Terms of Use of Yango

SERVICE AGREEMENT

 

This Service agreement constitute an integral part of, and are incorporated by reference in the Service Order, regulating relationship between the Counterparty and Yango. Yango (Yango Drive Trading LLC as defined below), and the Counterparty (as defined below), have agreed as follows:

1. DEFINITIONS AND INTERPRETATION

1.1. In addition to the words and expressions defined directly above and throughout the text of the Agreement, the following words, and expressions in this Agreement shall have the meanings set forth below:

— Agreement shall mean this Service Agreement entered into by and between Yango and the Counterparty.

— Service Order shall the service order which includes agreement of acceptance of this service agreement entered into and between Yango and the Counterparty.

— Counterparty or the Client shall mean a company or corporation licensed in the Emirate of Dubai to conduct the activity who (1) is interested in the recruitment of new customers within the territory of Dubai, the United Arab Emirates, (2) have entered into Service Order with Yango and the service agreement with Yango in respect of granting access to the Platform, operation, interrelated technical support and other related services provided by Yango to the Counterparty.

— Platform shall mean the car fleet management technological solution designed to monitor and control a status of vehicles in fleet and facilitate provision of such vehicles to the drivers, including without limitation partner web interface, websites and other related solutions and services provided by Yango.

— AED means Emirati Dirham, the official currency of the United Arab Emirates.

— Affiliate shall mean in relation to any person, any other person directly or indirectly Controlled by, or Controlling of, or under common Control with, that person.

— Business Day means a day, other than a Saturday, Sunday or public holiday and other non-working days in Dubai, the United Arab Emirates (the UAE) on which banks in Dubai generally are open for the transaction of normal banking business.

— Confidential Information means any information (scientific and technical, technological, manufacturing, financial and economic or other information, including the one about information security tools, identification, authentication, authorization (usernames, passwords, etc.), statistical information about clients, products, services, research results, etc.) to be transferred by the Client to The Client in any possible form (oral, written, electronic and other), which has any actual or potential commercial value due to being unknown to third parties and not legally available, as well as information on the Party or its Affiliate disclosed hereunder, that is proprietary to the disclosing Party; fact of conclusion and content of the Agreement; as well as any information received by extracting, processing, generalization or analytical calculations of the Confidential Information.

— Control shall mean with regard to a person the power or authority, whether exercised or not, to direct the business, management and policies of such person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; provided that such power or authority shall conclusively be presumed to exist upon possession of beneficial ownership or power to direct the voting of more than 50% of the votes entitled to be cast at a meeting of the members or shareholders of such person or power to control the composition of a majority of board of directors of such person and\or appoint a general director (sole director if applicable). The terms ‘Controlled’ and ‘Controlling’ have meanings correlative to the foregoing.

— Country Law shall mean all laws, regulations, directives, statutes, subordinate legislation, all judgments, orders, notices, instructions, decisions and awards of any competent governmental authority and all codes of practice having force of law, statutory guidance and policy notes, in each case to the extent applicable to the Parties or any of them, or as the context requires existed at the relevant time in the Country.

— Country shall mean the United Arab Emirates.

— Effective Date shall means the date of the Agreement determined pursuant to the Service Order.

— Force Majeure Event means any natural disasters (such as fires, explosions or floods), pandemic, acts of either war or hostilities, acts of terrorism, insurrections, riots or acts of any competent Governmental Authority obstructing the Party to fulfill its obligation hereunder including, but not limited to embargoes, any sanction restrictions.

— Law shall mean all laws, regulations, directives, statutes, subordinate legislation, common law and civil codes of any jurisdiction, all judgments, orders, notices, instructions, decisions and awards of any competent Governmental Authority and all codes of practice having force of law, statutory guidance and policy notes, in each case to the extent applicable to the Parties or any of them, as the context requires, existed at the relevant time in the United Arab Emirates as applied in the courts of emirate of Dubai.

