Terms & Conditions
Rider Terms & Conditions
Last Updated: June 2019
These Terms and Conditions ("Conditions") define the basis upon which Yalla will provide you ("The Customer") with access the Yalla mobile Application platform, pursuant to which you will be able to request Transportation Services from Third Party Drivers ("Drivers") by placing Booking Requests through Yalla's mobile application platform.
Please pay particular attention to condition 9 which limits Yalla's liability to you (the customer).
In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:
"Account" means an active customer account maintained by you, the customer.
“App” means the mobile application which provides a platform for making transportation requests and is owned by Yalla Group Ltd, trading as Yalla;
"Booking Services" means the services set out below in 2.9, which shall be provided to you by Yalla Group Ltd via the Yalla App.
“Cancellation Fee” means the fee charged for cancellation of a transportation request as outlined in Condition 4.9;
“Pick Up Location” means the location notified by you via the App to be picked up by a Driver;
“Customer” means the individual making a request via Yalla’s mobile application platform for Transportation Services. A reference to “you”, “your”, "rider" or "passenger" shall be construed as a reference to the Customer;
“Customer Account” means the Customer’s account with Yalla which contains the Customer’s personal information including their name, email address, phone number;
“Data Protection Laws” means the General Data Protection Regulation, together with all legislation made thereunder and any other laws relating to the processing of Personal Data, in each case as amended, superseded or replaced from time to time;
“Driver” means a Transportation Provider who is an independent contractor and has entered into a driver agreement with Yalla to provide transportation services to users of the App;
“Fees” means the fare charges payable by the Customer in connection with the Transportation Services and the as further outlined in Condition 4;
“Final Location” means the location notified by the Customer using the App as the final destination for the Transportation Services;
“Yalla” means Yalla Group Ltd a company established under the laws of England and Wales with company number 11848061 and references to “us” or “we” shall be construed accordingly;
“Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;
"Trip" means the journey from the pickup location to the final destination as defined by the customer via the App;
“Trip Request” means a request for Transportation Services by the Customer via the App;
“Personal Data” has the meaning set out in the Data Protection Laws;
“Services” means the platform for requesting Drivers, through the App for Transportation Services;
“Transportation Services” means transportation services to be provided to you by a third-party Licensed Driver who has entered into a driver agreement with Yalla.
"Transportation Provider" means a provider of transportation services, including any drivers licensed to carry out private hire bookings.
"Waiting Fee" means the sum charged for each minute a Driver is waiting for you at any time during the Trip. As detailed in condition 21 below;
"Website" shall mean www.yalla.uk
2. Use of Booking Services via Yalla App
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE APP.
2.1 Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Yalla. If you do not agree to these Terms, you must not access or use the app.
2.2 These Terms expressly supersede prior agreements or arrangements with you. Yalla reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason and immediately at any time without notice if
a) you are in breach of these Terms,
b) it is impractical to give such notice in the circumstances, or
c) in Yalla’s opinion, any delay in such termination would expose Yalla or a third party to significant risk of harm or damage.
2.3 Yalla may amend the Terms related to the Services from time to time. Amendments will be effective upon Yalla’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2.4 You must be 18 years of age or older to use the App and make transportation requests. You must not authorize third parties to use your Account, and you must not allow persons under the age of 18 to receive transportation unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity.
2.6 Access to, and use of, the App is free of charge. You will need sign up for, and maintain an active Customer Account ("Account") and provide your payment details in order to access the Services. Any notice or other communication permitted or required in accordance with these Conditions by Yalla will be in writing and sent to the email address that you provided when setting up your Customer Account.
2.7 You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain your account, including having an invalid or expired payment method on file, may result in your account access been disabled or Yalla’s termination of this Agreement with you.
2.8 You are responsible for all activity that occurs on your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Yalla in writing, you may only possess one Account.
