Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES PROVIDED BY CITYVAN.

By using this website, you are deemed to have read and agreed to the following terms and conditions. The following terminology applies to these Terms and Conditions, Privacy Statement and Cancellation Policy and any or all Agreements.

1) STATUS OF CITYVAN AND YOU

The term 'CITYVAN' or 'us' or 'we' refers to the operator, whose registered office is Sulaibiya, P.O. Box 24611 Safat 13107 Kuwait offering transportation services in the form of Van Pooling services. When you use the online platform supplied by CITYVAN, the online platform will be referred to as the "Webpage" hereinafter. All services provided to you by means of your accessing of the Webpage are hereafter referred to as the "Service".

“you”, “your”, “yours” and “Subscriber” are references to you, the person accessing this website.

These Terms and Conditions, referred to as strong “Terms”, govern the access or use by you, an individual, from within Kuwait, when you browse the website and/or you download the Webpage and/or use our service. CITYVAN shall be entitled to add to, vary or amend any or all these Terms at any time and without previous notice and the Subscriber shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these Terms at CITYVAN’s website at www.cityvankw.com or the Webpage on the date that CITYVAN may indicate that such addition, variation or amendment is to come into effect.

2) CONTRACT BETWEEN CITYVAN AND YOU

2.1. The contract is between CITYVAN and you when you browse and use the webpage/website.

2.2. In order to use the webpage, you must register for and maintain an active Services account which will be referred to as an “Account”. To obtain an Account, you confirm that you have attained 18 years of age. Account registration requires you to submit certain personal information, such as your name, address, mobile phone number, Civil ID and age, as well as at least one valid payment method to CITYVAN.

2.3. You agree to operate the Account as per the Terms. The Account must contain accurate, complete, and up-to-date information. Failure to comply may result in your inability to access and use the Services or termination of these Terms.

2.4. All activities that occur under your Account are deemed as your activity. You agree to maintain the security and secrecy of your Account username and password at all times. You may possess only one Account, unless otherwise permitted by CITYVAN.

3) SERVICES

3.1. CITYVAN is a transport operator providing services which enables you to be a passenger on a registered Van Pool for point to point transportation within Kuwait.

4) BOOKING POLICY

4.1. When you register with CITYVAN, you become the subscriber of the Services operated by CITYVAN.

4.2. To book a seat on a particular route, you will need to book through the webpage/website. You may also visit one of the Pass Offices of Citybus for assistance in this regard.

4.3. By virtue of these Terms, you hereby authorize CITYVAN to use the location based information provided by GPS and any of the telecommunication companies when the Webpage is used to make a pooling request. The location based information will be used only to facilitate and improve the probability of locating a van as well as a seat for you.

4.4. CITYVAN shall be entitled to disclose to any government body as required by the law or by directive or request from any government body, the particulars of the Subscriber in the possession of the Webpage in any way as CITYVAN, in its absolute discretion, deems fit or if it considers it in its interests to do so.

4.5. As a Subscriber to their Services, CITYVAN may send regular message updates to registered mobile numbers updating you on their discount coupons, promotions and other relevant information, as deemed appropriate by CITYVAN.

4.6. In case the Subscriber is booking seats for multiple passengers, these Terms apply to each of such passengers also.

4.7. To cancel any or all seat(s), the Cancellation Policy will apply.

5) SCOPE OF SERVICES

5.1. You agree and accept that the use of the Services provided by CITYVAN is at your risk and further acknowledge that CITYVAN disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

5.2. You shall ensure that you strictly adhere to the following conditions when utilizing CITYVAN’ s Services:

i. Refrain from smoking or consuming any kind of intoxicants inside the vehicle. The driver has instructions to refuse the pick-up or ask you to alight the vehicle if you are found to be in an intoxicated state or are found misbehaving with other passengers or the driver, or causing a nuisance.

ii.Refrain from littering on the vehicle

iii. Refrain from soiling or damaging the seats and/or any other interiors of the vehicle.

iv. Refrain from misusing, soiling or damaging any of the devices (technical/non-technical) in the vehicle.

v. Refrain from asking the driver to break any Traffic/City Police and/or government rules for any purpose. The driver has the right to refuse such a request. The driver has instructions to refuse such a pick-up or ask such customer(s) to alight from the motor vehicle.

vi. Refrain from asking the driver to board any person not on the passenger list of the vehicle. The driver has instructions to refuse such pick-ups.

vii. Refrain for asking to be picked up from or dropped off at any point other than the point agreed to in the pool contract. The driver has instructions to refuse such requests.

vii. This service is for transportation of passengers only. Therefore, the passenger may not request the driver to load the vehicle with luggage. If so, the driver has the authority to refuse such request.

ix. Refrain from trying to make any arrangement with the driver outside the scope of the van pooling contract.