— Partner Web Interface shall mean a part of the Platform available to the Client at uae.vlootkit.com after authorization using the Clients’s login and password, which includes without limitation interaction with the Services and the Statistical Data.

— Personal Data as it defined by applicable data protection law shall mean the any of following details of an individual: name, phone number; e-mail address; personal data as stated in this Agreement; and other personal data as defined by the Country Law.

— Reporting Period shall mean a period of time which starts on the first day and ends on the last day of the relevant calendar month. Provided that the first Reporting Period shall be a period of time from the Effective Date until the last day of a relevant calendar month, and the last Reporting Period shall be a period of time from the first day of the relevant calendar month until the date of expiration, repudiation, or termination of this Agreement.

— Statistical Data shall mean the Yango’s automated systems data, which may contain without limitation data for the calculation of the Cost of the Services and any other data relating to the performance of the Agreement, and is available at the Partner Web Interface.

— User shall mean an individual who is interested in renting a Vehicle in the United Arab Emirates.

— VAT means value added tax chargeable in Dubai Emirate, the United Arab Emirates.

— Vehicle shall mean an automobile/car which belongs to or/and used by the Client, connected to the Platform and is available for the User to be rented via the Website.

— Website shall mean a part of the Platform available to Users at drive.yango.com without authorization which includes information about the Client’s Vehicles available for renting.

— Cost of the Services shall mean a cost of the Services payable by the Counterparty to Yango for the provision of the Services pursuant to the terms of the Agreement.

— Services shall mean new customer acquisition services provided by Yango to the Client according to this Agreement.

— Yango shall mean Yango Drive Trading LLC, Limited Liability Company, a legal entity organised and existing under the laws of United Arab Emirates, the Emirate of Dubai (License No. 1122904).

 

2. SUBJECT MATTER OF THE AGREEMENT

2.1. Subject to the provisions of this Agreement, Yango shall provide new customer acquisition services to the Client. Such customers (Users) shall enter into commercial agreements with the Client in respect of car rental services and the Client shall pay Yango for the Services in the manner, at the times and on the terms and conditions set out herein.

2.2. The Client undertakes to pay for the Services to be rendered by Yango according to the procedure and on the terms agreed upon between the Parties herein.

2.3. Yango may render services similar or identical to the Services to the benefit of other persons which will not be considered as a breach of this Agreement.

2.4. The Client agrees and acknowledges that Yango: (1) does not provide to the Users or other parties any rental or transportation services; (2) does not control information generated or provided from the Client to the Users through the Platform, the Website and its features, (3) does not the party of any agreements between the Client and the Users. The Client is fully responsible to the Users or any other related person for rental or any other services. For the avoidance of doubt, Yango shall not be liable to the Users or any other person for any loss or damage, costs, expenses, or other claims for consequential compensation whatsoever, that may arise in case of the Client’s poor performance.

 

3. SCOPE OF THE SERVICES

3.1. Yango shall provide the Services by posting information on the Website about the Client's Vehicles available for booking and renting. Providing of the Services is available only under the following conditions:

3.1.1. The Vehicles shall be connected to the Platform.

3.1.2. The Client shall complete precise and truthful information via the Platform about the available dates for the booking of the Vehicles and the dates when the Vehicles are rented via the Website.

3.1.3. The Client shall also provide the technical characteristics of the Vehicle (such as brand and model, car number, color, manufacturer, type of transmission, body type, year of production, type of drive, number of seats and doors, engine capacity, number of horsepower, acceleration to 100 km/h, maximum speed) and the rental cost to be posted on the Website.

3.1.4. The Client shall provide the Vehicles for rent at the price indicated on the Website.

3.2. The User intended to rent a Vehicle from the Client sends a request to the Client via the Website. Requests can be sent only with the Personal Data. Then the Client shall contact the User independently (without Yango’s participation) and confirm or cancel the reservation of the Vehicle to the User.

