General Terms for Drivers

2 views September 11, 2018 praisesunday 0

These General Terms set forth the main terms and conditions applying to and governing the agreement between you (hereinafter referred to as “you” or “Driver“) and Cabby Nigeria regarding usage of the Cabby Nigeria Driver’s App for the purpose of providing Transportation Services.

In order to provide Transportation Services via using the Cabby Nigeria App you must agree to the terms and conditions that are set forth below.

  1. DEFINITIONS

1.1. Cabby Nigeria (also referred to as “we“, “our” or “us“) – a private limited company incorporated and registered under the laws of Federal Republic of Nigeria with registration code

1.2. Cabby Nigeria Services – services that Cabby Nigeria provide you, including provision and maintenance of the Cabby Nigeria App and the Cabby Nigeria platform, client support, mediation of the payments and communication between you and the Customer or other similar support services as described in these General Terms or the Agreement.

1.3. Cabby Nigeria App –In the meaning of these General Terms, Cabby Nigeria App refers to the Cabby Nigeria Drivers App, which the Drivers use to receive and accept requests and manage Transportation Services.

1.4. Customer – a person requesting Transportation Services by using the Cabby Nigeria mobile application.

1.5. Driver or you – the person providing Transportation Services via the Cabby Nigeria App. Please note that you may register the account either as a legal or a natural person.

1.6. General Terms – the terms and conditions provided in this document.

1.7. Agreement – any agreement between you and Cabby Nigeria regarding the use of the Cabby Nigeria App. The Agreement consists of these General Terms, Privacy Policy, Drivers Guide and other additional terms and conditions or documents referred to herein or agreed in the future between you and Cabby Nigeria.

1.8. License – your right to use the Cabby Nigeria App and the Website in accordance with the Agreement.

1.9. Website – Cabby Nigeria’s website located at https://cabby.ng and any of its subpages, including the Cabby Nigeria Driver’s Portal.

1.10. Fare – the fee a Customer is obliged to pay you for provision of the Transportation Services.

1.11. Cabby Nigeria Fee – the fee you are obliged to pay to Cabby Nigeria for the right to use the Cabby Nigeria App. Cabby Nigeria Fee consists of a fee per each Customer order you have completed.

1.12. In-app Payment – a payment made by the Customer via the Cabby Nigeria App for the Transportation Services. The In-app Payment may be made by using bank/credit card, business, mobile carrier payment or any other electronic payment method enabled by Cabby Nigeria.

1.13. Cabby Nigeria Driver’s Portal – a portal containing relevant information and documents regarding your usage of the Cabby Nigeria App in course of provision of Transportation Services, including accounting documentation. You may access Cabby Nigeria Driver’s Portal at https://partners.cabby.ng

1.14. Transportation Services – the transportation service you are providing to the Customer whose request you have accepted via the Cabby Nigeria App.

  1. ENTRY INTO THE AGREEMENT

2.1. Prior to using the Cabby Nigeria App, you must sign up with Cabby Nigeria by providing the requested information in the signup application and uploading necessary documentation as required by Cabby Nigeria on the Website. Upon successful completion of the signup application Cabby Nigeria will provide you with a personal account accessible via the user name and password that you have chosen. By clicking the „Sign up” button located at the end of the signup application, you represent and warrant that:

  • 2.1.1. according to law you are entitled to enter into an agreement with Cabby Nigeria to use the Cabby Nigeria App for providing Transportation Service;
  • 2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein;
  • 2.1.3. all the information you have presented to Cabby Nigeria is accurate, correct and complete;
  • 2.1.4. you will not authorize other persons to use your account nor transfer or assign it to any other person;
  • 2.1.5. you will not use the Cabby Nigeria App for unauthorized or unlawful purposes and impair the proper operation of the Cabby Nigeria App;
  • 2.1.6. you will not copy or distribute the Cabby Nigeria App or other Cabby Nigeria content without the prior written permission from Cabby Nigeria;
  • 2.1.7. you will keep your Cabby Nigeria account accurate and profile information updated at all times;
  • 2.1.8. at all times you will fully comply with all laws and regulations applicable in the State you are providing Transportation Services, including (but not limited to) laws regulating passenger transportation services;
  • 2.1.9 you are neither an employee nor an agent of Cabby Nigeria
  • 2.1.10 You are obliged to satisfy all mandatory requirements prior to account activation
  • 2.1.10. you fully agree with the Privacy Policy of Cabby Nigeria provided on the Website

