TERMS & CONDITIONS

CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Wasilni TRADING Private Limited (“Wasilni”) a private limited liability company established in the Kingdom of Saudi Arabia, having its registered office at Mham International for Information Technology, Abi Al Darda, Al Rawdah, Riyadh-13213.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Wasilni. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. Wasilni may immediately 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. 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 for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Wasilni may amend the Terms related to the Services from time to time. Amendments will be effective upon Wasilni’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. Our collection and use of personal information in connection with the Services is as provided in Wasilni’s Privacy Policy. Wasilni may provide to a claims processor or an insurer 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.

THE SERVICES

The Services constitute a technology platform that enables users of Wasilni’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and 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 Wasilni or certain of Wasilni’s affiliates (“Third-Party Providers”). Unless otherwise agreed by Wasilni in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

YOU ACKNOWLEDGE THAT WASILNI DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY WASILNI OR ANY OF ITS AFFILIATES.

LICENSE

Subject to your compliance with these Terms, Wasilni grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

Any rights not expressly granted herein are reserved by Wasilni and Wasilni’s licensors.

RESTRICTIONS

 following restrictions apply to all Wasilni Users (Drivers & Riders):

PROVISION  OF THE SERVICES

You acknowledge that portions of the Services may be made available under Wasilni’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Wasilni Saver”, “WasilniX”, “Wasilni Family” and “Wasilni Luxury”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:

THIRD-PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third-party services and content (including advertising) that Wasilni 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. Wasilni does not endorse such third-party services and content and in no event shall Wasilni be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Huawei, Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, Huawei or Blackberry-powered mobile devices, respectively. 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. OWNERSHIP. The Services and all rights therein are and shall remain Wasilni’s property or the property of Wasilni’s licensors. Neither these Terms nor your use of the Services conveys or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Wasilni’s company names, logos, product and service names, trademarks or services marks or those of Wasilni’s licensors.

SERVICE USAGE GUIDELINES

USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). 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 Wasilni 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 accepted payment partner). 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 Wasilni’s termination of these Terms 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 info at all times. Unless otherwise permitted by Wasilni in writing, you may only possess one Account.

USER REQUIREMENTS AND CONDUCT

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your 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 (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. 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.

TEXT MESSAGING

By creating an Account, you agree that the Services may send you informational 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 Wasilni at any time by sending an email to support@Wasilni.com.sa indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

PROMOTIONAL CODES

Wasilni may, in Wasilni’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 Wasilni establishes on a per promotional code basis (“Promo Codes”). You agree that:

USER-PROVIDED CONTENT

Wasilni may, in Wasilni’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Wasilni 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 Wasilni, you grant Wasilni a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, 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 Wasilni’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 agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Wasilni in its sole discretion, whether or not such material may be protected by law. Wasilni may, but shall not be obligated to, review, monitor, or remove User Content, at Wasilni’s sole discretion and at any time and for any reason, without notice to you.

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. Wasilni 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.

PAYMENT

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 (“Charges”). After you have received services or goods obtained through your use of the Service, Wasilni 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 a 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. Wasilni reserves the right to charge you an additional amount for the pickup facility provided at various places along with applicable taxes (including but not limited to VAT). Charges paid by you are final and non-refundable unless otherwise determined by Wasilni. 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. Wasilni will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Wasilni using the preferred payment method designated in your Account, after which Wasilni will send you a receipt by email or you can access it through your travel history. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Wasilni may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Wasilni, Wasilni 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 Wasilni’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Wasilni 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. Wasilni may from time to time provide certain users with promotional offers, subscriptions, 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, subscriptions, 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. This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Wasilni does not designate any portion of your payment as a gratuity to the Third-Party Provider. Any representation by Wasilni (on Wasilni’s website, in the Application, or in Wasilni’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Wasilni provides any additional amounts, beyond those described above, to the Third-Party Provider. 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. Gratuities are voluntary. 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. 

DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNITY

DISCLAIMER

The services are provided “as is” and “as available.” Wasilni 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, Wasilni 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. Wasilni 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.

