Terms of Service
The customer agrees and acknowledges that the use of the Mobile App/Website is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality and fitness for any purposes are excluded to the fullest extent permitted by law.
The information contained in this Website / Application is for general information purposes only. The information is provided by Yalla Beena and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.
Every effort is made to keep the Website / Application up and running smoothly. However, Yalla Beena takes no responsibility for, and will not be liable for, the Website / Application being temporarily unavailable due to technical issues beyond our control.
Yalla Beena cabs Terms & Conditions Updated effective from December 23, 2024
By clicking on the "I ACCEPT" button, You are consenting to be bound by these User Terms. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE USER TERMS BEFORE YOU USE THE SITE. If You do not accept any of the User Terms, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE USER TERMS SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND YALLA BEENA IN RESPECT OF THE USE AND SERVICES OF THE SITE.
Your acceptance of the User Terms shall be deemed to include your acceptance of the privacy policy available at https://www.yallabeena.info
By accepting these User Terms, you also allow Yalla Beena apps to send you promotional emails and SMS alerts from time to time.
IT IS HEREBY EXPRESSLY CLARIFIED THAT THESE USER TERMS WILL NOT APPLY TO A CUSTOMER TAKING ‘YALLA BEENA CORPORATE RIDES’ I.E., FOR CUSTOMERS WHO ARE EMPLOYEES OF CORPORATE ENTITIES WITH WHOM YALLA BEENA HAS NO DIRECT ENGAGEMENT.
1. DEFINITIONS
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
i. "Account" shall mean the account created by the Customer on the Application for availing the Services provided by Yalla Beena .
ii. "Additional Fee" shall mean any toll duty, taxes, etc. as may not be included in the Fare but payable to any third party / government authorities for undertaking the Ride under Applicable Law
iii. "Applicable Laws" shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
iv. "Application" shall mean the mobile application "Yalla Beena Cabs" updated by Yalla Beena from time to time.
v. "Booking Fee" shall mean the fee payable by the Customer to Yalla Beena for the Service i.e., for availing the technology services offered by Yalla Beena . Convenience Fee shall be chargeable on every booking made through the Site. The Convenience Fee shall be exclusive of all applicable taxes on the Convenience Fee, if any.
vi. "Cancellation Fee" shall mean the fare and Convenience Fee payable towards cancellation of a Ride by a Customer in terms of Clause 7 of these User Terms and the Cancellation Terms and Conditions available at https://www.yallabeena.info The Cancellation Fee shall be exclusive of all applicable taxes on the Cancellation Fee, if any.
vii. "City of Operation" shall mean a city in which the Customers and TPSPs avail and render the transportation services respectively.
viii. "Rider or Customer/ You" means a person who has an Account on the Application.
ix. "Driver" shall mean and include such third part individuals as may be evaluated, appointed and trained by an trainers associated with us and persons who are registered with Yalla Beena and own the Vehicles and who have necessary city taxi permits and licenses to provide transportation services within the City of Operation.
x. "E-Wallet" shall mean a pre-paid instrument, which can be used to make payments.
xi. "Fare" shall mean such amount in Kenya Shilling, which is reflected on the Application, as the fare payable for the specific Ride performed by a Driver . The Fare shall be exclusive of all applicable taxes on the Fare, if any.
xii. "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of Yalla Beena.
xiii. "Yalla Beena " or "us" or "we" or "our" shall mean a Limited company incorporated under the provisions of the Companies Act
xiv. "Registration Data" shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Yalla Beena from the Customer from time to time for registration on the Application.
xv. "Ride" shall mean the travel in the Vehicle by the Customer facilitated through the Site.
xvi. "Service(s)" means the facilitation of transportation service by Yalla Beena through the Application or via a telephone request at the call centre of Yalla Beena, or booking on the Site, within the City of Operation, as elaborated in Clause 4.
xvii. "Site" shall mean the Application and the website https://www.yallabeena.info operated by Yalla Beena or any other software that enables the use of the Application or such other URL as may be specifically provided by Yalla Beena .
xviii. "Total Ride Fee" shall mean and include the Fare, the booking Fee, the Cancellation Fee and Additional Fee and taxes as may be applicable from time to time.
xix. "T&Cs" and "User Terms" shall mean these Customer terms and conditions.
xx. "Vehicle" shall mean a motor cab as defined under the Motor Vehicles Act
2. ELIGIBILITY
1. You will be "Eligible" to use the Services only when You fulfil all of the following conditions:
i. You have attained at least 18 (eighteen) years of age.
ii. You are competent to enter into a contract under the Applicable Laws.
