APPLICATION PRIVACY AND POLICY
1: INTRODUCTION
Believing in the importance of data and confidentiality, and keen by the “CARWA CITY COMPANY TO DIRECT TAXI VEHICLES” company to provide the best services while maintaining the confidentiality and privacy of the Users’ data. The Application administration is committed to maintaining confidentiality and privacy of user information and materials entered by them as a basis for the privacy policy. The Application Administration will not disclose that information except under specific controls stipulated in this policy and under the legal provisions issued in this regard.
2: USER INFORMATION
User Data and Information indicates all User’s Data contained in the Application, including:
1. Personal data used for registration.
2. The user’s geographical location data and movements.
3. Contact information and usage-related updates.
4. Other information entered by the user, such as ride requests, notifications, and questionnaire answers.
3: GENERAL TERMS AND CONDITIONS
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Carwa City Taxi app - technology which connects passengers with drivers to help them move around cities more efficiently.
The term “us” or “we” refers to “Carwa City Company to Direct Taxi Vehicles”, a private limited company incorporated and registered under the Saudi Ministry of Commerce with registration code 1010852284, registered office 5110 Imam Ahmad bin Hanbal Street, Riyadh Saudi Arabia.
3.1 Using the Carwa City Taxi app
3.1.1 Carwa City Taxi provides an information society service through Carwa City Taxi app that enables mediation of the requests for transport services between the passengers and drivers and Carwa City Taxi does not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Carwa City Taxi is not responsible in any way for the fulfilment of the contract entered into between the passenger (you) and the driver. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in the Carwa City Taxi app and receipts for journeys are sent to the email address listed in passenger’s profile.
3.1.2 The passenger (you) enters into a contract with the driver for the provision of transport services via the Carwa City Taxi app. Depending on the payment options supported for given location of the journey, you can choose whether to pay the driver for the transport service in cash or use Carwa City Taxi in-App Payment. Payments for Carwa City Taxi Business rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. If you wish, you may also choose to pay a Tip to the driver directly or via the use of Carwa City Taxi in-App Payment. We may limit the maximum value of a Tip at our sole discretion.
3.1.3 During the installation of Carwa City Taxi app, passenger’s mobile number is linked to the respective Carwa City Taxi user account and added to our database. If you are no longer using your mobile number, you must notify Carwa City Taxi within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who when using the Carwa City Taxi app then may have access to your data.
3.2 Carwa City Taxi in-App Payment
3.2.1 Depending on the payment options supported for the given location of the journey, You can pay for the transport services with a card, mobile carrier billing or other payment methods as and when available through Carwa City Taxi App. By providing Carwa City Taxi in-App Payment service, Carwa City Taxi acts as commercial agent for the providers of the transport services. Every driver has authorized Carwa City Taxi as their commercial agent for the mediation of conclusion of contracts between the driver and the passenger, including the power to accept payments from the passengers and to forward the payments to the driver. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to Carwa City Taxis’ bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
3.2.2 When making payments by Carwa City Taxi in-App Payment, Carwa City Taxi receives your payments and forwards money to the driver. Carwa City Taxi may ask additional data from you to verify payment method.
3.2.3 When making payments by Carwa City Taxi in-App Payment for transport services, Carwa City Taxi is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Carwa City Taxi in-App Payment. Carwa City Taxi is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
3.2.4 Carwa City Taxi will be responsible for the functioning of Carwa City Taxi in-App Payment and provide support in resolving problems. The resolution of disputes related to Carwa City Taxi in-App Payment also takes place through us. For payment support service please contact: admin@carwataxi.com . Inquiries submitted by e-mail or Carwa City Taxi App will receive a response within two business days. Carwa City Taxi will resolve Carwa City Taxi in-App Payment related complaints and applications within five business days.
3.3 Ordering and cancelling transport services
3.3.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.
3.3.2 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. Carwa City Taxi does not provide journeys and is not a party to your agreement with the relevant driver.
3.3.3 Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are required to pay a cancellation fee.
3.3.4 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g 6 months). After that period, you could ask to reactivate your account and your application will be reviewed by Carwa City Taxi.
3.3.5 When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within certain time period as specified in the Carwa City Taxi app, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that Carwa City Taxi is not responsible for such situations.
3.3.6 Once the driver arrives and sends you a notification that he/she has arrived the Carwa City Taxi app may begin charging fare on a waiting time basis according to the rates specified in the Carwa City Taxi app.
3.4. License to use Carwa City Taxi app
3.4.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the Carwa City Taxi app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the Carwa City Taxi app. In the event that your right to use Carwa City Taxi app is cancelled, the corresponding non-exclusive license will also be cancelled.
3.5. Liability
3.5.1 As the Carwa City Taxi app is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of Carwa City Taxi app for requesting transport services depends on the behavior of the drivers, Carwa City Taxi does not guarantee that you will always have offers available for the provision of the transport services.
3.5.2 The Carwa City Taxi app is provided on an "as is" and “as available” basis. Carwa City Taxi does not represent, warrant or guarantee that access to Carwa City Taxi app will be uninterrupted or error free. In case of any faults in the software, we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
3.5.3 Carwa City Taxi, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Carwa City Taxi app or relying on, the journey contracted for through the Carwa City Taxi app, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit;
- loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
- loss or inaccuracy of data; and
- any other type of loss or damage.
3.5.4 Carwa City Taxi will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
3.5.5 Carwa City Taxi may immediately end your use of the Carwa City Taxi app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Carwa City Taxi or the safety of drivers.
3.6 Good practice using the Carwa City Taxi app
3.6.1 As Carwa City Taxi is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
3.6.2 We ask to fill out a feedback form in the Carwa City Taxi app. This enables us to offer suggestions to the drivers for improving the quality of their service.
3.6.3 We expect that you use Carwa City Taxi app in good faith and be respectful of the drivers who offer their services through Carwa City Taxi app. Carwa City Taxi retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your Carwa City Taxi app account may be revoked without prior notice.
3.6.4 Carwa City Taxi will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the Carwa City Taxi app. However, we are in no position to guarantee that every provider of transport services, located by the Carwa City Taxi app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
3.7. Amendments to the General Terms and Conditions
3.7.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Carwa City Taxi app notifications. If you continue using Carwa City Taxi app, you will be deemed to accept the amendments.
3.8. Final Provisions
The General Terms and Conditions will be governed by and construed and enforced in accordance with Saudi commercial law. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved by respective Saudi Judicial Authority.
Date of entry into force: 10.08.2023