3.3. The Client agrees and acknowledges that Yango does not act as a provider of any payment services hereunder, the Platform and the Website does not represent or is not related to a billing or payment system; as well as any information related to payments and prices that may be available in the Platform and the Website is provided for informational purposes only.

3.4. The Parties expressly agreed and confirm that for all purposes of this Agreement, including without limitation the calculation of the Cost of the Services (Clause 4.1), they will use the Statistical Data available via the Partner Web Interface.

3.5. The Client agrees and acknowledges that Yango may display notices and disclaimers in the Partner Web Interface and the Website as required by the Country Law.

 

4. PAYMENTS

4.1. The Client shall pay to Yango the Cost of the Services as prescribed in this Clause. The Cost of the Services shall be calculated as follows:

С = P*M, where

С means the Сost of the Services within the Reporting Period in AED;

P means the parameter defined in the Service Order.

M means the total cost of the Client’s services provided to the Users for all Vehicles within the Reporting Period determined based on the Statistical data (including all of the additional services related to the Vehicles) in AED, including VAT.

If the User cancels the reservation before it is confirmed by the Client, the Cost of the Services will not be charged by Yango.

If, for some reason, the User rented the Vehicle different from the one for which the request via the Website was sent (regardless of whether this Vehicle is connected to the Platform or not), the Cost of the Services in relation to such rent shall be paid by the Client to Yango.

4.2. Each Party to the Agreement shall be liable for calculation and payment of taxes applicable to such Party in accordance with the applicable tax laws in force. The Cost of Services is deemed to include any and all charges, duties and/or other payments to be calculated in accordance with the tax laws of Dubai Emirate, the UAE (as applicable as at the Effective Date or any future date during the term of this Agreement), excluding VAT. VAT shall be added on top of the Cost of Services (if applicable).

4.3. Yango shall monthly, within seven (7) business days from the end of the month, send to the Client, a pro forma invoice for the Services actually rendered during the Reporting Period. A report with the details of the Services rendered in the Reporting Period shall be available on the Partner Web Interface within 3 (three) calendar day from the end of the Reporting Period.

4.4. The Services shall be deemed properly rendered by Yango and accepted by the Client, if within fifteen (15) days from the date of the report and invoice Yango receives from the Client no reasoned written objections. Upon expiration of the above period, no complaints with regard to any defects in the Services, including those related to quantity (volume), cost and quality, shall be accepted.

4.5. Any payment shall be made via a bank transfer (wire transfer) to the account of Yango. The obligation of the Client to pay for the Services shall be considered as properly performed from the moment of receipt of funds to Yango’s bank account.

4.6. The Services shall be deemed paid for by the Client on the date when the entire amount of the relative invoice is credited to Yango's account provided above.

4.7. The currency of payments between the Parties shall be AED.

 

5. INDEMNIFICATION

5.1. The Client hereby indemnifies and agrees to hold harmless Yango and/or its Affiliates from and against any and all claims, demands, and actions, and any liabilities, damages, or expenses resulting there from, including court costs and reasonable attorney fees, arising out of or relating to the Client’s dealings, both personal and with other companies; and the services performed by the Client hereunder or any breach of the warranties made by the Client pursuant to clause 6 hereof. The Client agrees to give Yango prompt notice of any such claim, demand, or action and shall, to the extent Yango is not adversely affected, cooperate fully with Yango in defense and settlement thereof.

 

6. WARRANTIES

6.1. The Client hereby guarantees and warrants that:

6.1.1. The Client's performance of the services to the Users hereunder does not and shall not violate any applicable law, rule, or regulation; any contracts with third parties; or any third-party rights in any patent, trademark, copyright, trade secret, or similar right.

6.1.2. All Yango’s and its Affiliates’ data and information in the Client's possession or accessible by the Client are and shall remain the property of Yango and its Affiliates. Yango’s and its Affiliates’ data and information shall not be: (i) used by the Client other than in connection with the Services; (ii) disclosed, sold, assigned, leased, or otherwise provided to third parties by the Client.

