated—to tip any Third Party Provider who offers you services. After receiving services or goods, you may rate your experience and leave feedback.
Repair or Cleaning Fees.
You are responsible for repair or cleaning costs for damages to Third Party Provider vehicles or property that go beyond normal “wear and tear.”
If such a request is verified by Yay Portal, payment will be facilitated using your payment method on file, and the amount will be transferred to the relevant provider.
These charges are non-refundable.
DISCLAIMER.
FOR PURPOSES OF THIS SECTION 5, ALL REFERENCES TO YAY PORTAL SHALL MEAN YAY PORTAL AND ITS AFFILIATES AND SUBSIDIARIES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YAY PORTAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YAY PORTAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YAY PORTAL DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
YAY PORTAL 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 SERVICES, EVEN IF YAY PORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YAY PORTAL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:
(i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF YAY PORTAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YAY PORTAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YAY PORTAL’S REASONABLE CONTROL.
YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION 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.
IN NO EVENT SHALL YAY PORTAL’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED Dirham (AED500).
YAY PORTAL’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT YAY PORTAL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold Yay Portal 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 Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) Yay Portal’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The United Arab Emirates, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, construction, or enforceability (a “Dispute”), shall first be mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”).
If such Dispute has not been resolved within sixty (60) days after a request for mediation has been submitted under the ICC Mediation Rules, it shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The Emergency Arbitrator provisions under the ICC Rules shall not apply.
The Dispute shall be resolved by one (1) arbitrator appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Dubai. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case it shall be conducted in both English and your native language.
The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders, and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent of the other party unless:
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Yay Portal’s designated agent.
Please visit Yay Portal’s web page at https://yayportal.com/terms-of-use/ for the designated address and additional information.
Notice.
Yay Portal may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account.
You may give notice to Yay Portal by written communication to Yay Portal's address at Shop No. 1 owned by Dubai Autism Center – Al Garhoud, Dubai, United Arab Emirates.
General.
You may not assign or transfer these Terms in whole or in part without Yay Portal’s prior written approval.
You give your approval to Yay Portal for it to assign or transfer these Terms in whole or in part, including to:
No joint venture, partnership, employment, or agency relationship exists between you, Yay Portal, or any Third Party Provider as a result of this agreement or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision shall be deemed not to form part of these Terms. The validity and enforceability of the remaining provisions shall not be affected. The parties shall replace the invalid provision with one that is valid and has, to the greatest extent possible, a similar effect.
These Terms constitute the entire agreement between the parties regarding the subject matter and supersede all prior agreements or understandings. In these Terms, the words “including” and “include” mean “including, but not limited to.”