Terms & Conditions
These terms & Conditions constitute a legally binding agreement (the “Agreement”) between you and Fast Tamkeen For Transportation LLC, a company with its registered office at Riyadh, SAUDI ARABIA (Registration number 1010570300) (“Leena”, “Leenacab ”, “we”, “us” or “our”), by which expression includes our legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”).
This Agreement governs your use of the Leena application, website, call center and technology platform (collectively, the “Leena Platform”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE LEENA PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE LEENA PLATFORM.
Your access and use of the Leena Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and Leena. Leena may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Leena Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
Leena may amend this Agreement from time to time. Amendments will be effective upon Leena’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Leena Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
2. The Leena Platform
The Leena Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek personal transportation services, (“Services”) can be matched with persons (“Captainah”) who can provide the Services. Each User shall create a User account that enables access to the Leena Platform. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Captainah to a User shall constitute a separate agreement between such persons.
Materials posted on the Leena Platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Leena Platform, or by anyone who may be informed of any of its contents.
We aim to update the Leena Platform regularly, and may change the content at any time. If the need arises, we may suspend access to the Leena Platform and the Services, or close them indefinitely. Any of the material on the Leena Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
YOU ACKNOWLEDGE THAT NEITHER LEENA OR ITS AFFILIATES PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY LEENA OR ANY OF ITS AFFILIATES.
Subject to your compliance with this Agreement, Leena grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Leena Platform on your personal device solely in connection with your use of the Leena Platform; and (ii) access and use any content, information and related materials that may be made available through the Leena Platform, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Leena and Leena ’s licensors.
Third Party Services and Content
Leena Platform Ownership
The Leena Platform and all rights therein are and shall remain Leena’s property or the property of Leena’s licensors. Neither this Agreement nor your use of the Leena Platform convey or grant to you any rights: (i) in or related to the Leena Platform except for the limited license granted above; or (ii) to use or reference in any manner Leena ’s company names, logos, product and service names, trademarks or services marks or those of Leena ’s licensors.
Provision of the Services
You acknowledge that portions of the Services may be made available under Leena’s various brands or request options, including transportation request brands, the logistic request brands and the e-wallet brand.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses.
It is at Leena’s discretion which brands or request options are made available to you.
3. Use of the Leena Platform
In order to use most aspects of the Leena Platform, you must register for and maintain an active personal User account (“Account”). You must be a female, and must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Leena certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Leena Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Leena’s termination of this Agreement with you.
You agree to maintain the security and secrecy of your Account username and password at all times and don’t share them with anyone. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Leena Platform.
Unless otherwise permitted by Leena in writing, you may only possess one Account.
User Requirements and Conduct
The Leena Platform is not available for use by persons under the age of 18 and may only be used by female individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation services from Captainahs unless accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Leena Platform, and you may only use the Leena Platform for lawful purposes. You will not, in your use of the Leena Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Captainah, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Leena Platform, and you agree that you may be denied access to or use of the Leena Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the Leena Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions, Bundles, Credits and Referral Programs
Leena, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Leena. Promotions will in many cases be made available to you via alphanumeric codes (“Promo Codes”). Leena reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Leena determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Leena; (iii) may be disabled by Leena at any time for any reason without liability to Leena; (iv) may only be used pursuant to the specific terms that Leena establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Leena may establish additional terms relating to specific promotions.
As part of your User account, Leena may provide you with or allow you to create a “Leena Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Captainahs (“Referred Captainahs”). Leena Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Leena Code. You are prohibited from advertising Leena Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. Leena reserves the right to deactivate or invalidate any Leena Code at any time in Leena ’s sole discretion.
As part of your User account, Leena may provide you with access to a feature in the Leena application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“Leena Credit”); and/or (iii) transfer Leena Credit to or receive Leena Credit from other Users, against payment of any applicable Leena Fees and subject to any limits on the number of transfers or the amount of Leena Credit you can send and/or receive, which Fees and limits may be modified by Leena from time to time.
When transferring Leena Credit balance to another User, the amount transferred and the applicable Leena Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of Leena Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, Leena is merely enabling the transfer of Leena Credit balance and is no way responsible for the actions of the individual Users, including the reason for which Leena Credit is transferred by or to you.
You may be entitled to purchase bundles of Leena Credit (“Leena Bundles”) or you may receive trip discounts ("Trip Discounts") or service discounts (“Service Discounts”) that you can apply toward payment of certain Services.