LIMITATION OF LIABILITY

Wasilni shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Wasilni has been advised of the possibility of such damages. Wasilni shall not be liable for any damages, liability, or losses arising out of:

Wasilni shall not be liable for delay or failure in performance resulting from causes beyond Wasilni’s reasonable control. You acknowledge that third-party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. In no event shall Wasilni’s total liability to you in connection with the services for all damages, losses, and causes of action exceed 500 SAR. Wasilni’s services may be used by you to request and schedule transportation, goods, or logistics services with third-party providers, but you agree that Wasilni has no responsibility or liability to you related to any transportation, goods, or logistics services provided to you by third-party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

INDEMNITY

You agree to indemnify and hold Wasilni and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

GOVERNING LAW & ARBITRATION

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Saudi Arabian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Saudi Arabian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration Law, Royal Decree No M/34. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Law. The place of both mediation and arbitration shall be Saudi Arabia. The language of the mediation and/or arbitration shall be Arabic unless you do not speak Arabic, in which case the mediation and/or arbitration shall be conducted in both Arabic and your native or spoken language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders, and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:

OTHER PROVISIONS

CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement should be sent to Wasilni’s designated agent. NOTICE. Wasilni may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Wasilni by written communication to Wasilni's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without Wasilni’s prior written approval. You give your approval to Wasilni for it to assign or transfer these Terms in whole or in part, including to:

If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. 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. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

WASILNI GUIDELINES FOR LAW ENFORCEMENT AUTHORITIES

The following guidelines are intended to inform law enforcement about the legal process for seeking records from Wasilni. These are merely guidelines, and this information may change at any time. For private party requests, including requests from civil litigants and criminal defendants, we recommend browsing Guidelines for Third-Party Data Requests.

WHAT IS WASILNI AND WHAT RECORDS DO WE HAVE?

Wasilni is a technology company that has developed an app that connects users (riders) with driver partners who provide transportation to the user. Wasilni is not a transportation carrier and does not employ any drivers. Users can use the Wasilni App to request transportation via their smartphone. Wasilni users can choose from a variety of drivers available in his or her location. At the end of the ride, both the driver-partner and the user receive a copy of the fare receipt. More information about our services is available here. We store and maintain information as described in our Privacy Statements.

WHAT TYPE OF LEGAL PROCESS DOES WASILNI REQUIRE BEFORE PRODUCING USER OR PARTNER INFORMATION?

For KSA Law Enforcement: We disclose business records only in accordance with our terms of service and applicable law. A valid Saudi court order (via mutual legal assistance treaty, mutual legal assistance agreement, or letter rogatory) may be required to compel disclosure of certain records. We accept Saudi requests via email to law@wasilni.com.sa. Our acceptance of the legal process does not waive any legal objections Wasilni may have and may raise in response to the request.

WHAT FORM OF REQUESTS DOES WASILNI REQUIRE, AND HOW ARE REQUESTS PROCESSED?

To respond to a request, we will need to receive the application process described above, as well as a valid return email address from an official government domain. We review each request for facial and substantive validity and will reject requests that are not facially and substantively valid. Among other things, we require requests to be narrowly tailored to a legitimate law enforcement need and will reject overly broad, vague, or unduly burdensome requests. In order to make sure your Law Enforcement Request is valid and does not seek more information than necessary, we ask for the following: A sufficiently narrow/defined time period; A specific event or action that the subject took; A specific reference (i.e., you must uniquely identify a user or driver partner) We disclose data to law enforcement when we determine that we are required to do so by law. In those instances, we will search for and disclose data that we are reasonably able to locate and retrieve.

HOW DOES WASILNI HANDLE EMERGENCY REQUESTS?

We have a process for evaluating requests on an emergency basis where there is an emergency that involves protecting a user, driver-partner, or Third-Party or stopping illegal activity that poses an immediate threat of death or serious bodily harm. Requestors must submit an Emergency Request Form (which can be requested through law@wasilni.com.sa) that describes in detail the nature of the emergency, and we review these requests on a case-by-case basis. Law enforcement can submit an emergency request by emailing law@wasilni.com.sa. Please note that we will only review and respond to emergency requests from law enforcement, and will not respond to emergency requests sent to this address by non-law enforcement officials. Non-law enforcement officials aware of an emergency situation should immediately and directly contact local law enforcement officials.

DOES WASILNI NOTIFY INDIVIDUALS OF A LAW ENFORCEMENT REQUEST FOR INFORMATION RELATING TO THEM?

Yes, we may notify subjects before producing their information to law enforcement, unless we are prohibited by law from doing so, or in exceptional circumstances such as emergencies. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.

DOES WASILNI PROVIDE A CERTIFICATE OF AUTHENTICATION OR EXPERT TESTIMONY?

We may provide a certification from the custodian of our records but are not generally able to provide in-person or expert witness testimony. Law enforcement officials with questions about these guidelines should email law@wasilni.com.sa. Please note that we will not respond to non-law enforcement inquiries received at this email address. For non-law enforcement inquiries, please see Guidelines for Third-Party Data Requests.