Terms and Services
1. Contractual Relationship
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Tayseer Inc., a company with its registered office at P.O. Box 146, Olya St., Riyadh, Saudi Arabia (Registration number 76467754) (“Tayseer”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates.
This Agreement governs your use of the Tayseer application, website, call centre and technology platform (collectively, the “Tayseer Platform”) for the purpose of providing transportation provider services and Assisting services (collectively, the “Assisting Services”) as a Tayseer Agent (a “Tayseer Agent”) to users (“Users”) who have booked a trip from one geographic location to another geographic location (a “Trip”) via the Tayseer Platform. In many jurisdictions, the right to operate the Tayseer Platform is licensed by Tayseer Inc. to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Tayseer Platform as a Tayseer Agent in your jurisdiction. Where no Affiliate exists in your jurisdiction but use of the Tayseer Platform is available to you, the right to access and use the Tayseer Platform will be provided to you by Tayseer Networks FZ-LLC.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE TAYSEER PLATFORM.
Your access and use of the Tayseer Platform as a Tayseer Agent constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Tayseer. If you do not agree to this Agreement, you may not access or use the Tayseer Platform or provide Assisting Services as a Tayseer Agent. This Agreement expressly supersede prior agreements or arrangements with you. Tayseer may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Tayseer Platform or any portion thereof, at any time for any reason.
Tayseer may amend this Agreement from time to time. Amendments will be effective upon Tayseer’s posting of such updated Agreement at this location. Your continued access or use of the Tayseer Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
1. The Tayseer Platform
YOU ACKNOWLEDGE THAT NEITHER TAYSEER NOR ITS AFFILIATES PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY YOU AS AN INDEPENDENT THIRD PARTY CONTRACTOR WHO IS NOT EMPLOYED BY Tayseer OR ANY OF ITS AFFILIATES.
1. License
Subject to your compliance with this Agreement, Tayseer grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Tayseer Platform on your device solely to provide Assisting Services to Users; and (ii) access and use any content, information and related materials that may be made available to you through the Tayseer Platform, in each case solely to provide Assisting Services to Users. Any rights not expressly granted herein are reserved by Tayseer and Tayseer’s licensors.
1. b) Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Tayseer Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Tayseer Platform except as expressly permitted by Tayseer; (iii) decompile, reverse engineer or disassemble the Tayseer Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Tayseer Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Tayseer Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Tayseer Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Tayseer Platform or its related systems or networks.
1. c) Ownership
The Tayseer Platform and all rights therein are and shall remain Tayseer’s property or the property of Tayseer’s licensors. Neither this Agreement nor your use of the Tayseer Platform convey or grant to you any rights: (i) in or related to the Tayseer Platform except for the limited license granted above; or (ii) to use or reference in any manner Tayseer’s company names, logos, product and service names, trademarks or services marks or those of Tayseer’s licensors.
1. Your Use of the Tayseer Platform
1. a) User Accounts
In order to use the Tayseer Platform, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years to obtain an Account and hold a valid Assisting license for the jurisdiction in which you intend to drive. You must have no criminal convictions, no incidents of Assisting without a Assisting license or without necessary insurance, you must not have been involved in any fatal vehicular accidents and have no history of reckless Assisting. Account registration requires you to submit to Tayseer certain personal information, such as your name, address, mobile phone number and age. Our collection and use of personal information in connection with the Tayseer Platform is as provided in Tayseer’s Privacy Policy located at https://www.Tayseer.com. Further to the information provided in the Privacy Policy regarding personal information sharing and transfers, you agree to Tayseer: (i) collecting information about you, including your Assisting history, security information and other records related to your ability to perform services as a Tayseer Agent and (ii) providing 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 such information or data is necessary to resolve the complaint, dispute or conflict. You agree to maintain accurate, complete, and up-to-date information in your Account, and to submit all required information in order to allow Tayseer and its Affiliates to communicate with you as needed. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Tayseer Platform or Tayseer’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Tayseer in writing, you may only possess one Account.
1. b) Network Access and Devices
You will ensure that any device provided by Tayseer or its Affiliates and any software incorporated in and/or accessed through the device (“Equipment”) is used in accordance with the instructions provided from time to time, safely and with care. You will pay to Tayseer any rental or recovery charges in respect of Equipment as notified to you by Tayseer in writing. You will not misuse the Equipment (including the data and information related thereto or contained therein) and shall not allow any third party (including any competitor of Tayseer) to operate or examine the Equipment (including the data and information related thereto or contained therein) without Tayseer’s or the relevant Affiliate’s prior written consent.
You will not cause any damage to any Equipment and you will pay to Tayseer any telecoms charges arising in connection with unauthorized use or damage by you of the Equipment.