3. REGISTRATION AND ACCOUNT
1. You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause 3 and by entering Your Registration Data.
2. You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.
3. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.
4. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.
5. Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site ("Permitted Information"), Yalla Beena does not want You to, and You should not, send any confidential or proprietary information to Yalla Beena on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Yalla Beena other than the Permitted Information will not be considered confidential or proprietary.
6. It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.
7. We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at connect@yallabeena.info
8. In case, You are unable to access Your Account, please inform Us at connect@yallabeena.info and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
4. SERVICES
1. The Service allows You to send a request, through Yalla Beena Apps, to a Driver on the Yalla Beena network. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Yalla Beena notifies You and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Yalla Beena may determine.
2. Yalla Beena shall procure reasonable efforts to bring You into contact with a Driver, subject to the availability of Driver in or around Your location at the moment of Your request for such services.
3. By using the Application or the Service, You further agree that:
i. You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party;
ii. You will not use an account that is subject to any rights of a person other than You without appropriate authorization;
iii. You will not use the Service or Site for unlawful purposes;
iv. You will not try to harm the Service, Site or our network in any way whatsoever;
v. You will provide Yalla Beena with such information and documents which Yalla Beena may reasonably request;
vi. You will only use an authorized network to avail the Service;
vii. You are aware that when requesting Services, whether by message, via Site or calling the call center of Yalla Beena , standard messaging charges, data charges, voice charges, as applicable, of the Your and Our phone network service providers, will apply;
viii. You will comply with all Applicable Law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or Service; and
ix. You are aware of and shall comply with the Data Protection Act and the rules, regulations and guidelines notified thereunder.
4. Yalla Beena reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, Yalla Beena will store the information provided by You or record your calls for contacting You for all Servicerelated matters. You shall promptly inform Yalla Beena on any change in the information provided by You.
5. Yalla Beena or an authorised representative of Yalla Beena, shall provide information regarding services, discounts and promotions provided by Yalla Beena to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time.
6. YALLA BEENA WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE KENYA IN ORDER TO PERFORM YALLA BEENA ’S OBLIGATIONS UNDER THESE CUSTOMER T&C.
7. You agree to grant Yalla Beena a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT YALLA BEENA TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES.
8. Yalla Beena will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by Yalla Beena jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie-up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.
5. CONFIRMATION OF BOOKING
1. Yalla Beena shall, upon receiving the booking request from You in the manner set out above, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to You vide an SMS or email. In the event the booking is confirmed, You shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call centre.
2. You shall bear the consequences and damages for any delay that may be caused to You due to Your failure to check the confirmation SMS or email or failure to inform Yalla Beena of the incorrect details immediately.
6. PAYMENT
1. Yalla Beena shall charge Booking Fee for the Service which shall be determined and amended at the sole and absolute discretion of Yalla Beena. The Booking Fee shall be payable by you to Yalla Beena and shall be informed to you.
2. You shall be required to pay such Additional Fee, which will form part of the receipt of the Total Ride Fee.
3. You shall be required to pay such Cancellation Fee in terms of Clause 7, which will form part of the receipt of the Total Ride Fee.
4. In addition to the Total Ride Fee, You may be required to pay such other charges incurred by you during the Ride in cash, which are not included in the receipt of the Total Ride Fee.
5. The Total Ride Fee will be collected by the Driver or Yalla Beena from You at the end of the Ride, as set out in Clause 6.7 below.
6. Yalla Beena shall provide a receipt of the Total Ride Fee payable by You at the end of the Ride. You may raise a request for a copy of the invoices from Support page.
