These Terms of Use (hereinafter referred to as the “Terms”) govern the use of YES BOSS LUXURY CAR TRANSPORT digital platform, (hereinafter referred to as the “Platform”) the 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 YES BOSS LUXURY CAR TRANSPORT(hereinafter referred to as the “Company”, “we”), including the website https://yes-boss.ae and the YES BOSS Application, which provides access to the Platform services and available in App store/Google Play or similar resources.

These Terms are an offer, by accepting which the User agrees with the provisions contained therein. Acceptance is expressed in your confirmation of registration as a User of the Platform in accordance with these Terms.

The Terms, together with the Risk Statement, Privacy Policy and Cookies Policy form a binding agreement (hereinafter referred to as the “Agreement”) between the Company and you as a user (hereinafter referred to as “you” or “User”) for your individual use of the Platform. By registering as a User of the Platform, as well as using the Platform, you confirm your acceptance of the Agreement and your authorization to use the Platform, its products and services. If you do not agree with the Terms, this Risk Statement, Cookies Policy, or Privacy Policy, or not duly authorized to use the Platform, its products and services, you must immediately stop using the Platform.

       Please review these Terms carefully before you accept the applicability thereof by registering on the Platform.

1. DEFINITIONS

“Platform” means YE YES BOSS LUXURY CAR TRANSPORT digital platform, (hereinafter referred to as the “Platform”) the owned and operated by YES BOSS LUXURY CAR TRANSPORT L.L.C, to enable User to book Driver Services in accordance with these Terms.

“Booking Request” means a Passenger Transport Booking Request in the case of Passenger Transport Services.

“Cancellation Fees” means the cancelation fees set out in clause 6.

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

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

“Passenger” means the natural person (who may be the User or another individual) who is the subject of the Passenger Transport Service.

“Passenger Transport Booking Request” means the User’s request via the Platform for a Driver to perform the Passenger Transport Service, 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 Service.

“Passenger Transport Service” means the private hire transportation of a Passenger from one location to another by a Driver in accordance with a Passenger Transport Booking Request and these Terms.

“Pick-Up Location” means location specified by User in the Booking Request where Driver is required to pick up a Passenger in the case of a Passenger Transport Services.

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

“Transport Charges” means the transport charges specified in the Terms.

2. REGISTERING A USER ACCOUNT

2.1. Before being able to place a Booking Request via the Platform, User must either create a personal account or a corporate account via the Platform. Personal accounts are solely meant for private, non-commercial use. Corporate accounts are meant for commercial use within the business sector, whereby certain benefits apply.

2.2. In order to create a personal account, User shares his/her first name, last name, email address, telephone number and credit card data. User guarantees that all data provided are true, correct and up to date. It is not possible to link a credit card to a personal account which is not registered in User’s name.

2.3. In order to create a corporate account, User shares his/her first name, last name, email address, mobile phone number, company name, company registered number, company registered address and credit card data. User guarantees that all data provided are true, correct and up to date. It is not possible to link a credit card to a corporate account which is not registered in User’s name. The Platform may request to provide the documents to prove the identity of the User or/and corporate details, if applicable.

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

3. USE OF THE PLATFORM

3.1. User will not resell any Drivers Services offered via the Platform.

3.2. User will not, nor allow third parties on User’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 Platform of any kind whatsoever.

3.3. We reserve the right to amend or withdraw the Platform, or charge for the Platform or service provided to User in accordance with these Terms, at any time and for any reason.

3.4. User acknowledges that the terms of agreement with User’s respective mobile or internet network provider (‘Provider’) will continue to apply when using the Platform. As a result, User 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. User accepts responsibility for any such charges that arise.

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

3.6. User shall ensure that at all time it complies with and shall procure that each Passenger complies with these Terms. Any failure to comply shall result in immediate suspension of the User’s right to access the Platform. Further, to the extent the Driver considers that User and/or Passenger is not in compliance with these Terms, it shall be entitled to cancel the provision of the relevant Services.

4. BOOKING THE SERVICES

4.1. Users may request Passenger Transport Services by submitting a Passenger Transport Booking Request via the Platform.

4.2. By submitting a Booking Request, User is offering to purchase Passenger Transport Services subject to these Terms. This does not mean the Booking Request has been accepted. A contract between the User and the Driver for the purchase of Passenger Transport Services will only be made when the Partner/Driver, as applicable, accepts a Booking Request.