6.1.3. The Client shall establish and maintain safeguards against the destruction, loss, alteration, or unauthorized disclosure of Yango and its Affiliates data and information in the Client's possession in accordance with the Client’s security standards as notified by Yango from time to time, including use of secure passwords and login IDs.

6.1.4. All information provided by the Client to Yango for publication on the Platform is, and will at all times remain, precise and truthful. Yango has the right to carry out any checks and audits against the Client to make sure that the obligation is fulfilled.

6.1.5. The Client confirms that he has received all the necessary permits and licenses to provide the car rental services to Users under the Country Law. Yango has the right to carry out any checks and audits against the Client to make sure that the obligation is fulfilled.

6.1.6. At all times the quality of the services rendered by the Client to the Users satisfies their requests, the Agreement, and the Law (including RTA standards and requirements).

6.2. The Client warrants that the Client and/or its legal representative has the requisite, as the case may be, corporate power and authority to enter into this Agreement and perform its obligations hereunder.

 

7. FORCE MAJEURE

7.1 Subject to the remaining provisions in this article 7, neither Party (nor any other member of their respective holding group) shall be responsible, nor deemed to be in default under this Agreement, for any failure or delay in performance under the Agreement due to a Force Majeure Event.

7.2 The Party affected by a failure or delay in performance due to a Force Majeure Event shall:

7.2.1. promptly after the occurrence of a Force Majeure Event, notify the other Party in a written form of such failure or delay and the nature and extent of such Force Majeure Event providing reasonable evidence thereof, including, if applicable, a certification from a relevant Governmental Authority;

7.2.2. use its best efforts to remedy or remove the cause of the failure or delay and minimize its effect as quickly as possible; and

7.2.3. promptly after the end of a Force Majeure Event, notify the other Party in a written form that the Force Majeure Event has ceased.

7.3 Each Party shall continue the performance of all other obligations under this Agreement that are not affected by the Force Majeure Event.

7.4 In the event of a Force Majeure Event affecting the ability of the Party to perform its obligations hereunder the time for performing of such Party’s obligation shall be extended until such time as the Force Majeure Event ceases (the period between the date when the Force Majeure Event occurs and the date when it ceases being the “Force Majeure Period”) and the due dates for performing such obligations after the Force Majeure Event shall be moved by a period equal to the Force Majeure Period provided that none of the above shall apply if the Force Majeure Period is three (3) calendar days or less.

7.5 In case of an event of Force Majeure Event continues for more than ninety (90) calendar days, the Party not affected may terminate this Agreement by giving fifteen (15) calendar days prior written notice to the affected Party.

 

8. TERM AND TERMINATION

8.1. The Agreement shall commence on the Effective Date and shall remain in full force and effect for the duration of the Service Order, unless terminated early as provided below and in the Service Order.

8.2. Any termination of this Agreement shall not prejudice Yango’s claim for the payment of the Costs of the Services for last Reporting Period.

8.3. Any provision of the Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

8.4. Yango may terminate this Agreement and Service Order immediately in case of violation by the Client of Clause 3.1 and/or Clause 6 of this Agreement. In this case the Agreement will be considered as terminated from the date of Yango’s notification to the Client.

 

9. ANNOUNCEMENTS AND CONFIDENTIALITY

9.1. Save as provided in clause 9.2 hereof, no Party shall, without the written consent of the other Party, disclose to any person, or use or exploit commercially for its own purposes any Confidential Information.

