Terms And Conditions

Terms And Conditions

• These Terms and Conditions include the general terms of use applicable to your use of Cabjak for Transport services via electronic Application

• Please read these Terms and Conditions carefully. They include information about your rights, obligations, and other important information regarding your use of the Cabjak for Transport services via electronic Application.

General Terms of Use

1. Contractual Relationship

These terms and conditions (hereinafter referred to collectively as the “Terms”) govern the access to and use of the application, websites, content, products, and services (collectively and individually referred to as the “Cabjak for Transport services via electronic Application”) provided by the application for individuals residing in Kuwait. The application is developed and made available by Cabjak for Transport services via electronic Application, a private limited liability company established in Kuwait, with its principal office located at (Sharq, Block 5, Plot No. 000041, Group Real Estate Investment Company Building, 18th Floor, Office 18, and Automated Address No. 21373842) and registered in the commercial register under number 531040. Please read these Terms carefully before obtaining or using the services.

Your access to and use of the application and its services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Cabjak for Transport services via electronic Application. If you do not agree to these Terms, you may not access or use the services.

These Terms expressly supersede any prior agreements or arrangements made with you. Cabjak for Transport services via electronic Application may immediately terminate these Terms or any of the services provided to you, or generally cease offering or deny access to the services or any part thereof, at any time and for any reason, and you shall have no right to claim against Cabjak for Transport services via electronic Application regarding the termination of these Terms or the services.

Supplemental terms may apply to certain services, such as specific policies for an event, activity, or promotional campaign. Such supplemental terms are in addition to these Terms and are considered a part of them. In the event of a conflict between the supplemental terms and these Terms, the supplemental terms shall prevail with respect to the applicable services.

Cabjak for Transport services via electronic Application reserves the right to modify the Terms related to the services at any time, in accordance with any new legislation that may be enacted. Continued use of the services constitutes your acceptance of these modifications. Such modifications shall become effective upon the publication of the updated Terms by Cabjak for Transport services via electronic Application on this website or the publication of the amended policies or supplemental terms related to the services provided.

Your continued access to or use of the services after such publication constitutes your consent to be bound by the amended Terms.

We collect and use personal data in connection with the services in accordance with the Privacy Policy of Cabjak for Transport services via electronic Application, which can be accessed via the following email (INFO@CABJAK.COM). Cabjak for Transport services via electronic Application may provide necessary information (including your contact information) to claims settlement companies or insurance companies in the event of a complaint, dispute, or incident involving you and a third-party service provider (including drivers from transportation companies), where such information or data is necessary for resolving the complaint, dispute, or incident.

2. Services

The services constitute a technology platform that enables users of mobile applications or websites of Cabjak for Transport services via electronic Application, which are made available as part of the services (each referred to as an “Application”), to arrange and schedule transportation and/or logistics services with independent third-party providers of such services. These include independent third-party transportation providers and independent third-party logistics providers under agreement with Cabjak for Transport services via electronic Application or certain of its affiliates (“Third-Party Providers”).

The services are provided for your personal, non-commercial use only, unless otherwise agreed in a separate written agreement with Cabjak for Transport services via electronic Application.

You acknowledge that Cabjak for Transport services via electronic Application does not provide transportation or logistics services and does not operate as a transportation company. All transportation or logistics services are provided by independent third-party contractors who are not employed by Cabjak for Transport services via electronic Application or any of its affiliates.

The application allows users to book transportation services. If a vehicle request is confirmed through the application, the user will be able to view all relevant driver information such as the driver’s photo, name, vehicle type, and phone number. The fare will be estimated if the destination is set by the user.

Trip fares may be updated or changed from time to time based on market pricing, traffic conditions, estimated versus actual time, and other economic variables. Cabjak for Transport services via electronic Application is not obligated to notify you of any fare increases.

3. Application License

Subject to your compliance with these Terms, Cabjak for Transport services via electronic Application grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to: (1) access and use the applications on your personal device in connection with your use of the services; and (2) access and use any related content, information, and materials made available through the services. In all cases, this license is for personal and non-commercial use only. Cabjak for Transport services via electronic Application and its licensors reserve all rights not expressly granted under these Terms.

4. Restrictions

By using the application, you acknowledge and agree that you may not: (1) remove any copyright, trademark, or other proprietary notices from any part of the services; (2) reproduce, modify, create derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, broadcast, transmit, or otherwise exploit the services except as expressly permitted by Cabjak for Transport services via electronic Application; (3) decompile, reverse engineer, or disassemble the services except as permitted under applicable law; (4) link to, mirror, or frame any portion of the services; (5) create or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services, or unduly burdening or hindering the operation and/or functionality of any aspect of the services; (6) attempt to gain unauthorized access to or impair any aspect of the services or their related systems or networks.