4.3. The Platform acts as an agent on behalf of the Drivers and is authorised to accept and allocate Booking Requests on their behalf. The User acknowledges and agrees that although the Company may accept and allocate Booking Requests via the Platform, the Driver Services are provided by the Driver (and not by the Platform) and contracts for the Passenger Transport Services are made between the User and the Driver. A contract between the User and the Driver will be formed once the Platform has allocated the Booking Request to a specific Driver and issued confirmation of the booking to User through the Platform in accordance with and subject to these Terms.

4.4. Once the contract between the User and the Driver is formed, it may be cancelled by User at any time without reason by notifying the Driver directly or using the Platform subject to payment of a Cancellation Fees and any applicable Transport Charges in accordance with clause 6.

4.5. The services provided by the Platform include: (i) the acceptance of Booking Requests and allocating of each accepted Booking Request to a Driver; (ii) provision of the booking confirmation to a User before their journey start; (iii) keeping a record of each accepted Booking Request and remote monitoring of the performance of the Passenger Transport Services by a Driver; and (iv) receipt of and dealing with feedback, questions and complaints relating to the Driver Services, as well managing any lost property queries relating to the Driver Services.

4.6. Access to and use of the Platform for Driver Services is provided by the Company to User free of charge. The Transport Charges for Driver Services provided by the Driver can also be found through the Platform. These may be modified or updated from time to time. It is User’s responsibility to remain informed about the current rates applicable to the services made available through the Platform.

5. SERVICES AND OTHER FEES

5.1. The up to date fares can be found at the Website or/and App of the Company.  

5.2. Transport fees. The Platform, acting as an intermediary between Driver and User, shall be entitled to charge User the agreed transport fees for the provision of Driver Services calculated in accordance with its set rate for the Driver Services (“Transport Charges”).

5.3. Cancellation Fees. In the case where individual User cancels a Booking Request 5 minutes after Driver has been assigned, or the Driver cancels a Booking Request due to (1) the Passenger not being at the agreed Pick-Up Location at the Pick-Up Time or (2) User being in breach of these Terms, the Platform will charge the User a cancellation fee including waiting time, which fee will at least be the amount of minimum fare (“Cancellation Fees”).

6. PAYMENTS

6.1. Payment Using Personal Account

6.1.2. Credit card payments only. Passenger Transport Services booked via the Platform can only be paid by credit card. After the ride, the set rate shall be charged automatically.

6.1.3. Timing. Transport Charges and Cancelation Fees shall be charged automatically by the Platform, acting as an intermediary between Driver and User once Driver has confirmed that Services have been completed and/or Services have been cancelled using the credit card linked to the personal account.

6.1.4. Insufficient funds on credit card. In case after the ride it appears that the credit card linked to User’s personal account does not have sufficient funds to cover the fare, User is obliged to add credit to his/her card within a week. Until the Platform has been able to charge the unpaid fare, User’s personal account will be locked. After receipt of the payment your personal account will be unlocked, User will then be free to continue to use the services offered via the Platform.

6.1.5. Multiple credit cards. User may link multiple credit cards to a personal account and choose the preferred card when making a Booking Request. In the event that the Platform is unable to charge the preferred card, it will charge any other card linked to User’s personal account.

6.1.6. Preauthorization.  The Platform may pre-authorize User’s credit card to ensure that there are enough funds to pay for the booked ride.

6.2. Payment Using Corporate Account

6.2.1. Monthly payment. Users of a corporate account can elect to pay monthly.  The Platform will provide a detailed invoice on the first date of each month setting out all Transport Charges and Cancellation Fees incurred under that corporate account in the preceding month.

6.2.2. The User shall pay each invoice to the Platform within 30 days of the date of the invoice unless otherwise agreed in writing with the Platform.

6.2.3. The Platform reserves the right to immediately suspend User’s access to the corporate account and its features in the event of any overdue payment.

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

6.3. Promotion rides and rewards

The Platform may provide new Users with promotional rides, or reward existing Users for inviting others who make a first journey. The Platform is free to delete promotional rides or rewards from User’s personal and/or corporate account at any time, in particular when the Platform has reasons to believe that User engages in referral fraud by creating duplicate accounts.