9.2. Subject to clause 9.3 hereof, clause 9.1 of the Agreement does not apply to a disclosure or use of the Confidential Information in the following circumstances:

a. the disclosure or use is required by the applicable laws or required or requested by a competent Governmental Authority;

b. the disclosure or use is required by a rule of a stock exchange or listing authority on which the shares or other securities of the Party or its Affiliate are listed or traded;

c. to the extent that the relevant Confidential Information is in the public domain otherwise than by breach of the Agreement by any Party;

d. the Confidential Information has been disclosed to such Party by a person who is not in breach of any undertaking or duty as to confidentiality whether express or implied;

e. the disclosure or use is required for the purpose of legal proceedings arising out of or in connection with the Agreement;

f. the disclosure is made to a professional adviser of the disclosing Party, in which case the disclosing Party is responsible for ensuring that the professional adviser complies with the terms of this article 8 as if it were a party to the Agreement;

g. the disclosure by Yango is required to react to or otherwise deal with any person’s accusations, claims, publications, requests, and (or) statements including without limitation those related to the Parties and their relations;

9.3. If the Client is required to make a disclosure in the circumstances contemplated by clauses 9.2 (a), 9.2 (b) hereof, it shall, before making such disclosure, to the extent it is permitted to do so by the applicable law and to the extent it is reasonably practicable to do so, notify Yango of such disclosure and consult with Yango and take into account Yango’s requirements as to the timing, content, and manner of making the disclosure (except for disclosure for legal or regulatory reasons where the disclosure is made to a regulatory body only in the ordinary course of its supervisory function).

9.4. If a Party has, whether intentionally, unintentionally, or otherwise, disclosed the Confidential Information in the circumstances when it has not been permitted to do it pursuant to the Agreement, that Party shall pay to the other Party actual damages sustained by that other Party for each instance of such non-permitted disclosure within fifteen (15) Business days upon the receipt of a written notice from the other Party.

9.5. The obligations of the Parties under this article 9 shall be in full force and effect during the term of the Agreement and continue for a period of three (3) years from the date of termination of the Agreement.

9.6. For the avoidance of doubt, no Party may issue a media release, or an announcement or public statement regarding the existence or the subject matter of the Agreement, the details of relations of the Parties, except: (i) with the consent of the other Party; or (ii) as required by applicable law or an applicable stock exchange.

In all such instances, the Party wishing to issue media release or make an announcement or public statement will consult the other Party and seek consent on wording and the timing of such media release or make an announcement or public statement.

 

10. PERSONAL DATA

10.1. The Parties shall process personal data in accordance with the Agreement and the Country Law.

10.2. Processing of the personal data shall be executed in accordance with the law applicable to protection and processing of personal data, the term and conditions of the Agreement, and Parties’ Privacy Policy.

10.3. The functionality of the Platform and the Services available to the Client under the Agreement in performance of Services may include possibility of collecting and storage of the personal data of Users and third persons by the Client. In such cases the Client shall be deemed as the controller in respect of the personal data of such Users and third parties. Further processing shall be done by Yango as processor on behalf of the Client under the Client’s instructions. Whenever the communications between Yango and the Client may contain the information that may be treated as the personal data of Users and third persons, the Client shall keep Yango fully indemnified in respect of the processing of personal data of Users and third persons.

10.4. Purposes of data processing. Yango processes Personal Data the Client provides to Yango in order to conclude the Agreement (including mandatory procedures and requirements as well as due diligence), to fulfil its obligations according to the Agreement and provide certain features of the Platform and the Services. Yango may also process some Personal Data for the purposes compatible with the performance of the Agreement, including: (1) to comply with applicable law, (2) to improve the Platform and the Services, prevent unauthorised use of the Software, (3) to protect data subjects’ vital interests or the vital interests of a third party or (4) for reasons of public interest.

10.5. Duration of data processing. Yango processes Personal Data as long as it is necessary for the purposes specified in the s. 10.4 and, after this period, if such processing is required by applicable law.

10.6. Categories of data subjects. Yango process personal data of the Client’s representatives, employees, contractors, Users and third parties whose personal data the Client provides to Yango by using the Platform and the Services.

10.7. Categories of personal data. Yango processes the following Client's Personal Data (if the Client provides such data via the Platform and the Services): full name, phone number, email. Other categories of Personal Data may be required to use the certain features of the Platform and the Services.