5. Service Provision

You acknowledge that certain parts of the services may be made available under different Cabjak for Transport services via electronic Application brands or service request options associated with transportation or logistics services (the “Logistics Service Request Options”).

You also acknowledge that the services may be made available under such brands or request options by or in connection with: (1) Certain subsidiaries or affiliates of Cabjak for Transport services via electronic Application; or (2) Independent Third-Party Providers, including drivers of transportation network companies, charter permit holders, or holders of similar transportation permits, licenses, or authorizations.

6. Third-Party Services and Content

The services may be made available or accessed in connection with third-party services and content (including advertising) that Cabjak for Transport services via electronic Application does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content.

Cabjak for Transport services via electronic Application does not endorse such third-party services and content and shall in no event be held responsible or liable for any products or services provided by third-party providers.

Additionally, Apple Inc., Google Inc., Microsoft Corporation, BlackBerry Limited, and/or their respective international subsidiaries and affiliates shall be third-party beneficiaries of this Agreement if you access the services using applications specifically designed for Apple iOS, Android, Microsoft Windows, or BlackBerry mobile devices, respectively. These third-party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the services in any way.

Your access to the services using these devices is subject to the terms set forth in the applicable third-party beneficiary’s terms of service.

7. Ownership

The services and all rights therein are and shall remain the property of Cabjak for Transport services via electronic Application or its licensors. These Terms and your use of the services do not grant you any rights: (1) in or to the services except for the limited license granted above; or (2) to use or reference in any manner the company names, logos, product and service names, trademarks, or service marks of Cabjak for Transport services via electronic Application or its licensors.

8. User Accounts

In order to use most aspects of the services, you must register and maintain an active personal user account ("Account"). You must be at least 21 years old or the legal age of majority in your jurisdiction to obtain an Account.

Account registration requires you to submit certain personal information to Cabjak for Transport services via electronic Application, such as your name, address, mobile phone number, age, and at least one valid payment method (e.g., a credit card or an approved payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so, including having an invalid or expired payment method, may result in your inability to access or use the services or in termination of these Terms by Cabjak for Transport services via electronic Application.

You are responsible for all activities that occur under your Account and agree to maintain the security and confidentiality of your username and password at all times. You may not maintain more than one Account unless otherwise authorized in writing by Cabjak for Transport services via electronic Application.

9. User Requirements and Conduct

The services are not available for use by persons under the age of 21. You may not authorize third parties to use your Account, nor may you allow persons under the age of 21 to receive transportation or logistics services from third-party providers unless they are accompanied by you.

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 services and may only use them for lawful purposes (e.g., no transport of illegal or hazardous materials).

While using the services, you agree not to cause nuisance, annoyance, inconvenience, or property damage, whether to third-party providers or any other party. Smoking or engaging in behavior that violates public decency or local laws inside the vehicle is prohibited.

You must comply with all traffic laws and safety regulations, such as wearing seat belts and not placing a child in the front seat. You are responsible for paying any traffic fines resulting from your violations of traffic or safety laws. You are also prohibited from harassing the driver or causing any danger to the driver, the vehicle, or any third party. The driver has the right to terminate the trip at any time if they experience harassment or perceive danger from you to themselves, the vehicle, or others.

The number of passengers must not exceed the legal capacity as per the Ministry of Interior (General Directorate of Traffic) regulations. You are solely responsible for paying any fines resulting from violations of traffic and safety laws, including failure to wear a seatbelt or placing a child in the front seat—not Cabjak for Transport services via electronic Application.

In some cases, you may be required to present proof of identity to access or use the services, and you agree that access may be denied if you refuse to provide such proof.

10. Text Messages

By creating an Account, you agree that the services may send you informational text (SMS) messages as part of the normal course of business regarding your use of the services. You may opt out of receiving such messages from Cabjak for Transport services via electronic Application at any time by sending an email to Cabjak for Transport services via electronic Application indicating your desire to stop receiving such messages and including the mobile number that is receiving the messages.

You acknowledge that opting out of receiving text messages may impact your use of the services.

11. Promotional Codes

Cabjak for Transport services via electronic Application may, in its sole discretion, create promotional codes that may be redeemed for account credit or other benefits or features related to the services and/or services provided by third-party providers, subject to any additional terms that Cabjak for Transport services via electronic Application establishes for each specific promotional code (“Promotional Codes”).

You agree that Promotional Codes: (1) must be used for the intended audience and purpose, and in a lawful manner; (2) may not be duplicated, sold, transferred, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Cabjak for Transport services via electronic Application; (3) may be disabled by Cabjak for Transport services via electronic Application at any time for any reason without liability; (4) may only be used pursuant to the specific terms established for such Promotional Code; (5) are not valid for cash; and (6) may expire prior to your use.

Cabjak for Transport services via electronic Application reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Codes by you or any other user if Cabjak for Transport services via electronic Application determines or believes that the use or redemption of the Promotional Code was in error, fraudulent, illegal, or in violation of the applicable Promotional Code terms or these Terms.

