Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1. DEFINITIONS:
1.1 Meaning of Phrases and Abbreviations:
In the Terms and Conditions, unless the context otherwise require or permits, the terms are used with their meanings:
“Driver” means the person who is authorized to drive the vehicle using RYGO platform.
“Client” means the person who is requesting a ride to which the Invoice is addressed.
“TPP” means third party providers.
“PACA” means Platform Access Contractual Agreement.
“P2P” means peer to peer.
“Driver App” means the application used by drivers.
“Rider App” means the application used by clients/riders/users.
“KWD” means Kuwaiti Dinar currency.
“Charge(s)” means the cost or fees.
“Estimation” means the cost and time expected.
“Service(s)” means Any service(s) provided by RYGO, without any exceptions.
“Terms and Conditions” means the rules, regulations, and policies for using RYGO platform.
1.2 Other Specifications:
Words importing any gender include every gender, words importing the singular include the plural and vice versa, and words importing persons include firms, companies and corporations and vice versa.
The headings in these terms and conditions are not to affect the interpretation.
Where the word ‘including’ is used in these terms and conditions, it shall be understood as meaning ‘including without limitation’.
2. CONTRACTUAL RELATIONSHIP:
2.1 Global Access and use of the RYGO Platform and Services:
These Terms and Conditions govern the access or use by you, an individual, fromwithin any country in the world using RYGO platform including applications, websites, content, products, and services made available by RYGO, a private company established in the Kuwait, having its offices at Al Ahmadi, Al Fahaiheel, Block 7, Unit 6702, floor 6, office 17.
2.2 Acceptance of Terms and Right to Terminate Services:
Your access or use of the Services by any of RYGO applications, websites, content, products, or services made available by RYGO constitutes your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and RYGO. If you do not agree to these Terms and Conditions, you may not access or use any of these Services. These Terms and Conditions expressly supersede prior agreements, arrangements, or coordinations with you. RYGO may immediately terminate these agreements or any Services with respect to you, or generally cease, deny, or stop offering access to the Services or any portion thereof, at any time for any reason that RYGO finds.
2.3 Supplemental Terms for specific Services and Events:
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms and Conditions for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms and Conditions during the event of a conflict with respect to the applicable Services.
2.4 Amendments to Terms and Conditions:
RYGO may amend the Terms and Conditions related to the Services at any time they find suitable. Amendments will be effective upon posting of such updated Terms and conditions within the RYGO platform, website, or application immediately. Your continued access or use of the Services after such posting constitutes your consent to be bound by the change in the Terms and Conditions, as amended.
2.5 Use of Personal Information and Disclosure to Third Parties:
Our use of personal information in connection with the Services is as provided in RYGO’s Privacy Policy. RYGO may provide to a claims processor or an insurer for any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
3. THIRD PARTY PROVIDERS (TPP):
3.1 Third Party Providers' Consent and Obligations:
Third party providers (TPP) are part of the Services provided by RYGO. Their subscription to RYGO platform is a consent and acceptance to all RYGO’s Terms and Conditions, Privacy Policy, and PACA. The TPPs are obliged to follow RYGO’s policies and guidelines in case of any conflict while using the Services.
3.2 RYGO’s TPPs may differ in the type of services they provide, however, they are all governed by the same Terms and Conditions.
3.3 TPP Acknowledgement and Evaluation Process:
Prior to becoming a TPP of RYGO, there must be a signed a hard copy acknowledgement between RYGO and the TTP, then RYGO will evaluate the TPP through the application to be approved as part of its Services.
4. THE SERVICES:
4.1 Purpose and Scope of Services:
The Services constitute a technological platform that enables users of RYGO’s mobile applications or websites provided as part of the Services to arrange and/or schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with RYGO or certain of RYGO’s affiliates. Unless otherwise agreed byRYGO in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
4.2 RYGO’s Role and Disclaimer of Transportation Services:
You acknowledge that RYGO does not provide transportation, logistics services nor function as a transportation carrier and that all such transportations or logistics services are provided by third party providers (TPPs) who are not employed by RYGO or any of its affiliates.
