Last modified: 6/26/2023
Captain ASK Privacy Notice
Terms and Conditions for the Captain Ask application
Please read these Terms carefully before accessing or using the Services
Your access to and use of the Services constitutes your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and the Captain Ask application. If you do not agree to these Terms, you may not access or use the Services, and these Terms specifically supersede any prior agreements or arrangements with you. Captain Ask may immediately terminate these Terms or any of the Services for you or generally stop offering the Services for you immediately or generally stop offering the Services or deny access to them or any part of them at any time and for any reason. Some supplemental terms may apply to certain services, such as policies for a particular event, activity or promotional campaign, and these supplemental terms will be disclosed to you in connection with the services provided. Supplemental Terms are in addition to the Terms for the purposes of the Services provided and are considered part thereof. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the Services provided. Captain Ask may amend the conditions related to services or supplementary conditions related to the service provided from time to time. Your continued access or use of the Services after the publication of such amendments shall constitute your agreement to be bound by the Terms as amended.
We collect personal data and use it in connection with the services in accordance with what is stipulated in the privacy policy of the Captain Ask application, which can be viewed following this link.
The Captain Ask application may provide the necessary information (including your contact information) to claims settlement companies, insurance companies, or any security or governmental agency in the event of a complaint, dispute, or disagreement, which may include an accident between you and an external service provider, where this information or data is necessary to settle the complaint, dispute, or disagreement.
Data collections and uses
A. The data we collectCaptain ASK collects data:
- provided by users to Captain ASK, such as during account creation
- created during use of our services, such as location, app usage, and device data
1. Data provided by users. This includes:
- User Profile Information: We collect data from Users when they create or update their Captain Ask account, and this may include their username, phone number, login name and password, address, profile photo, driver’s license and other documents issued by government agencies (which may Include ID numbers, date of birth, gender, and photo). This also includes vehicle or insurance information for drivers and delivery partners
Identity verification photos: This includes photos of users (such as selfies) and/or government-issued IDs (such as driver’s licenses or passports). These images may be used to verify the identity of the user,
2. Data created during use of our services. This includes:
Location Data (Driver and Delivery Partner):
We collect precise or approximate location data from the mobile devices of drivers and delivery partners when the Captain Ask app is launched in the front of the device (when the app is open and visible on the screen) or in the background of the device (when the app is open and not visible on the screen).
Location data (passengers and order recipients).
We collect precise or approximate location information from the mobile devices of riders and order recipients when they allow us to do so via their device settings.
- Ask Captain collects this data from the time of requesting a ride or delivery service until the end, and at any time during which the application is running in the interface of the device (when the application is open and visible on the screen).
- Riders and order recipients may use the Captain Ask app without enabling location data collection from mobile devices. However, this may affect certain features of the Captain Ask app. For example, a passenger who did not allow the collection of precise location data must manually enter the pickup address.
- Transactional Information: We collect transactional information related to the use of our Services, including the type of services requested or provided, details of the trip or request (such as date and time, requested pickup/pickup and drop off/drop off addresses, distance traveled, items ordered), and payment transaction information (such as name The restaurant or store and its location, the amount paid, and the method of payment).
- Device Data: We collect data about devices used to use our Services, including device models, device IP address or other unique device identifiers, operating systems and versions, software, language preferences, advertising identifiers, device motion data, and mobile network data.
When you use Captain ASK , you trust us with your personal data. We’re committed to keeping that trust. That starts with helping you understand our privacy practices.
This notice describes the personal data (“data”) we collect, how it’s used and shared, and your choices regarding this data. We recommend that you read this along with our privacy overview, which highlights key points about our privacy practices.
License
Subject to your compliance with these Terms, ASK grants you a limited, non-exclusive, non-sub licensable, non-transferable, revocable license to:
Access and use the Applications on your personal device only in connection with your use of the Services.
Access to and use any content, information and related materials that may be made available through the Services. In all these cases, the use is personal and non- commercial only. Any rights not granted in these Terms are reserved by Captain Ask and its licensors.
Restrictions
The following is not permitted:
Remove any copyright, trademark, or other proprietary logos from any part of the Services.
Reproducing, modifying, preparing derivative works from, distributing, licensing, renting, selling, reselling, transferring, publicly displaying, publicly performing, broadcasting, circulating or publishing in any other way except as permitted by the Captain Ask application.
Tampering with, reverse engineering or disassembling its code except as permitted by applicable laws.
