Al-Mirqab-Block 1, Abdullah Al-Mubarak Street, Kuwait, 15000
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These Terms of Use (“Terms”) govern the access and use of software, applications, websites, content, products, and services developed by or made available to you by Wiyak established in Kuwait.
Your access and use of the Application constitutes an agreement to be bound by these Terms, which establishes a contractual relationship between you and Wiyak. If you do not agree to these Terms, you may not access or use the Application. These Terms are subject to change by Wiyak, in Wiyak’s sole discretion. Your continued use of this Application will constitute your acceptance of and agreement to such changes.
The Application enables users of the Application to book and schedule on-demand transportation services. For the purpose of these Terms, Services mean all transportation services, including chauffeur and vehicle rental services, performed by Wiyak (“Services”).
Subject to your compliance with these Terms, Wiyak grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to access and use the Application on your personal device solely in relation to your use of the Services. Any rights not expressly granted herein are strictly reserved by Wiyak.
The Application, all copyright and intellectual property rights therein are and shall remain Wiyak’s property. Nothing in these Terms nor your use of the Application convey or grantto you any license or right: (i) in or related to the Application except as expressly provided in these Terms or (ii) to use or reference in any manner Wiuyak’s company names, logos, product and service names, trademarks or services marks or those of Wiyak’s licensors.
Users are required to register for a personal user account (“Account”) to access and use the Application. To successfully complete the registration process, Wiyak requires users to submit personal information. You agree to provide accurate, truthful, complete, and up-to-date information in your Account. Failure to provide, and thereafter maintain, the accuracy of information provided in your Account may affect your ability to access and use the Application, or may lead to Wiyak’s termination of these Terms with you. You are solely responsible for maintaining the secrecy of your Account login details (including username and password) at all times, and for all activities that occur under your Account. Unless otherwise permitted by Wiyak in writing, you may only possess one Account.
You agree to comply with all applicable laws of Kuwait as well as these Terms to continue your use of the Application. You may not share your Account login details with third parties. You may not assign or otherwise transfer your Account to any other person or entity. You agree and vow to only use the Application for lawful purposes. You agree, in your use of the Application, to not cause nuisance, annoyance, inconvenience, or property damage whether to other users, or any other party. Wiyak holds the right to suspend your account in the event of misuse.
By using the Wiyak Application, you acknowledge and agree that you may not:
Remove or alter in any way any copyrighted material, trademark or other intellectual property notices from/to the Application;
Reproduce, modify, prepare derivative works, distribute, license, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Application except as expressly permitted by Wiyak;
Decompile, reverse engineer or disassemble the Application -in part or in full- except as may be expressly permitted by Wiyak;
Link to, mirror or frame any portion of the Application;
Cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Application;
Attempt to gain unauthorized access to or impair any aspect of the Application or its related systems or networks;
Use the Application for non-personal commercial purposes without Wiyak’s explicit written approval;
Use the Application if you are under the age of 21;
Use the Application to obtain Services for pets and other animals;
Use the Application to obtain Services for unlawful use, including but not limited to transportation, possession, trafficking, solicitation of or sale of narcotics or other illegal goods or substances. Prohibited substances include illegal drugs, alcohol or any other substance deemed illegal by the laws of Kuwait; or
Encourage others to use the Application to obtain Services for unlawful use.
You shall pay the trip fees which shall be calculated by time;
Your payment can be made in cash, by Visa or MasterCard or by promotional code;
Any refunded amounts due to trip cancellation or miscalculation of trip fees shall be added in the wallet for use in other trips.
You shall not smoke or behave in any manner prohibited by law and general decorum within the vehicle.
Beverages are permitted in our operated vehicles. The transportation of food and consumption of food in our operated vehicles is not allowed for meeting Wiyak's sanitary and health and safety guidelines.
If any damage occurs in the vehicle due to your fault such as carrying flammable materials during his trip, you shall pay for such damage due to his violation of the general and special terms of use and in accordance with the provisions of liability for illegal acts set forth under the laws of Kuwait;
Traffic fines resulting from your violation of traffic laws and safety regulations, like negligence of fastening seat belt or accompanying a child in the front seat, shall be paid by the you not Wiyak;
You shall not carry any prohibited items, and shall solely incur legal liability and compensation for any material or moral damages to Wiyak;
The driver may end the trip at any time if he faces any annoyance from your or if there is any risk to the driver or to the vehicle; and
You shall indemnify Wiyak and fully pay, on behalf of Wiyak, for any claims or legal actions filed against Wiyak by any other person on account of your breach of the terms set out herein.