1. Your Relationship with Tayseer and Tayseer Customers
1. a) Performance Reviews
Tayseer reserves the right to review your performance from time to time while you are providing Assisting Services, and in some cases, such a review may be carried out anonymously by Tayseer personnel or by an independent third party contracted by Tayseer. You understand and agree that we may collect personal information about you, including but not limited to images and videos, during such a review. As a result of any such review, we may restrict your access and use of the Tayseer Platform and/or terminate this Agreement with you.
1. Promotional Activities
While providing Assisting Service for Tayseer, you will not promote or advertise companies or services which compete with Tayseer. Your failure to comply with the terms of this section may result in your inability to access and use the Tayseer Platform or Tayseer’s termination of this Agreement with you.
1. c) Vehicle and Maintenance
The vehicle to be used for the transporting Customers must be registered under your personal name as a private vehicle or under the name of a registered transport service provider in your jurisdiction of operation. Requirements relating to the vehicle’s engine capacity and age will be notified to you by Tayseer representatives and you must comply with such requirements at all times.
You will be exclusively responsible for maintenance of your vehicle. You will be responsible to obtain a full inspection of your vehicle from a service provider pre-approved by Tayseer at least once in every calendar year and will keep valid your vehicle’s technical inspections certificate from the relevant government authorities.
1. d) Applicable Law, Authorizations and Insurance
You represent, warrant and undertake that: (i) your use of the Tayseer Platform will be in compliance with all Applicable Laws (ii) you hold and will maintain all required permits (including residence permits), licenses, consents, registrations (whether from a sponsor, registered transport service provider, governmental agency or otherwise) and other governmental authorizations necessary for conducting, carrying out and continuing to use the Tayseer Platform and providing Assisting Services, including a valid agent’s license for the jurisdiction in which you are providing Assisting Services to Users and/or using the Tayseer Platform, and all expressly required commercial licenses, if any, required by applicable law and (iii) you have and will maintain a valid policy for the appropriate liability insurance and such other insurances as are considered market practice in your jurisdiction (all in industry standard coverage amounts and not less than the minimum coverage amounts required by applicable law) in order to use the Tayseer Platform and provide Assisting Services to Users.
1. e) Customer Care
You will transport Users safely to their required destination without accident, collision, harassment or injury caused by you or any third party. You will not: (i) engage in reckless behaviour while Assisting (ii)operate a vehicle that is unsafe to drive (iii) permit an unauthorized third party to accompany you in the vehicle (iv) while acting as a Tayseer Agent be under the influence of alcohol or narcotics, or (v) take any action or omit to take any action that harms or threatens to harm the safety of Users or any third party.
You will not attempt to defraud Tayseer, its Affiliates or Users. If we suspect that you have engaged in fraudulent activity, we may suspend payment of applicable Fees or other payments to you while we conduct an independent investigation into the suspected behaviour. We reserve the right to take any appropriate measures including but not limited to terminating this Agreement with you, notifying the relevant authorities and / or filing criminal charges against you.
You will make reasonable accommodation for Users and/or for service animals, where required by law.
1. f) Training
You understand and agree that Tayseer may interview and provide training to you from time to time. Any such training which Tayseer provides will be without prejudice to your obligations under this Agreement and Tayseer will have no responsibility or liability for your acts, performance or behaviour.
1. g) Good Condition
You represent, warrant and undertake that you will provide Assisting Services to Users in a vehicle which is: (i) suitable in all material ways for the transportation of Users (ii) kept in good operating condition and meets the industry safety standards for a vehicle of its kind in your jurisdiction (iii) is lawfully operated by you and (iv) complies with relevant regulations issued by the transportation authority in the jurisdiction in which you provide Assisting Services as a Tayseer Agent.
1. Payments, Pricing and Charges
1. a) Fees
Fees for Trips charged to Users by you (excluding the Usage Fee (as defined below) will be agreed from time to time with Tayseer. In the event that a User pays for a Trip with a credit card payment, Tayseer will collect the fee on your behalf as a payment agent and ensure the same is delivered to you.
Tayseer reserves the right to charge a separate usage fee for a Trip payable by the relevant User (the “Usage Fee”). In the event that a User pays for a Trip with a cash payment, it is your responsibility to collect the Usage Fee on behalf of Tayseer and ensure the same is delivered to Tayseer once the cash payments reach an amount determined by Tayseer and notified to you from time to time by a Tayseer representative. All such Usage Fees are due and payable by you to Tayseer within 15 calendar days of receipt (the “Payment Period”).
In the event that you do not deliver any Usage Fee amount to Tayseer within the Payment Period, Tayseer and/or its relevant Affiliate reserves the right to offset any undelivered Usage Fees against credit card payments and, to the extent permitted by law, to engage a local collection agency in order to manage the collection of overdue Usage Fee amounts and any appropriate injunctive claims or actions necessary in relation to collecting such Usage Fee amounts.