2.2. You are obliged to provide your own bank requisites in the course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. Cabby Nigeria is transferring In-app Payment fees to the bank account you have provided. Cabby Nigeria is not liable for any incorrect money transactions in case you have provided wrong bank requisites.

2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to provide Transportation Services. These conditions may include providing criminal records, valid driving license, satisfying certain technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions will result in termination of the Agreement and right to use the Cabby Nigeria App.

2.4. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in your payment details (as accessible on the Driver’s Portal). In such case the indicated legal person is considered to be the provider of Transportation Services and a party to these General Terms as well as any further documents of the Agreement. Regardless of the above, only the specific natural person indicated in the signup process may factually provide the Transportation Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES UNDER ONE CABBY NIGERIA ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE AGREEMENT CONDUCTED BY THE DRIVER.

  1. YOUR RIGHT TO USE THE CABBY NIGERIA APP AND THE WEBSITE

3.1. The Cabby Nigeria App. The Cabby Nigeria App allows you to receive requests from the Customers interested in using Transportation Services, which you can either accept or ignore at your own choosing. For additional information about the Cabby Nigeria App please refer to the Website.

3.2. License to use the Cabby Nigeria App and the Website. Cabby Nigeria hereby grants you, subject to the provisions of the Agreement, a non-exclusive, non-sub licensable, non-transferable License to use the Cabby Nigeria App and the Website according to the terms referred to herein.

3.3. In course of using the Cabby Nigeria App and/or the Website you may not:

  • 3.3.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Cabby Nigeria App and/or the Website;
  • 3.3.2. modify the Cabby Nigeria App or Website in any manner or form or to use modified versions of the Cabby Nigeria App or Website;
  • 3.3.3. transmit files that contain viruses, corrupted files, or any other similar Cabby Nigeria App or programs that may damage or adversely affect the operation of another person’s computer, Cabby Nigeria Services, Website, Cabby Nigeria App or hardware, or telecommunications equipment;
  • 3.3.4. attempt to gain unauthorized access to the Cabby Nigeria App, Website or any other Cabby Nigeria Services.
  • 3.4. In order to use the Cabby Nigeria App and Website you are obliged to pay Cabby Nigeria Cabby Nigeria Fee as described in section 5 of these General Terms.

3.5. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Cabby Nigeria App and Cabby Nigeria is entitled to block and delete your account without a prior notice.

3.6. Using Driver’s forum and other Website content. Cabby Nigeria may grant you access to Driver’s forum and other content accessible via the Website. You may not publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content. Cabby Nigeria may restrict your access to the forums or Cabby Nigeria App, if you infringe the aforementioned obligations.

3.7. Using tags and labels of Cabby Nigeria. Additionally, Cabby Nigeria may give you tags, labels, stickers or other signs that refer to Cabby Nigeria or otherwise indicate that you are using the Cabby Nigeria App. Cabby Nigeria grants you a non-exclusive, non-sub licensable, non-transferable license to use such signs and only for the purpose of indicating that you are providing Transportation Services via using the Cabby Nigeria App. After termination of the Agreement you must immediately remove and discard any signs that refer to Cabby Nigeria or its brand.

3.8. All copyrights and trademarks related to Cabby Nigeria, including source code, databases, logos and visual designs are owned by Cabby Nigeria and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Cabby Nigeria App, Website or any other Cabby Nigeria Services you do not acquire any rights of ownership to any intellectual property of Cabby Nigeria.

