This Partner Agreement constitutes the full agreement between the Partner (also referred to as “you”) and YES BOSS LUXURY CAR TRANSPORT platform, (hereinafter referred to as the “Platform”), owned and operated by YES BOSS LUXURY CAR TRANSPORT L.L.C, a Limited Liability Company incorporated in accordance with the laws of  the United Arab Emirates,  commercial license number: 1146329 issued by the Department of Economic Development (DED) of Dubai on 19/04/2023, registered at the address Office No. 607 — Malak Al Sayyah and Sons Investment LLC, Business Bay Dubai, UAE (hereinafter referred to as the “Company”, “we”).

The Company in relation to the Partner offering Passenger Transport Services through the Platform as defined below.

By registering as a Partner via Company’s Website you as a Partner agree to be bound by this Partner Agreement (“Agreement”). This Agreement also applies to the supply of all Passenger Transport Services. Please review this Agreement carefully before you accept the applicability thereof by registering as a Partner of the Company on the Website.

The Partner and the Company may hereinafter be referred to as the Parties to this Partner Agreement.

1. DEFINITIONS

“Cancellation Fees” means the cancellation fees set out below in this Agreement.

“Client (s)” means the individual (s) attracted and/or provided by the Partner in order to use the Passenger Transport Services as defined below. The Partner after completing the registration on the Website, books the Company’s services for the Partner’s Clients via the Partner’s Account on the Website.

“Company” means YES BOSS LUXURY CAR TRANSPORT L.L.C, a Limited Liability Company incorporated in accordance with the laws of the United Arab Emirates, commercial license number: 1146329 issued by the Department of Economic Development (DED) of Dubai on 19/04/2023.

 “Driver” means a natural person or legal entity providing Passenger Transport Services. All Drivers are licensed and certified in accordance with all applicable (local) laws and regulations and all Driver vehicles are licensed and certified in accordance with all applicable (local) laws and regulations.

“Drop-Off Location” means the location specified by the Partner in the Passenger Transport Booking Request: where a Driver is required to drop off a Passenger in the case of a Passenger Transport Services.

“Partner” means a legal person who via its authorized representatives books Passenger Transport Services on the Company’s Website and via Partner Account for its Clients on the terms of this Agreement.

“Partner’s Account” means an account on the Website registered and used by the Partner in order to book the Passenger Transport Services for its Clients on the terms of this Agreement.

 “Passenger Transport Booking Request” means the Partner’s request via the Website for a Driver to perform the Passenger Transport Services, setting out details of the desired Pick-Up Time, Pick-Up Location, Drop-Off Location and any other information required by the Driver relating to the requested Passenger Transport Services.

“Passenger Transport Services” means the private hire transportation of Client (s) from one location to another by a Driver in accordance with a Passenger Transport Booking Request, this Agreement, and any applicable policies of the Company, (local) laws or regulations.

“Platform” means the digital Platform located on the Website as defined below and available to the clients via the YES BOSS Application in App Store, Google Play and similar resources.

“Pick-Up Location” means the location specified by the Partner in the Passenger Transport Booking Request where a Driver is required to pick up its Clients (s).

“Pick-Up Time” means the time specified by the User, and confirmed by the Driver, to collect Client (s) in respect of the Passenger Transport Services.

“Transport Charges” means the transport charges specified in this Agreement.

 “Website” means the Company’s website located on https://yes-boss.ae. You should register via the Website to become a Partner of the Company in order to provide Company’s services to your clients.

2. CREATING AN ACCOUNT

2.1. The Partner has the access to Partner’s account only via the Website. All the Partner’s bookings shall be made via the Website only. Before being able to place a Passenger Transport Booking Request Partners must either create a corporate account (Partner’s Account) via the Website.

2.2. Corporate accounts are meant for commercial use within the business sector, whereby certain benefits may apply between the Partner and the Company, as well as between the Partner and its Clients (as defined by separate agreements between the Partners and the Clients), using the Passenger Transport Services and provided to the Company by the Partner.

2.3. In order to create a corporate account, a Partner’s authorized representative shares his/her first name, last name, email address, telephone number, company name, company registered number, company registered address, credit card data and/or corporate bank account details, as well as another details of the Partner that can be requested by the Company anytime in the future. The Partner guarantees that all data provided is true, correct and up to date. It is not possible to link a credit card to a corporate account which is not registered in the Partner’s name or name of duly authorized person of the Partner.

2.4. The Company may suspend or terminate business accounts at any time for any reason including without limitation if the Company has reasons to believe that the account is created with false data or otherwise used for fraudulent purposes.

3. CONDITIONS OF USE

3.1. The Partner will not, nor allow third parties on the Partner’s behalf to (i) make and distribute copies of the Platform  (ii) attempt to copy, rent, sub-license, loan, merge, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, translate, hack, distribute, harm or misuse the Platform; or (iii) create derivative works of the of any kind whatsoever.