2.9 Yalla provides you with booking services via the App. Yalla does not provide transportation services, we are a technological service provider that uses an online platform to provide you Services which include:
a) accepting bookings requested by you (which include bookings requested in advance using the "book later") without prejudice to Yalla's rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;
b) Identifying suitable Transportation Providers;
c) Keeping records of bookings;
d) Remotely monitoring trips booked using the Yalla App;
e) Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Yalla, which may be made by email: firstname.lastname@example.org You are encouraged to provide your feedback if any of the transportation services provided to you by a Transportation Provider do not conform to your expectations; and
f) Managing any lost property queries relating to bookings accepted by Yalla,
in each case in accordance with any relevant provisions of the Legislation.
2.10 Yalla does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.
2.11 You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.
2.12 You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Yalla does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
2.13 You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g.., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party.
2.14 By creating an Account, you agree that we may send you text messages as part of the normal business operation of your use of the app.
2.15 YOU ACKNOWLEDGE THAT YALLA DOES NOT PROVIDE TRANSPORTATION AS A TRANSPORTATION PROVIDER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY YALLA OR ANY OF ITS AFFILIATES
3. Your Contract with a Transportation Service Provider
3.1 Yalla Group Ltd is not a Transportation Provider and does not provide transportation services. Transportation services are provided to you under a contract (the "Transportation Contract") between you and the Transportation Provider that is identified to you in the booking confirmation provided by Yalla. Yalla is not a party to the Transportation Contract and acts as a disclosed agent for the provider by communicating the providers agreement to enter into the Transportation Contract.
3.2 You acknowledge that your geo-location information must be provided by your device in order to enable us to provide these Services. You acknowledge and agree that your geo-location information will be accessible by the App and when you are logged-in your location will be displayed to Yalla and to Your Driver.
3.2 In order to connect you to Drivers, you will be required to enter your Pickup Location into the App. When you enter your Final Destination, we will provide you with an estimated Fare for the journey, based on the information provided, and provide you with the availability of Drivers. If you wish to proceed with your request for Transportation Services, you should select the request now button and you will be connected with a Driver for Transportation Services and this shall constitute a Booking. By selecting the request now button, you will enter into a contract for Transportation Services with a Driver and be provided with their details via the App.
3.3 Transportation Services may be cancelled by you prior to the Driver arriving at the Pickup point, subject to the payment of a Cancellation Fee. If you are not at the Pickup Location when the Driver arrives, you may be charged the Waiting Fee. Drivers may cancel their provision of Transportation Services if you are not at the pick-up point within 5 minutes.
3.4 Following a Driver completing a Trip, you will be able to rate your Driver via the App. Where you chose to rate your Driver, you must provide accurate feedback on the Driver in order to allow us to monitor the quality of the Transportation Services they provide to users of the App. Drivers may also be permitted to rate you as a Customer and such information may be used by Drivers when deciding whether to accept or reject your future requests. Customers must (and where appropriate Customer’s must ensure their guests) at all times act in a polite and courteous manner towards Drivers and any other passengers of the vehicle.
4. Fees, Fares & Payment Conditions
4.1 The Booking Services provided by Yalla to you are free of charge. Yalla reserves the right to introduce a fee for the provision of the Booking Services. If Yalla decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Yalla app at your option.
4.1 You, the customer accepts that use of the Transportation Services result in charges to you for the services you receive from a Third-Party Provider (“Fees”, "Fares").
4.2 As a provider of Transportation Services, all Drivers are required by Yalla to provide the Transportation Services in an effective, efficient and safe manner.
4.3 Once the Transportation Services have been completed and payment made, we will send you an electronic receipt. Details of past journeys are available via the App.
4.4 When you have received services obtained through your use of the App, any and all Charges are due immediately upon completion of each Trip. Your payment will be facilitated as soon as practicable by Yalla using the preferred payment method designated in your Account, after which Yalla will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Yalla may, use a secondary payment method in your Account.
4.5 Payment of the Fees in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Yalla.
4.6 The rates that apply for the transportation services provided by the Transportation Provider can be found on the Website and through the Yalla App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services.
4.7 If you fail to make payment of the Fare either in full or in part Yalla may:
a) suspend your access to the Services;
b) permanently delete your Customer Account and access to the Services; or
c) continue to attempt to charge your chosen payment card or any other payment cards registered on your account for any outstanding Fee(s) until such Fee(s) have been paid in full.