5.4. CITYVAN shall be entitled at any time without giving any reason to terminate the booking of seats done by the Subscriber. The subscriber will not be entitled to a refund if the cause of termination is willful misconduct on the part of the subscriber.

6) PAYMENT

6.1. As a Subscriber, you agree that any amounts charged for a journeys (hereby referred to as a “Charge”) are mandatory and due and payable immediately before the commencement of the ride.

6.2. CITYVAN has the authority and reserves the right to determine and modify pricing by posting applicable Charges on the website. You are responsible for reviewing the applicable Charges and shall be responsible for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Any change in fare will apply with effect from the next renewal date.

6.3. As a subscriber you must ensure any renewal of services is done in a timely manner before the current period ends to avoid losing your regular seat. The driver has instructions to refuse pick-ups in case renewals are not made timely.

6.2) REFUND POLICY

We strive to give you good Service. However, in exceptional circumstances, if CITYVAN is unable to perform any of the Services, CITYVAN will refund the money deducted from your Account within fifteen days from the date of booking. If this relates to a single or part journeys, then the proportionate amount of the subscribed fee will be refunded.

6.2.1. However, if CITYVAN is unable to complete the Service despite best efforts due to natural calamity or disaster, severe traffic conditions, weather conditions, civil unrest, suspension of services related to transportation and other facilities, governmental orders, or other causes that make safe, smooth operation impossible, or when there is a valid reason to believe the journey cannot continue, no refund will be offered.

6.2.2. No refund will be offered in case you are deemed as a No-Show Passenger. You will be considered as a No-Show Passenger if any or all conditions are satisfied:

i

i. The driver arrives at the pick-up location

ii. The driver waits for at least 1 minute.

iii. The passengers name does not appear on his roster and you are unable to demonstrate proof of payment /renewal.

Despite such best efforts, if you are unable to board the van within the prescribed time frame, no refund will be initiated.

In case of a vehicle breakdown CITYVAN will ensure its best efforts to provide a replacement van within 1hr of the breakdown or transfer passengers to the next available van or bus to complete the journey. In such a case, no refund will be initiated.

6.3) CANCELLATION OF RIDE

6.3.1. Cityvan recognizes that plans change. If you no longer need a pool, you may cancel it through the web page, however the subscriptions for the current period will not be refunded

7) ACCOUNTS, OFFERS AND PROMOTIONS

7.1. Cityvan reserves the right to collect your data including name, contact information and other details to facilitate Services. All information collected from you are on a bonafide basis.

7.2. Misrepresentation of identity or contact details by you will lead to automated termination of Services without prior notice to you. No refund will be made under such circumstances.

7.3. Your accounts bearing contact number and email IDs are created and owned by CITYVAN.

7.4. In case where the system is unable to establish unique identity of you against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. CITYVAN reserves its right to suspend your account in the above event and does not have the liability to share any account information whatsoever.

7.5 CITYVAN, at its sole discretion, may make available offers and promotions with different features to you.

8) LOSS OF ITEMS

8.1. If the Subscriber has misplaced or lost any personal property in the vehicle, CITYVAN will try to locate the items on a "best-effort" basis but is not responsible in any manner for the same in case of loss or damage to the same. Such personal property is the sole responsibility of the Subscriber.

9) COMPLAINTS

9.1. CITYVAN takes its commitment to serve all its passengers very seriously. It encourages you to notify in writing within 24 hours of any dissatisfaction or specific complaints that you may have regarding the Services in order to enable CITYVAN to improve.

10) LINKS TO THIS WEBSITE

10.1. You may not create a link to any page of this website without CITYVAN’s prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

11) LINKS TO THIRD PARTY SITES

11.1. CITYVAN may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's web site. CITYVAN does not monitor or review the content of other party’s websites which are linked to from this website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites.

11.2. CITYVAN understands that you acknowledge that CITYVAN has no control over such third party's site, does not monitor such sites, and CITYVAN shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site. CITYVAN will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

12) LOG FILES

12.1. CITYVAN may use Subscriber’s IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, CITYVAN’s web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within CITYVAN on a need-to-know basis. Any individually identifiable information related to this data will never be sold or used in any way different to that stated above without your explicit permission.