3.2. The Company reserves the right to amend or withdraw the Platform, or charge for the Platform or service provided to the Clients in accordance with its policies, at any time and for any reason.

3.3. The Partner acknowledge that the terms of agreement with Partner’s respective internet network provider (“Provider”) will continue to apply when using the Platform. As a result, the Partner may be charged by the Provider for access to network connection services for the duration of the connection while accessing the Platform or any such third party charges as may arise. Partners accept responsibility for any such charges that arise.

3.4. If the Partner is not the bill payer for the mobile telephone or handheld device being used to access the Platform, the Partner will be assumed to have received permission from the bill payer for using the Platform.

3.5. All Partners shall ensure that at all times they comply with and shall procure that each Client (where and to the extent it’s applicable) complies with this Agreement. Any failure to comply shall result in immediate suspension of the Partner’s right to access the Platform Passenger Transport Services. Further, to the extent the Driver considers that the Partner or Client is not in compliance with this Agreement to due extent, it shall be entitled to cancel the provision of the relevant Driver Services.

4. BOOKING PASSENGER TRANSPORT SERVICES

4.1. The Partner may request Passenger Transport Services by submitting a Passenger Transport Booking Request via the Website only.

4.2. By submitting a Passenger Transport Booking Request, the Partner is offering to purchase Passenger Transport Services subject to  this Agreement. This does not mean that the Passenger Transport Booking Request has been accepted.

4.3. The Company acts as an agent on behalf of the Drivers and is authorised to accept and allocate Passenger Transport Booking Requests on their behalf.

4.4. All the bookings are made by contacting a Yes Boss manager using the Platform. The services provided by the Company through the Website by means of contacting a Yes Boss manager include: (i) the acceptance of Booking Requests by a manager; (ii) provision of the booking confirmation to a Partner by a manager.

4.5. The Company may not confirm the Booking Request by the Partner. In this case, the Company shall inform the Partner within reasonable period of time, but not more than (120) minutes from placing of Booking Request by the Partner. The Company may suggest another vehicle type or another time of Pick Up to the Partner as not initially requested by the Partner.

4.6. Registration on Website as a Partner is provided by the Company to Partners free of charge.

5. APPLICABLE FEES

5.1. Transport fees. The Company (acting as an intermediary between the Driver and the User) shall charge the Partner the agreed transport fees for the provision of Passenger Transport Services (the allocation of which shall be subject to a separate agreement between the Company and the Driver), calculated in accordance with its set rate for such services for the Partners (“Transport Charges”). Transport fees are calculated in the application according to the Company’s formula.

5.2. Cancellation Fees. In the case where Partner cancels a Passenger Transport Booking Request less than 12 hours before the booking time if it is transfer order, and less than 6 hours if it is rent order, before the agreed Pick Up, or the Company (either itself or at the Driver’s request) cancels a Passenger Transport Booking Request due to:

• the Passenger not being at the agreed Pick-Up Location at the Pick-Up Time; and/or
• The Partner being in breach of this Agreement.

5.2.1. Cancellation fees in any case shall not exceed 50 % (fifty per cent) of the booking cost.

5.3. The Company will charge the Partner a cancellation fee, including waiting time, which will be at least the amount of the minimum fare (“Cancellation Fees”). Cancellation fees if cannot be held on the prepaid balance of the Partner, shall be reimbursed from credit card details of the Partner in the Partner’s Account or reimbursed by issuing an invoice, depending on the payment method used and preferred between the Parties.

6. PAYMENTS

6.1. All the bookings from the Partner shall be paid on monthly basis. Partners shall pay each invoice to the Company within 30 days of the date of the invoice unless otherwise agreed in writing with the Company.

6.2. The following payment methods are accepted by the Company:

6.2.1 Credit card payments. The Partner may link a credit card details in Partner’s account if it is preferred by the Partner;

6.2.2. Payment Using Corporate Account.

6.3. The Company reserves the right to immediately suspend the Partner’s access to the Partner’s account and its features in the event of any overdue payment.

6.4. If for any reason any payment is not made when due, the Company reserves the right to be paid on an indemnity basis any costs the Company incurs in recovering any money due under any and all unpaid invoices (and the costs of recovering such costs) including the Company’s administrative costs and any associated costs incurred with lawyers or debt collection agencies. The Company’s administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent.

6.5. Promotion rides and rewards. The Company may provide the Partners with promotional rides. The Company is free to delete promotional rides or rewards from the Partner’s account at any time, in particular when the Company has reasons to believe that the Partner engages in referral fraud by creating duplicate accounts.