Create a link to, duplicate or frame any part of the Services.
Create or cause the creation of any software or scripts for the purpose of scraping, indexing, deleting or otherwise exploiting any part of the Services or improperly overburdening or impairing the operation or functionality of any aspect of the Services.
Attempting to gain unauthorized access to the Services or damage any of its aspects or any of the systems and networks related to it.
The Services
The Services include a platform that enables users of Captain Ask mobile applications or websites available as part of the Services (each referred to as an “Application”) to manage and schedule transportation and/or logistics services with independent third party providers of such services including independent third party transportation providers and third party logistics providers are independent under agreement with Captain Ask or some of its subsidiaries (third party service providers). The Services are provided for your personal, non-commercial use only unless otherwise agreed by Captain Ask in a detailed written agreement with you and you acknowledge that Captain Ask does not provide transportation services or logistics services or act as Captain Ask transportation and that all transportation or logistics services are provided by independent third party contractors who are not employed by Captain Ask or its subsidiary services.
The provision of Services
Parts of the Services may be made available under the various brands of the Captain Ask application or ordering options related to transportation services or logistics services, including the types of transportation services referred to at the present time by (small, large, winch, and cargo) and the logistics ordering Brands, which are referred to at the present time by (Shop). You further acknowledge that the Services may be provided under these Brands or Order Options by or in connection with the following:
Some subsidiaries and affiliates of Captain Ask application.
Independent third party service providers including network transportation company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
Third Party Services and Content
The Services may be provided or accessed in connection with third party services and content (including advertising) that are not under the control of Captain Ask and you understand that different terms of use and privacy policies may apply to uses of third party services and content, and in no event shall it be liable for any third party service providers’ products or services. In addition, Captain Ask, Google Inc., Microsoft Corporation, BlackBerry and/or their respective international affiliates and subsidiaries are third party beneficiaries of this contract if you access the Services using Apps specifically designed for mobile devices running Apple IOS, Android, Microsoft, Windows and Blackberry respectively. These third party beneficiaries are not in this contract and are not responsible for failure to provide or support the Services in any way and your access to the Services using such devices is subject to the terms set forth in the third party beneficiary’s applicable terms of service.
Ownership
The Services and all rights related to them remain the property of Captain Ask or its licensors, and neither these Terms nor your use of the Services grant you any of the following rights:
Any rights to or in connection with the Services other than the limited license granted above.
To use or refer in any way to company names, logos, product and service names, trademarks, or service marks of Captain Ask or those of its licensors.
User and behavior requirements
The Service is not available for use by persons under the age of 18 and you may not authorize the use of your account to third parties nor may you allow persons under the age of 18 to obtain transportation and logistics services from third party service providers unless they are accompanied by you. You may not assign or transfer your account to any other person or entity and you agree to comply with all applicable laws when using the Services and may only use the Services for lawful purposes (for example, not to transfer illegal or dangerous materials). You shall not, in your use of the Services, cause harm, inconvenience, disturbance, or property damage to any third party service providers or third parties. In some cases, you may be required to provide identification 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 identification.
Text messages
By creating an account, you agree that the Services may send you certain informational text messages as part of the normal course of business in regard to your use of the Services. You have the right to refuse to receive text messages from Captain Ask at any time by sending a message to the e-mail and explaining that you do not wish to receive more messages, including the mobile number that receives these messages, and you acknowledge that refusing to receive text messages may affect your use of the services.
Applicable laws or regulations
You agree not to submit any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal or otherwise offensive. This is as determined by the Captain Ask application in its absolute discretion, whether this material is protected by law or not, and the Captain Ask application may review, monitor or remove user content at its absolute discretion at any time and for any reason without notifying you of such action, but it is not obligated to do so.
Network and device access
It is your responsibility to obtain the necessary network access data to use the Services. The data and messaging rates and charges of your mobile carrier may apply to you if you access or use the Services from a wireless device and you are responsible for those rates and charges and it is your responsibility to maintain and upgrade the appropriate equipment or devices that are necessary to access the Services, Applications and any updates thereof. Captain Ask does not warrant that the Services or any part thereof will work on any particular equipment or devices. In addition, the Services may suffer from malfunctions and delays inherent in the use of the Internet and electronic communications.
