Contractual Relationship

These Terms of Use (“Terms”) govern the access and use of software, applications, websites, content, products, and services developed by or made available to you by Wiyak established in Kuwait.

Your access and use of the Application constitutes an agreement to be bound by these Terms, which establishes a contractual relationship between you and Wiyak. If you do not agree to these Terms, you may not access or use the Application. These Terms are subject to change by Wiyak, in Wiyak’s sole discretion. Your continued use of this Application will constitute your acceptance of and agreement to such changes.

The Application

The Application enables users of the Application to book and schedule on-demand transportation services. For the purpose of these Terms, Services mean all transportation services, including chauffeur and vehicle rental services, performed by Wiyak (“Services”).

License to the Application

Subject to your compliance with these Terms, Wiyak grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to access and use the Application on your personal device solely in relation to your use of the Services. Any rights not expressly granted herein are strictly reserved by Wiyak.

Ownership

The Application, all copyright and intellectual property rights therein are and shall remain Wiyak’s property. Nothing in these Terms nor your use of the Application convey or grantto you any license or right: (i) in or related to the Application except as expressly provided in these Terms or (ii) to use or reference in any manner Wiuyak’s company names, logos, product and service names, trademarks or services marks or those of Wiyak’s licensors.

User Profile

Users are required to register for a personal user account (“Account”) to access and use the Application. To successfully complete the registration process, Wiyak requires users to submit personal information. You agree to provide accurate, truthful, complete, and up-to-date information in your Account. Failure to provide, and thereafter maintain, the accuracy of information provided in your Account may affect your ability to access and use the Application, or may lead to Wiyak’s termination of these Terms with you. You are solely responsible for maintaining the secrecy of your Account login details (including username and password) at all times, and for all activities that occur under your Account. Unless otherwise permitted by Wiyak in writing, you may only possess one Account.

User Rules of Conduct

You agree to comply with all applicable laws of Kuwait as well as these Terms to continue your use of the Application. You may not share your Account login details with third parties. You may not assign or otherwise transfer your Account to any other person or entity. You agree and vow to only use the Application for lawful purposes. You agree, in your use of the Application, to not cause nuisance, annoyance, inconvenience, or property damage whether to other users, or any other party. Wiyak holds the right to suspend your account in the event of misuse.

Restrictions

By using the Wiyak Application, you acknowledge and agree that you may not:

Remove or alter in any way any copyrighted material, trademark or other intellectual property notices from/to the Application;

Reproduce, modify, prepare derivative works, distribute, license, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application except as expressly permitted by Wiyak;

Decompile, reverse engineer or disassemble the Application -in part or in full- except as may be expressly permitted by Wiyak;

Link to, mirror or frame any portion of the Application;

Cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Application;

Attempt to gain unauthorized access to or impair any aspect of the Application or its related systems or networks;

Use the Application for non-personal commercial purposes without Wiyak’s explicit written approval;

Use the Application if you are under the age of 21;

Use the Application to obtain Services for pets and other animals;

Use the Application to obtain Services for unlawful use, including but not limited to transportation, possession, trafficking, solicitation of or sale of narcotics or other illegal goods or substances. Prohibited substances include illegal drugs, alcohol or any other substance deemed illegal by the laws of Kuwait; or

Encourage others to use the Application to obtain Services for unlawful use.

User Responsibility

You shall pay the trip fees which shall be calculated by time;

Your payment can be made in cash, by Visa or MasterCard or by promotional code;

Any refunded amounts due to trip cancellation or miscalculation of trip fees shall be added in the wallet for use in other trips.

You shall not smoke or behave in any manner prohibited by law and general decorum within the vehicle.

Beverages are permitted in our operated vehicles. The transportation of food and consumption of food in our operated vehicles is not allowed for meeting Wiyak's sanitary and health and safety guidelines.

If any damage occurs in the vehicle due to your fault such as carrying flammable materials during his trip, you shall pay for such damage due to his violation of the general and special terms of use and in accordance with the provisions of liability for illegal acts set forth under the laws of Kuwait;

Traffic fines resulting from your violation of traffic laws and safety regulations, like negligence of fastening seat belt or accompanying a child in the front seat, shall be paid by the you not Wiyak;

You shall not carry any prohibited items, and shall solely incur legal liability and compensation for any material or moral damages to Wiyak;

The driver may end the trip at any time if he faces any annoyance from your or if there is any risk to the driver or to the vehicle; and

You shall indemnify Wiyak and fully pay, on behalf of Wiyak, for any claims or legal actions filed against Wiyak by any other person on account of your breach of the terms set out herein.