4.8 If you request a Trip then during the course of the Trip, require the Driver to change his route in any matter whatsoever, including making any unscheduled stops or using an alternative route, the estimated fare may be recalculated to take account of such changes. Fees will be recalculated and such changes to the estimated fare will be notified to you via the App.
4.9 If you are not waiting at the Pickup point when the Driver arrives, your driver will wait free of charge for 2 minutes after which you will be charged a Waiting Fee. If you do not arrive in 5 minutes, your trip may be canceled and you will be charged the Cancellation Fee .
4.10 If you decide to cancel your Trip more than 3 minutes after requesting the trip you will be charged the Cancellation Fee or such other Cancellation Fee as Yalla may notify from time to time, as per the Cancellation Policy here.
4.11 If during a trip you soil the Driver’s vehicle, you will be charged an additional soiling fee of £50.
4.12 If you raise a complaint then subject to Yalla’s absolute discretion any refund that it may determine to provide to you will be credited to your Yalla wallet.
4.13 Yalla does not designate any portion of your payment as a tip or gratuity to the Driver. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver, you are under no obligation to do so. Gratuities are voluntary.
4.14 You acknowledge and agree that Fares applicable in certain geographical areas may increase substantially during times of high demand. Yalla will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Fees incurred under your Account regardless of your awareness of such Fees or the amounts thereof.
4.15 Yalla may from time to time provide certain customers with promotional offers and discounts that may result in different amounts paid for the same or similar trip obtained through the App, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the App or the Fees charged to you.
4.16 You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Yalla in Yalla’s reasonable discretion, Yalla reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Yalla to the applicable Third-Party Provider and are non-refundable.
5.1 Yalla may, at our sole discretion run promotional offers or discounts for using the App and details of such promotions shall be made available via the App, text message or email. Yalla will notify you of offers that you are eligible to accept from time to time and any additional promotional terms and conditions.
5.2 Where a promotion offers Customers or Drivers a bonus for submitting or completing a set numbers of trips, you must not do anything in fulfillment of this promotion which may be deemed fraudulent. All bookings must involve the provision of Transportation Services to bone fide Customers and you must not collude with Drivers and/or create any fake or fictitious Customer profiles and/or submit fictitious journeys in order to qualify for any promotional or bonus payment. Yalla reserves the right to report any fraudulent activities to relevant law enforcement authorities.
5.3 You agree that Promotions:
a) must be used for the intended audience and purpose, and in a lawful manner;
b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Yalla;
c) may be disabled by Yalla at any time for any reason without liability to Yalla;
d) may only be used pursuant to the specific terms that Yalla establishes for such Promotional Code;
e) are not valid for cash;
f) may expire prior to your use.
Yalla reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotion Codes by you or any other user in the event that Yalla determines or believes that the use of the Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
5.4 Where it is reasonably considered by Yalla that you have acted in a manner that is not in accordance with Condition 5.3 above, Yalla will notify you and, at its sole discretion, may suspend or terminate your account. If you receive such a notification and you believe that you have not breached the requirements of Condition 5.3, you can appeal this decision by writing to us at email@example.com within 48 hours of receipt of such notification and providing full reasons for your dispute.
6. Data & Data Privacy
6.2 By downloading and/or using the App you consent to Yalla processing your Personal Data. Yalla will process your Personal Data for purposes connected with the Services. From time to time, Yalla may process your Personal Data in order to notify you of opportunities connected with the Services either directly or by an affiliate of Yalla. When processing your Personal Data, Yalla will take appropriate technological measures to protect and keep your Personal Data secure and shall process your information in accordance with Data Protection Laws. Your Personal Data may be processed outside of the EEA.
6.3 In order to allow us to provide you with the Services and for Drivers to provide you with Transportation Services, your Personal Data may be transferred by Yalla to Drivers as well as other data such as your telephone number. As an independent contractor, Yalla advises all Drivers that they must ensure that they keep your Personal Data safe and secure at all times and not allow access to any third parties to such information. Drivers are advised that they are not permitted to store your Personal Data on their mobile device or any other mobile telephone (other than on the App).