4.3 Provision of the Services:
You acknowledge that RYGO does not provide transportation, logistics services nor function as a transportation carrier and that all such transportations or logistics services are provided by third party providers (TPPs) who are not employed by RYGO or any of its affiliates.
- You acknowledge that portions of the Services may be made available under RYGO’s brands, and the logistics request brands. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
a) Certain of RYGO’s subsidiaries or affiliates.
b) Independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses. - The Services may be made available or accessed in connection with third party services and content (including advertising) that RYGO does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. RYGO does not endorse such third party services and content and in no event shall RYGO be responsible or liable for any products or services of such third party providers. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
5. LICENSE:
5.1 Subject to your compliance with these Terms, RYGO grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
- Access and use the Applications on your personal device solely in connection with your use of the Services.
- Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by RYGO and RYGO’s licensors only.
6. RESTRICTIONS:
6.1 You may not:
- Remove any copyright, trademark or other proprietary notices from any portion of the Services;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RYGO
- Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law.
- Link to, mirror or frame any portion of the Services
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services
- Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
7. OWNERSHIP:
7.1 The Services and all rights therein are and shall remain RYGO’s property or the property of RYGO’s licensors. Neither these Terms and Conditions nor your use of the Services convey or grant to you any rights:
- In or related to the Services except for the limited license granted above
- To use or reference in any manner RYGO’s company names, logos, product and service names, trademarks or services marks or those of RYGO’s licensors.
8. YOUR USE OF THE SERVICES:
8.1 User Accounts:
In order to use most aspects of the Services, you must register for and maintain an active personal user Services, once the Platform Access Contractual Agreement (PACA) is accepted and acknowledged. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to RYGO certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or visa/master card). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or RYGO’s termination of these Terms and Conditions with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by RYGO in writing, and you may only possess one Account.
8.2 User Requirements and Conduct:
The Service is not available for use by persons under the age of 18. You may not authorize third parties providers to use your Account, nor clients are not permitted to authorize other clients to use their account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes). 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. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity, or found guilty.
8.3 Text Messaging:
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from RYGO at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
8.4 Promotional Codes:
RYGO may, in RYGO’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that RYGO establishes on a per promotional code basis. You agree that Promo Codes:
- Must be used for the intended audience and purpose, and in a lawful manner.
- May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by RYGO.
- May be disabled by RYGO at any time for any reason without liability to RYGO
- May only be used pursuant to the specific terms that RYGO establishes for such Promo Code
- Are not valid for cash or refund.
- May expire prior to your use. RYGO reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that RYGO determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
8.5 User Provided Content:
RYGO may, in RYGO’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to RYGO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to RYGO, you grant RYGO a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and RYGO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant RYGO the license to the User Content as set forth above
- Neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor RYGO’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by RYGO in its sole discretion, whether or not such material may be protected by law. RYGO may, but shall not be obligated to, review, monitor, or remove User Content, at RYGO’s sole discretion and at any time and for any reason, without notice to you.
8.6 Network Access and Devices:
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging 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. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. RYGO 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.
9. PAYMENT:
9.1 User Charges and Payment Facilitation:
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider. After you have received services or goods obtained through your use of the Service, RYGO will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider, in all methods including cash. Charges will be inclusive of applicable fees where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by RYGO. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. RYGO will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good, and it is upon RYGO to accept or reject such request.
9.2 Immediate Payment and Account Management:
All Charges are due immediately and payment will be facilitated by RYGO using the preferred payment method designated in your Account, after which RYGO 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 RYGO may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
9.3 Modification of Charges, High-Demand Pricing, and Promotional Offers:
As between you and RYGO, RYGO reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in RYGO’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. RYGO will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. RYGO may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
9.4 Gratuity, Feedback, and Provider Compensation:
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
9.5 Repair or Cleaning Fees:
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 RYGO in RYGO’s reasonable discretion, RYGO 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 RYGO to the applicable Third Party Provider and are non-refundable.
10. GOVERNING LAW; ARBITRATION:
Except as otherwise set forth in these Terms and Conditions, these Terms and Conditions shall be exclusively governed and subjected by and construed in accordance with all of the laws of Kuwait.