3NDK Tech FZ LLC its registered company in Dubai, under the registration number 98833 United Arab Emirates and its subsidiaries (“3NDK”, “we”, “us” or “our”), and by which expression includes 3NDK’s relevant legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
These terms of service constitute a legally binding agreement (the “Agreement”) between you and your local 3NDK entity.
This Agreement governs your use of the Sanad application, website, call centre and technology App (collectively, the “Sanad App”). Generally, the right to operate the Sanad App is licensed by 3NDK Tech FZ LLC to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the Sanad App in your jurisdiction. We operate the App and the website in compliance to all the relevant laws and regulations of UAE.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE Sanad APP. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Sanad APP. BY USING Sanad APP, YOU AUTHOMACLY ACCEPT ALL THE TERMS AND CONDITIONS HEREIN STATED AND ALL THE CONSEQUENTIAL LIABILITIES.
Your access and use of the Sanad App constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Sanad. Sanad may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Sanad App or any portion thereof, at any time for any reason without notice. In case Sanad decides to terminate this Agreement, you don’t have any rights to claim penalties and address liabilities towards Sanad.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, 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.
Sanad may amend this Agreement from time to time. Amendments will be effective upon Sanad’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 Sanad App after such posting constitutes your consent to be bound by this Agreement, as amended. Sanad doesn’t have any liabilities in case you will not keep yourself updated and aware about the changes occurred, once Sanad duly advertises them.
The Sanad App provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services, the delivery of goods, products, medicines, restaurant meals, e-payment services, and/or logistics services, such as roadside assistance, vehicle recovery and moving (“Services”) can be matched with persons, including drivers (“Captains”) or third party companies (“Merchant Partners”) who can provide the Services. Each User shall create a User account that enables access to the Sanad App. 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 Captain or other third party provider to a User shall constitute a separate agreement between the Users and the Captains/Third Party provider.
With respect to restaurant meals, Sanad is a business where the food is prepared and provided by independent restaurants (our " Restaurant Partners") and delivered by Captains. Sanad doesn’t assume any responsibilities and consequent liabilities about the food quality, food packaging and overall food conditions in which it will be delivered.
With respect to services which you can order through the Sanad App but which are provided by Merchant Partners, these services are prepared, undertaken and provided by the relevant independent Merchant Partner.
With respect to Movers services which you requested through the Sanad App but which are provided by Merchant Partners, these goods or services are taking care, undertaken and provided by the relevant independent Merchant Partner.
If any misconducts will occur from the Merchant Partners or any other Third Party Provider, Sanad doesn’t have any liabilities on the matter, once it’s not our responsibility and duty assess the behaviour of our Merchant Partner, who basically is a customer like a User is.
Materials posted on the Sanad App 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 Sanad App, or by anyone who may be informed of any of its contents.
We aim to update the Sanad App regularly and may change the content at any time. If the need arises, we may suspend access to the Sanad App and the Services or close them indefinitely. Any of the material on the Sanad App 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 Sanad NOR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Sanad OR ANY OF ITS AFFILIATES, AND FOR WHOM Sanad DOESN’T HAVE ANY MONITORING RESPONSABILITIES AND CONSEQUENTIALLY ANY LIABILITIES.
Subject to your compliance with this Agreement, Sanad grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Sanad App on your personal device solely in connection with your use of the Sanad App; and (ii) access and use any content, information and related materials that may be made available through the Sanad App, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Sanad and Sanad’s licensors.
The Sanad App may be made available or accessed in connection with third party services and content (including advertising). Sanad does not endorse such third party services and content and you agree that, in no event, will Sanad 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 Sanad App 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 Sanad App in any manner. Your access to the Sanad App using these services or applications is subject to terms set forth in the applicable third party beneficiary’s terms of service.
When purchasing goods or services provided by a Merchant Partner, you agree and understand that you are doing so subject to the relevant Merchant Partner’s terms and conditions and at your own risk. You agree that Sanad will not be liable for: (i) any act or omission of a Merchant Partner and/or (ii) any damage or loss that arises in connection with the ordering, purchase and/or provision of a Merchant Partner’s goods or service.