  1. PROVIDING THE TRANSPORTATION SERVICES

4.1. Your Obligations. You hereby guarantee to provide Transportation Services in accordance with the Agreement as well as laws and regulations applicable in this State where you are providing Transportation Services. Please note that you are fully liable for any violation of any local or international laws and regulations as may arise from providing Transportation Services.

4.2. You must, among else, have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. Cabby Nigeria reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications as well as their renewals.

4.3. You must abide by the traffic regulations at all times. This means, among else, that you may not operate the Cabby Nigeria App while driving and your car must be fully parked while interacting with the Cabby Nigeria App.

4.4. You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer’s request in the best interest of the Customer. Among else, you (i) must take the route least costly for the Customer, unless the Customer explicitly requests otherwise; (ii) may not make any unauthorised stops; and (iii) may not have any other passengers in the vehicle other than the Customer and the people accompanying the Customer.

4.5. You retain the sole right to determine when and for how long you are providing the Transportation Services.

4.6. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smart device, mobile data plan, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Cabby Nigeria App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.

4.7. Fares. You are entitled to charge a fare for each instance you have accepted a Customer via the Cabby Nigeria App and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific travel as determined by the GPS-based device and the duration of the specific travel. Please bear in mind that the default base fare is the recommended fare as presented in the Cabby Nigeria App. The default base fare may fluctuate based on the local market situation. You may negotiate a Fare that is lower than the default base fare by sending Cabby Nigeria a pertinent request. All such requests shall be considered in good faith. Additionally, you shall always have the right to charge the Customer less than the Fare indicated by the Cabby Nigeria App (however, please note that charging the Customer less than the Cabby Nigeria App indicates does not decrease the Cabby Nigeria Fee).

4.8. Cabby Nigeria may adjust your fare for a particular order completed, if we detect a violation (such as taking a longer route or not stopping the fare meter of the Cabby Nigeria App after the Transportation Service has been completed) or in case a technical error affecting the final fare is identified. Cabby Nigeria may also reduce or cancel the fare in case we have reasonable cause to suggest a fraud or a complaint by the Customer indicates a violation by you. Cabby Nigeria will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.

4.9. Customer may pay the fare for the Transportation Service either directly to you or via the In-app Payment as described in section 6 of these General Terms. In case the Customer pays the Fare directly, it is your obligation to collect the Fare. In case the Customer fails or refuses to pay, Cabby Nigeria will help you with collecting the Fare due, however Cabby Nigeria has no obligation to compensate the Fare.

4.10. Receipts. After each successful provision of Transportation Services, Cabby Nigeria shall create a receipt consisting of the route, fare, time and other relevant information of a particular ride.  You will be able to access the receipt of each ride from Cabby Nigeria Driver’s Portal. Any corrections that you wish to make to fare calculation must be submitted via Fare Review application accessible on the Cabby Nigeria App. In case Fare Review has not been submitted, Cabby Nigeria  shall have no obligation to recalculate the fare and reimburse you any error in fare.

4.11. Penalties. In case the Customer cancels the request for Transportation Services after 3 minutes or does not show up, Cabby Nigeria shall have the right to request a penalty from such Customer. Cabby Nigeria shall request such penalty only in case of negligent behaviour from the Customer and shall have the full discretion in deciding whether to collect the penalty or not. In case Cabby Nigeria collects the penalty, it will keep Cabby Nigeria Fare and the rest of the penalty collected shall be forwarded to you within 14 (fourteen) days as of its collection.

4.12. If, in the course of receiving Transportation Service, a Customer or its co-passengers negligently damage your vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you have the right to request the Customer to pay a penalty of ₦10,000 and request compensation for any damages exceeding the penalty. If the Customer does not consent to paying the penalty and/or compensating the damage, you must notify Cabby Nigeria of the matter at hand. Any such notification must be presented to Cabby Nigeria within 24 hours and be accompanied with pictures or other sufficient proof of damages. Cabby Nigeria will then try to collect penalty and/or relevant costs on your behalf from the Customer. However, please bear in mind that Cabby Nigeria is not taking any liability for direct or indirect damages caused by Customers. Also bear in mind that you are not to engage in any fisticuffs with a Customer due to any damage, which must have been done to your vehicle by a Customer.

