TERMS AND CONDITIONS OF USE

Acknowledgement and Acceptance

The use of the YallaCab App and the Services is governed by the terms and conditions set out below as updated by Cushman & Wakefield Core from time to time. By downloading the YallaCab App and/or using the Services a User is taken to have accepted the terms and conditions in their entirety and a contractual relationship is formed between the User and Cushman & Wakefield Core. A User is responsible for their compliance with these terms and conditions (including any updated versions).

PLEASE ENSURE YOU READ AND UNDERSTAND THE TERMS AND CONDITIONS FULLY BEFORE USING THE APP OR THE SERVICES.

If a User does not agree to these terms and conditions they must not use the Services or the YallaCab App. These terms and conditions supersede any prior arrangement between the User and Cushman & Wakefield Core. Cushman & Wakefield Core may at any time update these terms cease offering some or all of the Services or terminate the contractual relationship established above. Amendments to these terms and conditions will be published on Cushman & Wakefield Core’s website and continued use of the YallaCab App or the Services by the User is taken as acceptance of the amendments.

Users will require their own internet connection to use the application and will be responsible for any associated costs of data use. Users are responsible for enabling notifications from the YallaCab App to ensure Users receive confirmation of the booking notifications in relation to their trip any other updates or notifications from Cushman & Wakefield Core and the YallaCab App from time to time. Users may choose not to enable notifications however by doing so the User acknowledges that their use of the YallaCab App may impact their use of the Services. In addition supplemental terms may apply to certain services such as the use of WiFi on the Vehicles – these will be made available by Cushman & Wakefield Core on their website or at the time of use.

Definitions

In these terms and conditions the following terms and definitions apply unless otherwise stated:

  • “App” means the Cushman & Wakefield Core customer application available for download from the Google Play and Apple iTunes stores.
  • “Associated Parties” include the Operator’s related entities its contractors and subcontractors.
  • “Booking” means a confirmed agreement for the Operator to pick up the User at a nominated time and location and transport them to an agreed location.
  • “Conditions of Carriage” means the Conditions of Carriage applicable to Users when using the Services.
  • “Service Region” means the geographical zone the service is available in.
  • “Services” means the provision of shuttle services by or on behalf of Operator within a dedicated Region and available to be booked by the User.
  • “Operator” refers to Cushman & Wakefield Core.
  • “User” means any individual that downloads the YallaCab App and/or uses the Services.
  • “Vehicle” means a vehicle used by Operator to provide the Services.

Description of the Services

Account requirements: To access the Services Users will need to create an account in the YallaCab App. The creation of an account will require the provision of Personal Information. Cushman & Wakefield Core will treat all Personal Information provided by the User in accordance with our Privacy Policy.

By becoming a User individuals warrant that they have the right authority and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to their account.

Cushman & Wakefield Core does not warrant that the YallaCab App or the Services will be accurate reliable secure accessible or free from errors or defects. It is the responsibility of the User to investigate whether use of the services will meet their requirements.

Bookings

When is a Booking made? A Booking is made on confirmation from Cushman & Wakefield Core and notification of the estimated pick up time is provided. Until a User has received this notification no Booking will be accepted by Cushman & Wakefield Core.

Cushman & Wakefield Core reserves the right to refuse carriage to Users who do not have evidence of their Booking in the form of an App confirmation on their mobile phone which can be displayed to the driver on pickup.

Multiple passengers

Users must nominate at the time of Booking if booking a trip for additional passengers to that User. A User acknowledges that a failure to notify Cushman & Wakefield Core at the time of arranging the Booking may entitle Cushman & Wakefield Core to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.

Seat allocation

The Services currently do not provide for allocated seating and it is therefore the responsibility of the User to select a seat when they board the Vehicle. The safety of the User including the use of seatbelts is the responsibility of the User in all circumstances.

Changes to bookings

You can cancel your trip through the YallaCab App or by calling +971 4 245 2100.

If a User repeatedly cancels trips without notifying Cushman & Wakefield Core in advance the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.

Conditions of carriage

When using the Services the User agrees to abide by all relevant regulations and policies including but not limited to those set out on Cushman & Wakefield Core’s website. Cushman & Wakefield Core’s Conditions of Carriage can be found on Cushman & Wakefield Core’s website and set out Cushman & Wakefield Core’s policies including those in relation to passenger behaviour.

A failure to abide by any of the above may result in Cushman & Wakefield Core prohibiting a User from using the Services and/or suspending their account.

