THE UNITED ARAB EMIRATES IS OUR COUNTRY OF DOMICILE
These terms of use (“Terms”) govern the access or use by you, an individual, from within the United Arab Emirates of applications, website, content, products and services (“Services”) provided through the AKYASI application (“AKYASI”) and made available in the United Arab Emirates by AKYASI Services FZ – LLC and its subsidiaries and affiliates collectively, (AKYASI Services FZ-LLC).
The website, www.akyasi.com, will not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the UAE Law.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these terms, the words “including” and “include” mean “including, but not limited to”.
AKYASI and its services are provided to you subject to these Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using AKYASI, the services or our website located at www.akyasi.com (the “site”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity (and its affiliates, as the case may be) to this TOS, in which case the terms “you” and “your” shall refer to such entity (and its affiliates, as the case may be). If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use AKYASI, the Services, or the site.
We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes of this page and the date these terms were last revised. Your continued use of the services after the date any such changes become effective constitutes your acceptance of the new TOS.
You may be required to register with AKYASI in order to access certain features of the services. If you choose to register for the services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services registration form. Registration data and other information about you are governed by the Privacy policy. If you are under 13 years of age, you are not authorized to use the services, with or without registering. In addition, if you are under 18 years of age, you may use the services, with or without registration, only with the approval of your parent or guardian.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree (a) immediately to notify AKYASI of any unauthorized use of your password or account or any other breach of security, and (b) to the extent that you should properly exit from your account at the end of such session when accessing the services. AKYASI will not be liable for any loss or damage arising from your failure to comply with this section.
All calls done by an employee from AKYASI Services FZ-LLC including but not limited to: ”call center agents, drivers and account managers”, can be monitored and recorded for record-keeping, training and quality assurance purposes. These recordings are the property of AKYASI and will only be made available to a third party if so required by law. Your participation in a telephone conversation with any party mentioned above serves as an express consent to be monitored or recorded.
In addition, when using the services, you will be subject to any additional terms applicable that may be presented to you from time to time, including, without limitation, the Privacy Policy located at http://www.akyasi.com/privacy-policy. All such terms are hereby incorporated by reference into this TOS.
Please make sure that your package once delivered to you is in the AKYASI self sealed bag with its corresponding QR code.
2. OUR SERVICES
AKYASI is the first mile solution that integrates between the end user, shopping district, and the logistics operations via a new and unique application catered to facilitate a seamless and hassle -free experience for the consumers.
Availability of the service: the service is available at certain participating retailers and shopping malls. For an up-to-date list please refer to the AKYASI app or Website.
AKYASI packaging: The packaging for the service is provided by AKYASI as part of the service. AKYASI packaging may include: AKYASI self sealed bags or stickers .
Restrictions on number of bags and heavy bags, AKYASI provides a consumer service and not designated for commercial deliveries or business logistics. As such we may refuse certain drops that exceed our fair use guidelines in terms of size, number of bags or weight what we are able to safely process as part of the service.
The “services” include certain services available via a mobile device, including (i) the ability to upload content to the services via a mobile device, (ii) the ability to browse the services and the site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and all mobile services may work with all carriers and devices. By using the mobile services, you agree that we may communicate with you regarding AKYASI and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your AKYASI account information to ensure that your messages are not sent to the person that acquires your old number.
Subject to the terms and conditions of this TOS, you may access and use the services only for lawful purposes. All rights, titles and interest in and of the services and its components will remain with and belong exclusively to AKYASI. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time or share or otherwise make the services available to any third party, except as set forth in Section 11; (b) use the services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the services or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the services, or otherwise attempt to gain unauthorized access to the services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices AKYASI provides you or publishes in connection with the services, and you shall promptly notify us if you learn of a security breach related to the services.
In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with AKYASI’s acceptable use policy (“AUP”), as described in this section. You will not use the services to (or assist another person to):
1. Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files of programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose AKYASI or its users to any harm or liability of any type.
2. Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services; or
3. Violate any applicable local, state, national or international law, or any regulations having the force of law;
4. Impersonate any person or entity, or falsely state or otherwise misrepresent you affiliation with a person or entity; or
5. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
Any Software that may be made available by AKYASI in connection with the Services, including without limitation the bookmark-lets or plug-ins, (“software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, AKYASI hereby grants you a non-transferable, non-sub licensable and non- exclusive right and license to use the object code of any software solely in connection with the Services, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any software. You agree not to access the Services by any means other than through the interface that is provided by AKYASI for use in accessing the Services. Any rights not expressly granted herein are reserved and no license or right to use any trademark of AKYASI or any third party is granted to you in connection with the Services.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)’) in connection with or relating to the Services (“your content”). You are responsible for maintaining the confidentiality of your login, password and account and for all the activities that occur under your login or account. AKYASI reserves the right to access your account in order to respond to your requests for technical support. By posting your Content on or through the Services, you hereby do and shall grant AKYASI a worldwide, non – exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform your content in connection with the Services and to improve AKYASI’s products and services, subject to the terms and conditions of this TOS and our Privacy Policy. AKYASI has the right, but not the obligation, to monitor the services, Content, or Your Content and to disclose your Content if required to do so by Law or in the good faith belief that such action is necessary (i) to comply with a legal obligation, (ii) to protect and defend the rights or property of AKYASI, (iii) to act in urgent circumstances to protect the personal safety of users of the Services or the Public, or (iv) to protect against legal liability.
