Terms of Service
1. Contractual Relationship
These terms of service constitute a legally binding agreement (the“Agreement”) between you and Zawareeb Applications Services S.P.C accompany registered in 2571 road 1722 Manama, Bahrain and referred here as (YaModeer)
This Agreement governs your use of the Ya Modeer applications, website, call centre and technology platform (collectively, the “Ya Modeer Platform”). The right to operate the Ya Modeer Platform is licensed by Zawareeb Applications Services S.P.C. or its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Ya Modeer Platform in your jurisdiction. Where no Affiliate exists in your jurisdiction but use of the Ya Modeer Platform is available to you, the right to access and use the Ya Modeer Platform will be provided to you by Zawareeb applications Services S.P.C. where you access the Ya Modeer Platform to use mobile top-up, the right to access and use the Ya Modeer Platform for mobile top up is provided by ZAawareeb Applications Services S.P.C.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE YA MODEER PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YA MODEER PLATFORM.
Your access and use of the Ya Modeer Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Ya Modeer. Ya Modeer may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Ya Modeer Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty program, 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, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
Ya Modeer may amend this Agreement from time to time. Amendments will be effective upon Ya Modeer’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Ya Modeer Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Our collection and use of personal information in connection with the Ya Modeer Platform is as provided in Ya Modeer’s Privacy Policy located at www.yamodeer.com. Ya Modeer 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 and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Ya Modeer Platform
The Ya Modeer Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek maintenance services, , e-payment services, and/or assistance services (“Services”) can be matched with persons , including technicians )“Modeer”) who can provide the Services. Each User shall create a User account that enables access to the Ya Modeer Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Modeer or other third party provider to a User shall constitute a separate agreement between such persons.
Materials posted on the Ya Modeer Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Ya Modeer Platform, or by anyone who may be informed of any of its contents.
We aim to update the Ya Modeer Platform regularly and may change the content at any time. If the need arises, we may suspend access to the Ya Modeer Platform and the Services or close them indefinitely. Any of the material on the Ya Modeer Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
YOU ACKNOWLEDGE THAT NEITHER YA MODEER NOR ITS AFFILIATES PROVIDE MAINTENANCE OR ASSISTANCE SERVICES OR FUNCTION AS A MAINTENANCE OR ASSISTANCE PREOFESSIONAL OR MAINTENANCE OR ASSTANCE SERVICE PROVIDER, AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY YA MODEER OR ANY OF ITS AFFILIATES.
License.
Subject to your compliance with this Agreement, Ya Modeer grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Ya Modeer Platform on your personal device solely in connection with your use of the Ya Modeer Platform; and (ii) access and use any content, information and related materials that may be made available through the Ya Modeer Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Ya Modeer and Ya Modeer’s licensors.
Third Party Services and Content.
The Ya Modeer Platform may be made available or accessed in connection with third party services and content (including advertising) that Ya Modeer 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. Ya Modeer does not endorse such third party services and content and in no event shall Ya Modeer be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Ya Modeer Platform using applications developed for Apple iOS or Android-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 Ya Modeer Platform in any manner. Your access to the Ya Modeer Platform using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ya Modeer Platform Ownership.
The Ya Modeer Platform and all rights therein are and shall remain Ya Modeer’s property or the property of Ya Modeer’s licensors. Neither this Agreement nor your use of the Ya Modeer Platform convey or grant to you any rights: (i) in or related to the Ya Modeer Platform except for the limited license granted above; or (ii) to use or reference in any manner Ya Modeer’s company names, logos, product and service names, trademarks or services marks or those of Ya Modeer’s licensors.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Ya Modeer’s various brands or request options, including maintenance request brands, the assistance request brands and the e-wallet brand.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including maintenance network company technician or labors of similar maintenance permits, authorizations or licenses.
It is at Ya Modeer’s discretion which brands or request options are made available to you.
3. Use of the Ya Modeer Platform
User Accounts.
In order to use most aspects of the Ya Modeer Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Ya Modeer certain personal information, such as your name, address, mobile phone number. 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 may result in your inability to access and use the Ya Modeer Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Ya Modeer’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Ya Modeer Platform.
Unless otherwise permitted by Ya Modeer in writing, you may only possess one Account.
User Requirements and Conduct.
The Ya Modeer Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive maintenance services from service providers unless they are accompanied by you or another adult. It is your sole responsibility to observe the service providers at all times while performing the maintenance/ assistance at the work site. The service providers can be reserved by you provided they are over 15 years of age and are permitted to do the service in the intended way under applicable laws in your jurisdiction. The service providers are responsible to wears a helmet or any personal protective equipment at all times and that they perform safety-checks on the work site prior to start the work. You must supervise their work at all times and you have the right to stop the work if you believe the safety is not adhered to. You are solely and exclusively responsible for the activity that you make a reservation for and the use of the hand tools or spare parts required to perform the service.
