Terms and Conditions
TERMS AND CONDITIONS
Effective date: 9th January 2025
Please read these Terms and Conditions carefully before using the YaY-Ride Mobile App. By accessing, downloading, or using our platform, you agree to these terms and form a legally binding agreement with FHD Technology W.l.l. (the "Company"). If you do not agree to these terms, do not use the YaY-Ride Mobile App or its services.
1. Introduction
1.1 These Terms and Conditions ("Terms") govern your access to and use of the YaY-Ride Mobile App (the "App"), owned and operated by FHD Technology W.l.l., a company registered in the Kingdom of Bahrain ("we," "our," or "us").
1.2 The App provides a platform for connecting passengers, drivers, and operators for bus ride bookings, fleet tracking, and driver management services.
1.3 By using the App, you agree to be bound by these Terms, along with our Privacy Policy, Passenger Terms of Service, Driver / Operator Agreement, and Refund and Cancellation Policy.
1.4 These Terms apply to all users, including passengers, drivers, and operators.
1.5 The Company reserves the right to modify these Terms at any time, as outlined in Section 19 below.
2. Acceptance of Terms
2.1 By downloading, installing, or using the App, or by creating an account, you acknowledge that you have read, understood, and agree to these Terms in full.
2.2 If you do not agree to these Terms, you are prohibited from accessing or using the App or any of its services.
2.3 Continued use of the App following changes to the Terms (as notified via email, in-app notifications, or the App itself) constitutes your acceptance of those changes.
3. Eligibility to Use the App
3.1 To use the YaY-Ride Mobile App:
- Passengers must be at least 15 years old.
- Drivers and operators must be at least 21 years old and meet additional requirements specified in the Driver/Operator Agreement.
3.2 Users must have the legal capacity to enter into a binding agreement under the laws of the Kingdom of Bahrain.
3.3 The App is intended for personal use only. Businesses requiring transportation services for staff or other purposes must contact the Company directly for custom agreements.
3.4 Each individual is permitted to create only one user account. Duplicate accounts will be suspended or terminated without prior notice.
3.5 The Company reserves the right to refuse access to the App to any user who does not meet the eligibility requirements or who has previously violated these Terms.
4. User Account Creation and Obligations
4.1 Account Creation:
- Users must provide accurate, complete, and up-to-date personal information during account registration, including but not limited to their full name, valid contact details, and any required identification.
- Drivers and operators must provide additional documentation such as government-issued ID, vehicle registration, insurance details, and valid licenses as specified in the Driver/Operator Agreement.
4.2 Account Security:
- Users are responsible for maintaining the confidentiality of their account credentials (e.g., username and password).
- You are fully responsible for all activities conducted through your account.
4.3 Account Usage:
- You may not share your account credentials with others or allow unauthorized access to your account.
- The Company is not liable for any loss or damage resulting from unauthorized access or use of your account.
4.4 Account Accuracy:
- Users are required to promptly update their account information to ensure its accuracy.
- Providing false or misleading information may result in account suspension or termination.
5. Prohibited Activities
5.1 The following activities are strictly prohibited on the YaY-Ride platform:
- Misuse of the App for any illegal, fraudulent, or unauthorized purposes.
- Tampering with the App’s code, software, or system operations.
- Creating fraudulent bookings or engaging in payment fraud.
- Harassment, abuse, or misconduct toward other users, passengers, drivers, or operators.
- Reverse-engineering, modifying, or distributing any part of the App without prior written authorization from the Company.
- Uploading or transmitting malicious software, viruses, or any other technology that could harm the App or its users.
5.2 The Company reserves the right to take legal action, suspend accounts, or terminate services for users found engaging in prohibited activities.
6. App Usage Restrictions
6.1 The Company grants you a limited, non-exclusive, non-transferable license to access and use the App for its intended purposes, subject to these Terms.
6.2 You may not:
- Use the App for commercial purposes without prior written consent.
- Attempt to gain unauthorized access to the App’s servers, systems, or user accounts.
- Use automated systems (e.g., bots, scripts) to interact with the App.
