Welcome to Wayno Delivery Services! By continuing to browse and use our app or website, you agree to comply with and be bound by these Terms and Conditions (the “Terms”), which, along with our Privacy Policy, govern the relationship between Wayno Delivery Services L.L.C O.P.C and you in relation to this app/website and the Services provided herein.
In the event of any conflict between these Terms and the provisions of any other agreement between the parties, these Terms shall prevail.
DEFINITIONS
The following definitions apply to these Terms:
USER AGREEMENT
This agreement applies to all users accessing the Wayno Delivery Services Platform, whether as visitors or registered users (free or paid). Users may utilize the Platform for personal or internal purposes only.
PLATFORM USER TERMS
These Platform User Terms apply to all users accessing Wayno Delivery Services for any purpose. Wayno Delivery Services may modify these Terms from time to time, with or without prior notice. Changes will take effect immediately upon posting on the Platform. If you do not agree with the revised Terms, please cease using the Platform. Continued use indicates acceptance of the updated Terms.
INTELLECTUAL PROPERTY RIGHTS
Wayno Delivery Services is the sole owner or authorized licensee of all rights related to the Platform and its content, including but not limited to design, layout, text, images, and videos. All content on the Platform is protected by copyright and other laws. Ownership and intellectual property rights remain with Wayno Delivery Services or its licensors.
All rights not expressly granted under these Terms are reserved. The information provided on the Platform is intended solely for general informational purposes. Users assume full responsibility for its use. Wayno Delivery Services does not guarantee the accuracy or reliability of any information or advertisements on the Platform.
Disclaimer of Liability
Wayno Delivery Services accepts no responsibility for any errors or omissions, or for the results obtained from the use of information displayed or obtained by users as a result of advertisements or other materials in connection with the Services. All information on this Platform is provided "AS IS" without any guarantee of completeness, accuracy, suitability, availability, timeliness, or the results obtained from using this information. There are no warranties of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose. Users are encouraged to conduct independent investigations and exercise sound technical and business judgment. In no event shall Wayno Delivery Services be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Services. Users acknowledge that any reliance upon any content shall be at their own risk.
Wayno Delivery Services reserves the right, at its sole discretion and without obligation, to make improvements or correct any errors or omissions in any part of the Platform.
All related icons and logos are registered trademarks or service marks of Wayno Delivery Services in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary rights laws. Unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
All content on this Platform is the copyright of Wayno Delivery Services, except for third-party content or links to third-party websites. Systematic retrieval of Wayno Delivery Services content from the Platform to create or compile a collection, database, or directory (whether through automated or manual processes) without written permission from Wayno Delivery Services is prohibited.
Using any Platform content for purposes not expressly permitted in this Agreement is also prohibited and may result in legal action. As a condition of accessing and using the Platform, users agree not to infringe the intellectual property rights of others in any way. Wayno Delivery Services reserves the right to terminate the account of any user found to be infringing the rights of others or whose conduct is deemed harmful to the interests of Wayno Delivery Services, its affiliates, or other users, for any reason and without notice.
Users shall indemnify Wayno Delivery Services for any losses or expenses incurred due to any infringement of intellectual property rights owned by Wayno Delivery Services, without prejudice to Wayno Delivery Services's right to pursue legal action against users.
Links to Third-Party Sites
Links to third-party sites are provided on the Platform for user convenience. Wayno Delivery Services has no control over these sites, including the content and resources provided by them. Users are encouraged to read the terms and conditions and privacy policies of such sites before using them. Users acknowledge that Wayno Delivery Services does not monitor these third-party sites and shall not be responsible or liable for any content, products, or services available on such sites. Users should review Wayno Delivery Services's Privacy Policy and abide by it when interacting with Wayno Delivery Services regarding any information and data.
Termination
While most content and features on the Platform are available to users free of charge, Wayno Delivery Services reserves the right to terminate access to certain areas or features of the Platform at any time, for any reason, with or without notice. Wayno Delivery Services may deny access to specific users without prior notice or explanation to protect the interests of Wayno Delivery Services and/or other users.
Terms & Conditions for Use of Our Service
The Customer shall pay the fare (as agreed), parking charges, additional night surcharges (where applicable), and any fees or levies required by Applicable Law for using the Services.
The Customer agrees that the Services are provided by the Service Provider at their sole risk and acknowledges that Wayno Delivery Services disclaims all representations and warranties of any kind, whether express or implied.
The Customer shall ensure they do not engage in the following activities while using the service:
The Customer agrees to indemnify Wayno Delivery Services for any liabilities, losses, charges, and expenses (including legal fees) that Wayno Delivery Services may incur due to the Customer's use of the Services and shall pay such sums on demand.
Location-Based Information
Wayno Delivery Services is authorized to use location-based information provided by any telecommunication company when the Customer uses a mobile phone to book a vehicle. This information will be used solely to facilitate and improve the chances of locating a mini-truck for the Customer.