6.4 Yalla does not guarantee that the App will be secure or free from bugs. You must not misuse the App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offense under the Computer Misuse Act 1990. Yalla will report any such breach to the relevant law enforcement authorities and Yalla will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
6.6 By using the App, sending us emails or using pop-ups or making calls, you may be communicating with Yalla electronically. Yalla will communicate with you by email, pop-up, phone, text or by posting notices on the Yalla app. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications should be in writing.
7. Yalla's Liability
7.1 To the extent permitted by applicable law, Yalla will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by Yalla;
7.3 The material displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the use of the App, the Services and the internet.
7.4 To the fullest extent permitted by law, Yalla (including its officers, directors and employees) and third parties (including any agents or sub-contractors) connected to it hereby expressly exclude:
7.4.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in it provision of the Services and/or use of the App; and
7.4.2 any liability arising under or in connection with:
a) use of, or inability to use, the App and/or Services;
b) use of or reliance on any content displayed on the App;
c) incompatibility of the App with any of your electronic and/or mobile equipment, devices, software or telecommunications links; and
d) unsuitability, unreliability or inaccuracy of the App and/or the Services.
7.5 Yalla shall not be liable to the Customer for the actions or omissions of any Driver or in connection with the Transportation Services. Your contract for the Transportation Services is with the Driver directly and therefore any claim that you may have in relation to the Transportation Services should be directed to the Driver. If you are unclear as to who provided you with the Transportation Services, you can contact us at firstname.lastname@example.org and ask us to provide you with the Driver details.
7.6 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking of our contract with you or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or, if at the time these Conditions were accepted, both we and you knew it might happen.
We have no liability to you for any loss of profit or revenue, loss of business, business interruption or loss of business opportunity.
7.7 Yalla will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on it, or on any website linked to it.
7.8 Yalla shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.
7.9 Subject to the remainder of this Condition 7, Yalla’s total liability to you in connection with these Conditions and the Services, however arising whether caused by tort (including negligence), breach of contract or otherwise, shall be limited to the Fees payable by you in relation to the Booking in which the liability arose.
7.10 YALLA’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT YALLA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS.
8. Suspension or Modification
Yalla reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or your access to the Services. From time to time, Yalla may also restrict access to some or all parts of the Services and/or the App.
9. Intellectual Property
You acknowledge that all Intellectual Property Rights and all other rights in the App are owned by Yalla and remain the property of Yalla at all times and you do not acquire any rights in or to the App under these Conditions.
10.1 Yalla is entitled to terminate its provision of the Services to you or your license to use the App, with immediate effect, by disabling your account or otherwise preventing you from accessing or using the App, at its sole discretion.
10.2 These Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your account.
11.1 Yalla reserves the right, in its sole discretion, to vary these Conditions at any time. We will notify you of any changes by emails and/or through the App and the date of the most recent revisions will appear at the top of this page.
Your Customer Account and the Services are personal to you, and therefore you may not assign, sub-license or transfer in any other way your rights and obligations under these Conditions of use to any third party. However, if necessary, Yalla may freely assign its rights and obligations without your consent and without the need to notify you before assigning them.
If any part of these Conditions are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply to the maximum extent permitted by law.
14. Third Party Rights
Rights under these Conditions only accrue to a person party to these Conditions. Accordingly a person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
No failure or delay by Yalla to exercise any right or remedy provided in these Conditions or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.
16. Contacting us and Complaints
If you have any concerns, or wish to contact us for any reason, you can do so by emailing us at email@example.com
17. Jurisdiction and Applicable Law
18. No Agency
Nothing in these Conditions shall be construed as creating, in any form, an agency relationship between Yalla and Customers under the laws of England and Wales.
19. Your Statutory Rights
These Conditions are without prejudice to your statutory rights.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YALLA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YALLA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YALLA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
21. Yalla Cancellation and other Charges
2.1 Yalla - Yalla+ - Yalla Multi - Cancellation fee will be applied :
2.2 If you cancel after 5 minutes or
2.3 If the driver cancels after the waiting period at your location (no show)
2.4 You will not charge a cancellation fee if the driver cancels and he is not at your location.
2.5 Cancellation fee will be added to the bill amount of your next ride if you choosed to pay by cash.