You understand that the operation of the Services, including your content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to AKYASI’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your Content, or any corruption, deletion, destruction or loss of any of your Content.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the services (and, to the extent applicable, the software) and complies with all configurations and specifications set forth in AKYASI’s published policies then in effect. You shall also be responsible for maintaining the security of the equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the equipment with or without your knowledge or consent.
The failure of AKYASI to exercise or enforce any right or provision of this TOS shall not be a waiver of the right. You acknowledge that this TOS is a binding enforceable contract. It is electronic and is not physically signed by you, and it governs your use of the Services and takes the place of any prior undertakings and commitments that you may have made.
Subject to the terms hereof, AKYASI may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
To the extent the Services or any portion thereof is made available for any fee. You represent and warrant to AKYASI that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you use the AKYASI Services, all charges for the delivery and any additional fees payable to AKYASI (“charges”) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize AKYASI to bill your payment instrument for charges in accordance with the TOS. Except as otherwise agreed by the parties, all charges, fees, or surcharges shall be based upon the characteristics of the delivery actually tendered to us. If you dispute any charges you must let AKYASI know within sixty days (60) after the date that AKYASI bills your payment instrument, failing which you shall be deemed to have accepted the Charges. We reserve the right to change AKYASI’s rates. If so, AKYASI will post the new rates with respect to the services, effective as of the posting date. Your continued use of the Services after any price change becomes effective constitutes your agreement to pay the changed amount.
Users are responsible for providing accurate and complete delivery information address to AKYASI through the App. If any aspect of the delivery information is incomplete or incorrect as determined by AKYASI in its sole discretion, AKYASI reserves the right to check the characteristics of the delivery and the prices accordingly and unilaterally.
If you make a payment for our services on our mobile App, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
We accept online payments using Visa and Mastercard credit/debit card in AED.
Cardholder must retain a copy of transaction records and Merchant policies and rules.
The Platforms provided solely for your personal use. You may not use the Platforms for any commercial purpose. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. We may modify or withdraw the Platforms (or any part of them) temporarily or permanently, and we shall not be liable to you or any third party for any modification to, or withdrawal of, the Platforms and you agree to use the Platforms on this basis.
All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to AKYASI (or is licensed to AKYASI). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without AKYASI' prior written permission.
You agree that any information you submit to the Platforms including Personal Information shall be accurate. If you submit to the Platforms any communication, idea or materials which may attract copyright or other intellectual property rights you agree that this shall become AKYASI' property. You agree that anything you submit shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Platforms and we reserve the right to remove any material you have placed on the Platforms or to deny you access to the Platforms at any time in our sole discretion.
You must not establish any link to the Platforms to suggest any form of association, approval or endorsement on our part where none exists or establish a link from any website that is not owned by you. The Platforms must not be framed on any other site, and you may not create a link to any part of the Platforms other than the home page.
While we endeavor to verify the accuracy of any information we place on the Platforms, we make no warranties (whether express or implied) in relation to its accuracy. The Platforms are provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Platforms, or any transaction that may be conducted on or through the Platforms, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Platforms will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Platforms. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Platforms.
The Platforms may contain links to other websites or applications, which are not operated by AKYASI. When you activate any of these you will leave the Platforms and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website or application which is not under our control.
You may enable or log in the Services via various online third party services, such as social media and social networking services like Facebook, Instagram and Twitter (“Social Networking Services”). By logging or directly integrating these social networking services into the services, we provide a luxurious yet cost effective shopping experience. To take advantage of this feature and its possibilities, we may ask you to authenticate, register for or log into Social Networking Services in order to provide us with access to certain information available on such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social networking services and AKYASI’s use, storage and disclosure of information related to you and your use of such services within AKYASI (including your friend lists and the like), please see our Privacy Policy at http://www.akyasi.com/privacy-policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and AKYASI shall have no liability or responsibility for the privacy practices or other actions of any third party site or practices or other actions of any third party site or service that may be enabled within the services. In addition, AKYASI is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with social networking services. As such, AKYASI is not liable for any damage or loss caused or allegedly caused by, or in connection with use of, or reliance on any such Social Networking Services. AKYASI enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You represent and warrant to AKYASI that (i) you have full power and authority to enter into this TOS; (ii) you own all your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow AKYASI to perform its obligations) in connection with the services without obtaining any further releases or consents; (iii) Your content and other activities in connection with the Services, and AKYASI’s exercise of all right and license granted by you herein do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does your content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are Eighteen (18) years of age or older, or you are Thirteen (13) years of age and older and have obtained the consent of your parent or guardian to use the services.