- Copy, modify, or distribute any part of the App without explicit permission.
6.3 Any unauthorized use of the App or its content will result in the immediate termination of your account and may lead to legal proceedings.
7. Intellectual Property Rights
7.1 Ownership of Intellectual Property:
- All intellectual property rights in the App, including but not limited to its design, content, software, trademarks, and logos, are owned by FHD Technology W.l.l. or its licensors.
7.2 Limited License:
- Users are granted a personal, non-exclusive, and non-transferable license to access and use the App as intended under these Terms.
- This license does not include any rights to copy, modify, distribute, or sell any part of the App.
7.3 User Obligations:
- Users may not use any trademarks, logos, or proprietary content of the Company for any purpose without prior written consent.
7.4 Third-Party Content:
- The App may include content or links to third-party websites or services. The Company does not claim ownership of such third-party content and is not responsible for its accuracy or legality.
7.5 Violations:
- Any unauthorized use of the App’s intellectual property will result in immediate account suspension or termination and may lead to further legal action.
8. Payment Terms
8.1 Payment Obligations:
- Passengers are required to ensure timely payment of all applicable fares, fees, and charges associated with their bookings.
- Drivers and operators agree to a commission-based structure, as outlined in the Driver/Operator Agreement, with the Company retaining a portion of ride fares.
8.2 Payment Methods:
- Payments must be made through authorized methods available in the App (e.g., credit/debit cards, digital wallets).
- The Company partners with Tap Payments or other third-party gateways to process transactions securely.
8.3 Authorization:
- By submitting your payment details, you authorize the Company to charge applicable fees through the selected payment method.
8.4 Non-Refundable Fees:
- Processing fees, penalties for late cancellations, and other specified charges are non-refundable, except as stated in the Refund and Cancellation Policy.
8.5 Failed Payments:
- Users are responsible for ensuring valid and sufficient payment methods. Failure to process payment may result in account suspension or denied access to services.
9. Commission and Revenue Share (For Drivers/Operators)
9.1 Commission Structure:
- Drivers and operators are compensated based on a percentage of the total ride fare, with a predetermined commission retained by the Company.
9.2 Adjustments to Commission Rates:
- The Company reserves the right to modify commission rates or payment structures with prior notice to drivers/operators.
9.3 Payment Disbursement:
- Earnings are disbursed to drivers/operators on a weekly or monthly basis, depending on the route cycle, via bank transfer or other agreed-upon payment methods.
9.4 Tax Obligations:
- Drivers and operators are solely responsible for reporting and paying any applicable taxes related to their earnings.
9.5 Deductions:
- The Company reserves the right to deduct applicable penalties, fees, or disputed amounts from drivers' or operators' payments.
10. Cancellation and Refund Policies
10.1 Passenger Cancellations:
- Passengers may cancel rides in accordance with the terms specified in the Refund and Cancellation Policy.
10.2 Driver/Operator Cancellations:
- Drivers/operators must provide a minimum of 24 hours' notice for cancellations of scheduled rides. Non-compliance may result in penalties or account suspension.
10.3 Refunds:
- Refund eligibility, timelines, and applicable fees are detailed in the Refund and Cancellation Policy.
10.4 No-Show Penalties:
- Passengers who fail to show up for a booking will be charged the full ride amount.
10.5 Technical Failures:
- In the event of app-related issues preventing a booking from being processed, passengers may request a full refund or a promo code of equivalent value.
11. Liability Disclaimer
11.1 Limited Role of the Platform:
- The App is a platform that connects passengers with drivers/operators. The Company is not responsible for the actions, omissions, or conduct of passengers, drivers, or operators.
11.2 No Guarantees:
- The Company does not guarantee the availability, safety, timeliness, or quality of rides. Users accept all risks associated with the use of the App and services.
11.3 No Responsibility for Third-Party Actions:
- The Company is not liable for third-party actions, including but not limited to accidents, traffic violations, disputes, or delays caused by drivers or external parties.
11.4 Indirect Damages:
- To the fullest extent permitted by law, the Company is not responsible for indirect, consequential, or incidental damages arising from the use of the App.