Leena Bundles, Leena Credits, Trip Discounts and Service Discounts are only valid for use on the Leena Platform, and are not transferable or redeemable for cash and may only be used for certain Services. Leena Bundles, Trip Discounts and Service Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the trip.
Additional restrictions on Leena Bundles, Leena Credits, Trip Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. Leena may cancel, or vary the terms, relating to any Leena Bundles, Leena Credits, Trip Discounts or Service Discounts at any time in its sole discretion.
From time to time, Leena may offer you incentives to refer new Users to the Leena community (the “Referral Program”). These incentives may come in the form of Leena Credits, Trip Discounts and/or Service Discounts, and Leena may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
By becoming a User, you are part of the Leena Loyalty Program (the “Program”). Users will accrue points through using the Leena service and will have access to a number of services and benefits (“Rewards”) depending upon a given tier status. Points required to achieve a tier status may differ from market to market.
Users can earn or maintain tier status based on their usage of Leena services in any calendar month. Once a User attains tiered status, it will remain in effect for 2 consecutive months. Any points earned through the Program will expire automatically at the end of the following reward period after the date of their accrual. Each calendar year is comprised of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st.
Rewards are offered at the discretion of Leena and may change from time to time. Rewards and participating partners may differ from market to market and brands may be added or deleted at the sole discretion of Leena. By redeeming rewards you confirm that you agree to the terms of the Program.
Leena has the right to add, change, limit, modify or cancel Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, tier statuses, and Program partners, with or without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.
Leena may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards; and (6) change the rules governing the tier statuses, including but not limited to: rules to reach a tier status, duration and expiry rules of the tier status, benefits granted by reaching a given tier status.
Leena makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, timeliness, cost, quality or fitness of goods or services provided through the Program. If any participating Rewards partner improperly denies a User an accrual or benefit, Leena shall have no liability for the same.
The Program has no predetermined termination date and may continue until such time as Leena decides to terminate the Program, at any time, with or without notice. If the Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, no award claims or tier status benefits shall be honoured after the conclusion of any notice period.
Leena reserves the right to cancel a User’s access to the Program and revoke any and all unredeemed Leena Rewards points collected by any Member who appears to be using the Program in a manner inconsistent with the terms or intent of the Program or any portion thereof. For reasons that include, but are not limited to: 1) violation of these terms and conditions; 2) misrepresentation of any information or any misuse of this Program; 3) violation of any national, state or local law or regulation in connection with the use of this Program; 4) commission of fraud or abuse involving any portion of this Program; or 5) action, in any other way, to the detriment of the Program or any of its stakeholders; all as may be determined by Leena in its sole discretion.
Notwithstanding the foregoing, Program violations, fraud or abuse in relation to rewards points and credit, tier status or reward usage is subject to appropriate administrative and/or legal action by appropriate governmental authorities and/or by Leena including, without limitation, the forfeiture of all point transfers, rewards, tier status or award issued pursuant to point redemptions and any accrued points in your account, as well as cancellation of the account.
The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation Separate terms and conditions may apply to your reservation, purchase of goods and services, or rewards that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal. You understand that any violation of any such supplier's rules and restrictions may result in you being denied access to the applicable product or services, in your forfeiting any monies paid for such product or service.
4. Charges and Payments
As a User, you agree to pay any amounts charged by Leena (the “Leena Fee”) (if applicable in your jurisdiction) and amounts charged by Captainahs for providing Services to you (“Charges”). We accept Cash and payments online using Visa and MasterCard credit/debit card and Mada in SAR Currency (or any other agreed currencies).
After you have received Services from a Captainah, Leena: (i) may facilitate your payment of the applicable Charges on behalf of the Captainah as such Captainah’s limited payment collection agent and (ii) may collect any applicable Leena Fee directly from you or, in the case of a cash payment, from the relevant Captainah. Payment of the Charges and Leena Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Captainah or to Leena, as applicable. Charges and Leena Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and Leena Fees paid by you are final and non-refundable, unless otherwise determined by Leena, in this case, refunds will be done only through the original mode of payment. You retain the right to request lower Charges from a Captainah for Services received by you from such Captainah at the time you receive such Services (but not after the Service is underway or completed). Leena will respond accordingly to any request from a Captainah to modify the Charges for a particular Service.
