1. DEFINITIONS AND INTERPRETATION
“Account” means the account created by You on the Application for accessing the Services.” means the account created by You on the Application for accessing the Services.
Additional Fee” means any duty, VATs or charges that are not included in the Fare but are payable by the Customer to the Captain in respect of the costs incurred by the Captain any third party (including government agencies and regulatory authorities) under any Applicable Laws in connection with the Services“
“Applicable Laws” means all laws of Saudi Arabia.
“Application” means such features of the “Kddad” mobile application or other programs, software, mobile applications owned (or licensed to) by KDDAD, and other URLs as may be specified by KDDAD from time to time. The Application includes the electronic interface where Your Account is accessible to You, the login credentials (user ID and password) for which will be provided by KDDAD to You.
“Area of Operation” Saudi Arabia
“Booking Confirmation” has the meaning set out in clause 5.1
“Booking Services” shall mean such services provided by KDDAD which enable You book Rides on the Application and more fully described under Clauses 4.1 to 4.4 of these Customer Terms.
“Cancellation Fee” means the amount payable by You as a result of You cancelling a Ride in accordance with clause 7 and notified to you on the Application, from time to time (as such amount may be amended by KDDAD in accordance with clause 22).
“Card Details” has the meaning set out in clause 6.4.
“Device” has the meaning set out in clause 3.1(iii).
“Captain” means the individual driver (that provides taxis, commercial passenger vehicles, rideshare vehicles and the like) who is registered with KDDAD and operates the Vehicle.
“Eligibility Requirements” has the meaning set out in clause 3(i).
“Business Days” 24 hours 7 days a week
“Fare” means the amount specified on the Application payable for the specific Ride provided to you by a Captain.
“Force Majeure” has the meaning set out in clause 16.1.
“KDDAD” has the meaning given in the “Parties” section on the front page of these Customer Terms.
“Payment Processor” has the meaning set out in clause 6.3.
“Registration Data” means Your name, email address, telephone number and other information (including personal data) that You provide to KDDAD for registering on the Application.
“Ride” means the travel in the Vehicle by. The Ride is provided by the Captain and is facilitated through the Application.
“Services” means the technology services KDDAD provides which facilitate Rides and other products and services accessed through the Application or via an offline mode including an SMS, within the Area of Operation.
“Total Ride Fee” means the Fare, the Cancellation Fee and/or any Additional Fee (as applicable) specified on the Application.
“Vehicle” means a motor vehicle, owned or operated by the Captain, for the carriage of passengers.
“You / Your” means you, the user of the Application and Services. “Your Content” has the meaning given in clause 12.4.
2.REGISTRATION AND USAGE
2.1 In order to use the Services, Booking Services and the Application, You must:
(i) be competent to enter into a contract under Applicable Laws, and You must provide KDDAD with accurate, complete, current, valid and true Registration Data (“Eligibility Requirements”);
(ii) only open one Account using Your Registration Data, and not use the account of any other person;
(iii) provide Your own electronic device, which must have a functioning mobile number and the ability to read text messages (SMS) and push notifications from the Application, and meet the minimum device requirements that KDDAD may specify from time to time (“Device”). It is Your responsibility to check to ensure that You download the correct version of the Application for Your Device;
(iv) only use the Application solely in accordance with these Customer Terms and all Applicable Laws, and not use the Application, Booking Services or Services for any illegal or awful purposes;
(v) only use the Application, Booking Services and Services for Your sole, personal use, and not transfer, sell, sub-license or assign it to a third party;
(vi)Not do or try to do anything to interfere with or harm the Application, Booking Services, the Services or the network of KDDAD in any way whatsoever;
(vii) provide such information and documents which KDDAD may reasonably request from time to time, and promptly notify KDDAD of any change to any of Your Registration Data or other information provided to KDDAD; and
(viii)Only use an authorized telephony or internet network to access and use the Application. When using the Application, the Booking Services and the Services, standard messaging charges, data charges and/or voice charges (as applicable) may be imposed by Your network provider and the same are Your responsibility.