12. User-Generated Content

Cabjak for Transport services via electronic Application, at its sole discretion, may from time to time permit you to submit, upload, publish, or otherwise make available to Cabjak for Transport services via electronic Application through the services textual, audio, and/or visual content and information, including comments and feedback related to the services, support requests, and entries submitted for competitions and promotions ("User Content").

Any User Content you provide remains your property. However, by submitting User Content to Cabjak for Transport services via electronic Application, you grant the company a worldwide, perpetual, irrevocable, transferable, royalty-free license—along with the right to sublicense—to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or later developed (including in connection with the services and Cabjak for Transport services via electronic Application's business, as well as on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that (1) you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Cabjak for Transport services via electronic Application the license to the User Content as set forth above; and (2) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such content, nor Cabjak for Transport services via electronic Application's use of the User Content will infringe, misappropriate, or violate any third-party’s intellectual property rights, proprietary rights, or rights of publicity or privacy, nor result in the violation of any applicable law or regulation.

You agree not to submit any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cabjak for Transport services via electronic Application in its sole discretion, whether or not such material is protected by law. Cabjak for Transport services via electronic Application may, but shall not be obligated to, review, monitor, or remove User Content at any time and for any reason without notice to you.

13. Network Access and Devices

You are responsible for obtaining the data network access necessary to use the services. Your mobile network's data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device, and you are solely responsible for such charges.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and applications and any updates thereto. Cabjak for Transport services via electronic Application does not guarantee that the services, or any portion thereof, will function on any particular hardware or devices.

In addition, the services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

14. Payment

You agree to promptly pay all applicable fees incurred by your use of the application or the services obtained through the application upon completion of such services or as determined by Cabjak for Transport services via electronic Application. All fees and charges are non-refundable and are facilitated by Cabjak for Transport services via electronic Application using one of the following payment methods: cash, K-Net, or credit card.

Cabjak for Transport services via electronic Application may, from time to time, revise the fees applicable to your use of the application. You are responsible for reviewing the payment terms of Cabjak for Transport services via electronic Application on this page prior to requesting any service. Your continued use of the application constitutes your acceptance of the revised fees.

You understand that your use of the services may result in charges for services you receive from a third-party provider ("Charges"). After receiving services obtained through your use of the service, Cabjak for Transport services via electronic Application will facilitate payment of the applicable Charges on behalf of the third-party provider as their limited payment collection agent. Payment of the Charges in such manner shall be considered the same as if made directly by you to the third-party provider. Charges will include applicable taxes as required by law. All payments are final and non-refundable, unless otherwise determined by Cabjak for Transport services via electronic Application.

You further acknowledge and agree that if the vehicle is en route to the service recipient and the recipient delays more than five (5) minutes, the third-party provider may cancel the trip, and Cabjak for Transport services via electronic Application reserves the right to deduct 1 KWD from the user.

All Charges are due immediately and payment will be facilitated by Cabjak for Transport services via electronic Application using the preferred payment method designated in your account. A receipt will then be issued via the application. If your primary payment method is expired, invalid, or otherwise cannot be charged, you agree that Cabjak for Transport services via electronic Application, as the limited payment collection agent of the third-party provider, may use a secondary payment method in your account, if available.

As between you and Cabjak for Transport services via electronic Application, the company reserves the right to establish, remove, and/or revise Charges for any or all services obtained through the use of the services at any time in its sole discretion. Furthermore, you acknowledge and accept that Charges applicable in certain geographical areas may increase substantially during times of high demand.

Cabjak for Transport services via electronic Application may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the services or the Charges applied to you.

This payment structure is intended to fully compensate the third-party provider for the services provided. Except with respect to transportation services requested through the application from taxi service providers, Cabjak for Transport services via electronic Application does not designate any portion of your payment as a tip or gratuity to the third-party provider. Any statement by Cabjak for Transport services via electronic Application (on the website, in the application, or in marketing materials) to the effect that gratuities are “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Cabjak for Transport services via electronic Application provides any additional amounts to the third-party provider beyond those described above.

You understand and agree that while you are free to provide additional payment as a gratuity to any third-party provider who provides you with services through the service, you are under no obligation to do so. Gratuities are voluntary. After receiving services obtained through the service, you will have the opportunity to rate your experience and provide additional feedback regarding the third-party provider.

15. Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, third-party provider vehicles and property resulting from your use of the services under your account in excess of normal "wear and tear" and necessary cleaning (“Repair or Cleaning”). In the event that a third-party provider reports the need for Repair or Cleaning, and such request is verified and approved by Cabjak for Transport services via electronic Application at its reasonable discretion, Cabjak for Transport services via electronic Application reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the third-party provider using your designated payment method in your account. These amounts shall be transferred by Cabjak for Transport services via electronic Application to the applicable third-party provider and are non-refundable.