Wiyak may, from time to time, amend the terms and conditions at any time according to any new legislations that may be enacted, and your continued use of the service constitutes acceptance to this condition.
If the vehicle request is confirmed on the application, the application shall enable the client to see all information of the driver such as the driver's photo and name, vehicle type and driver's phone number. The trip fees shall be estimated if the client sets the destination.
The trip fees shall be updated or changed from time to time depending on the market price, traffic, estimated time versus actual time, and economic variables, and Wiyak is not under obligation to notify you of increasing the riding tariff.
Wiyak shall not accommodate more than the number of passengers allowed in the traffic.
Wiyak is not liable for loss of your belongings inside the vehicle.
Wiyak shall abide by the maximum limit of privacy of the client's personal information. By accepting such policy, the client agrees to collection and use of his personal information only in accordance with the privacy policy and in a limited manner. Also, no entity may obtain the client's information except the judicial authorities or investigation departments upon a written authorization from those entities as long as such disclosure helps in a judicial investigation being conducted by those entities.
This privacy policy applies to all personal information which the client provides to Wiyak ("User's information") on the website or the mobile phone application.
Wiyak shall not indemnify the client materially or morally for any accident injury resulting from third party fault.
You consent and authorize the use of your personal information by Wiyak, Wiyak’s affiliates for commercial or non-commercial purposes. Personal information includes your name, contact number, e-mail address, home address and other information provided by you (“Personal Information”). You acknowledge and agree that Wiyak may share your Personal Information with Wiyak’s affiliates. You agree to receive promotional and non-promotional notifications via text messages (SMS), e-mails, phone calls, push notifications or in-App notifications.
You acknowledge and agree that fares and certain charges apply to your use of the Application (“Charges”). You agree to pay without any delay all Charges applicable to you and your use of the Application or Services obtained through the Application upon completion of Services or as otherwise determined by Wiyak. All Charges and payments are non-refundable, and are facilitated by Wiyak using one of the following payment methods: cash, K-Net, credit card. Wiyak may from time to time revise the Charges applicable to your use of the Application. It is your responsibility to check Wiyak’s payment terms on this page prior to requesting a Service. Your continued use of the Application constitutes your acceptance of such revised Charges.
In the event that the fees are increased by mistake from the company, they are refunded according to the customer's desire, either on the account of the payment made through him or on the client's wallet
These Terms constitute your agreement with Wiyak and shall be effective upon registering for an Account and remain effective in perpetuity until such Account is de-activated, suspended or otherwise non-existent.
By using the Wiyak Application, you acknowledge and agree that:
The Application is provided to you “as is” without any representations or warranties, express or implied, except as determined in these Terms. Wiyak makes no representation or guarantee that your use of the Application will, in any way, be uninterrupted, reliable, secure or otherwise error free.
In no event shall Wiyak be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages or losses, including lost profits, arising out of, or related to, or in connection with any breach of these Terms. The foregoing shall remain true regardless of (a) whether such damages were foreseeable, and (b) whether or not Wiyak was advised of the possibility of such damages in advance. In all instances, Wiyak’s sole and maximum aggregate liability for any reason shall be limited to the actual amount paid by you to Wiyak.
To You: We may provide any notice to you under these Terms by: (i) sending a message to the email address provided or (ii) by posting to the Application. Notices shall be effective from time of posting or publishing. It is your responsibility to keep your e-mail address current and up-to-date.
To Us: To give us notice under these Terms, you must contact us by sending an e-mail to [email protected]. We may update our contact details for notices to us from time to time by posting a notice on the Application.
If any provision of these Terms is invalid, illegal, void or unenforceable, in whole or in part, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 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 these Terms.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Kuwait. Any dispute, conflict, claim or contWiyakrsy arising out of or broadly in connection with or relating to the Application or these Terms, including those relating to its validity, its construction or its enforceability shall be finally settled in the courts of Kuwait.
Wiyak For Delivery of Consumables ("us", "we", or "our", or “Wiyak”) collects information about you when you use our Platform (defined as mobile application and website), and other products and services (the "Service"). The primary purpose for which we collect your personal information is to provide you with the services you have requested. You agree we may use and disclose your personal information and other data for this purpose and also for secondary purposes, including to personalize your user experience and to promote Wiyak and third party products and services to you. Our Privacy Policy (see directly below) explains how we collect, use and disclose your personal information, the extent to which your personal information may be disclosed to overseas recipients and how to access, correct or complain about the handling of your personal information.