2.2 You are solely responsible for maintaining the confidentiality of Your Registration Data and Application login credentials, and will be liable for all activities and transactions, and any other misuse of the Application, that occurs through Your Account (whether initiated by You or any third party), except to the extent caused or contributed by KDDAD.
2.3 If the Device is lost or stolen, You must notify KDDAD immediately and ensure that the Application as accessible through the Device is immediately blocked, suspended or deactivated.
2.4 You must also notify KDDAD immediately if You cannot access Your Account, You know of or suspect any unauthorized access or use of Your Registration Data, login details or Account, or the security of Your Account has been compromised in any way.
2.5 KDDAD may immediately suspend the Services, the Booking Services and/or Your use of the Application (including Your Account) if it has a reason to believe that:
(i) the Registration Data or any other information provided by You is false, or You cease to satisfy the Eligibility Requirements;
(ii) the security of Your Account has been compromised in any way; or
(iii) You have not complied with any of the requirements in this clause 3.
2.6 KDDAD may block, suspend, alter or update the Application, the Booking Services and/or the Services at any time (including without notice):
(i) to make improvements to the Application, the Booking Services and/or the Services (including the security of the Application, the Booking Services and/or the Services);
(ii) as required by Applicable Law; or
(iii) to protect a legitimate business interest.
However, you may terminate these Customer Terms in accordance with clause 17.2 at any time.
3.1 The Application allows You to send a request to make a booking for a Ride. Once You have made a request for a Ride:
(i) You must ensure that Your Device is turned on and configured appropriately (e.g. GPS is active), and the Application is active;
(ii) The Application will send your request to KDDAD; and
(iii) KDDAD will accept or decline Your booking based on the availability of Captains at Your location at the pickup time, and inform You via an SMS, push notification or confirmation screen in the Application.
3.2 While KDDAD endeavors to connect You with a Captain, Your request for a Ride is subject to the availability of a Captain around Your location at the time of Your request (and Captains may accept or reject Your request for a Ride in their sole and absolute discretion).
3.3 Once Your request for a Ride has been accepted, KDDAD will provide:
(i) You with a booking confirmation through the Application, and information regarding the Captain (including the Captain’s name, Vehicle details (including registration number and model), mobile phone number, a picture of the Captain and any other details KDDAD considers appropriate); and
(ii) the Captain with Your details necessary to enable the Captain to provide the Ride.
3.4 Along with the above services provided by KDDAD, KDDAD shall do the following:
(i) Keeping records of the bookings and journeys;
(ii) Remotely monitor the booked services using the Application; and
(iii) Providing customer support for lost properties.
3.5.While KDDAD requires each Captain to use all reasonable efforts to ensure their Vehicle arrives prior to Your requested pick-up time, You must book Your Ride after considering any adverse conditions such as the weather, traffic, roadworks, and other unexpected delays such as traffic accidents. If there is any delay by the Vehicle in reaching Your pick-up location, You should contact the Captain assigned for Your Ride through the Application or by contacting KDDAD via In-App support or at its chat center.
3.6.If a Vehicle breaks down or cannot complete a Ride, KDDAD will try to arrange for a substitute vehicle to complete the Ride (which will become the “Vehicle” for the Ride) subject to availability of such a substitute vehicle. Any substitute vehicle may not be necessarily of the same type as the original Vehicle. Also KDDAD is not responsible to provide substitute vehicle.
3.7.Except as expressly stated in these Customer Terms, the obligations of KDDAD are limited to (a) licensing the Application to You; (b) managing and operating the Application and Services in the manner reasonably determined by KDDAD; (c) operating an online booking platform facilitating the provision of Rides by Captains to You (and other customers); and (d) payment collection in respect of the Rides between Captain and You (and other customers), and the obligations of KDDAD are limited to: (a) managing and operating the booking functionality within the Application; and (b) providing Booking Services to You. Accordingly, KDDAD is merely intermediaries providing online marketplace services and the Application, Services and Booking Services are only a platform where a Captain may offer a Ride to You (and other customers).