13) SEVERABILITY

13.1. These Terms apply to all CITYVAN Services offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by you. In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

14) AMENDMENT TO TERMS

14.1. CITYVAN may change, modify, amend, or update these Terms from time to time without any prior notification to you and the amended and restated terms and conditions of use shall be effective immediately upon posting. If you do not accept such changes, you may, at your pleasure, stop using the Service. Your continuous use of the Services will signify your acceptance of the changed terms.

15) INTELLECTUAL PROPERTY RIGHTS

15.1. CITYVAN is the sole owner or lawful licensee of all the rights to the web site and its content. Web site content means its design, layout, text, images, graphics, sound, video etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with CITYVAN, its affiliates or licensor's of CITYVAN content, as the case may be.

15.2. All rights not otherwise claimed under these Terms or by CITYVANkw.com, are hereby reserved. The information contained in this web site is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. CITYVAN does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on this web site, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.

15.3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this web site is provided "AS IS" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the Subscriber. In no event shall CITYVAN be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. You hereby acknowledge that any reliance upon any content shall be at their sole risk.

15.4. CITYVAN reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the website. All related icons and logos are registered trademarks or trademarks or service marks of CITYVAN in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

16) COPYRIGHT

16.1. All content on this web site is the copyright of CITYVAN except the third party content and link to third party web site on our website.

16.2. Systematic retrieval of CITYVAN content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from CITYVAN is prohibited.

16.3. In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of CITYVAN's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. CITYVAN reserves the right to terminate the account of Yours upon any infringement of the rights of others in conjunction with use of the CITYVAN service, or if CITYVAN believes what You are conducting is harmful to the interests of CITYVAN, its affiliates, or other Subscribers, or for any other reason in CITYVAN's sole discretion, with or without cause.

17) INDEMNITY

17.1. The Subscriber shall indemnify CITYVAN from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which CITYVAN may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Subscriber and shall pay such sums on demand.

18) DISCLAIMER

18.1. The information contained in this website is for general information purposes only. The information is provided by CITYVAN and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

18.2. In no event will CITYVAN 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 arising out of, or in connection with, the use of this website.

18.3. Through this website if a link is established to other websites which are not under the control of CITYVAN, the inclusion of such links does not necessarily imply a recommendation or endorsement of the views expressed therein.

18.4. Every effort is made to keep the website up and running smoothly. However, CITYVAN takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

19) LIABILITY

19.1. CITYVAN shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Subscriber arising out of the use of the motor vehicle service offered by CITYVAN or due to the failure of CITYVAN to provide Services to the Subscriber for any reason whatsoever including but not limited to the Subscriber's non-compliance with the Service’s instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of CITYVAN or any person or any organization involved in the above mentioned systems.

19.2. CITYVAN will not be liable for any damages of any kind arising from the use of the Service offered by the CITYVAN, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

19.3. To the fullest extent permitted by applicable laws, CITYVAN will not be liable for any loss, damage, injury, death or accident suffered or sustained by passenger(s) in the case where a) Death, injury, or any other bodily injury resulted from the state of health, psychological or mental status of passenger(s)(including, but not limited to: pregnant women, people with visible disabilities or physical or mental disorder, people complaining of an unsatisfactory state of health, or worsening of the state of health at the time of boarding etc.) b) The damage was caused in whole or part, by the negligence or unlawful act or omission of the passenger c) CITYVAN has taken all necessary measures to avoid the damages or CITYVAN could not take such measures.

19.4. CITYVAN will exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised CITYVAN of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

20) GOVERNING LAW AND ENFORCEMENT

20.1) Governing Law and Jurisdiction

These terms and conditions are governed and construed in accordance with the laws of the State of Kuwait and the parties agree to submit to the exclusive jurisdiction of the Kuwaiti courts.

21) ADVERTISEMENT

21.1. Unless approved by CITYVAN, the Subscriber will not be allowed to advertise or promote any services or products in any manner while using the Services provided by CITYVAN.

22) TERMINATION

22.1. Most content and some of the features on the web site are made available to visitors free of charge. However, CITYVAN reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. CITYVAN also reserves the universal right to deny access to any/all of its Services without any prior notice/explanation in order to protect the interests of CITYVAN and/or other visitors to the web site. CITYVAN reserves the right to limit, deny or create different access to the web site and its features, or to change any of the features or introduce new features without prior notice.