Payment
You understand that use of the Services may result in fees being charged to you for services or goods obtained from a third party service provider (the “Fees”). After you have received the Services or Goods obtained through your use of the Service, Captain Ask will facilitate the payment of applicable fees on behalf of the third party service provider as the third party service provider’s limited payment collection agent. Payment of fees in this manner shall be deemed effective as if the payment was made directly by you to the third party service provider. The Fees shall include applicable taxes as stipulated by law and all fees paid by you are final and non-refundable unless otherwise specified by the Captain Ask application. You reserve the right to request a reduction of fees from the Third Party service provider in exchange for services and goods. Accordingly, Captain Ask application will respond to any request from any third party service provider to modify the fees for a specific service or commodity. All fees are due with immediate effect and the payment process is facilitated through the Captain Ask application using your preferred payment method specified in your account, after which the Captain Ask application will send you a receipt via email. If the primary payment method that you set in your account is expired, invalid, or cannot be paid through, then you agree that Captain Ask, as the limited payment collection agent for the third party service provider, may use the secondary payment method in your account, if any. As agreed between you and the Captain Ask application, the Captain Ask application reserves the right to establish, cancel or revise fees for any or all services or goods obtained through the use of the Services at any time in the absolute discretion of the Captain Ask application. Moreover, you acknowledge and accept that applicable fees in certain geographic areas may be significantly increased during times of high demand and Captain Ask will use reasonable efforts to notify you of fees that may apply to you provided that you will be responsible for the fees incurred in your account regardless of your awareness of them or the respective amounts in this account. Captain Ask may from time to time provide users with promotional offers and discounts that may result
in varying amounts being paid to obtain the same services or goods or to obtain similar services and goods during the use of the Services. You agree that such promotional offers and discounts will not be applicable unless they are also made available to you in connection with your use of the Services or fees charged to you. You may choose to cancel your order for services or goods from a third party service provider at any time prior to its arrival and you may be required to pay a cancellation fee. This payment structure is intended to fully compensate the third party service provider for the services and goods provided, with the exception of taxi transportation services requested through the application. Captain Ask does not allocate any portion of your payment as a tip or gratuity to the third party service provider. Any statement made by Captain Ask on its website or in the application or marketing materials for Captain Ask that tips are voluntary, unconditional, or included in payments you make for services or goods provided. It is not intended to indicate that Captain Ask provides any additional payments to the third party service provider other than the amounts indicated above. You understand and agree that while you are free to make additional payments as a tip to any third party service provider who provides you with services and goods through the Service, you are under no obligation to do so. Tips are paid voluntarily. After you have obtained services and goods through the Service, you will have the opportunity to rate your experience and provide additional feedback regarding the third party service provider.
Repair or cleaning charges
You will be liable for the cost of repairing damage or necessary cleaning to the third party service provider’s vehicles and property arising from the use of the Services under your account in excess of damages resulting from normal wear and tear and necessary cleaning (repair or cleaning). In the event that the third party service provider reports its need for repair or cleaning, and the request for such repair or cleaning is approved by the application of Captain Ask at its reasonable discretion or by another security entity, then the application of Captain Ask reserves its right to facilitate the payment of a reasonable cost for this repair or cleaning on behalf of the third party service provider using the limited payment method in your account. Such amounts shall be transferred by Captain Ask to the relevant Service Provider and shall be non-refundable.
Disclaimer
The services are provided according to its condition and availability. The Captain Ask application disclaims its responsibility for all representations and warranties whether express or implied, or statutory, which are not expressly stated in these terms, including implied representations of marketability, fitness for a specific purpose, and non- infringement. In addition, the Captain Ask application does not make any representations, warranties or guarantees regarding the reliability, timeliness, quality, suitability or availability of the services or any part thereof or the goods required during the use of these services, Or regarding the uninterrupted or error-free services. Captain Ask does not guarantee the quality, suitability, safety, or ability of third party service providers. You hereby agree that the entire risk arising from your use of the Services or any of the services or goods ordered in connection with such use of the Services remains solely with you to the maximum extent permitted by applicable law.
Limitation of liability
Captain Ask shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including loss of profits, loss of data, injury, or arising in any way from the use of the services, even if you have advised Captain Ask of the possibility of such damages, and Captain Ask will not be responsible for any damages, liabilities or losses arising from:
Your use of, or reliance on, the Services or your inability to access or use the Services.
Any commercial transaction or relationship between you and any third party service provider even if Captain Ask has been advised of the possibility of such damages. Captain Ask shall not be liable for delays or breaches of performance arising from causes beyond the reasonable control of Captain Ask. You acknowledge that third party transportation providers for these services requested through some types of orders may provide ride-sharing or peer-to-peer transportation services, may not be professionally licensed or authorized.