This policy sets out how Wiyak collects, uses, discloses and manages your personal information. By accessing or using Wiyak’s Platform, you agree to the collection, use and disclosure of your personal information in the manner described in this Privacy Policy.
This privacy policy applies to persons anywhere in the world who access or use our Services as well as to drivers, partner transportation companies, or any other persons who use our platform under license.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
Personal information collected by Wiyak includes the following:
Contact information which may include name, company name, address, email address and mobile phone number;
User IDs and passwords;
Services provided to you, including saved items and searches;
Your public social profile information (e.g. name, profile picture) together with the email address you use to log into your social media account;
If you participate in any surveys we, or a third party service provider acting on our behalf, may conduct from time to time, personal information relating to your survey responses;
If you are applying for employment with us, personal information that is relevant to such employment;
Information obtained as a result of your use of our mobile website or application such as geo-locations and unique device identifiers;
If you are using an Android device, advertising-specific device identifiers (if you opt-out of ad tracking, you may reset the advertising-specific device identifiers to disassociate the device from re-marketing data that was collected and passed before the opt-out. For more information, please contact your device manufacturer); and
If you are using an Apple device, you’re Advertising Identifier.
Wiyak does not collect sensitive information as defined in the Privacy Act, such as racial or ethnicity information, political opinions or associations, criminal records (save where provided by law enforcement authorities) or health information. However, subject to obtaining your prior consent, Wiyak may collect sensitive information from you in the course of considering an application for employment.
Wiyak collects personal information in a number of ways, including:
Directly from you when you provide information directly to Wiyak through our Platform; when you subscribe to a newsletter or any alerts; when you enter a competition or promotion conducted by Wiyak, or in a contract with your business to provide you with our services;
Directly from you when you communicate with Wiyak
Social networks where you choose to share that information when creating an account;
From 3rd party data providers and other entities where you have directed or otherwise consented to the collecting entity (or a service provider on its behalf) sending us data;
Wiyak will use the personal information it collects for the purpose for which you provided it, the purposes disclosed in this privacy policy, any related secondary purposes which you would reasonably expect and for any other purpose you have consented to.
More specifically, your personal information may be used for the following purposes:
To maintain appropriate business records;
To research, develop, improve and use within Wiyak’s Platform and Services and by its outsourced service providers to provide and improve their services;
To respond to an enquiry or provide our services, products or assistance that you request from us;
To conduct surveys to determine use and satisfaction with Wiyak services;
For the purposes of feedback, reviews and ratings;
To promote and market special offers and other services to you (if you do not want to receive these, please use the unsubscribe facility in a direct marketing communication sent to you);
For staff training and quality assurance;
For the purposes of finding and preventing fraud
For the purposes of communicating with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information related to our Platform, and for marketing and promotional purposes
We may collect information that your mobile device sends whenever you use our Service or when you access the Service by or through a browser. We follow a standard procedure of using log files. These files log visitors when they use our Service. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), SMS data, transaction information, date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable.
When accessing our Platform, specifically the Wiyak application, we may request permission to collect your location from your device via the permission system used by your mobile operating system. If you consent to the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this may limit your ability to use certain features of our services
We use GPS technology to determine your current location as well as the location of our drivers to make it easier to get a ride whenever you need one. Location data helps improve our services, including pick up times, drop off times, navigation, and customer support.
Specifically, Wiyak collects location data when the app is running in the foreground (app open and on-screen) or background (app open but not on-screen) of your mobile device. Wiyak collects this data from the time a ride is requested until it is finished. We use this data to enhance your experience on our Platform as well as our Service, enable safety features, and prevent and detect fraud.
With your permission, we use push notifications to keep you informed on your journeys (i.e. trip accepted, driver arrived, en-route, and trip completed) as well as any new promotions or offers that we may have. That said, you have the choice to either enable or disallow such collections through the settings on your mobile device.
We use SMS based OTP verification codes for account creation or log-ins for security and safety purposes.
We provide online payment services within the Service. In that case, we use third-party services for payment processing. The information collected for this purpose is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express, Discover and other similar services/brands.
We do not knowingly collect any Personal Identifiable Information from children under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
Wiyak takes reasonable steps to protect personal information collected from misuse, loss, unauthorized access, modifications or disclosure.
If you choose not to provide personal information when requested, Wiyak may not be able to provide you with the full range of our services.
If you have a problem, complaint, want to change your personal information or just wish to enquire about privacy please contact us.
This policy may change over time. All changes will be published on this website.