These provisions and restrictions represent an official agreement “Contract” concluded between “Enaql” firm, which is the platform of logistic booking on internet, and transport service providers through the application of “Enaql” firm “service providers”. These provisions are governed by the service provider’s use of the application of “Enaql” firm which is an electronic platform combining service provider with clients using the application. This will be done in such a way that the application of “Enaql” firm of clients using the application would allow users of application to communicate with the service providers to ask for service for them. This will be so according to whatever is provided by the application. Also, the application service related to responding to the request and the display requirements is represented in transport sectors and logistic services. As such, the supply and demand shall jointly be set on one platform in order to look into orders of land transport companies as well as cargo companies.
Any usage by yourself of services provided by the application of “Enaql” firm shall constitute your entire agreement on this contract and its provisions. Subsequently, you should not use the application if you do not agree to any of the provisions or stipulations stated in this contract.
“Enaql” firm reserves the right to amend or modify these provisions and stipulations without any prior notice. It would be your responsibility, being service provider to application clients, to review restrictions and provisions of usage periodically in order to know the updates included in these provisions and stipulations through the electronic link. It is also hoped that our privacy policies would be reviewed so as to know more about the usage of transferring information available at our end through service providers or clients or applications.
“Enaql” firm will grant you a license which is non-exclusive, non-transferable, non-relinquished and non-sublicensed in order to render the services available at hand to clients through an application. The use of such license should be for purposes of application customer service only in accordance with this contract. Therefore, you must: -
You hereby acknowledge and guarantee that: - You will comply with all laws and regulations adopted in the Kingdom of Saudi Arabia Your service usage of “Enaql” firm has never been hindered nor had you been prohibited from using such facility at any given time. You are fully eligible and capable to enter into a contract and as such you not committing any violation to any law or contract You will submit correct and accurate information to any transfer facility and that you will update it periodically You will review and adhere to any provisions or stipulations or notifications sent over through “Enaql” firm in respect to the services that you are rendering to clients through the application You will not use the information or the contents or any details that you may come across or that you may obtain through the services “Enaql” firm for any other purpose except the application usages. You will use the application and the service exclusively for your purposes. Use the service or the application only for legitimate purposes. The service shall not be used to dispatch or store any illegal materials or for intentions of fraud. You will not use the service or the application in order to cause harm or harassment or annoy any person. You will not undermine the appropriate operation of an application related to “Enaql” firm. You will not attempt to inflict harm to the service or the application by any means whatsoever. You will not copy or distribute the application or other contents unless you obtain a written permit from “Enaql” firm You will safeguard the password of your account or any means of identification that we present to you ensuring your access to your account safely and confidentially. You will submit to us all evidences affirming your identity depending on the assumption of “Enaql” firm “Enaql” firm reserves the right to reject your use of the application and service provision through it, without giving any justification for such rejection. You will take all formal procedures related to safety and security. You will also be obligated to provide insurance coverage for all vehicles that you use to carry out the services through the application of “Enaql” firm. You are committed to perform all official procedures pertinent to adequacy of vehicle documents and the validity of their licenses in addition to adequacy of documents of vehicle drivers, workers and the validity of licenses to facilitate service provision. Establish legal relationship directly with clients using the application. You acknowledge that “Enaql” firm shall not be responsible for any act or refrainment or conduct of clients using the application towards you and towards the vehicles, their drivers and whatsoever is related to them. You also acknowledge that you alone shall be responsible for making reasonable and appropriate arrangements related to others who deal with the drivers in relation to transport services and the service available through the application. In case the implementation of this responsibility shared between both of you is not attainable by virtue of the adopted law, you shall be obligated to compensate “Enaql” firm, protect it and keep it relieved of any claims arising against “Enaql” firm and is connected to your provision of transport service by the power of prevailing law. Without any prejudice to your rights, if any, you will remain at all times responsible for any act or refrainment from act from part of the driver towards clients