Privacy and personal information

Use of the YallaCab App or Cushman & Wakefield Core’s website may require individuals to disclose personal information when creating their User profile. The YallaCab App will also collect information about the Users use of the Services including trips booked. Any Personal Information received by Cushman & Wakefield Core will be treated in accordance with our privacy policy.

The information and data from these Services may be used to generate anonymized and aggregated statistical and analytical data and be used for the Associated Parties’ internal research and product development purposes and to conduct statistical analysis and identify trends and insights. In addition the Associated Parties’ may supply the aggregated statistical and analytical data to third parties following Cushman & Wakefield Core’s written consent. Personal Information (information or an opinion about passengers) collected from Users such as name date of birth contact details or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by Cushman & Wakefield Core will be disclosed to Liftango.

Cushman & Wakefield Core may also use passenger contact details to conduct surveys relating to the provision of the Service provided by Cushman & Wakefield Core.

By using the Services provided by Cushman & Wakefield Core Users consent to the collection use and disclosure of their Personal Information in the manner outlined above. The consents and rights above will survive the expiry of these terms and conditions.

Ownership of intellectual property

All Intellectual Property associated with the Services is owned by Cushman & Wakefield Core and its Associated Parties unless otherwise specified. Through these terms and conditions the User is granted a revokable non-perpetual non-exclusive license to use the YallaCab App for the purposes outlined above and no other purpose. Cushman & Wakefield Core give no warranties and will not in any circumstances be liable for the infringement of third-party Intellectual Property rights in relation to the Use of the YallaCab App.

Any material (other than Personal Information) uploaded by the User will become the property of YallaCab. This includes feedback comments ratings of Cushman & Wakefield Core drivers or Services and promotional materials uploaded onto social media sites and pinned to the Services. By uploading any images or other materials onto public areas of the application the User consents to the use of these in promotional material or other publications by Cushman & Wakefield Core.

Limitation of Liability

Cushman & Wakefield Core will at all times use best endeavours to deliver the Services in line with these terms and conditions the Conditions of Carriage and the Customer Charter.

To the extent permitted by law Cushman & Wakefield Core and its Associated Parties are not liable for any loss (including direct or indirect losses damage liability or expenses arising naturally from the performance or non-performance (including any negligent or wilful act or omission) any breach or default by Cushman & Wakefield Core or a Third Party) caused by or contributed to by the User’s use of the YallaCab App or the Services.

Without limiting this section Cushman & Wakefield Core will not be liable for any costs incurred by a User as a result of a cancelled service including consequential damages or the cost of alternative travel arrangements including without limitation for any failure to meet a subsequent journey on any form of transport.

Indemnity

You agree to indemnify Cushman & Wakefield Core and Associated Parties as well as their Directors Officers Employees and Agents from any and all claims liabilities losses and expenses arising from or in connection with:

  • Your use of the YallaCab App and/or the Services;
  • Your breach or violation of any of these terms;
  • Cushman & Wakefield Core’s use of information provided by You (provided this is in accordance with our privacy policy); or
  • Your violation of the rights of any third parties including third party providers and other Users.

Suspension or Termination of Accounts

There is also the ability for comments and feedback to be left through the YallCab App see the FAQs for further information. A series of poor ratings may result in the Cushman & Wakefield Core prohibiting a User from using the Services and/or suspending their account.

Dispute Resolution

Cushman & Wakefield Core values feedback questions and concerns from Users in relation to the YallaCab App and the Services and will endeavor to respond to all genuine enquiries as soon as possible. All feedback and enquiries should be lodged at first instance using the service call center support line:

Email: yallacab@cushwake.ae

Phone: +971 4 245 2100

General provisions

Relationship between the Parties: In relation to the performance of Services Cushman & Wakefield Core will provide the Services as an independent contractor and nothing in these terms and conditions will be construed so as to constitute Liftango as an employee of the User or constitute a partnership between the parties or so as to constitute either party as the agent or legal representative of the other party.

Applicable law

The use of the YallaCab App and the Services will be governed and construed in accordance with the laws of the UAE and the User submits to the non-exclusive jurisdiction of the courts.

Entire agreement

This document records the entire agreement between the parties. The parties exclude all terms implied by law where possible. Neither party has given any warranty or made any representation to the other party about the Services other than those warranties and representations expressed in this document.

Severance

In the event that any term should be held to be unenforceable that term shall be read down or severed and the remainder of these terms and conditions shall continue to apply to the Services.

Contacting us

If you have any questions regarding any legal aspect of this document please send us an email to yallacab@cushwake.ae or by calling +971 4 245 2100.

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