11.5 User Responsibility:
- Users are responsible for ensuring their own safety during rides and for resolving disputes directly with the Company through its help center.
12. Service Availability
12.1 No Guaranteed Availability:
- The Company does not guarantee that the App or services will be available at all times or without interruptions.
12.2 Maintenance and Downtime:
- The App may be temporarily unavailable for maintenance, upgrades, or technical issues. Users will be notified in advance whenever possible.
12.3 Suspension or Termination of Services:
- The Company reserves the right to suspend or terminate services, accounts, or features at its discretion, including for violations of these Terms or applicable laws.
12.4 Technical Errors:
- The Company is not liable for technical errors, system failures, or data loss resulting from the use of the App.
13. Data Privacy
13.1 Privacy Policy Compliance:
- By using the App, users acknowledge that their personal data will be collected, processed, and stored in accordance with the Privacy Policy.
13.2 Data Collection:
- The App collects personal and sensitive data such as full name, contact details, location, payment information, and government-issued identification, as outlined in the Privacy Policy.
13.3 Data Sharing:
- The Company may share user data with third parties (e.g., AWS, payment gateways, regulatory authorities) for legitimate purposes such as compliance, analytics, and marketing.
13.4 User Responsibilities:
- Users are responsible for ensuring the accuracy of the personal data they provide and for updating their information as needed.
13.5 Data Breach Liability:
- While the Company employs robust security measures, it is not liable for unauthorized access, breaches, or loss of data beyond its reasonable control.
14. Driver and Operator Responsibilities
14.1 Compliance with Laws:
- Drivers and operators must comply with all applicable local traffic and transport laws, including vehicle registration, licensing, and insurance requirements.
14.2 Vehicle Maintenance:
- Drivers and operators are responsible for ensuring their vehicles are in safe, roadworthy condition.
14.3 Professional Conduct:
- Drivers and operators must behave respectfully toward passengers, adhere to safety standards, and avoid misconduct.
14.4 Equipment Requirements:
- All vehicles must be equipped with functional GPS, internet connectivity, and dashcams as mandated by the Company.
14.5 Termination of Agreement:
- Drivers/operators who fail to meet their obligations or violate the Driver/Operator Agreement may face penalties, including account suspension or termination.
15. Passenger Obligations
15.1 Respectful Conduct:
- Passengers must behave respectfully toward drivers, follow safety guidelines, and comply with the instructions provided by the driver/operator.
15.2 Timely Payments:
- Passengers must ensure that all dues, including ride fares, waiting charges, or penalties, are paid in full through the App.
15.3 Prohibited Behavior:
- Passengers are prohibited from engaging in disruptive, disrespectful, or unsafe behavior during rides.
15.4 Additional Charges:
- Passengers are responsible for any additional fees, such as waiting charges for delays beyond the grace period (e.g., 500 fils per minute).
15.5 Responsibility for Guests:
- Passengers who book rides on behalf of family or friends are responsible for ensuring their guests comply with these Terms.
16. Insurance Coverage
16.1 Insurance Provided by Drivers/Operators:
- Drivers and operators are required to maintain comprehensive vehicle insurance and liability insurance at all times.
- Passengers are covered under the driver’s/operator’s insurance during rides, as per local laws and regulations.
16.2 Company Liability:
- The Company does not directly provide insurance to passengers, drivers, or operators. It only facilitates the platform for service connection.
16.3 Limitations of Coverage:
- Insurance claims must be handled directly between the passenger, driver, and the insurance provider.
- The Company is not responsible for disputes arising from insurance claims.
17. Dispute Resolution
17.1 Preferred Method:
- The Company encourages all disputes to be resolved amicably through informal mediation facilitated by the YaY-Ride help center.
17.2 Arbitration:
- If mediation is unsuccessful, disputes may be resolved through binding arbitration under the laws of the Kingdom of Bahrain.
17.3 Exclusive Jurisdiction:
- Any legal disputes that cannot be resolved through mediation or arbitration will be subject to the exclusive jurisdiction of the courts in the Kingdom of Bahrain.