You have the right to terminate your account at any time by sending a cancellation request to (info@akyasi.com). Subject to earlier termination as provided below, AKYASI may terminate your account and this TOS at any time by providing 30 days prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, AKYASI may also terminate this TOS upon thirty (30) days notice or ten (10) days in the case of non-payment), if you breach any of the terms or conditions of the TOS. Also, AKYASI may terminate this TOS immediately without notice if you violate any provision of the AUP, as determined in AKYASI’s sole reasonable discretion.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by AKYASI or by third-party providers, or because of other causes beyond our reasonable control, but AKYASI shall use reasonable efforts to provide advance notice on the site or by email of any scheduled service disruption. However, the services, including this site, software and content, and any server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, AKYASI also expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that AKYASI does not warrant that the service or software will be uninterrupted, timely, secure, error-free or virus free, nor does it make any warranty as to the results or software, and no information, advice or services obtained by you from AKYASI or through the services shall create any warranty not expressly stated in this TOS.
Except as provided in section 13, under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall AKYASI be liable to you or any third party for (A) any indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, lost sales or business, lost data, or (b) any direct damages, costs, losses or liabilities in excess of the purchase actually paid by you to the Vendor. The provisions of this section allocate the risks under this TOS between the parties, and the parties have relied on these limitations in determining whether to enter into this TOS.
You shall defend, indemnify, and hold AKYASI harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of your content, or your other access, contribution to, use or misuse of the services. AKYASI shall provide notice to you of any such claim, suit or demand. AKYASI reserves the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable request assisting AKYASI’s defense of such matter.
Once paid, there will be no refund or cancellation of the transaction fee since the service is already taking place.
The pricing reflected in the mobile application of AKYASI are the fees that consumers pay if using the AKYASI services on case-by-case basis, however, the prices does not apply to certain areas in the UAE that are considered "remote" by AKYASI. These areas do not fall within our regular pricing rules. Any request to deliver to remote areas are priced on case-by-case basis. Please contact us at info@akyasi.com for any inquiry.
5% VAT (Value Added Tax) shall be charged additionally over and above the service charge as per the regulations issued by the UAE government as of January 1, 2018.
AKYASI hereby disclaims any liability with respect to the content of the items/the delivered AKYASI bags and it will be your responsibility to ensure all items are packed in the AKYASI self sealed bags once you make the purchase and start using the service.
You agree that this TOS, and any disputes or controversies arising in connection therewith, shall be governed by the laws of the United Arab Emirates, and the courts of the United Arab shall be the sole competent authority for the resolution of any such dispute or controversy.
You may not assign this TOS without the prior written consent of AKYASI, in which case, AKYASI may charge a transfer fee. AKYASI may assign or transfer this TOS, in whole or in part, without restriction.
If any provision of the TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and superseded and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind AKYASI in any respect whatsoever. In any action or proceeding to enforce rights under the TOS, the prevailing party will be entitled to recover costs and attorneys fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service and upon receipt, if sent by certified or registered mail, return receipt requested.
Remote Areas:
Abu Dhabi: Dalma/Dalma Island, Jananah island, Je'eisah, Jereirah, Ras Ghurb island, Sabkha, Sir Banniyas island, Wedhail, Abu Al Abyad island, Al Hamra, Al Khis, Al Salam village, Al Yarha, Alyhyalli, Asab.
Al Ain: Daaharat A Teeb, Nahel, Al Dahra, Al Khatim, Al Khaznah, Al Kifefa Umm Hafaf, Al Marfaa, Al Mirfa, Al Qua, Al Quo'a, Al Sweihan, Al Waqan.
Dubai: Dubai Outer Hatta, Dubai Outer 2, Lahbab.
Sharjah: Fili, Hatta, Madham, Nazwa.
Ajman: Masfouth.
Fujairah: Al Dhaid, Masafi, Al Manama.
Wetern Region: Ghayathi, Cheweifat - Batha, Habshan, Hamim, Liwa, Madina Zayed, Beda Zayed, Mezaira'a, Khayyam, Umm Hosn, Qareen Al Aish, Ruwais, Salam city, Sila', Tarif, Arada - Al Hilew - Mukhayriz, - Al Birer, Bu Ghar, Bu Hasa.
Ras Al Khaimah: Huwaylat, Munay, Rafaq, Sa'aba, all Oman borders
Please contact us at info@akyasi.com
These terms and conditions were last updated on June 14, 2018.