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 Ya Modeer Platform, and you may only use the Ya Modeer Platform for lawful purposes. You will not, in your use of the Ya Modeer Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to the user, a service provider, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Ya Modeer Platform, and you agree that you may be denied access to or use of the Ya Modeer Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the Ya Modeer Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs.
Ya Modeer, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Ya Modeer. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Ya Modeer reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Ya Modeer determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) 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 Ya Modeer; (iii) may be disabled by Ya Modeer at any time for any reason without liability to Ya Modeer; (iv) may only be used pursuant to the specific terms that Ya Modeer establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Ya Modeer may establish additional terms relating to specific promotions. Ya Modeer 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 Ya Modeer 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 this Agreement.
As part of your User account, Ya Modeer may provide you with or allow you to create a “Ya Modeer Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Provider (“Referred Modeer”). Ya Modeer Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Ya Modeer Code. You are prohibited from advertising Ya Modeer Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. Ya Modeer reserves the right to deactivate or invalidate any Ya Modeer Code at any time in Ya Modeer’s sole discretion.
As part of your User account, Ya Modeer may provide you with access to a feature in the Ya Modeer application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“Ya Modeer Credit”); and/or (iii) transfer Ya Modeer Credit to or receive Ya Modeer Credit from other Users, against payment of any applicable Ya Modeer Fees and subject to any limits on the number of transfers or the amount of Ya Modeer Credit you can send and/or receive, which Fees and limits may be modified by Ya Modeer from time to time.
When transferring Ya Modeer Credit balance to another User, the amount transferred and the applicable Ya Modeer Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of Ya Modeer Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, Ya Modeer is merely enabling the transfer of Ya Modeer Credit balance and is no way responsible for the actions of the individual Users, including the reason for which Ya Modeer Credit is transferred by or to you.
You may be entitled to purchase bundles of Ya Modeer Credit (“Ya Modeer Bundles”) or you may receive volume discounts ("Volume Discounts") or service discounts (“Service Discounts”) that you can apply toward payment of certain Services.
Ya Modeer Bundles, Ya Modeer Credits, Volume Discounts and Service Discounts are only valid for use on the Ya Modeer Platform, and are not transferable or redeemable for cash and may only be used for certain Services. Ya Modeer Bundles, Volume Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the work.
Additional restrictions on Ya Modeer Bundles, Ya Modeer Credits, Volume Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. Ya Modeer may cancel, or vary the terms, relating to any Ya Modeer Bundles, Ca Ya Modeer reem Credits, Volume Discounts or Service Discounts at any time in its sole discretion.
From time to time, Ya Modeer may offer you incentives to refer new Users to the Ya Modeer community (the “Referral Program”). These incentives may come in the form of Ya Modeer Credits, Volume Discounts and/or Service Discounts, and Ya Modeer may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
The ability to access mobile top up services is made available to you through the Ya Modeer Platform and is subject to change and availability. Ya Modeer is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the Ya Modeer Platform.
You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the Ya Modeer Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. Ya Modeer shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.
The top up mobile recharge cost will change depending on the denominations indicated on the Ya Modeer Platform. The total cost, number recharged and the relevant mobile operator will be shown on the Ya Modeer Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the Ya Modeer Platform.
Communications.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law). Communications from Ya Modeer, its affiliated companies and/or service providers, may include but are not limited to: operational communications concerning your User account or use of the Ya Modeer Platform or Services, updates concerning new and existing features on the Ya Modeer Platform, communications concerning promotions run by us or our third- party partners, and news concerning Ya Modeer and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact support@yamodeer.com and/or review the Privacy Policy for further information.
4. Charges and Payments
As a User, you agree to pay any amounts charged by Ya Modeer (the “Ya Modeer Fee”) (if applicable in your jurisdiction) and amounts charged by service providers or other independent third party provider for providing Services to you (“Charges”).
After you have received Services from a Modeer or other independent third party provider, Ya Modeer: (i) may facilitate your payment of the applicable Charges on behalf of the Modeer as such Modeer’s limited payment collection agent and (ii) may collect any applicable Ya Modeer Fee directly from you or, in the case of a cash payment, from the relevant Modeer. Payment of the Charges and Ya Modeer Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Modeer or other independent third party provider or to Ya Modeer, as applicable. Charges and Ya Modeer Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and Ya Modeer Fees paid by you are final and non-refundable, unless otherwise determined by Ya Modeer.
All Charges and Ya Modeer Fees are due immediately and payment will be facilitated by Ya Modeer using the preferred payment method designated in your Account, after which Ya Modeer or a Modeer, as applicable, 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 Ya Modeer may, on its own behalf, and as the Ya Modeer’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Ya Modeer, Ya Modeer reserves the right to establish, remove and/or revise Ya Modeer Fees at any time in Ya Modeer’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and Ya Modeer Fees applicable in certain geographical areas may increase substantially during times of high demand. Ya Modeer will use reasonable efforts to inform you of Charges and Ya Modeer Fees that may apply, provided that you will be responsible for Charges and Ya Modeer Fees incurred under your Account regardless of your awareness of such Charges or Ya Modeer Fees, as applicable, or the amounts thereof.