With respect to any credit card payment or cash payment made by a User, you authorize Tayseer to provide a receipt to such User for and on your behalf in order to affect the relevant transaction and you and Tayseer have the right of set-off with respect to the foregoing.
You will be responsible for any taxes or charges payable with respect to the fees charged by you to a User relating to a Trip.
1. Pricing
Pricing for Trips is determined at the sole discretion of Tayseer on a distance travelled basis in kilometres or miles, depending on the jurisdiction in which you are providing Assisting Services. A list of pricing is available in the Tayseer offices in your jurisdiction. Tayseer reserves the right to amend any applicable pricing terms from time to time without providing notice to you.
1. Tayseer Standards
You are required to meet certain Tayseer standards, including but not limited to wearing the appropriate uniform, providing excellent customer care and carrying out Assisting Services in a vehicle which meets the quality standard required by Tayseer. Tayseer makes available a full list of such standards at your local Tayseer office (the “Tayseer Standards”). You are responsible for expenses and charges associated with failing to meet any Tayseer Standard and as a result Tayseer will deduct an amount for violation of a Tayseer Standard from any Fees payable to you. Tayseer reserves the right to update Tayseer Standards from time to time without written notice.
1. Repair and Cleaning
You are responsible for damage to, or necessary cleaning of, your vehicle and property, resulting from use of the Tayseer Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”) whether or not caused by a User. In the event that a you report the need for Repair or Cleaning caused by a User to Tayseer, and such Repair or Cleaning request is verified by Tayseer in Tayseer’s reasonable discretion, Tayseer will attempt to facilitate payment from the User to you for the reasonable cost of such Repair or Cleaning.
1. Disclaimers, Limitation of Liability and Indemnity
1. a) Disclaimer
THE TAYSEER PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TAYSEER AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Tayseer AND ITS AFFILIATES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE Tayseer PLATFORM OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE Tayseer PLATFORM, OR THAT THE Tayseer PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER Tayseer NOR ITS AFFILIATES GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF USERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE Tayseer PLATFORM, AND ANY SERVICE OR GOOD REQUESTED OR PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
1. b) Limitation of Liability
NEITHER TAYSEER NOR ITS AFFILIATES NOR PARTNERS SHALL 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 Tayseer PLATFORM, EVEN IF TAYSEER OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER Tayseer NOR ITS AFFILIATES NOR PARTNERS SHALL BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE TAYSEER PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE TAYSEER PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER, EVEN IF Tayseer AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER Tayseer NOR ITS AFFILIATES NOR PARTNERS SHALL BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TAYSEER’S REASONABLE CONTROL. IN NO EVENT SHALL TAYSEER’S,ITS AFFILIATES’ OR PARTNERS’ TOTAL LIABILITY TO YOU IN CONNECTION WITH THE Assisting SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND UNITED STATES DOLLARS.
YOU AGREE THAT EACH OF Tayseer, ITS AFFILIATES AND ITS PARTNERS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY Assisting SERVICES PROVIDED BY YOU TO USERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
1. c) Indemnity
You agree to indemnify and hold Tayseer and its Affiliates, officers, directors, employees, agents and partners 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 Tayseer Platform or services or goods provided through your use of the Tayseer Platform; (ii) your provision of Assisting Services; (iii) your breach or violation of any of this Agreement; or (iv) your violation of the rights of any third party, including Users.
1. Dispute Resolution
1. a) Arbitration
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Tayseer Platform (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Tayseer Affiliate in your jurisdiction, or between you and Tayseer Networks FZ-LLC if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Tayseer are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Tayseer (or a relevant Affiliate) otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Tayseer and/or any of its Affiliates.
1. b) Arbitration Process and Rules
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Tayseer Platform, your provision of Assisting Services or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration 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 from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
1. Other Provisions
1. a) Choice of Law
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to such jurisdiction.
1. b) Confidentiality
You agree to treat all information concerning Tayseer and its Affiliates and all information concerning Users which has been provided to you as Confidential Information and you will not, except as provided in this Agreement, disclose, use or permit the disclosure or use of such information to any third party.
1. c) Notice
Tayseer may give notice by means of a general notice on the Tayseer Platform, 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 Tayseer or its Affiliates by written communication to Tayseer's general email address at go@Tayseer.com.
1. d) General
You may not assign or transfer this Agreement in whole or in part without Tayseer’s prior written approval. You give your approval to Tayseer for it to assign or transfer this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Tayseer’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Tayseer, its Affiliates or any User as a result of the contract between you and Tayseer or use of the Tayseer Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforce-ability of the other provisions in this Agreement shall not be affected. 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 this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.”