You further understand that to enable a Merchant Partner to provide you with relevant goods or services, Sanad may be required to share personal information in the manner described in Sanad’s Privacy Notice.
The Sanad App and all rights therein are and shall remain Sanad’s property or the property of Sanad’s licensors. Neither this Agreement nor your use of the Sanad App convey or grant to you any rights: (i) in or related to the Sanad App except for the limited license granted above; or (ii) to use or reference in any manner Sanad’s company names, logos, product and service names, trademarks or services marks or those of Sanad’s licensors.
You acknowledge that portions of the Services may be made available under Sanad’s various request options, including transportation request brands, the logistic 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 transportation network company drivers or holders of similar transportation permits, authorizations or licenses. It is at Sanad’s discretion which brands or request options are made available to you.
In order to use most aspects of the Sanad App, 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 Sanad certain personal information, such as your name, address, mobile phone number, gender and age. 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 Sanad App, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Sanad’s termination of this Agreement with you. Sanad doesn’t have any liabilities in case a User or Third Party Provider use false or inaccurate information.
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 Sanad App.
Unless otherwise permitted by Sanad in writing, you may only possess one Account.
The Sanad App 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 transportation services from Captains unless they are accompanied by you or another adult. It is your sole responsibility to wear helmets at all times while riding the micro-mobility product. The micro-mobility product can be reserved by you for minors provided they are over 15 years of age and are permitted to use the product in the intended way under applicable laws in your jurisdiction. You are responsible for ensuring that the minor wears a helmet at all times and that they perform safety-checks on the micro-mobility product prior to use. You must educate the minor on the laws that apply to them in their use of the product and must supervise their use at all times. You are solely and exclusively responsible for the activity of minors that you make a reservation for and their use of the micro-mobility products.
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 Sanad App, and you may only use the Sanad App for lawful purposes. You shall not, for the avoidance of doubt, use the Sanad App to transport, facilitate or procure the transport of illegal or banned substances or items. You will not, in your use of the Sanad App, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captain, Logistics Partner, 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 Sanad App, and you agree that you may be denied access to or use of the Sanad App if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 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 Sanad App (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.
Sanad, 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 Sanad. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Sanad reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Sanad 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 Sanad; (iii) may be disabled by Sanad at any time for any reason without liability to Sanad; (iv) may only be used pursuant to the specific terms that Sanad establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Sanad may establish additional terms relating to specific promotions. Sanad 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 Sanad 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, Sanad may provide you with or allow you to create a “Sanad 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 Captains (“Referred Captains”). Sanad Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Sanad Code. You are prohibited from advertising Sanad Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital App or website owned or controlled by you or any other person. Sanad reserves the right to deactivate or invalidate any Sanad Code at any time in Sanad’s sole discretion.
As part of your User account, Sanad may provide you with access to features in the Sanad application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“Sanad Credit”); (iii) transfer Sanad Credit to or receive Sanad Credit from other Users, against payment of any applicable Sanad Fees and subject to any limits on the number of transfers or the amount of Sanad Credit you can send and/or receive, which Fees and limits may be modified by Sanad from time to time.
You may be entitled to purchase bundles of Sanad Credit (“Sanad Bundles”) or you may receive trip promotions ("Trip Promotions") or service promotions (“Service Promotions”) that you can apply toward payment of certain services provided by Sanad or fees charged by Sanad in relation to the Services.
Sanad Bundles, Sanad Credits, Trip Promotions and Service Promotions are only valid for use on the Sanad App, and are not transferable or redeemable for cash and may only be used for certain Services. Sanad Bundles, Trip Promotions and Service Promotions 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 trip.
Additional restrictions on Sanad Bundles, Sanad Credits, Trip Promotions and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. Sanad may cancel, or vary the terms, relating to any Sanad Bundles, Sanad Credits, Trip Promotions or Service Promotions at any time in its sole discretion.