using the application or any transport facility even if the prevailing law does not demand the followed party to bear responsibilities of the acts of his follower. You further more acknowledge and undertake to guarantee the driver’s compliance with the conditions and specifications of service provision identified by “Enaql” firm and adhere to it. This is in addition to all laws, rules, regulations and legislations governing such transport services or attached to it. You also agree and ensure by virtue of this contract that rights, undertakings, declarations and obligations of the driver shall apply on the driver which he admits. You confirm that you alone will take care of the driver and control him and oblige him to observe all prevailing legislations (including regulations of tax, charges, social securities and work) governing your relationship with the driver. You acknowledge that any transport facility will not exercise any control over your business or the driver’s business or the vehicle operation or its material condition excepting as stipulated in this contract. This contract does not contain any text referring to employment establishment between yourself and any transport facility or the driver or consider any one of you as an agent for any transport facility. You still further confirm and agree that you do not possess any obliging authority over any transport facility. You therefore undertake not consider yourself, and guarantee that the driver won’t consider himself, an agent or a representative for “Enaql” firm. In cases where you may be considered, or the driver or both of you may be considered, by the power of binding law, as agent or an employee or a representative for “Enaql” firm, then, you undertake and agree to compensate “Enaql” firm, protect it and hold it free of any liabilities related to claims payable by any person or organization based on any employment or agency relationship. You confirm your responsibility for any obligation or liabilities arising from your services through the application of ““Enaql” firm” and you will be responsible, in facing the clients using the application, of any damages inflicted by them due to any default or errors that may occur from part of the vehicle’s driver or due to any other reason related to service provision. You confirm that “Enaql” firm is in possession and has full rights (including intellectual property rights) in the device, the application as well as the driver’s application and details. “Enaql” firm shall grant you, by virtue of this contract (including the driver to the extent required), a limited revocable, non-exclusive, free of charge, non-transferable non-relinquishable right in using the driver’s application and device during the tenure of this contract. The sole purpose of this merit is the provision of service to respond to the demand and to the requirements of the presentation in transport and logistic service sectors available through the application in the city or from within the city or from outside the city in favor of clients. “Enaql” firm shall reserve its full rights that are not explicitly granted to you. You and the drivers are committed to maintain secrecy and safety of driver introducer at all times. You shall not disclose this fact to any person excepting those who need to be acquainted with the driver’s introducer for purposes of transport service provision. You also undertake to immediately notify “Enaql” firm in cases of any security violations or improper use of driver introducer or the device or the application. You confirm that the driver’s application or the service may not be readily available (example: for periodic maintenance or system updating). As such, “Enaql” firm may not guarantee certain availability of application or the driver’s application or service or the minimum of its availability. You and the drivers shall support “Enaql” firm in all communications, effectively deal with other partners or drivers if requested by any transport facility, refrain from talking negatively about the work of “Enaql” firm in public. You shall allow “Enaql” firm to request the clients who used one of your services through the application, to provide transport service and give a mark to the service and the driver. “Enaql” firm shall reserve its right to publish such remarks and grades on the application or on the website (or any plat forms possessed by or managed by “Enaql” firm). Also, “Enaql” firm is eligible to ask you or ask the driver or both of you, to comment on the client and give him a grade on the driver’s application. You further ensure that you and the driver shall provide accurate/ objective remarks and comments without contravening any applicable laws, rules and regulations. You acknowledge that “Enaql” firm shall not publish such evaluations and grades (without any obligation on its part). “Enaql” firm shall reserve its right to reject or to write or eliminate any bad revision if such revision includes any vulgar comments or mention names of persons or violate any laws and other applicable rules. “Enaql” firm shall not bear responsibilities outside legal or legislative requirements. It holds itself free of any liabilities related to contents and consequences (publication or distribution) by virtue of this contract, or any comments or grades or revision of any kind. In the event of any complaint or dispute between yourself or the driver on one side and the client on the other side, or on other cases wherein there is a logical reason for such declaration, “Enaql” firm may submit to the client or to the competent authorities your details (including your personal details) or the driver’s details.
