Hawaa Terms & Conditions
1. Acceptance of Terms
Your access to and use of the Services signifies your agreement to these Terms, establishing a binding relationship between you and Hawaa. If you do not accept these Terms, you are not permitted to access or use the Services. These Terms replace any previous agreements or arrangements you may have had with Hawaa. Hawaa reserves the right to terminate these Terms or any Services concerning you, or to stop offering or deny access to the Services or any part of them, at any time and for any reason.
Supplemental terms may apply to specific Services, such as policies for particular events, activities, or promotions, and will be communicated to you in relation to those Services. These supplemental terms are in addition to, and will be considered part of, the Terms for the relevant Services. In case of any conflict, the supplemental terms will take precedence over these Terms for those Services.
Hawaa may update the Terms related to the Services periodically. Changes will take effect when Hawaa posts the updated Terms or modifies policies or supplemental terms for the relevant Service. Your continued access to or use of the Services after such updates constitutes your agreement to the amended Terms.
Our collection and use of personal information related to the Services is outlined in Hawaa’s Privacy Policy, which can be found at Hawaa Privacy Policy. If there is a complaint, dispute, or conflict involving you and a Third Party, Hawaa may provide necessary information (including your contact details) to related authoritarian bodies such as and not limited to; an authorized claims processor, judicial authority or insurer.
2. The service
The Services consist of a technology platform that allows the “Customer” of Hawaa’s mobile applications or websites (each referred to as an “Application”) to arrange and schedule transportation of items and/or logistics services with independent third-party providers the “Drivers”, including transportation and logistics providers that have agreements with Hawaa or its affiliates. Unless otherwise specified in a separate written agreement with Hawaa, the Services are intended solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT HAWAA DOES NOT OFFER TRANSPORTATION OR LOGISTICS SERVICES AND DOES NOT ACT AS A TRANSPORTATION CARRIER. ALL TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY HAWAA OR ANY OF ITS AFFILIATES.
License
Subject to your compliance with these Terms, Hawaa grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the Application on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, exclusively for your personal, non-commercial use. All rights not expressly granted herein are reserved by Hawaa and its licensors.
Restrictions
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Hawaa; (iii) decompile, reverse engineer, or disassemble the Services except as permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause 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; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3. Use of Service
To use most aspects of the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different), to obtain an Account. Account registration requires you to provide Hawaa with certain personal information, including your name, address, mobile phone number, age, and at least one valid payment method (where applicable). You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so, including maintaining an invalid or expired payment method, may result in your inability to access and use the Services or may lead to the termination of these Terms with you by Hawaa. You are responsible for all activity that occurs under your Account, and you agree to keep your Account username and password secure and confidential at all times. Unless otherwise permitted by Hawaa in writing, you may only possess one Account.
User Requirements and Conduct
You acknowledge that you are of legal age that is at least 18 years. The Services are not permitted for use by individuals under the age of 18. You may not authorize third parties to use your Account, nor may you allow individuals under the age of 18 to receive transportation or logistics requests. You may not assign or 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 the Services in compliance with the law. Transport of unlawful and hazardous items or goods are prohibited entirely. Transport of prohibited items or goods include but not limited to; weapons, explosive and flammable items, illegal substances, currencies and precious metals and any items that may pose a risk to the driver or public safety. You will not cause nuisance, annoyance, inconvenience, or property damage to any party while using the Services. In certain instances, you may be required to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide such proof.
Promotional Codes
Hawaa may, at its sole discretion, create promotional codes that can be redeemed for Account credit or other features and benefits related to the Services, subject to any additional terms established for each promotional code (“Promo Codes”). You agree that Promo Codes: (i) must be used for their intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, transferred, or made available to the general public unless expressly permitted by Hawaa; (iii) may be disabled by Hawaa at any time for any reason without liability; (iv) may only be used according to the specific terms established by Hawaa for that Promo Code; (v) are not valid for cash; and (vi) may expire before you have a chance to use them. Hawaa reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes if it determines or believes that the use or redemption was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Network Access and Devices
You are responsible for obtaining the necessary data network access to use the Services. If you access or use the Services from a wireless-enabled device, your mobile network’s data and messaging rates may apply, and you will be responsible for these charges. Additionally, you are responsible for acquiring and updating compatible hardware or devices required to access and use the Services and Applications, including any updates. Hawaa does not guarantee that the Services, or any part thereof, will function on any specific hardware or devices. Furthermore, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Charges and Payments
Using the Services result in charges for the services of arranging and scheduling transportation of items and/or logistics services with the Drivers using the Application, (“Charges”). The Customer will complete the payment process of the applicable Charges to proceed with the Service request and Hawaa will facilitate the payment of the applicable Charges on behalf of the Driver, acting as the limited payment collection agent for that Driver. Charges will include any applicable taxes as required by law. Charges paid by the customer are final and non-refundable, unless otherwise determined by Hawaa. All Charges are due immediately and payment is mandatory to proceed with the Service request. Payment will be facilitated by Hawaa using the applied payment method designated in the Customer Account.
From time to time, Hawaa may offer certain Customers promotional offers and discounts that may result in different Charges for the same or similar services or goods. You agree that such promotional offers and discounts, unless made available to you, will not affect your use of the Services or the Charges applied to you.
Hawaa reserves the right to establish, remove, and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in its sole discretion.
4. Disclaimers; Limitation of Liability; Indemnity
Disclaimer
The Services are provided “as is” and “as available.” Hawaa disclaims all representations and warranties, whether express, implied, or statutory, not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Hawaa makes no representations, warranties, or guarantees regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, nor does it guarantee that the Services will be uninterrupted or error-free. Hawaa does not guarantee the quality, suitability, safety, or ability of the users. You agree that the entire risk arising from your use of the Services, and any services or goods requested in connection with them, remains solely with you to the maximum extent permitted by applicable law.
Limitation of Liability
Hawaa shall not be liable for direct, indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage arising from or related to any use of the Services, even if Hawaa has been advised of the possibility of such damages. Hawaa is not liable for any damages, liabilities, or losses arising from: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between the users, even if Hawaa has been advised of the possibility of such damages. Hawaa shall not be responsible for delays or failures in performance due to causes beyond its reasonable control. In no event shall Hawaa’s total liability to you in connection with the Services for all damages, losses, and causes of action exceed Ten Bahraini Dinars (10 BHD).
While the Customer may use Hawaa’s Services to request and schedule transportation of goods, or logistics services from the Drivers, the Customer agree that Hawaa has no responsibility or liability for any transportation, goods, or logistics services provided by the Drivers, other than as expressly stated in these Terms.
Indemnification
You agree to indemnify and hold Hawaa, along with its 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 Services or any services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Hawaa’s use of your User Content; or (iv) your violation of the rights of any third party.