7. All applicable taxes in respect of the Fare, Booking Fee, Additional Fee, Cancellation Fee shall be borne and payable by You to Yalla Beena , as the case may be.
8. You shall choose to pay for the Service Fee by either of the following four methods:
i. Cash payment: Cash payment towards the Total Ride Fee after the completion of Ride can be made to the Driver..
ii. E-Wallet payment: Yalla Beena offers You the facility of making an online payment through an E-Wallet powered by a third party payment processor ("Payment Processor"). E-Wallet money will not be applicable on bookings made through the phone or while the user is not logged into his/her Account on the Site. The processing of payments, in connection with Your use of the E-Wallet will be subject to the terms, conditions, and privacy policies of the Payment Processor that Yalla Beena engages for the purpose. Yalla Beena will not be responsible for any errors by the Payment Processor in any manner. Further, even in cases of E- Wallet payments, all Additional Fee (defined below) shall have to be paid by You in cash, to the authority or person concerned or if already paid by the Driver, to the Driver.
iii. Credit Card/ Debit Card/ Net Banking Payment: Total Ride Fee shall be effected using the services of an entity providing payment gateway/processor services ("PG"), authorized by Yalla Beena . You agree and undertake to share relevant payment details including credit/debit card details (Card Details) with the PG for the successful completion of payment towards Total Ride Fee to Yalla Beena and authorize the PG to complete such transactions. In this respect, it is clarified that all PGs whose services are utilized for the purposes of the Site and/or Application and/or Services shall be PCI-DSS (Payment Card Industry – Data Security Standard) compliant. Your authorization permits the PG to debit or credit the bank account associated with Your payment details. Your authorization further permits the PG to use Your Card Details for the processing of transactions initiated by You at any of Yalla Beena ’s affiliates. Your authorization will remain in effect as long as You maintain an Account with Us. In the event You delete Your Card Details with the PG or if You delete Your Account, the PG will not process any further transactions initiated by You at the Site or Application and at the sites of any of Yalla Beena ’s affiliates. Your authorization under this clause is subject to any other terms and conditions of the PG.
9. Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. Yalla Beena shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the Site.
7. CANCELLATION POLICY
1. You agree and acknowledge that You may cancel Your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below:
In Micro/Mini/Standard/SUV/Luxury/ Shuttle or Rental Cancellation fee will be charged
§ If you cancel after 2 minutes after the picking a cab is allotted or
§ If a driver cancels after waiting at your location for more than 30 minutes
§ Notwithstanding the foregoing, if the Driver is delayed by more than five (5) minutes to pick You, You will not be charged any Cancellation Fee.
2. You shall be notified of the applicable Cancellation Fee in advance whenever You attempt to cancel a booking/service request. The notification shall be on the Application and/or the Site.
3. Yalla Beena shall provide a receipt of the Cancellation Fee, if any, payable by You for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by Yalla Beena for the Booking Feeon cancellations shall be provided to You on request. You may raise a request for a copy of the invoices from Support page.
4. The Cancellation Fee shall be payable by You at the completion of Your subsequent Ride.
5. The mode of payment of the Cancellation Fee shall be in terms of Clause 7 of these User Terms.
6. This Clause 7 shall not apply to corporate rides availed pursuant to the terms and conditions.
8. USER VIOLATION OF TERMS
You shall not smoke and drink in the Vehicles or misbehave with the Driver or act in violation of Applicable Law. In the event You are found to be involved in the activities set out above, You shall be liable to pay a fine to us and we shall also have the right to terminate the Ride. In the event You fail to pay fine after the completion of the Ride, we may at our discretion, take such steps as may be available to us under Applicable Law. You shall also be blacklisted as a result of non-payment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Yalla Beena.
9. CUSTOMER RELATIONSHIP MANAGEMENT
1. All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address mentioned in Clause 22.2. In case of a Ride booked on our Application, You shall be required to rate the Ride after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Rides or Services.
2. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed.
3. Any issue reported on channels other than the above may be addressed by Yalla Beena only on a best-effort basis. Yalla Beena takes no liability for inability to get back on other channels.