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

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

7. RULES OF CONDUCT FOR PASSENGERS

7.1 User guarantees that Passengers 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. User shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver’s vehicles and resulting from the Driver Services in excess of normal “wear and tear” damages and necessary cleaning. In the event that Driver reports the need for repair or cleaning via submitting to the Platform and to the User a photo or video proof of the damages or soiling, and such request is verified in the Platform’s reasonable discretion, we reserve the right to facilitate payment for such repair or cleaning on behalf of the Driver using User’s payment method designated in User’s account. Such amounts will be transferred by the Platform to the Driver and are non-refundable. User will receive an email with a receipt evidencing that the amount charged is equal to the cost of cleaning or repair.

7.2. In particular, but without prejudice to the generality of this clause 8, should a User and/or Passenger smoke in any vehicle whilst using the Passenger Transport Service, then the Platform shall be entitled to apply a cleaning fee of AED 360, which will be automatically charged to the User’s primary payment method.

8. DATA PROTECTION AND PRIVACY

8.1. The Platform guarantees its Users that personal data remains safe and private. Any personal data that User supplies to the Company when using the Platform will be used by  the Platform in accordance with its Privacy Policy.

8.2. For quality assurance and training purposes, the Platform may record telephone calls between Users and Drivers, as well as telephone calls between Users and customer support.

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

9. INTELLECTUAL PROPERTY RIGHTS AND LICENSE

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 and/or its group of companies.

9.2. The Company hereby grants User a worldwide, non-exclusive, non-transferable royalty-free revocable license to use the Platform for business and personal use in accordance with these Terms.

10. AVAILABILITY OF THE PLATFORM, DISCLAIMER OF WARRANTIES

10.1. This Platform is available on the website https://yes-boss.ae and on handheld mobile devices running Apple iOS and Android OS Operating Systems. The Platform will use reasonable efforts to make the Platform available at all times. However, User acknowledges the Platform is provided over the internet and mobile networks and thus the quality and availability of the Platform may be affected by factors outside the Company’s reasonable control.

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

10.3. The Company will not be responsible for any support or maintenance for the Platform via the Application.

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

11. SYSTEM REQUIREMENTS

11.1. In order to use the Platform via the Application, User is required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (’Software Requirements’).

11.2. The version of the Application software may be upgraded from time to time by the Company, at its sole discretion, in order to add support for new functions and services.

12. LIMITATION OF LIABILITY

12.1. User acknowledges and agrees that the Company via the Platform only acts as an intermediary, and does not provide the Driver Services itself. Consequently, to the fullest extent permitted by law, the Company is in no event liable for any direct, indirect, punitive, exemplary or consequential losses or damages of whatsoever kind suffered or incurred by a User arising out of the actions or inactions of any Drivers (including any failure by Driver to perform the Driver services). If User has any complaints regarding the actions or inactions of any Driver (s), User shall consequently handle this with the Driver.

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

• the actions or inactions of other Platform Users;
• the situation where Users mobile device is stolen and any third party subsequently makes use of User’s personal or corporate account;
• failure to meet any of the Company’s obligations under these Terms where such failure is due to events beyond the Company’s control (for example a network failure);
• any damage or alteration to User’s equipment including but not limited to computer equipment, handheld device or mobile.

12.3. Nothing in these Terms 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.

13. GOVERNING LAW AND DISPUTES RESOLUTION

13.1. These Terms and other documents constituting the Agreement shall be governed by the laws of the United Arab Emirates.

13.2. Any dispute arising in connection with or in relation to these Terms, other documents constituting the Agreement with the User, or in relation to the Platform, 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 Terms and 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.

14. MISCELLANEOUS

14.1. For any suggestions, complaints or questions, please mail us via manager@yes-boss.ae or report us via the chat function in the Platform.

14.2. The Company may make changes to these Terms without your consent. At the same time, we notify you of such changes by sending information about them or a new version of the Terms by e-mail specified and confirmed in your Account. By continuing to use the Platform, you consent to such changes.

14.2. These Terms, Cookies Policy, the Risk Statement, and the Privacy Policy constitute the entire and sole Agreement between you and the Company. If any provision of the documents making up the Agreement is held to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the other terms and conditions and shall not affect the validity and enforceability of any remaining provisions of the Agreement documents. These the Terms, the Risk Statement, Cookies Policy as well as the Privacy Policy cannot be changed, canceled or modified, except as provided by us in the provisions of the Agreement documents. No waiver by either party of any breach or default under the Agreement shall be deemed a waiver of any prior or subsequent breach or default.

14.3. The new Terms come into force from the moment it is posted on the Platform, unless otherwise provided by the new edition of the Terms.

15. 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