All Charges and Leena Fees are due immediately and payment will be facilitated by Leena using the preferred payment method designated in your Account, after which Leena or a Captainah, as applicable, will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Leena may, on its own behalf, and as the Captainah’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Leena, Leena reserves the right to establish, remove and/or revise Leena Fees at any time in Leena ’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and Leena Fees applicable in certain geographical areas may increase substantially during times of high demand. Leena will use reasonable efforts to inform you of Charges and Leena Fees that may apply, provided that you will be responsible for Charges and Leena Fees incurred under your Account regardless of your awareness of such Charges or Leena Fees, as applicable, or the amounts thereof.
Repair or Cleaning Fees
You shall be responsible for the cost of for damage to, or necessary cleaning of, Captainah vehicles and property resulting from use of the Leena Platform under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Captainah reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Leena in Leena ’s reasonable discretion, Leena reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Captainah using any of your payment methods. Such amounts will be transferred by Leena to the applicable Captainah and are non-refundable.
5. Restricted Activities
With respect to your use of the Leena Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the Leena Platform or the servers or networks connected to the Leena Platform (v) post information or interact on the Leena Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the Leena Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Leena Platform (x) “frame” or “mirror” any part of the Leena Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Leena Platform or any software used on or for the Leena Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the Leena Platform or access to any portion of the Leena Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Leena Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Captainah shall be permitted to refuse to provide you Services or, if such Services have commenced, a Captainah shall be permitted to refuse to continue to provide you Services.
6. Disclaimers; Limitation of Liability; Indemnity
THE LEENA PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LEENA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LEENA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE LEENA PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE LEENA PLATFORM, OR THAT THE LEENA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. LEENA AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CAPTAINAHS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE LEENA PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Leena and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Captainah or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Captainahs or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or snatching or because the belongings are left a vehicle.
By using the Leena Platform and participating in the Services, you agree to accept such risks and agree that Leena is not responsible for the acts or omissions of Users, Captainahs, or any other third party.
You acknowledge that Leena may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that Leena is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
Leena and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the Leena Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Leena, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Leena Platform. Any of your information, including geolocational data, you upload, provide, or post on the Leena Platform may be accessible to Leena, selected partners and relevant Captainahs.
LIMITATION OF LIABILITY
LEENA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE LEENA PLATFORM OR SERVICES, EVEN IF LEENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LEENA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE LEENA PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE LEENA PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAINAH OR OTHER THIRD PARTY PROVIDER, EVEN IF LEENA OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LEENA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT CAPTAINAHS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL LEENA ’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE LEENA PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE LEENA PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH CAPTAINAHS BUT YOU AGREE THAT LEENA, ITS AFFILIATES, AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY CAPTAINAHS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Leena, its Affiliates, and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Leena Platform and the Services or services or goods obtained through your use of the Leena Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Captainahs.
7. General Rules on Competitions, Contests and Giveaways
Unless otherwise specified, Leena will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.
When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). Leena may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.
The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, Leena reserves the right to offer an alternative prize of equal or greater value if circumstances beyond Leena ‘s control make it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.
Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to Leena ’s communication within the communicated timeframe, Leena reserves the right to offer the prize to the next eligible Entrant. Leena will not be liable if the Prize does not reach the Competition Winner for reasons beyond Leena ’s reasonable control.
Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither Leena nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside Leena ’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL LEENA’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.
Leena reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then Leena shall have the sole discretion to decide finally on any such matter. Leena’s decision on any aspect of the Competition is final and binding and no correspondence will be entered into about it.
8. Dispute Resolution
Any dispute or claim arising out of or in connection with Leena platform shall be governed and constructed in accordance with the laws of Kingdom of Saudi Arabia.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Leena Platform or Services (collectively, "Disputes") will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Fast Tamkeen For Transportation LLC if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Leena are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Leena and/or any of its Affiliates.
Arbitration Process and Rules
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Leena Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
9. Other Provisions
Choice of Law
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Leena at legal@Leenacab.com
Leena may give notice by means of a general notice on the Leena Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Leena by written communication to Leena 's email address at legal@Leenacab.com
You may not assign or transfer your rights under this Agreement in whole or in part without Leena ’s prior written approval. You give your approval to Leena for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Leena ’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Leena or any Captainah as a result of the contract between you and Leena or use of the Leena Platform.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Leena will not deal or provide any services or products to any OFAC (Office of Foreign Assets Control) Sanctions countries in accordance with the law of Kingdom of Saudi Arabia.