10.8. Data subject rights. The Client is responsible of providing to data subjects the information about the processing of their personal data by Yango for the purposes indicated in this section. The information should also include Yango identity, the categories of Personal Data processed, and the description data subjects rights according to the applicable law. If it is necessary by the applicable law to obtain the informed consent from data subject prior the Client provide Personal Data by using the Platform and the Services, the Client is solely responsible for obtaining such consent and for preventing of sending Personal Data by using the Platform and the Services without such consent in place. The Client shall delete Personal Data when requested by Yango and / or a personal data subject in accordance with applicable law.

10.9. Data sharing. Yango uses the resources, IT-infrastructure, cloud technology of its affiliates and contractors to provide the Platform and the Services to the Client. Yango transfers Personal Data to the mentioned parties using the appropriate safeguards to ensure Personal Data integrity and confidentiality.

10.10. The contact point of Yango indicated in the Platform and the Services can be used for questions and requests about data processing.

10.11. Yango shall hereafter be entitled and under obligation to make decisions about the technical and organisational security measures that are to be applied to create the necessary (and agreed) level of data security, including that Yango may determine independent:

Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and service

Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident

Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing

Measures for user identification and authorisation

Measures for the protection of data during transmission

Measures for the protection of data during storage

Measures for ensuring physical security of locations at which personal data are processed

Measures for ensuring events logging

Measures for ensuring system configuration, including default configuration

Measures for internal IT and IT security governance and management

Measures for certification/assurance of processes and products

Measures for ensuring data minimisation

Measures for ensuring data quality

Measures for ensuring limited data retention

Measures for ensuring accountability

Measures for allowing data portability and ensuring erasure.

10.12. Parties shall not disclose Personal Data to any third party except the cases where: 1) such information is disclosed to the Party’s officers and employees or agents or affiliates, or 2) such disclosure is required by law; or 3) such disclosure is required by the Agreement or necessary to fulfil Parties’ obligations under the Agreement; or 4) the information has already been disclosed or made available in public domain.

 

11. ANTI-BRIBERY AND BUSINESS ETHICS CLAUSE

11.1. The Parties adhere to the applicable anti-corruption laws.

The Parties hereby acknowledge and confirm that they have adopted a policy of zero tolerance to bribery and corruption, envisaging a total ban of any corrupt practices and on any facilitation payments.

The Parties, their Affiliates, employees, as well as intermediaries and representatives directly or indirectly involved in the performance of obligations of the Parties (including agents, commission agents, customs brokers and other third parties) shall not accept, pay, offer to pay and allow (authorize) the payment/acceptance of any funds or transfer of any benefits (including intangible), directly or indirectly, to/from any persons for the purpose of influencing the actions or decisions with the intention to obtain any improper advantage, including bypassing the procedure established by the laws, or pursuing other illegal purposes.

This clause constitutes representations material for the Parties. The Parties rely on these representations when entering this Contract.

Either Party may unilaterally withdraw from the Contract in case the other Party violates the obligations stipulated by this clause, by written notice and without recourse to the courts. The Contract shall be terminated upon ten (10) calendar days from the date of the receipt of such written notice by the Party.

11.2. If a Party suspects that any provisions of the present article have been violated or might be violated, the Party concerned undertakes to immediately notify the other Party of its suspicions in writing.

The Parties agree that they will use the following addresses to report any violation/risk of violation of the present clause:

To notify Yango: https://Yango.alertline.eu

To notify the Client: address indicated in the contract details herein.

 

12. MISCELLANEOUS

12.1. Governing law. The Agreement and any non-contractual obligations arising out of or in connection with the Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to the conflict of law provisions.

12.2. Dispute resolution. Any dispute, difference, controversy or claim arising out of or in connection with this Agreement, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.