Wiyak’s Responsibility

Wiyak may, from time to time, amend the terms and conditions at any time according to any new legislations that may be enacted, and your continued use of the service constitutes acceptance to this condition.

If the vehicle request is confirmed on the application, the application shall enable the client to see all information of the driver such as the driver's photo and name, vehicle type and driver's phone number. The trip fees shall be estimated if the client sets the destination.

The trip fees shall be updated or changed from time to time depending on the market price, traffic, estimated time versus actual time, and economic variables, and Wiyak is not under obligation to notify you of increasing the riding tariff.

Wiyak shall not accommodate more than the number of passengers allowed in the traffic.

Wiyak is not liable for loss of your belongings inside the vehicle.

Wiyak shall abide by the maximum limit of privacy of the client's personal information. By accepting such policy, the client agrees to collection and use of his personal information only in accordance with the privacy policy and in a limited manner. Also, no entity may obtain the client's information except the judicial authorities or investigation departments upon a written authorization from those entities as long as such disclosure helps in a judicial investigation being conducted by those entities.

This privacy policy applies to all personal information which the client provides to Wiyak ("User's information") on the website or the mobile phone application.

Wiyak shall not indemnify the client materially or morally for any accident injury resulting from third party fault.

Forms of Communication

You consent and authorize the use of your personal information by Wiyak, Wiyak’s affiliates for commercial or non-commercial purposes. Personal information includes your name, contact number, e-mail address, home address and other information provided by you (“Personal Information”). You acknowledge and agree that Wiyak may share your Personal Information with Wiyak’s affiliates. You agree to receive promotional and non-promotional notifications via text messages (SMS), e-mails, phone calls, push notifications or in-App notifications.

Payment

You acknowledge and agree that fares and certain charges apply to your use of the Application (“Charges”). You agree to pay without any delay all Charges applicable to you and your use of the Application or Services obtained through the Application upon completion of Services or as otherwise determined by Wiyak. All Charges and payments are non-refundable, and are facilitated by Wiyak using one of the following payment methods: cash, K-Net, credit card. Wiyak may from time to time revise the Charges applicable to your use of the Application. It is your responsibility to check Wiyak’s payment terms on this page prior to requesting a Service. Your continued use of the Application constitutes your acceptance of such revised Charges.

Refund Policy

In the event that the fees are increased by mistake from the company, they are refunded according to the customer's desire, either on the account of the payment made through him or on the client's wallet.

Termination

These Terms constitute your agreement with Wiyak and shall be effective upon registering for an Account and remain effective in perpetuity until such Account is de-activated, suspended or otherwise non-existent.

Disclaimer

By using the Wiyak Application, you acknowledge and agree that:

The Application is provided to you “as is” without any representations or warranties, express or implied, except as determined in these Terms. Wiyak makes no representation or guarantee that your use of the Application will, in any way, be uninterrupted, reliable, secure or otherwise error free.

Limitation of Liability

In no event shall Wiyak be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages or losses, including lost profits, arising out of, or related to, or in connection with any breach of these Terms. The foregoing shall remain true regardless of (a) whether such damages were foreseeable, and (b) whether or not Wiyak was advised of the possibility of such damages in advance. In all instances, Wiyak’s sole and maximum aggregate liability for any reason shall be limited to the actual amount paid by you to Wiyak.

Notices

To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address provided or (ii) by posting to the Application. Notices shall be effective from time of posting or publishing. It is your responsibility to keep your e-mail address current and up-to-date.

To Us: To give us notice under these Terms, you must contact us by sending an e-mail to customercare@wiyak.com. We may update our contact details for notices to us from time to time by posting a notice on the Application.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, in whole or in part, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

Governing Law and Jurisdiction

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Kuwait. Any dispute, conflict, claim or contWiyakrsy arising out of or broadly in connection with or relating to the Application or these Terms, including those relating to its validity, its construction or its enforceability shall be finally settled in the courts of Kuwait.