3.8.KDDAD does not provide transportation services. Transportation services are provided under a contract (the “Transportation Contract”) between you and the Captain for the provision of a specific Ride by the Captain to You. KDDAD is not a party to the Transportation Contract. At no time will KDDAD has any obligations or liabilities in respect of the Transportation Contract.
4.1. Where Your request for a Ride has been accepted, You must check the booking details on the booking confirmation KDDAD provides You, including the pick-up time and location (“Booking Confirmation”). If there are any incorrect details on the Booking Confirmation, You must contact KDDAD immediately by correcting Your booking details through the Application or by Kddad chat service .
4.2. You are responsible for any delay that may be caused due to Your failure to check the Booking Confirmation or contact KDDAD immediately to correct the booking details.
5.1. You will be charged and must pay the Total Ride Fee for the Service, comprising the Fare, and any Additional Fee. KDDAD collects the Fare (plus any additional amounts and/or less any deductions agreed between KDDAD and the Captain) on behalf of the Captain.
5.2. Subject to clause 10, You will be charged any reasonable costs required to clean or repair the Vehicle caused or contributed to by You during a Ride (fair wear and tear expected). KDDAD will facilitate payment for such costs on behalf of the Captain and recover such amount from the Captain.
5.3. Payment of the Total Ride Fee will be facilitated by a payment gateway and/or payment processing services provider appointed by KDDAD (the “Payment Processor”). The Payment Processor may be KDDAD, one of its related bodies corporate or an unrelated third party.
5.4. You will be required to provide relevant payment details including credit/debit card details (“Card Details”) with the Payment Processor in order for KDDAD to process payment of the Total Ride Fee, and You hereby authorize the Payment Processor to do so. Your authorization:
(i) permits the Payment Processor to debit or credit the bank account or debit/credit card account associated with Your payment details;
(ii) permits the Payment Processor to use Your Card Details for the processing of transactions initiated by You;
(iii) will remain in effect as long as You maintain an Account (and if You delete Your Card Details or Account, KDDAD and the Payment Processor will not be able to process any further transactions initiated by You); and
(iv) is subject to any other terms and conditions of the Payment Processor specified through the Application or Services from time to time.
5.5. KDDAD shall also be responsible for issuing invoices to You (on behalf of the Captain) for the transport services provided by the Captain for the Ride.
5.6. KDDAD will be solely responsible for settling any payment-related disputes between Captains and You. In case of any such dispute, any decision taken by KDDAD in good faith will be final and binding on You and the Captain.
5.7. If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account (so it can be applied against any subsequent Ride(s)) or refunded to You in accordance with and subject to Applicable Law.5.7. If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account (so it can be applied against any subsequent Ride(s)) or refunded to You in accordance with and subject to Applicable Law.
5.8. Any payment processing-related issue not caused by an error or fault with the Application must be resolved by You and the relevant Payment Processor.
6.1.You may cancel Your request for a Ride from a Captain at any time, however (subject to clause 7.3) if You cancel five (5) minutes or more after the Captain is allotted to Your request, You will be charged a Cancellation Fee.
6.2. The Captain may cancel Your request for a Ride where that Captain is waiting at Your requested pick-up location for five (5) minutes or more after the pick-up time specified in the Booking Confirmation.
6.3. If the Captain does not arrive at Your pick-up location within five (5) minutes after the pick-up time specified in the Booking Confirmation, You will not be charged any Cancellation Fee.
6.4. You will be notified of any Cancellation Fee through the Application at the time You attempt to cancel Your request for a Ride, and any Cancellation Fee payable by You will be processed by KDDAD in accordance with clause 6.