12.3. Unenforceable provisions. If any provision or part of the Agreement is void or unenforceable due to the applicable law, it shall be deemed to be deleted and the remaining provisions of the Agreement shall continue in full force and effect. If any invalid, unenforceable, or illegal provision of the Agreement would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum deletion necessary to make it valid, legal, and enforceable. The deemed deletion of any provision shall not affect the remaining provisions of the Agreement which shall continue to have full force and effect.

12.4. Assignment. Unless otherwise expressly provided for in the Agreement, neither Party may at any time assign, transfer, charge, pledge, or deal in any other manner with the Agreement or any of its rights and (or) obligations under it, nor purport to do so, without a prior written permission of the other Party. The Client may at any time assign the Agreement or any of its rights and (or) obligations under it to any Affiliate. Any purported dealing in contravention of this clause shall be void.

12.5. Entire agreement. The Agreement and any other documents referred to therein jointly (i) constitute the entire agreement between the Parties with regard to the subject matter contained therein and (ii) supersede all prior agreements and understandings, both oral and written, between the Parties with respect to the subject matter of these agreements.

12.6. Intellectual Property Rights. For the purposes of this Contract, nothing shall be deemed as a license and/or authorization to use any of Yango’s intellectual property.

12.7. Notices. Any Notice to be given by any Party under, or in connection with, this Agreement shall be in writing in English, and signed by or on behalf of the Party giving it in each case marked for the attention of the relevant representative of the Party to whom it is addressed.

Any notice shall be delivered by hand, via a courier or by e-mail service with receipt notification to the address indicated in the Service Order (with a copy by e-mail as indicated below), unless otherwise is agreed in the Agreement.

A notice given under this Agreement shall be deemed to have been received at the relevant time set out below or, where such time is not within that period, when a Business Day next begin after the relevant time set out below:

a. where the notice is delivered personally, at the time of delivery;

b. where the notice is sent by courier service, seventy-two (72) hours after sending; and

c. where the notice is sent by email, at the time of the transmission (providing the sending Party retains written evidence of the transmission and the sending Party does not receive an “out of office” auto-response or similar).

12.8. Nothing in this Agreement is intended, or shall be deemed, to establish a joint venture or partnership or agency or similar relationship between Yango and the Client. Neither Party to this Agreement shall have any express or implied right or authority to assume or create any obligations on behalf of, or in the name of, the other Party, or to bind the other Party to any contract, agreement or undertaking with any third party.

12.9. Changes. Yango may make any changes to the Agreement which changes shall be binding upon the Parties immediately after they become available for viewing at https://yango.com/legal/yango_termsofuse/#index__yango_drive_agreement_dubai (unless otherwise is prescribed by law). The term ‘change’ includes any change, amendment, supplement, deletion, or replacement however effected. The Counterparty herewith consents to and agrees with such amended Agreement in advance.

12.10. Addresses and Details of the Parties:

12.11.1. Addresses and other details of Yango are specified below:

Yango Drive Trading LLC

Legal form: Limited Liability Company

Location: UAE, Dubai, Al Marrar, Office No.4 block F - 17 Amna Nasser Sallom properties

Registration Number: 1851091

Subject of business activity: Global Positioning Systems (G.P.S) Trading, Electronic Cards Trading, Computer Systems & Communication Equipment Software Trading, Computers & Peripheral Equipment Trading, Mobile Phones & Accessories Trading, Vehicles Tracking Systems Services, Computer & Data Processing Requisites Trading, Using Electronic Media Smart Applications or any other Means of Renting Vehicles, Computer Electric Accessories Trading

Details of Yango bank account shall be provided in the invoice for the relevant Reporting period.

12.11.2. Addresses and other details of the Counterparty have been provided by the Counterparty to Yango via the Service Order.

12.11.3. A Party shall immediately notify the other Party about any changes in its details.

12.12. The Parties agree and acknowledge that when they enter into this Agreement as provided herein they do it voluntarily and having considered all commercial, financial, legal, tax, and other consequences of entering into this Agreement.

Date of publication: 23.11.2023

Previous version: https://yandex.com/legal/yango_termsofuse/08092023