6.6. Payment processors. In order to charge set rates, the Company uses services of third party payment processors. The Company is not responsible or liable for errors by these payment processors.

6.7. No refunds. To the fullest extent permitted by law, all payments charged by the Company are non-refundable

7. RULES OF CONDUCT FOR CLIENTS

7.1 All Partners guarantee that their Clients will comply with the following rules and guidelines:

• No more than 4 (four) passengers in one vehicle (or 8 (eight) passengers for V-class). No smoking.
• No littering, eating or spilling of liquids.
• No distracting the driver from the road.
• No causing hazardous situations.

7.2 In case of repair for damage to, or necessary cleaning of, Driver’s vehicles and resulting from Clients conduct when using the Driver Services in excess of normal “wear and tear”, such damages and necessary cleaning shall be reimbursed by the Company and compensated to the Driver according to the procedure prescribed by the applicable law. 

7.3. In case of smoking in the vehicle by the Client, the Partner shall be fined by the Company for 360 AED for this violation. The Partner is entitled to reimburse such expenses from the Client directly.

8. DATA PROTECTION AND PRIVACY

8.1. The Company guarantees its Partners and the Clients that personal data remains safe and private. Any personal data that the Partner supplies to the Company when using the Partner Account will be used by the Company in accordance with UAE data protection rules and Privacy Policy.

8.2. The Company does not store credit card data. The Company holds PCI-DSS certification to ascertain this.

9. INTELLECTUAL PROPERTY RIGHTS AND LICENCE

9.1. All trademark rights, copyright, database rights and any other intellectual property rights of any nature vesting in the Platform together with the underlying software code are exclusively owned by the Company.

9.2. The Company hereby grants the Partner a worldwide, non-exclusive, non-transferable royalty-free revocable license to use the Website and Partner Account for business use in accordance with this Partner Agreement.

10. DISCLAIMER OF WARRANTIES

10.1. The Company will use reasonable efforts to make the Website available at all times. However, the Partner acknowledges the Website is provided over the internet and mobile networks, and thus the quality and availability of the Website may be affected by factors outside the Company’s reasonable control.

10.2. The Company sub-contractors do not accept any responsibility whatsoever for unavailability of the Website, or any difficulty or inability to download or access content or any other communication system failure which may result in the Website being unavailable.

10.3. The Company will not be responsible for any support or maintenance for the Website.

10.4. To the maximum extent permitted by law, the Company hereby disclaims all implied warranties with regard to the Website. The Website and software are provided “as is” and “as available” without warranty of any kind.

11. LIMITATION OF LIABILITY

11.1. To the fullest extent permitted by law, the Company is in no event liable for any indirect, punitive, exemplary or consequential losses or damages of whatsoever kind suffered or incurred by Partners and/or Clients arising out of the Driver Services.  

11.2. If a Partner or Client has any complaints regarding the actions or inactions of any Driver (s), then it shall contact the Company in the first instance.

11.3. Neither is the Company or Driver in any event liable for:

• the actions or inactions of Partners or Clients;
• failure to meet any of the Company’s obligations under this Agreement where such failure is due to events beyond the Company’s control (for example a network failure);
• any damage or alteration to the Partner’s equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Website; and

11.4. Nothing in this Agreement shall exclude or limit the Company’s liability for a) death or personal injury caused by the Company’s negligence; b) fraud; or c) any other liability which cannot be excluded or limited under applicable law.

12. GOVERNING LAW AND DISPUTES RESOLUTION

12.1. This Agreement shall be governed by the laws of the United Arab Emirates.

12.2. Any dispute arising in connection with or in relation to this Agreement, including any question regarding its existence, validity or termination, all non-contractual obligations arising in any way whatsoever out of or in connection with the Agreement, shall be resolved by the Parties through negotiations. If no agreement is reached, the dispute shall be referred to and finally resolved in Dubai Courts in accordance with the laws of the United Arab Emirates.

13. MISCELLANEOUS

13.1. For any suggestions, complaints or questions, please mail us via manager@yes-boss.ae

13.2. The Company may make changes to this Agreement without your consent. At the same time, we notify you of such changes by sending information about them or a new version of the Partner Agreement by e-mail specified and confirmed in your Partner’s Account. By continuing to use the Website and Partner’s Account, you consent to such changes.

13.3. The new Agreement is effective from the moment it is sent to you by e-mail, unless otherwise provided by the new edition of this Agreement.

14. ADDRESS AND DETAILS OF THE COMPANY

Name of the company	YES BOSS LUXURY CAR TRANSPORT L.L.C
License Number	1146329
Registered office address	Office No. 607 — Malak Al Sayyah and Sons Investment LLC, Business Bay Dubai, UAE
Company’s contact e-mail	manager@yes-boss.ae