You hereby acknowledge and shall obtain an acknowledgement from the driver that both of you throughout the tenure of this contract shall: - Comply and abide by all licenses and other governmental permits that are necessary for the performance your duties in general as well as the transport service. Both of you shall comply with all laws and local regulations among which is laws related to transport service. Additionally, both of you alone shall be responsible for any violation of such local laws and regulations. The driver is in possession of a valid driving license and is permitted to drive the vehicle in accordance with the documentation submitted by any transport facility; you are in possession of all license, approvals and appropriate permits to provide transport service. The driver is of a suitable modern standard of work experience which enables him to provide transport service, and that the transport service shall be provided or supported using competent and trained drivers who will discharge their duties based on the required skills. You undertake that you and the driver have obtained and are in possession of valid insurance policy in order to cover liabilities of (transport or personal injury or coverage of others or general liabilities) and other types of insurance as prevailing in market. (The coverage premium shall be according to the ordinary industrial coverage). These will be in conformity with vehicle operation/ or commercial insurance to cover any potential risk, damages and loss pertinent to operating transport service. You hereby acknowledge safeguarding the vehicle, maintaining its cleanliness at all times, in a good operational condition and in conformity with safety & industrial standards designated for vehicles of that type. “Enaql” firm may at any time notify you of any modification prosed on provisions of this contract or the agreed charges. In case you revoke this contract, while preserving rights of “Enaql” firm within a period of seven (7) days, then, you’ll be considered as having accepted the modifications covered by the notification. However, if you object to the modifications or the changes covered by the modification notice, “Enaql” firm may terminate the contract concluded with you for a valid reason without the need to compensate you for any reason whatsoever.
All rights of intellectual rights attached to this service and all items related to it or those appearing thereon (including any contents submitted or inserted and the entire contents uploaded on the application whether or not from part of the service provider (driver or client) shall be the property of ““Enaql””. Accordingly, “Enaql” shall reserve its right to dispose such proprietorship as it may deem to be appropriate. You should not reproduce or allow for any person to use or reproduce the service or any trademarks or other trademarks which may appear in the service.
You will adopt the prices appearing on the application for each service prior to the demand. There are fixed prices for the requested service
You acknowledge and agree that your provision of services to clients through the application shall lead to imposition of charges on you against your use of the application and service provision to clients using the application. The charges shall include the applicable tax as per the law. All charges that you pay shall be final and non-refundable unless “Enaql” firm states the otherwise. All charges are entitled with immediate effect. Payment method shall be (by depositing or bank transfer. “Enaql” firm shall reserve its rights to establish or eliminate or revise the charges related to any service that you provide through the application. You acknowledge and agree that “Enaql” firm has the right to verify the complaints submitted against the service provided by yourself and to take the necessary action thereon without any objection from your part. E- Transport firm reserves the right to take the legal measures/ obligations with all parties as adopted in the Kingdom of Saudi Arabia or in the place of service provision.