16. Disclaimers

The services are provided "as is" and "as available." Cabjak for Transport services via electronic Application disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, Cabjak for Transport services via electronic Application makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. Cabjak for Transport services via electronic Application does not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the services and any service requested in connection therewith remains solely with you, to the maximum extent permitted under applicable law.

Cabjak for Transport services via electronic Application is not responsible for the loss of any belongings left in the vehicle. It is also not responsible for ensuring that third-party providers deliver you to any location in Kuwait outside the designated route of the trip. The service recipient can track the trip route via the application. Additionally, Cabjak for Transport services via electronic Application bears no responsibility for any illegal items found in the vehicle or for any issues arising between third-party providers and the service recipient.

The company shall not be liable for any fees deducted from third-party providers, including but not limited to fees deducted by external companies offering payment solutions.

Cabjak for Transport services via electronic Application is committed to upholding the highest standards of privacy for customers’ personal information. By accepting this policy, you consent to the collection and use of your personal information solely in accordance with the Privacy Policy and in a limited, lawful manner.

17. Limitation of Liability

Cabjak for Transport services via electronic Application shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, arising from or related to your use of the application or services, even if Cabjak for Transport services via electronic Application has been advised of the possibility of such damages.

Cabjak for Transport services via electronic Application shall not be liable for any damages, liability, or losses arising out of: (1) your use of or reliance on the services or your inability to access or use the services; or (2) any transaction or relationship between you and any third-party provider, even if Cabjak for Transport services via electronic Application has been advised of the possibility of such damages.

Cabjak for Transport services via electronic Application shall not be liable for delay or failure in performance resulting from causes beyond its reasonable control.

You acknowledge that third-party transportation providers who provide services requested through certain service options may offer ridesharing or peer-to-peer transportation services. You may use the services of Cabjak for Transport services via electronic Application to request and schedule transportation or logistics services with third-party providers, but you agree that Cabjak for Transport services via electronic Application has no responsibility or liability to you related to any transportation or logistics services provided to you by third-party providers, except as expressly stated in these Terms.

18. Indemnification

You agree to indemnify and hold harmless Cabjak for Transport services via electronic Application, its officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to: (1) your use of the services or any goods or services obtained through the services; (2) your breach or violation of any of these Terms; (3) Cabjak for Transport services via electronic Application’s use of your user content; or (4) your infringement of the rights of any third party, including third-party providers. You shall fully indemnify and reimburse Cabjak for Transport services via electronic Application on behalf of Cabjak for Transport services via electronic Application for any claims or legal actions brought against Cabjak for Transport services via electronic Application by any third party arising out of your breach of these Terms.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed exclusively in accordance with the laws of the State of Kuwait. Any disputes, controversies, claims, or disagreements arising out of or relating to these services or these Terms, including matters concerning their validity, interpretation, or enforcement ("Dispute"), shall be subject to the exclusive jurisdiction of the courts of Kuwait.

20. Intellectual Property Infringement Claims

Claims of intellectual property infringement should be submitted to Cabjak for Transport services via electronic Application. Please visit Cabjak for Transport services via electronic Application’s website or contact via email at INFO@CABJAK.COM for the specific address and additional information.

21. Notices

Cabjak for Transport services via electronic Application may provide notices by posting a general notice regarding the services, by sending an email to the email address registered in your account, or by sending a written letter by regular mail to the address registered in your account. You may send notices to Cabjak for Transport services via electronic Application in writing via the email address INFO@CABJAK.COM.

22. General Provisions

You may not assign or transfer any of these Terms in whole or in part without the prior written consent of Cabjak for Transport services via electronic Application. However, you agree to grant your consent to Cabjak for Transport services via electronic Application to assign or transfer these Terms in whole or in part, including to: (1) any subsidiary or affiliate; (2) any acquirer of shares of Cabjak for Transport services via electronic Application or its business or assets; or (3) any successor entity in the event of a merger. No joint venture, partnership, employment, or agency relationship shall be created between you and Cabjak for Transport services via electronic Application or any third-party provider by virtue of the contract between you and Cabjak for Transport services via electronic Application or your use of the services.

If any provision of these Terms is found to be unlawful, void, or unenforceable, in whole or in part, under any applicable law, such provision or part thereof shall be deemed severed from these Terms without affecting the legality, validity, or enforceability of the remaining provisions. In such case, the parties shall replace the unlawful, void, or unenforceable provision/part with a valid, lawful, and enforceable provision/part having, to the maximum extent possible, a similar effect as the original provision/part, taking into account the subject matter and purpose of these Terms. These Terms constitute the entire agreement and understanding between the parties concerning their subject matter. You acknowledge and agree that the specified fees and charges apply to your use of the application ("Fees").