Kddad follows the Saudi Arabia VAT law and any future amendments. To view the law https://www.vat.gov.sa/en/about-vat/law-regulations
8.1. You must not smoke or consume any alcohol, tobacco or illicit substances in or near any Vehicle, misbehave in or near any Vehicle, distract a Captain, act in any way which a Captain considers will risk the safety of You, the Captain or any other person.
8.2. If You breach clause 9.1, KDDAD may immediately suspend the Services, the Booking Services and/or Your use of the Application (including Your Account).
9.FEEDBACK, ISSUES AND COMPLAINTS
9.1. You are required to rate a Ride after its conclusion, and You must be fair, accurate and non- defamatory while leaving complaints, comments, feedback, testimonials or reviews on or about Rides, Captains or the Services.
9.2. All issues, complaints, opinions, suggestions, questions and feedback while accessing the Services should be notified to KDDAD via email or communicated to KDDAD through the Application or by contacting KDDAD at its chat center, if available.
9.3. You must report any issue You have with the Application or Services to KDDAD within 7 days of the relevant issue occurring, otherwise KDDAD may not be able to address such issues.
9.4. KDDAD will endeavor to respond to You within 2 (two) Business Days after You report an issue, and KDDAD will endeavor to resolve such issues as soon as reasonably possible. KDDAD notes that issues are generally resolved based on the seriousness of the issue, and as such certain issues may be prioritized over others. KDDAD may not be able to resolve all issues, and We will not be liable where You are not satisfied with Our handling or resolution of (or failure to resolve) an issue relating to the Transportation Services.
9.5. If You forget or lose any luggage or property in a Vehicle during a Ride, You should contact KDDAD as soon as possible (and any event within 24 hours), and KDDAD will try to locate the items. If Your luggage or property is found, KDDAD will contact You and advise You of how You will be able to collect Your luggage or property. otherwise agreed (in KDDAD’s sole and absolute discretion), KDDAD will not deliver any luggage or property items to You (and if KDDAD agrees to do so, KDDAD may charge You a reasonable fee for doing so). In no event will KDDAD be liable for any loss or damage to Your personal effects and luggage.
11.INTELLECTUAL PROPERTY RIGHTS
11.1. The Application and all associated intellectual property rights (“KDDAD”) remain the property of KDDAD. Except as expressly stated, nothing in these Customer Terms grants You any rights in or related to the KDDAD, and all rights not expressly granted to You are reserved by KDDAD.
11.2. You must not:
(i) copy, reproduce, modify, create derivative works of, decompile, reverse engineer, or attempt to derive the composition or underlying information, structure or ideas of, any KDDAD;
(ii) breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Application;
(iii) use any KDDAD in a way that infringes or misappropriation a third party’s intellectual property rights or moral rights;
(iv) distribute, disclose or allow use of KDDAD by any third party in any format, through any time sharing service, service bureau, network or by any other means;
(v) merge or combine KDDAD with any other technology not provided by KDDAD; or
(vi) remove any proprietary notice language on any copies of any KDDAD.
11.3. Subject to Your compliance with these Customer Terms, KDDAD grants You a limited, non- exclusive, personal, non-transferable licence during the term of these Customer Terms to use and access the Application on any Device that You own or control and to run the Application solely for Your own personal use (including for the processing of payments).
11.4 You are solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted through the Application or Device by or on Your behalf (“Your Content”). You must ensure that Your Content is not awful and does not infringe any third party’s rights (including intellectual property rights), and You must not:
(i)publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or awful topic, blasphemous, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise awful material or information, or any material relating to or encouraging money laundering or gambling;
(ii) upload files that contain viruses, corrupt files, or any other similar software or programs that may damage the operation of another computer or electronic device;
(iii) except as expressly permitted by KDDAD , advertise or offer to sell or buy any goods or services for any business purpose;
(iv) conduct or forward surveys, contests.