Repair or Cleaning Fees.
You shall be responsible for the cost of for damage to, or necessary cleaning of, user property resulting from use of the Ya Modeer Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a user reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Ya Modeer in Ya Modeer’s reasonable discretion, Ya Modeer reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the User using any of your payment methods. Such amounts will be transferred by Ya Modeer to the applicable User and are non-refundable.
5. Restricted Activities
With respect to your use of the Ya Modeer Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the Ya Modeer Platform or the servers or networks connected to the Ya Modeer Platform (v) post information or interact on the Ya Modeer Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the Ya Modeer Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Ya Modeer Platform (x) “frame” or “mirror” any part of the Ya Modeer Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ya Modeer Platform or any software used on or for the Ya Modeer Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the Ya Modeer Platform or access to any portion of the Ya Modeer Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Ya Modeer Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Captain shall be permitted to refuse to provide you Services or, if such Services have commenced, a Captain shall be permitted to refuse to continue to provide you Services.
6. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER.
THE YA MODEER PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YA MODEER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YA MODEER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE YA MODEER PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE YA MODEER PLATFORM, OR THAT THE YA MODEER PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. YA MODEER AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE PROVIDER. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE YA MODEER PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Ya Modeer and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Partner, mobile operator , or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Service Providers or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the service providers are left unattended.
By using the Ya Modeer Platform and participating in the Services, you agree to accept such risks and agree that Ya Modeer is not responsible for the acts or omissions of Users, Service Providers, Partners, mobile operators, or any other third party.
You acknowledge that Ya Modeer may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that Ya Modeer is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
Ya Modeer and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the Ya Modeer Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Ya Modeer, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Ya Modeer Platform. Any of your information, including geolocational data, you upload, provide, or post on the Ya Modeer Platform may be accessible to Ya Modeer, selected partners and relevant Service Provider.
LIMITATION OF LIABILITY.
YA MODEER AND ITS AFFILIATES AND ITS PARTNERS 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 YA MODEER PLATFORM OR SERVICES, EVEN IF YA MODEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YA MODEER AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE YA MODEER PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE YA MODEER PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER OR OTHER THIRD PARTY PROVIDER, EVEN IF YA MODEER OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YA MODEER AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT YA MODEER PROVIDING MAINTENANCE SERVICES REQUESTED THROUGH WIDE SERVICE PROVIDER AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED OR THE NATURE OF WORK MAY REQYUIRE TO USE, REPLACE SPARE PARTS, MATERIAL OR TOOLS FROM DIFFERENT BRANDS. IN NO EVENT SHALL YA MODEER’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE YA MODEER PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF SERFVICE PROVIDERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE YA MODEER PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH SERVICE PROVIDERS BUT YOU AGREE THAT YA MODEER, ITS AFFILIATES AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY SERVICE PROVIDER OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 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 Ya Modeer, its Affiliates and other partners and their 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: (i) your use of the Ya Modeer Platform and the Services or services or goods obtained through your use of the Ya Modeer Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Service Provider.
7. General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, Ya Modeer will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). Ya Modeer may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, Ya Modeer reserves the right to offer an alternative prize of equal or greater value if circumstances beyond Ya Modeer’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to Ya Modeer’s communication within the communicated timeframe, Ya Modeer reserves the right to offer the prize to the next eligible Entrant. Ya Modeer will not be liable if the Prize does not reach the Competition Winner for reasons beyond Ya Modeer’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither Ya Modeer nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside Ya Modeer’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL YA MODEER’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
Ya Modeer reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then Ya Modeer shall have the sole discretion to decide finally on any such matter. Ya Modeer’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
8. Dispute Resolution
Arbitration.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Ya Modeer Platform or Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Ya Modeer if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Ya Modeer are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Ya Modeer and/or any of its Affiliates.
Arbitration Process and Rules.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Ya Modeer Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, 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: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
9. Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Ya Modeer at support@yamodeer.com.
Notice.
Ya Modeer may give notice by means of a general notice on the Ya Modeer Platform, 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 Ya Modeer by written communication to Ya Modeer 's email address at Ya Modeer support@yamodeer.com.
General.
You may not assign or transfer your rights under this Agreement in whole or in part without Ya Modeer’s prior written approval. You give your approval to Ya Modeer for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Ya Modeer’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Ya Modeer or any Captain as a result of the contract between you and Ya Modeer or use of the Ya Modeer Platform.
If any provision of this Agreement 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 this Agreement but the legality, validity and enforceability of the other provisions in this Agreement 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 this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.