The Customer agrees that Wayno Delivery Services may disclose their particulars to companies within its group or any government body as required by Applicable Law or by directive from any government authority, as deemed necessary by Wayno Delivery Services to carry out the Services.
Wayno Delivery Services reserves the right to terminate any vehicle booking by the Customer at any time, without providing a reason.
In the event of items lost during transit, Wayno Delivery Services will make reasonable efforts to locate the items but shall not be responsible for any loss, damage, theft, or misappropriation of items in transit. Wayno Delivery Services aggregates Service Providers to fulfill Customer requests for Services. In case of lost items, Customers shall not withhold payment owed to Wayno Delivery Services. Furthermore, if any payments from the Customer to Wayno Delivery Services are overdue as per the respective invoice or statement, Wayno Delivery Services reserves the right, in accordance with Applicable Law, to exercise a lien over the Consignment until full payment is received. Customers will also indemnify Wayno Delivery Services against any loss, damage, or expenses incurred due to Wayno Delivery Services's custody of the Consignment during this period.
Customers agree to inform Wayno Delivery Services of any complaints regarding the Services or vehicle use in writing within twenty-four (24) hours of the incident giving rise to the complaint.
Wayno Delivery Services is not liable for the conduct of the drivers providing the Services. However, Customers are encouraged to notify Wayno Delivery Services of any complaints they may have regarding a driver.
Wayno Delivery Services has the right to add, vary, or amend any of these Terms at any time, and Customers will be bound by such changes once incorporated into the Terms on Wayno Delivery Services's Platform.
All calls made to Wayno Delivery Services's call center are recorded for quality and training purposes. If a Customer places a query on the Platform regarding Services, applicable fees, or Terms and Conditions, they consent to receive responses, including marketing and commercial information, by telephone or electronic mail. Such information does not qualify as unsolicited commercial communication.
In case a road toll charge is imposed for the Services provided, both the outward and return toll fares for Salik and Darb will be charged.
Two-Wheeler Deliveries
The User agrees to the terms and conditions for two-wheeler deliveries, available on the Platform.
Confidentiality
Customers must not disclose any information received from Wayno Delivery Services to any third party. Access to information pertaining to Wayno Delivery Services’s business must be kept confidential to avoid adversely impacting Wayno Delivery Services’s business. Customers shall indemnify Wayno Delivery Services against any loss of business or reputation resulting from any breach of this confidentiality obligation.
Disclaimer
All vehicles registered with Wayno Delivery Services are constantly tracked for business and security purposes. It is explicitly stated that Wayno Delivery Services does not own any vehicles nor directly employ any drivers. Vehicles and drivers are supplied maybe by third parties, and Wayno Delivery Services disclaims any liability regarding the drivers and vehicles.
The Customer agrees that Wayno Delivery Services has the right to use their contact information for marketing purposes and may send regular SMS updates to the registered mobile numbers.
Your Acceptance of Our Terms and Conditions
By providing a Consignment to the Service Provider, Users and/or Customers accept these Terms and/or the contract of Carriage and/or the contract for the performance of other services on behalf of themselves or anyone else with an interest in the Consignment. These Terms also apply to anyone Wayno Delivery Services uses or sub-contracts to collect, transport, deliver the Consignment, or perform other services, including Wayno Delivery Services's employees, directors, and agents. Only authorized officers of Wayno Delivery Services may agree to any written variation of these Terms. If the Customer provides oral or written instructions that conflict with Wayno Delivery Services’s Terms, Wayno Delivery Services shall not be bound by such conflicting instructions.
YOUR OBLIGATIONS
REJECTED CONSIGNMENTS
If the Receiver refuses to accept delivery, Wayno Delivery Services will attempt to contact the Customer to agree on the next steps, if appropriate. The Customer agrees to pay Wayno Delivery Services any costs incurred in forwarding, disposing of, or returning the Consignment, as well as any charges for the agreed next steps.
If the Customer terminates the Agreement with Wayno Delivery Services regarding any Consignment, they shall be liable to pay Wayno Delivery Services all fees and expenses incurred concerning that Consignment.
CLAIMS BROUGHT BY THIRD PARTIES
The Customer undertakes not to permit any other person with an interest in the Consignment to bring a claim or action against Wayno Delivery Services arising out of the Carriage, even if Wayno Delivery Services may have been negligent or in default. If a claim or action is made, the Customer will indemnify Wayno Delivery Services against the consequences of the claim or action and cover the costs and expenses Wayno Delivery Services incurs in defending it.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Abu Dhabi. The Courts of Abu Dhabi shall have exclusive jurisdiction over any disputes, differences, or claims arising out of or in connection with these Terms or any Services provided by Wayno Delivery Services pursuant to these Terms.