You may use the services of the Captain Ask application to order and schedule transportation services or the delivery of goods or logistics services by third party service providers, provided that you agree that the Captain Ask application shall not bear any responsibility or liability to you in connection with any transportation services or the delivery of goods or logistics provided to you by these third party service providers except as expressly provided herein. The limitations of liability and disclaimers contained in this section are not intended to limit liability or alter your rights which cannot be excluded under applicable law as a customer.
General Provisions
You may not assign or transfer ownership of any of these terms in whole or in part without the prior approval of Captain Ask, including to any subsidiary, affiliate or acquirer of Captain Ask, its business or assets, or its successor company in the event of a merger. No joint venture, partnership, employment, or agency relationship will arise between you, Captain Ask, or any other third party service providers as a result of the contract between you and Captain Ask, or as a result of your use of the Services. In the event that any provision of these Terms is determined to be illegal, void or unenforceable in whole or in part, under any law, such provision or part of the provision shall be deemed not to be part of these Terms without any effect on the legality, validity or enforceability of the rest of the provisions of these Terms. In this case, the parties shall replace the unlawful, invalid or unenforceable provision / part of the provision with a legal, valid and enforceable provision / part of the provision, provided that it has an effect similar, to the maximum extent possible, to the replaced unlawful, invalid or unenforceable provision / part of the provision. Taking into account the content and purpose of these Terms, these Terms constitute the entirety of what has been agreed upon and understood between the two parties in relation to its subject matter, and it supersedes and replaces all previous and contemporary agreements and undertakings regarding the subject matter. In these Terms, the word “including” means including but not limited to.
Terms and conditions related to value added tax
General Provisions
These Terms and Conditions (Value Added Tax Terms) shall apply as of the date of their issuance and shall remain in force unless expressly terminated by Captain Ask application.
Your continued use of the Ask Captain application on or after the date of your receipt of these Value Added Tax Terms means your acceptance of these Value Added Tax Terms.
The terms used shall have the meanings stipulated in the General Conditions of Use above unless expressly defined differently in these Value Added Tax Terms.
In compliance with the instructions received from the General Authority for Zakat and Income, the value added tax is calculated on the total transportation fare at the prevailing rate. In the event that there is any change to these instructions and this change is applied retroactively, the Captain Ask application will seek to return the value-added tax from the amounts that may be increased later to the Captain Ask application by the General Authority for Zakat and Income in accordance with the provisions of the third item below.
Value added tax refund
The Captain Ask application does not provide any guarantees that the value-added tax amounts that are calculated on the entire transportation fee will be recovered from the General Authority for Zakat and Income or refunded to you.
Captain Ask has the right to deduct administrative expenses and other costs (including fines and any assessment of unpaid value-added tax) incurred by Captain Ask as a result of applying the instructions of the General Authority of Zakat and Income before refunding the remaining amount to you.
The value added tax amounts that will be returned to you will be added to the account in the form of a non-transferable and non-refundable credit. This credit is available for use in the Kingdom of Saudi Arabia only and expires one year after it is issued (unless you provide the Captain Ask application) and you agree that you are not entitled to a refund of value added tax in cash.
In the event that your account is closed and if the value added tax amounts are eligible for a refund, the Captain Ask application will send you via e-mail a voucher (the value of the value-added tax amounts that must be returned to you) that you can use on the Captain Ask application. In the event that your email address is not available in the Captain Ask application records (for the reason that you did not share this address with the Captain Ask application or for any other reason) the Captain Ask application will not seek to contact you and any refund of the amount of VAT will be made upon your request submitted in accordance with paragraph (5) below. Captain Ask will not be responsible for any voucher that is sent to the email address registered in the Captain Ask application records if this coupon is received and/or used by anyone other than you.
In the event that your account is closed if you are eligible for a value added tax refund and the Captain Ask application did not contact you according to paragraph (4) above, you can contact the Captain Ask application to recover the value added tax amounts. The amounts are refunded by issuing a voucher that you can use on the Captain Ask application. The Captain Ask application has the right to ask you to provide any documents (including receipts for the transportation services that you receive via email from the Captain Ask application or through the application) to prove your claim.
You agree that you will not request a value added tax refund from the Captain Ask application after 12 months have passed from the date on which you became aware of your possible entitlement to a value added tax refund.