From time to time, Sanad may offer you incentives to refer new Users to the Sanad community (the “Referral Program”). These incentives may come in the form of Sanad Credits, Trip Promotions and/or Service Promotions, and Sanad may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
You agree that, in relation to the above-mentioned cash transfer feature, Sanad is acting only as a facilitator of social payments, is not responsible for the actions of individual Users (including the reasons for transfer of funds) and that Sanad does not operate a deposit-taking business in any manner. You agree to indemnify and hold Sanad, 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 any improper or illegal use of the Sanad Wallet or Cash Transfer product and/or any breach of these terms and conditions.
As a User, you agree to pay any amounts charged by Captains for providing Services to you (“Charges”). Before you have received Services from a Captain, and if you are making payment through the Sanad App rather than in cash, Sanad will accept payment of the applicable Charges on behalf of the Captain as such Captain’s limited payment collection agent. Payment of the Charges in the above manner shall in all cases be considered the same as payment made directly by you to the Captain. Charges will be inclusive of applicable taxes where required by law, including any applicable VAT and/or sales tax. Charges paid by you are final and non-refundable, unless otherwise determined by Sanad or the relevant Captain. You retain the right to request lower Charges from a Captain for Services received by you from such Captain at the time you receive such Services (but not after the Service is underway or completed), this will be subject to acceptance by such a Captain. Sanad will respond accordingly to any request from a Captain to modify the Charges for a particular Service. All Charges are due immediately and payment will be facilitated by Sanad using the preferred payment method designated in your Account, after which you may be sent a payment receipt on behalf of a Captain by email (which is not equivalent to a tax invoice). If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Sanad may, as the Captain’s limited payment collection agent, use a secondary payment method in your Account, if available. You acknowledge and agree that Charges may be varied or revised at any time without your consent and that in certain geographical areas Charges may increase substantially during times of high demand. Sanad will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges, as applicable.
As a User, you agree to pay any amounts charged by Sanad (the “Sanad Fee”) (if applicable in your jurisdiction) and amounts charged by Captains or other independent third party provider for providing Services to you (“Charges”).
As between you and Sanad, Sanad reserves the right to establish, remove and/or revise Sanad Fees at any time in Sanad’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and Sanad Fees applicable in certain geographical areas may increase substantially during times of high demand. Sanad will use reasonable efforts to inform you of Charges and Sanad Fees that may apply, provided that you will be responsible for Charges and Sanad Fees incurred under your Account regardless of your awareness of such Charges or Sanad Fees, as applicable, or the amounts thereof.
You shall be responsible for the cost of for damage to, or necessary cleaning of, Captain Vehicles and property resulting from use of the Sanad App under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captain reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Sanad in Sanad’s reasonable discretion, Sanad reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Captain using any of your payment methods. Such amounts will be transferred by Sanad to the applicable Captain and are non-refundable.
3NDK users, Service Providers as well consumers, are eligible for refund in case of cancellation of the services requested.
In case the Service Provider will cancel the service booked by the Consumer, the service provider shall promptly communicate the Consumer the cancellation of services and in case reschedule it, upon Consumer acceptance. In case of cancellation occurs from the Service Provider, the Consumer is not required to pay for the service
In case the Consumer will cancel the service booked, if the Consumer cancelled after the confirmation of the booked service and when already paired with a Service Provider the Consumer is eligible to receive 20% only refund of the booked service. If the Consumer cancels before be paired with a Service Provider, no liabilities on the consumer. The refund, will occur through the same payment system used for booking, and it might take up to 5 working days to be accredited back.
With respect to your use of the Sanad App 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) ride micro-mobility product without wearing helmet (iv) violate any law, statute, rule, permit, ordinance or regulation (v) interfere with or disrupt the Services or the Sanad App or the servers or networks connected to the Sanad App (vi) post information or interact on the Sanad App or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libellous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vii) use narcotics or alcohol (viii) use the Sanad App 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 (ix) 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 (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sanad App (xi) “frame” or “mirror” any part of the Sanad App, 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 (xii) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Sanad App or any software used on or for the Sanad App (xiii) rent, lease, lend, sell, redistribute, license or sublicense the Sanad App or access to any portion of the Sanad App (xiv) 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 Sanad App or its contents (xv) link directly or indirectly to any other web sites (xvi) transfer or sell your User account, password and/or identification to any other party (xvii) 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 (xviii) 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.