17.4 Prohibited Actions:
- Passengers and drivers/operators are prohibited from directly resolving disputes amongst themselves outside the App’s framework, as this may lead to further complications.
18. Termination of Accounts
18.1 Right to Terminate:
- The Company reserves the right to suspend or terminate user accounts at its sole discretion for reasons including but not limited to:
- Violation of these Terms or other policies.
- Engaging in fraudulent, illegal, or prohibited activities.
- Repeated misconduct, harassment, or misuse of the App.
18.2 Effect of Termination:
- Upon termination, users lose access to their account, data, and services on the App.
- Any pending transactions or earnings will be processed in accordance with the Refund and Cancellation Policy.
18.3 No Liability for Termination:
- The Company is not liable for damages, lost opportunities, or inconvenience caused by the suspension or termination of accounts.
19. Modification of Terms
19.1 Right to Modify:
- The Company reserves the right to modify, update, or replace these Terms at its sole discretion without prior user consent.
19.2 Notification of Changes:
- Significant changes to these Terms will be communicated to users through email, in-app notifications, or announcements.
19.3 User Responsibility:
- Users are responsible for regularly reviewing the Terms for updates. Continued use of the App after changes are posted constitutes acceptance of the updated Terms.
19.4 Immediate Implementation:
- Certain modifications, such as those required by law or regulatory authorities, may take immediate effect without prior notice.
20. Force Majeure
20.1 Definition:
- The Company is not responsible for delays, interruptions, or failures in service caused by events outside its reasonable control, including but not limited to:
- Natural disasters (e.g., earthquakes, floods).
- Acts of terrorism, wars, or civil unrest.
- Government actions, regulations, or shutdowns.
- Technical failures, internet outages, or system malfunctions.
20.2 Limitation of Liability:
- Users acknowledge that the Company is not liable for any loss, damage, or inconvenience caused by such force majeure events.
21. Third-Party Services
21.1 Third-Party Involvement:
- The App integrates with third-party services, including but not limited to payment gateways, cloud servers, and marketing tools.
21.2 No Responsibility for Third-Party Actions:
- The Company is not liable for errors, breaches, or failures caused by third-party services.
21.3 Third-Party Terms:
- Users agree to comply with the terms and conditions of third-party services used in connection with the App.
21.4 Data Sharing with Third Parties:
- As outlined in the Privacy Policy, user data may be shared with third-party service providers for legitimate purposes such as payment processing, analytics, or regulatory compliance.
22. Communication and Notices
22.1 Methods of Communication:
- The Company communicates with users via email, SMS, in-app notifications, or phone calls.
22.2 Consent to Communications:
- By using the App, you consent to receive communication regarding account updates, promotions, service alerts, and other notifications.
22.3 Opt-Out Options:
- Users may opt out of promotional communications by adjusting their preferences in the App settings or contacting customer support.
22.4 Official Notices:
- Official notices regarding policy updates, terms modifications, or legal issues will be delivered via email or through the App. Users are responsible for ensuring their contact details are up-to-date.
23. Indemnification
23.1 User Indemnity:
- Users agree to indemnify and hold harmless FHD Technology W.l.l., its affiliates, employees, and agents from any claims, damages, or liabilities arising from:
- Misuse of the App or its services.
- Violation of these Terms or applicable laws.
- Disputes with other users (passengers, drivers, or operators).
23.2 Scope of Indemnity:
- Indemnification includes, but is not limited to, legal fees, court costs, and compensation for damages.
23.3 Company’s Right to Defense:
- The Company reserves the right to assume its own legal defense in cases involving user indemnification obligations.
24. Governing Law
24.1 Jurisdiction:
- These Terms are governed by the laws of the Kingdom of Bahrain, regardless of conflict of law principles.
24.2 Legal Proceedings:
- Any disputes or claims arising from these Terms must be resolved in the courts of the Kingdom of Bahrain.
25. Severability Clause
25.1 Partial Invalidity:
- If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
25.2 Modification of Invalid Clauses:
- Invalid or unenforceable provisions will be replaced with terms that most closely reflect the original intent and purpose of these Terms.