“Enaql” firm shall not be responsible for any damages or loss or obligations including direct or indirect damages or loss or obligations or special or incidental damages or those arising from non-compliance of client with payment of cost to service provider and whatsoever arises as a consequence. The Second party shall not be eligible to claim any compensation in this regard. “Enaql” company shall not be responsible for compensation of service provider against any loss or damages resulting thereof. Also, “Enaql” Company shall not be responsible for any damages or loss or expenses resulting from its use of “Enaql” application or its adaptation or the inability to use the information and service available on the application or in relation to any default in performance or error or forgetfulness or disruption or hindrance or delay in operation/broadcasting or due to computer virus or malfunction of lines or systems even if you notify “Enaql” company about the possibility of the occurrence of such damages or loss or expenditures. “Enaql” Est shall not bear any responsibility for any damages or loss or obligations including direct or indirect damages or loss or obligations or special or incidental damages or those arising from services provided by service provider to the client and whatever may arise from such practice including errors or default or others. The service provider alone shall be responsible, in front of the client, for any damages or loss inflicted by him as a result of service provision. The service provider acknowledges that the application of “Enaql” Est is only an electronic mediator to provide service. It therefore shoulders the entire responsibility arising from the provision of such services. The service provider agrees to compensate “Enaql” Co., defend its position and hold it free of any potential claims or damages which may be sustained by others, resulting from provision of transport service, including the client or the driver. The service provider agrees that this Agreement shall not be considered as an employment or that “Enaql” Est is an agent for the service provider or for the driver. Instead, “Enaql” Est shall provide to the service provider a mediation service against a commission. “Enaql” Est shall not bear any legal responsibility for any kind of damage or loss (including direct or indirect loss or collateral or punitive or special) or claims or orders or expenditures (including legal charges) or damages or punishable action or fines related directly or indirectly to the service provider agreement. This shall include: - (1) the device, the application, driver’s application, service and details. (2) Service, journey and the vehicle (3) any damages or risk connected to the service provider agreement. (4) Any work or refrainment from work by the client, including payment. (5) Contents and collaterals of publication or distribution of any comments or assessments or revision pertinent to the service provider or the driver (6) Termination of the agreement of service provider for any reason. All dues shall remain valid including responsibility bonds and their exceptions that would be in favor of “Enaql” Est irrespective of the reason upon which legal liability would be based (whether or not it is related to delay of payment or default responsibility or others).
During the course of using the website or the application or the service, occasionally links of websites owned and controlled by others may be provided. Such links might take you outside the site, application and service. They are outside the control of “Enaql” Est Accordingly; “Enaql” Est shall not bear any responsibility resulting from your usage of these links. It is worth noticing that such other sites might dispatch their identification files to the users or may collect their details or ask for personal information. Subsequently, we advise you to verify conditions of usage or privacy policies available in those sites prior to using.
“Enaql” Est may terminate this contract immediately at any time (by stopping your use of application and service). This would be so in case you make the following: - C) Violation of any provision of user D) If “Enaql” Est finds out that you misuse the application or the service. “Enaql” Est is not obliged to dispatch a notification or a warning prior to contract termination. “Enaql” Est reserves the right, at any given time and for any reason, to stop your service offer to clients using the application. It is also eligible to terminate this contract at any time without the need to any justification. The service provider accepts these conditions and acknowledges his understanding of this right, and that he has no right to claim compensations in case such action is taken.
The invalidity of any provision of the user’s conditions shall not affect the integrity of the rest of provisions stated herein. In case of the invalidity of any provision among the clients & user’s conditions or in the event of the existence an unacceptable provision in certain circumstances according to reasonable & fair standards, an acceptable provision shall be adopted as a replacement taking into consideration all circumstances. Such circumstance shall conform to requirements of the nullified provision as much as possible. Provision contents of the user’s conditions shall be taken into account.
“Enaql” Est reserves the right, according to its sole discretion to modify any provision and restrictions or replace it or change the service or the application or their suspension or their cancellation altogether (including provision of any advantage or database or contents) at any given time. This would be materialized by publishing a notification on the site or by sending you a notice by way of the service or the application or by email without time limitation. Also, “Enaql” Est may place restrictions on certain merits and services or may confine your access to parts of the service or the entire service without notice or responsibility.
“Enaql” Est may dispatch a notice to your mail address maintained with “Enaql” Co about the service or application on the electronic site or through the application or by email or by ordinary post correspondences to your mail address maintained with “Enaql” Est
The existing provisions and restrictions shall be subject to and apply on any dispute settlement or claims or dispute arising from the user or whatever is related to it or any violation or termination proceedings or interpretations or correctness of text or use of the site or service or application, shall all be subject to laws, rules and regulations adopted in the Kingdom of Saudi Arabia and shall be interpreted accordingly.