DISCLAIMER
The information contained on this Platform is for general information purposes only. The information is provided by Wayno Delivery Services, and while Wayno Delivery Services endeavors to keep the information up to date and correct, Wayno Delivery Services makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose. Any reliance the Customer places on such information is strictly at the Customer's own risk.
In no event will Wayno Delivery Services be liable for any loss or damage, including without limitation indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits in connection with the use of this Platform.
Through this Platform, Customers are able to link to other websites that are not under the control of Wayno Delivery Services. Wayno Delivery Services has no control over the nature, content, and availability of those sites. The inclusion of any links does not imply a recommendation or endorsement of the views expressed within them.
Every effort is made to keep the portal running smoothly. However, Wayno Delivery Services provides no assurance and takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond Wayno Delivery Services’s control.
The Customer acknowledges that Wayno Delivery Services does not provide transportation or logistics services and that all such services are provided by independent third-party contractors who are not employed by Wayno Delivery Services or any of its affiliates. The Customer acknowledges that Wayno Delivery Services serves solely as a platform for engaging the services of the Service Provider. Wayno may act as an intermediary between the Customer and the Service Provider and use a third-party payment provider to collect any fees owed by the Customer for the Services. The Customer acknowledges that Wayno collects fees on behalf of the Service Provider and any amounts owed to Wayno Delivery Services by the Customer.
GENERAL TERMS & CONDITIONS
This Agreement supersedes all prior agreements and understandings (whether written or oral) made between Wayno Delivery Services and the Service Provider concerning the vehicle(s) specified in the Attachment.
This Agreement shall commence on the date set out on the front page of this Agreement and shall remain valid unless terminated by either Party in accordance with the terms of this Agreement. Either party may terminate this Agreement by providing one (1) day's written notice to the other Party.
The Service Provider shall indemnify Wayno Delivery Services for all direct and indirect liabilities, losses, charges, and expenses incurred by Wayno Delivery Services due to the negligence and/or any unlawful act or omission of the Service Provider and/or the Service Provider's appointed operators/contractors in the performance of the Services.
Wayno Delivery Services shall not be responsible or liable for any loss or damage suffered by the Service Provider arising from the use of the Service offered by Wayno Delivery Services or due to Wayno Delivery Services's failure to provide Services to the consignor/consignee for any reason, including but not limited to any Customer's non-compliance with the Services offered by Wayno, such as incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission, or telecommunication system, or any other circumstances beyond Wayno Delivery Services’s control.
Wayno Delivery Services shall not be liable for any direct or indirect loss or damage suffered by the Service Provider as a result of any failure by a consignor/consignee to meet the timing notified to the Service Provider. This includes circumstances where Wayno Delivery Services has agreed to such timing or if the Customer has advised Wayno Delivery Services of the possibility of not complying with the stipulated timing.
The Service Provider shall indemnify Wayno Delivery Services from and against any or all liabilities, losses, charges, and expenses (including legal fees and costs on a full indemnity basis), claims, demands, actions, and proceedings that Wayno Delivery Services may incur or sustain directly or indirectly from any breach by the Service Provider of its obligations hereunder or any breach of the Service Provider's representations and warranties, or by any reason in relation to the provision of the Services by the Service Provider. This includes, but is not limited to, claims by Customers regarding theft, damage, or losses pursuant to the Services. The Service Provider shall pay all such sums promptly upon Wayno Delivery Services's demand in writing.
The Service Provider shall maintain all insurance required by the laws of the United Arab Emirates concerning the provision of the Services. The Service Provider will also maintain comprehensive insurance, including, without limitation, insurance of vehicles, drivers, and Customers concerning accidents, damage, personal injury, and theft. The Customer shall be excluded from any liability owed to the Service Provider.
The Service Provider shall furnish all details about its drivers in Attachment A for security reasons and ensure that drivers are registered with Wayno Delivery Services.
Wayno Delivery Services's maximum liability to the Service Provider, in any event, including any failure by Wayno Delivery Services under this Agreement, shall be restricted to a maximum amount of AED 50 (AED Fifty) in aggregate during the Term.
The Service Provider confirms that it has obtained driver consent for the documents to be sent for background verification. In the event of any discrepancy, this Agreement shall be null and void, and the Services terminated with immediate effect.
The Service Provider hereby provides consent to Wayno Delivery Services to access, use, or share data and information, including, but not limited to, location information, contact information, transaction information, usage and preference information, device information, call and SMS data, and log information related to subscription to Wayno Delivery Services's platform.
RATES AND PAYMENT TERMS
The applicable financial terms for the vehicle may be subject to regular and frequent changes at the sole discretion of Wayno Delivery Services, which shall be communicated accordingly.
Trip fare will be calculated through Wayno Delivery Services's software system, and in case of any fare dispute, Wayno Delivery Services's decision will be final and binding.
All payments due or receivable to or from the Service Provider shall be made or billed by cash, online payment methods, or any other mutually agreed modes from time to time.