1-5 Each Provider and each Client will get a free YouSAB Wallet account (hereinafter known as “wallet”) to hold Service Credit Balance (hereinafter known as “Service Credit Balance”) upon signing up to the Service. Each wallet will have a Discount Code (hereinafter known as “Discount Code”) that can be used to invite other clients to sign up to the Service and use the given Discount Code during signing up.
1-6 Each Provider and each Client will get also a free YouSAB Discount Wallet account (hereinafter known as “discount wallet”) to hold Service Discount Credit Balance from the first party client service fees (hereinafter known as “Service Discount Credit Balance”) upon signing up to the Service.
1-7 When ever a Client Sign up with a Discount Code, he become registered in the Client’s Team of the owner of the used Discount Code
1-8 Each Client signed up to the Service using a Discount Code will receive a permanent 2% discount of value of all his completed ride or delivery requests added to his Wallet account upon completing the request, to be deducted from the amount of his next request
1-9 Each Client signed up to the Service without using a Discount Code will never receive any discount
2 Agreement Specific terms and Conditions:
Both Parties Agreed on the following terms and conditions:
2-1 First Party provides the Second Party with this application to allow him issue a service request to be dispatched to the near by Service providers
2-2 After the second party select his service request start (pick up) and end (destination) locations, Application will provider the second party with a list of the available services and their estimated fare ranges, then Second party had to select the requested service and accept its estimated fare range before the request service request gets issued.
2-3 This Application will give the second party the right to cancel the issued request at any time as long as the requested service has not been started. The issued request cancellation will be free as long as the issued request has not been accepted by any of the service providers, but there will be a cancellation fees in case that the issued request has been accepted by a service provider who started to move to provide the requested service. The cancellation fees will be deducted from second party’s Service credit balance wallet to be charged to the second party’s next completed service request fare.
2-4 When the service provider arrives to the second party’s requested pick up location, the second party will be notified that the service provider has arrived and waiting for him.
2-5 The second party is required to be with the service provider with in a maximum of 5 minutes to start the service meter, if the second party kept the service provider waiting more than 5 minutes, the service provider has the right to start the service meter. The Service meter is an accurate meter used to calculate the service fees in near real time, and the second party had to accept the calculated service fees.
2-6 Upon the arrival to the request destination or in case that the second party requested to end the service, the service provider stop the service meter to allow the service provider’s application to display the completed service fees amount after discount, that the second party had to pay this amount to the service provider in cash. If the second party paid the provider an extra amount, its the responsibility of the second party to insure that the service provider has completed the request payment processing and transferred the extra amount back to the second party’s service fees wallet balance to be used to pay for next request.
2-7 After the request has been completed and only if the second party was signed up to the service with a discount code, the second party will receive a 2% of the completed service fees as extra credit to his service credit wallet, to be used as a discount in his next completed service request.
2-8 The second party wallet account gets credited a commission of 2% of each completed service request amount that has been requested by one of his clients team members.
2-9 The first party has the right to stop the second party from issuing clients' service requests whenever it has been proven that the second party has misused this application or the second party has misbehaved with any of the service providers in a way that may spoil the service reputation
2-10 In case that the second party has been stopped from issuing clients' service requests, the second party will keep his wallet account and it will continue to be credited with his commission from each completed service request that has been requested by a client who is a member of his clients team, as long as the service continue in business.
3-1 License, First Party grants Second Party a limited, nonexclusive and nontransferable license to use this application and the service during the agreement term based on second party's prepaid service credit balance.
3-2 Second Party shall not reverse assemble, reverse engineer or reverse compile this application and service software in whole or in part or use, copy, modify, create derivative works, or otherwise transfer the software except as provided herein.
3-3 Hosting Service, First Party will host the Service so that Second Party and the service providers and his Client’s Team members and other clients will have access during the Agreement Term
3-4a Ownership of Software ,First Party retains title and full ownership rights to the Service, application , Software, including all modifications, enhancements and future releases.
3-4b Ownership of Data and access, First Party, Second Party and the service providers information and data has a shared ownership by First Party on one side, and the Second Party and their Clients team members on the other side. Each party owns its data but share it with the first party. The First Party has no right to share these information and data with any other party except for country national and public safety, “Egyptian Government” and its representative authorities has the right to access the Service data based on a written court, public attorney letter.
Second Party shall have the ability to access his data at any time using this application reports.
In Case termination, First Party had to keep the information and data for at least ninety days (30) for each party to take its data.
3-5 Warranty; Disclaimers
3-5-1 Limited Warranty, First Party warrants that the Service software substantially conforms to the above mentioned Service operations.
3-5-2 DISCLAIMER OF WARRANTIES, EXCEPT AS SET FORTH IN (3-5-1) ABOVE,
First Party MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OPERATION, COMPATIBILITY OR UNINTERRUPTED ACCESS.
3-5-3 Limitation of Liability. In Case of any incident that may lead to the failure of the Service during a Client Request, First Party Liability and Second Party affected by the incident, EXCLUSIVE REMEDY SHALL NOT EXCEED MONETARY DAMAGES EQUAL TO THE TOTAL AMOUNT OF THE CLIENT REQUEST AFFECTED BY THE INCIDENT. IN NO EVENT SHALL First Party BE LIABLE TO Second Party FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, EVEN IF First Party HAS BEEN ADVISED OF THE POSSIBILITY OF SAME. First Party HAS NO RESPONSIBILITY FOR Second Party MISUSE, MISUNDERSTANDING OR MISAPPLICATION OF THE SERVICE AND THIS SOFTWARE APPLICATION.
3-5-4 Representations, No person has been authorized to make any oral representations regarding this application Software or the Service, and no written representations may be made with respect thereto or relied upon by Second Party except in writings or documents authorized and provided by First Party
3-6 Term; Termination
3-6-1 Term. The Term of this Agreement is not specified, it expires after the second party uninstall this application from his mobile device and stop using it for 30 days.
3-6-2 The first party has the right to terminate this agreement at any time if it has been proven that the second party has misused this application or service or the second party has misbehaved with any service provider in a way that may spoil the service reputation
3-7. Force Majeure. If First Party is unable to perform any of its obligations hereunder, or the Second Party is unable to enjoy a benefit hereunder (including without limitation loss of or failure to request and receive the Service), due to any event beyond the reasonable control of the First Party, including without limitation weather and all other Acts of God, war, fire, heat, cold, explosion, flood, power or telephone failures, acts or omissions of any government or agency thereof, compliance with requirements, rules, regulations or orders of any governmental authority or any instrumentality thereof, labor difficulty, supplier failure or delay, civil disorder, or breakdown or malfunction of machinery, transportation facilities or other equipment of any nature, then First Party performance shall be excused for the pendency of such event.