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COUNTRY TERMS: GHANA
1. GENERAL PROVISIONS
1.1. These Country Terms apply to the relevant E-Service Agreement (the ‘Agreement’) which provides that the Country Terms are incorporated therein by reference.
1.2. By entering into the Agreement, the Counterparty consents to be bound by the Country Terms without any additional formalities (including without limitation without signing the Country Terms or receiving a printed copy of the Country Terms).
1.3. Yango may amend the Country Terms when considers necessary without the Counterparty’s consent and, notwithstanding anything to the contrary, such amended Country Terms shall be binding on the Counterparty when they are made available via an Electronic Notice.
1.4. Capitalised words and expressions that are not defined in the Country Terms shall have meanings attached to them in the Agreement or the General Terms and in the absence of such meaning the provisions of Clause 1.3 of the General Terms shall apply.
2. AMENDMENTS OF AND ADDITIONS TO THE AGREEMENT
2.1. This section contains provisions that amend, disapply, and (or) supplement the existing provisions of the Agreement. Unless otherwise expressly provided for in this section, the relevant provision shall be deemed to supplement (for the avoidance of doubt: not to amend or disapply) the Agreement.
2.2. Clause 1.1.5 of the Agreement: ‘Country’ shall mean the Ghana.
2.3. Clause 1.1.6 of the Agreement: ‘Country Currency’ shall mean Ghanaian Cedi, the official currency of the Country. A reference to a ‘unit’ of the Country Currency shall mean a reference to one (1) Ghanaian Cedi and a reference to ‘units’ of the Country Currency shall mean a relevant amount in Ghanaian Cedi.
2.4. Clause 1.1.7 of the Agreement: ‘Country Language’ shall mean English, the official language of the Country.
2.5. Clause 1.1.9 of the Agreement: ‘Currency’ shall mean the United States Dollar, the official currency of the United States Of America. A reference to a ‘unit’ of the Currency shall mean a reference to one (1) the United States Dollar and a reference to ‘units’ of the Currency shall mean a relevant amount in the United States Dollar.
2.6. Clause 1.1.17 of the Agreement: ‘Official Rate’ shall mean the official rate of conversion of the Country Currency into the Currency as established by the Bank of Ghana for a relevant date.
2.7. Clause 1.1.26 of the Agreement: ‘Yango’ shall mean MLU Africa B.V., a legal entity organised and existing under the laws of the Netherlands, registration No. NL859916121B01, having its principal place of business at Schiphol Boulevard 165, 1118 BG Schiphol, the Netherlands.
2.8. Clause 7.2 of the Agreement: The Maximum Tariffs are publicly available at https://yango.yandex.com/tariff and are deemed to be incorporated into the Agreement by reference.
2.9. Clause 9.1.2 of the Agreement:
2.9.1. The E-Service Fee amounts to zero (0) per cent of the Transfer Fee and is payable by the Counterparty to Yango for every Request.
2.9.2. Yango may provide a discount on the Service Fee in any Reporting Period.
2.10. Clause 9.2.3 of the Agreement: Yango shall remit the Transfer Fee (less the E-Service Fee, the fee specified in Clause 9.2.4 of the Agreement, and, if applicable, any amounts related to set off or deduction) to the Counterparty once a day provided that the Transfer Fee (less the E-Service Fee) is equal to or exceeds an equivalent of one hundred (100) units of the Currency as determined pursuant to the Official Rate.
2.11. Clause 9.2.4 of the Agreement: The fee of Yango for the collection of the Transfer Fee from Users and its transfer to the Counterparty is deemed to be included into the E-Service Fee specified in this Clause 9.2.1 of the Agreement.
2.12. Clause 9.3.1 of the Agreement: The currency of payments between the Parties shall be the Currency.
2.13. Clause 10.5.4 of the Agreement: If the Counterparty has, whether intentionally, unintentionally, or otherwise, not complied with the provisions of Clause 6.5 of the General terms in any respects, then the Counterparty’s penalty shall amount to ten thousand (10,000) units of the Currency for each instance of such non-compliance and shall be payable to Yango within ten (10) calendar days upon the receipt of a Written Notice from Yango.
2.14. Clause 10.5.5 of the Agreement: It is agreed and acknowledged by the Parties that for any instance of the Counterparty’s intentional, negligent, or innocent non-performance or improper performance of any of its duties under the Agreement the Counterparty will forfeit a penalty amounting to one thousand (1000) units of the Currency.