(v) download any file posted by another user that You know, cannot be legally distributed in such manner;
(vi) 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;
(vii) deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature;
(viii) restrict or inhibit any other user (including Captains and other customers) from using and enjoying the Application; or
(ix) harvest or otherwise collect information about others, including email addresses, without their consent.
11.5 KDDAD has no obligation to monitor Your access to or use of the Application, or Your Content, but You hereby provide Your consent for KDDAD to do so, to the extent permitted by Applicable Law, for the purpose of providing and operating the Application and Services, to ensure your compliance with these Customer Terms, and to comply with Applicable Law or the order or requirement of a court, administrative agency or other government body. KDDAD may investigate and prosecute (and refer to law enforcement agencies) any actual or suspected breach of clause 12.4 by You to the fullest extent permitted by Applicable Law. KDDAD may at any time and without prior notice to remove or disable access to any of Your Content which KDDAD considers (acting reasonably).
11.6 You grant KDDAD, perpetual, royalty-free, transferable license to use, copy, modify, adapt and commercially exploit Your Content (including making derivative works of the whole or any part of Your Content) for any purpose, including promotional and advertising purposes that KDDAD deem fit. You represent and warrant that You have the necessary rights to Your Content and are permitted to provide Your Content to KDDAD. For clarification, You are not entitled to any payment or other compensation for KDDAD use of Your Content.
12.1 To the maximum extent permitted by law, You will indemnify and hold harmless KDDAD and their respective directors, officers, employees, agents and representatives) (“Those Indemnified”) from and against any losses, damages, liability, claims, costs, penalties and expenses (including reasonable legal fees) incurred by Those Indemnified arising out of or in connection with any:
(i) breach by You of any Applicable Law;
(ii) misrepresentation or fraudulent, dishonest, awful or negligent act or omission of You;
(iii) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Ride (including in connection with any motor vehicle accident involving the Vehicles); or
(iv) a claim by a Captain or any other third party caused by any of Your acts or omissions.
13.EXCLUSION OF IMPLIED TERMS
13.1 All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Customer Terms or their subject matter, not contained in these Customer Terms, are excluded from these Customer Terms to the maximum extent permitted by law.
13.2 Without limiting clause 14.1, to the maximum extent permitted by Applicable Law:
(i) the Application, the Booking Services and the Services are provided on an “as is” and “as available” basis and KDDAD makes no representation, warranty, or guarantee regarding (a) the condition, performance, accuracy, completeness, merchantability, reliability, timeliness, quality, suitability, availability or fitness for a particular purpose of the Services, the Booking Services or the Application; (b) that the Services, the Booking Services or the Application will be uninterrupted or error-free; (c) the compatibility of the Application with any other technology; or (d) the quality, suitability, safety or ability of the Captains;
(ii) the information and recommendations in relation to the Application, Services and Booking Services that KDDAD provides to You (whether on or through the Application or via the chat service, if available) are for general information purposes only and do not constitute advice;
(iii) You acknowledge and agree that the Application, the Booking Services and Services are merely an electronic platform to facilitate the aggregation of Vehicles to provide Rides, and KDDAD does not in any manner provide transportation or logistics services or function as a transportation or logistics carrier; and
(iv) KDDAD does not endorse, advise or recommend any of the Captains, nor KDDAD guarantee or provide any assurance in respect of the behavior, actions or data of the Captains (or other users) posted on the Application, and You agree that the entire risk arising out of any Ride remains solely with You, to the maximum extent permitted under Applicable Law.