THE Sanad APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Sanad 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, Sanad MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE Sanad APP, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE Sanad APP, OR THAT THE Sanad APP WILL BE UNINTERRUPTED OR ERROR-FREE. Sanad AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CAPTAINS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE Sanad APP AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Sanad and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Captain, logistics 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, Captains or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, such as the damage or the loss of private belongings including but not limited to damage or loss caused by: (i) theft or snatching (ii) because the belongings are left a vehicle or left unattended; or (iii) Merchant Partners (or their authorised personnel) when providing a service or a product which you have requested through the Sanad App. You are advised not to keep your personal belongings unattended, including when you request a Merchant Partner to provide services in your household or other premises.
By using the Sanad App and participating in the Services, you agree to accept such risks and agree that Sanad is not responsible for the acts or omissions of Users, Captains, logistics Partners, Merchant Partners, mobile operators, or any other third party.
You acknowledge that Sanad 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 Sanad is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
Sanad 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 Sanad App 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 Sanad, 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 Sanad App. Any of your information, including geolocational data, you upload, provide, or post on the Sanad App may be accessible to Sanad, selected partners and relevant Captains.
Where medicines are delivered to you as part of the Services provided through the Sanad App you hereby acknowledge and accept that, who are not affiliated with Sanad and who are independently using delivery service via the Sanad App. You accept the risk associated with purchase of such goods, including but not limited to any harmful side effects caused by consumption of any such products.
Sanad cannot confirm the accuracy of the description nor quality of the product supplied by such independent third-party goods providers. You are requested to consult with your medical practitioner before making any such purchase and/or consuming any medication. Sanad does not guarantee the genuineness of any medical claims including but not limited to date of expiry as claimed by the third-party goods provider distributing any medication via the Sanad App. All products made available via the Sanad App are delivered by independent third-party goods service providers, Sanad is neither the manufacturer nor the distributor of any goods delivered via the Sanad App.
Sanad disclaims responsibility for any harm to persons resulting from any instructions or product descriptions referred to in the Sanad App. Sanad is not associated with any manufacturer of medicines or other products on the Sanad App. We do not warrant that the products being supplied will meet your requirements.
It is imperative to seek professional advice from your physician before purchasing or consuming any medicine in order to be completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines you may order using the Sanad App.
Sanad 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 Sanad APP OR SERVICES, EVEN IF Sanad HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Sanad 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 Sanad APP OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE Sanad APP OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF Sanad OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Sanad 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 CAPTAINS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL Sanad’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE Sanad APP, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE Sanad APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINS BUT YOU AGREE THAT Sanad, ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY CAPTAINS 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.
You agree to indemnify and hold Sanad, its Affiliates, Logistics Partners, Merchant Partners 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 Sanad App and the Services or services or goods obtained through your use of the Sanad App; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captains.
Unless otherwise specified, Sanad 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”). Sanad 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, Sanad reserves the right to offer an alternative prize of equal or greater value if circumstances beyond Sanad’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 Sanad’s communication within the communicated timeframe, Sanad reserves the right to offer the prize to the next eligible Entrant. Sanad will not be liable if the Prize does not reach the Competition Winner for reasons beyond Sanad’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither Sanad 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 Sanad’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL Sanad’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.
Sanad 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 Sanad shall have the sole discretion to decide finally on any such matter. Sanad’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
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 Sanad App or Services (collectively, "Disputes") will be settled by Online, Smart and Virtual Mediation services provided by DUBAI CHAMBER. In case of the mediation process will not end up in settlement among the parties, Dubai Court shall have the exclusive jurisdiction.
This Agreement is governed by and construed in accordance with the laws of the jurisdiction of the Dubai /United Arab Emirates, 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 should be sent to Sanad at [email protected] .
Sanad may give notice by means of a general notice on the Sanad App, 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 Sanad by written communication to Sanad's email address at [email protected] .
You may not assign or transfer your rights under this Agreement in whole or in part without Sanad’s prior written approval. You give your approval to Sanad 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 Sanad’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Sanad or any Captain as a result of the contract between you and Sanad or use of the Sanad App.
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.