2.15. Addresses and Details of the Parties:
(a) Registered address: Schiphol Boulevard 165, 1118 BG Schiphol, the Netherlands
(b) Place of business: Schiphol Boulevard 165, 1118 BG Schiphol, the Netherlands
(c) Postal address: Schiphol Boulevard 165, 1118 BG Schiphol, the Netherlands
Banking details: Account № 0020160135 IBAN: NL58 INGB 0020 1601 35 in ING Bank NV (Amstelveenseweg 500 1081 KL, Amsterdam, The Netherlands)
(d) E-mail: n/a
2.15.2. The Counterparty: addresses and other details of the Counterparty have been provided by the Counterparty to Yango via the E-Platform and are specified at the Counterparty Account.
3. AMENDMENTS OF AND ADDITIONS TO THE GENREAL TERMS
3.1. This section contains provisions that amend, disapply, and (or) supplement the existing provisions of the General Terms. Unless otherwise expressly provided for in this section, the relevant provision shall be deemed to supplement (for the avoidance of doubt: not to amend or disapply) the General Terms.
3.2. Clause 6.5 of the General Terms: the penalty for the Counterparty’s non-compliance with Clause 6.5 of the General Terms shall amount to ten thousand (10,000) units of the Currency for each instance of such non-compliance and shall be payable within ten (10) calendar days upon the receipt of a Written Notice from Yango.
4. THE REQUESTS CANCELLATION POLICY
4.1. A Request that has been accepted by the Counterparty may be cancelled by a User, and a User will be charged the Transfer Fee, as calculated by the Service, if at the time of the Request cancellation:
4.1.1. a Vehicle is three hundred (300) meters or less from the pick-up location; and
4.1.2. a ‘waiting’ signal has been sent via Service by a Driver.
4.2. A Request that has been accepted by the Counterparty may be cancelled by a Driver, and a User will be charged the Transfer Fee, as calculated by the Service, if at the time of the Request cancellation:
4.2.1. a Vehicle is three hundred (300) meters or less from the pick-up location;
4.2.2. a ‘waiting’ signal has been sent via Service by a Driver; and
4.2.3. ten (10) minutes or more have passed from the time of the ‘waiting’ signal sending.
4.3. The Transfer Fee that is charged for the Request cancellation shall not exceed the Transfer Fee for a ten (10) minutes ride as calculated by the Service per the Maximum Tariffs applicable to the Request, which Transfer Fee shall include, if applicable, without limitation: free waiting time and the Peak Hours Coefficient as determined pursuant to the Agreement, but shall exclude the Additional Services.
5. THE TRANSFER FEE
5.1. The Transfer Fee is calculated automatically by the Service algorithms at the time when the pick-up and destination locations for a Request have been specified, and may be based on, without limitation, the Maximum Tariffs, an estimate of the Transfer duration and distance from the pick-up location to the destination location (taking into account traffic and other applicable details of the route). Subject to Clause 5.3 of the Country Terms, the Transfer Fee, as calculated by the Service, represents the maximum price that the Counterparty may charge for the Transfer services rendered to a User as per such User’s Request.
5.2. The Transfer Fee calculated by the Service may be automatically adjusted, including without limitation, in the circumstances when Request parameters are altered by a User (including without limitation: a destination location is changed, paid waiting time or the Additional Services are added or removed etc), or when a certain period of time has passed since the time when the pick-up location and destination location have been specified.
5.3. The Counterparty may charge the Transfer Fee pursuant to its own tariffs that may be either equal to or less than the Maximum Tariffs provided always that the Transfer Fee calculated pursuant to the Counterparty’s tariffs never exceeds the Transfer Fee calculated pursuant to the Maximum Tariffs.
6. THE PEAK HOURS COEFFICIENT
6.1. The Peak Hours Coefficient shall apply to the Maximum Tariffs during the periods determined by Yango (which may include without limitation days before public holidays, days of mass events, poor weather conditions, etc.) to ensure high-quality service to Users and facilitate the performance of the maximum possible number of Requests, when the demand for the Transfer services is higher than average.
6.2. The Parties agreed that the value and applicability of the Peak Hours Coefficient shall be unilaterally defined by Yango based on, without limitation, available technical data of the Service, Statistical Data on the demand for transfer services, and availability of Vehicles. If the Peak Hours Coefficient has been activated and a User chooses to place a Request to which the Peak Hours Coefficient applies, the relevant values of the Maximum Tariffs (except for the Additional Services) shall be increased as appropriate in accordance with such Peak Hours Coefficient.
Date of publication: 29.11.2019
Previous version: https://yandex.com/legal/yango_country_terms/03062019