13.3 Nothing in these Customer Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.
14.1 KDDAD shall not be liable for:
(i) Your reliance upon the Application, the Booking Services or Services or any information provided by KDDAD through the Application, the Booking Services or the Services;
(ii) You missing or being delayed for a train, flight, event, work or any other circumstance in connection with a Ride (including following any breakdown of a Vehicle);
(iii) any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge, except to the extent caused or contributed by KDDAD;
(iv) any loss or damage that You may incur arising out of or in connection with any Ride, including the conduct of the Captain (and any other person) and any accidents, incidents and issues involving the Vehicle; or
(v) any booking that has not been accepted;
(vi) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Application;
(vii) any losses that could not reasonably be expected to result from our negligence or breach of these Customer Terms;
(viii) any loss relating to your business or the business of your employer or any other person;
(ix) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Customer Terms); or
(x) any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services or Services, save to the extent that KDDAD fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.
14.2.The limitations and exclusions of liability in this clause 15 apply regardless of the basis on which such liability arises, whether in contract, breach of warranty, tort (including negligence), in equity, under the statute, or on any other basis.
Any deaths caused by car accidents and others during the trip.
15.1. Any delay in or failure to perform any obligations by a Party under these Customer Terms will not constitute a breach of these Customer Terms to the extent caused by the acts of any government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection or other event beyond the reasonable control of that Party (“Force Majeure”).
16.1. These Customer Terms continues until such time as they are terminated in accordance with these Customer Terms.
16.2. You may terminate these Customer Terms at any time by closing Your Account or uninstalling the Application. You can close Your Account at any time by following the instructions on the Application.
16.3. KDDAD may terminate these Customer Terms with immediate effect upon notice to You if:
(i) necessary to comply with any Applicable Law;
(ii) You cease to satisfy the Eligibility Requirements; or
(iii) You commit a breach (other than a trivial or inconsequential breach) of these Customer Terms that is not capable of remedy or (if capable of remedy) is not remedied within 4 Business Days after KDDAD notifies You of the breach.
16.4 Upon termination of these Customer Terms for any reason:
(i) Your rights to use the Application will cease immediately, Your registration and Your Account will cease to apply, and KDDAD may block Your access to the Application;
(ii) KDDAD will charge You all amounts due and owing at the date of termination in accordance with clause 6; and
(iii) the Parties must cease acting in a manner that would imply a continuing relations between the Parties.
16.5. Clauses 11 (Privacy), 12 (Intellectual Property Rights), 15 (Liability), 17 (Termination), and(Governing Law and Dispute Resolution) will survive termination of these Customer Terms together with any other terms which by their nature do so.
16.6. Termination of these Customer Terms will not prejudice any rights of the Parties that may have accrued prior to such termination.
Any notices, requests and other communications required or permitted under these Customer Terms must be in writing and sent to the receipt Party as follows (as amended to time by the receipt Party by notice to the other Party):
(i) to KDDAD by email to: support@Kddad.com;
(ii) to KDDAD by chat or call service. <
(iii) to You by email or text message (SMS) to the email address or mobile number (as applicable) specified in the Account.
18.1. These Customer Terms constitute the entire agreement between the Parties in connection with, and will supersede all previous communications (either oral or written) between the Parties with respect to the subject matter of these Customer Terms, and no agreement or understanding varying or extending the same will be binding on either Party arising out of the specific provisions of these Customer Terms.
18.2. No party has entered into these Customer Terms in reliance on any term or statement other than the terms expressly set out herein, provided that this clause 19.2 shall not apply to any fraudulent misrepresentation.
19.RELATIONS OF THE PARTIES
Nothing in these Customer Terms is intended to constitute a fiduciary relations or an agency, partners or trust, and You have no authority to bind KDDAD has any authority to bind You.
20.GOVERNING LAW AND DISPUTE RESOLUTION
20.1 These Customer Terms shall be governed by Saudi Arabia law.
20.2 You agree that any dispute between you and us regarding these Customer Terms or any contract will only be dealt with by the Saudi Arabia courts.
21.AMENDMENTS TO THESE CUSTOMER TERMS
21.1 KDDAD may amend the terms of these Customer Terms and shall keep you updated regarding such amendments.