4. Yalla Beena shall endeavor to respond to Your issues within 2 (two) working days of Your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Yalla Beena shall not be liable for any damages or losses in the event You are not satisfied with any such resolution.
10. FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
11. INDEMNIFICATION
By accepting these User Terms and using the Service, You agree that You shall defend, indemnify Yalla Beena and each of their officers, directors, other users, employees, attorneys and agents harmless 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:
(a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party,
(c) Your use or misuse of the Application or Service.
12. LIABILITY
1. The information, recommendations and/or Services provided to You on or through the Site, the Application and Yalla Beena call center are for general information purposes only and does not constitute advice. Yalla Beena will reasonably keep the Site and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
2. Yalla Beena shall not be liable for You missing trains/flights/events or delays etc as the Service is dependent on many factors not in Yalla Beena ’s control. You must book Your Ride after taking into account the check-in time, traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other un-expected delays.
3. In the event, there is a delay by the Vehicle in reaching the pickup location beyond 30 (thirty) minutes of the pickup time, Yalla Beena shall only endeavour to get You in touch with the Driver assigned for Your Ride.
4. Yalla Beena shall not be liable for any damages resulting from the use of or inability to use the Site, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
5. You shall take full responsibility of Your items and luggage. In case of lost items inside the Vehicle during the journey, Yalla Beena may try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same. If You leave any goods in the Vehicle or have any complaint in respect of the Services or the use of the Vehicle, You have to inform Yalla Beena of the same in writing within 24 (twenty four) hours of using the Vehicle or the Services of Yalla Beena . In the event it is found, You shall be informed about the Yalla Beena office from where You can collect it after 3 (three) working days from the date You were informed. Yalla Beena, however, shall not be responsible for delivering the same back to You. If requested, Yalla Beena may deliver the misplaced item/s back to You after 3 (three) working days from the date You were informed, subject to the place of delivery being twenty (20) kms from the Yalla Beena office. Yalla Beena shall charge You a flat fee for such delivery.
6. Yalla Beena does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
7. Yalla Beena shall not be responsible for any loss of communication / information of status update and benefits under the program. All this information will be sent on mobile number and/or email ID registered with Yalla Beena. Yalla Beena will not be responsible for appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to You regarding booking confirmation.
8. IN NO EVENT SHALL YALLA BEENA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YALLA BEENA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
9. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YALLA BEENA ’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE USER TERMS OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Ksh. 100/- (One Hundred only).
10. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Yalla Beena shall be the minimum permitted under Applicable Law.
13. APPLICATION LICENSE
1. Subject to Your compliance with these User Terms, Yalla Beena grants You a limited, revocable, non-exclusive, non-transferable and non-sub licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to use the Site.
2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet "links" to the Service or "frame" or "mirror" any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy any ideas, features, functions or graphics of the Service or Site, or (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 Service or Site.
3. You shall not:
(i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
(iii) send or store 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 Site, the Application or Service or the data contained therein; or
(v) attempt to gain unauthorized access to the Site, the Application or Service or its related systems or networks.
4. Yalla Beena will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Yalla Beena may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Yalla Beena has no obligation to monitor Your access to or use of the Site, Service or Posted Content, but has the right to do so for the purpose of operating the Site and Service, to ensure Your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. Yalla Beena reserves the right, at any time and without prior notice, to remove or disable access to any content that Yalla Beena , at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
14. CONTENT POSTED BY CUSTOMERS
1. Yalla Beena may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Site ("Posted Content") by You. You represent that You have obtained all permissions and consents required to post the Posted Content and such Posted Content complies with all requirements of the Posted Content. Yalla Beena shall not in any manner be responsible for or endorse the Posted Content.
2. You agree that when posting Posted Content, You will not:
i. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.
ii. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.
iii. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
iv. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Site specifically allows such messages.
v. Conduct or forward surveys, contests, pyramid schemes or chain letters.
vi. Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.
vii. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
viii. Deceive or mislead the addressee about the origin of a messages or communicate any information which is grossly offensive or menacing in nature.
ix. Restrict or inhibit any other user from using and enjoying the Site.
x. Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.
xi. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
xii. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
xiii. Violate any Applicable Laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
15. INTELLECTUAL PROPERTY OWNERSHIP
1. Yalla Beena alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to
i. the Site, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations;
ii. text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
iii. other information provided by You or any other party relating to the Site, Application or the Service.
Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
2. These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by Yalla Beena. You shall be solely responsible for any violation of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
3. You may use information on the Site purposely made available by Yalla Beena for downloading from the Site, provided that You:
i. do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
ii. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
iii. do not make any additional representations or warranties relating to such information.
16. TERM AND TERMINATION OF LICENSE AGREEMENT
1. Unless terminated in accordance with this Clause 17, the agreement between Yalla Beena and You is perpetual in nature upon downloading the Application and for each Ride booked through the Site.
2. You are entitled to terminate the agreement at all times by deletion of Your Account, thus disabling the use by You of the Site. You can close Your Account at any time by following the instructions on the Site.
3. Yalla Beena is entitled to terminate the agreement at all times and with immediate effect (by disabling Your use of the Site and the Service) if You:
(a) violate or breach any term of these User Terms, or
(b) in the opinion of Yalla Beena, misuse the Application or the Service. Yalla Beena is not obliged to give notice of the termination of the agreement in advance. After termination Yalla Beena will give notice thereof in accordance with these User Terms.
4. Termination of this agreement will not prejudice accrued rights of either Yalla Beena or You.
5. Clauses 11 (Indemnification), 12 (Liability), 13 (Application License), 14 (Contents posted on Site/ Application), 15 (Intellectual Property Ownership), 17 (Term and Termination), 22 (Notice) and 24 (Applicable Law and Dispute Resolution) and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
17. INVALIDITY OF ONE OR MORE PROVISIONS
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
18. CONFLICT
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between You and Yalla Beena, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
19. DISCLAIMER
1. You agree that Yalla Beena is merely an electronic platform to facilitate aggregation of Vehicles and does not in any manner provide transportation services. Yalla Beena does not endorse, advertise, advise or recommend You to avail the Services of any Driver. Yalla Beena also does not guarantee or provide assurance in respect of the behavior, actions or data of the users posted on the Site.
2. We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.
3. Yalla Beena and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Site, or Your reliance upon the Service or the information contained upon the Site (whether arising from Yalla Beena or any other person's negligence or otherwise).
4. This Site, Application and all content on the Site and the Application are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by Your access of the Site and/or Application, that Your access of the Site and/or Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Site and/or Application, and that Yalla Beena shall not be liable for any damages of any kind related to Your access and use of this Site and/or Application.
5. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.
20. MODIFICATION OF THE SERVICE AND USER TERMS
1. Yalla Beena reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Application at any time.
2. Yalla Beena shall not be required to notify You of any changes made to these User Terms. The revised User Terms shall be made available on the Site. You are requested to regularly visit the Site to view the most current User Terms. You can determine when Yalla Beena last modified the User Terms by referring to the "Last Updated" legend above. It shall be Your responsibility to check these User Terms periodically for changes. Yalla Beena may require You to provide Your consent to the updated User Terms in a specified manner prior to any further use of the Site and the Services. If no such separate consent is sought, Your continued use of the Site, following the changes to the User Terms, will constitute Your acceptance of those changes. Your use of the Site and the Services is subject to the most current version of the User Terms made available on the Site at the time of such use.
21. NOTICE
1. Yalla Beena may give notice by means of a general notice on the Service or Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in Yalla Beena ’s account information.
2. You may contact Yalla Beena by electronic mail at Our email address connect@yallabeena.info or by written communication sent by regular mail to Our address at P. O Box 2117, Thika
22. ASSIGNMENT
You shall not assign Your rights under these User Terms without prior written approval of Yalla Beena. Yalla Beena can assign its rights under the User Terms to any affiliate.
23. APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of Kenya. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, "Disputes") the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Yalla Beena as Yalla Beena may designate.
In the event the dispute is not resolved internally between after at least 90(thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration Act as amended from time to time or in case the Arbitration Act is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Yalla Beena and You. The place of the arbitration shall be Nairobi, Kenya unless otherwise mutually agreed by Yalla Beena and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Nairobi Kenya.