4.13. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (if applicable) (i) acquiring a valid VAT number; (ii) paying income tax, social security tax or any other tax applicable; and (iii) fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of Transportation Services as required by the applicable law. Additionally, it is your obligation to provide Cabby Nigeria with all relevant tax information, including (among else) your VAT number. Please note that Cabby Nigeria may in its reasonable discretion and based on applicable tax law, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information directly to the applicable governmental tax authorities on your behalf.

4.14. Your authorisation to issue invoices. If you are using the Cabby Nigeria account as a business entity, you hereby authorise Cabby Nigeria to issue itself an invoice on your behalf in order to compensate you for any expenses, referral fees, contractual penalties or other fees that you are due from Cabby Nigeria. Upon its issuance, the invoice will be immediately made available to you via the Driver’s Portal.

  1. CABBY NIGERIA FEES

5.1. In order to use the Cabby Nigeria App, you are obliged to pay to Cabby Nigeria a fee (i.e. the Cabby Nigeria Fee). The Cabby Nigeria Fee is paid based on the Fare of each Transportation Service order you have completed. The amount of the Cabby Nigeria Fee is made available to you via e-mail, Cabby Nigeria App, Driver’s Portal or other pertinent means. Please acknowledge that the Cabby Nigeria Fee may change from time to time. Cabby Nigeria shall send you a prior notification of each such change.

5.2. You must pay the Cabby Nigeria Fee and any other fees due to Cabby Nigeria for the previous week at latest by the Tuesday of the following Week. Upon delay with payment of the Cabby Nigeria Fee, you are obliged to pay a penalty of late payment in the amount of 0.04% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by Cabby Nigeria, which are related to debt collection activities.

  1. IN-APP PAYMENTS

6.1. Cabby Nigeria may enable its Customers a possibility to pay for the Transportation Service via bank card, Business or mobile carrier payment directly in the app (i.e. In-app Payment). You hereby authorise Cabby Nigeria to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Fares, applicable taxes or other fees paid by the Customer via In-app Payment. You additionally agree that any payments made by the Customers via the In-app Payment shall be considered the same as payments made directly to you.

6.2. You may not refuse payment by the Customer via the In-app Payment, or influence the Customer against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, Cabby Nigeria shall be entitled to charge you a contractual penalty in the amount of ₦4000 for every refusal and/or block your right to use the Cabby Nigeria App in case of repetitive behaviour.

6.3. Cabby Nigeria will regularly transfer the amounts collected as In-app Payments, which have been credited to the Cabby Nigeria’s bank account in the preceding week, to your bank account by Tuesday of the following week, but in no case later than within a week. The Cabby Nigeria Fee shall be deducted from your Fare. If you request a review of the In-app Payment, then Cabby Nigeria may transfer the amounts collected after it has concluded the review.

6.4. You are entitled to review In-app Payment reports in the Cabby Nigeria Driver’s Portal. Cabby Nigeria will send weekly In-app Payment & Driver’s account balance to your e-mail. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Cabby Nigeria Fee. The reports will be sent weekly.

6.5. Please note that Cabby Nigeria is not obliged to pay you the Fare due from the Customer if the In-app Payment failed because Customer’s credit card or mobile payment is cancelled or is unsuccessful for reasons not attributable to Cabby Nigeria. In such case we will help you in requesting the Fare due from the Customer, and shall transmit it to you once the Customer has made the requested payment.

6.6. Before rendering Transportation Services, you must verify that the service is being actually provided to the Customer or that the Customer has expressly confirmed that it allows the passenger to ride under its account. If you make a mistake in identifying the Customer, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services, Cabby Nigeria shall reimburse the Customer for the Fare. In such case you are not entitled to receive the Fare from Cabby Nigeria. Additionally, for every wrongfully applied In-app Payment Cabby Nigeria shall be entitled to charge you a contractual penalty up to ₦4000.

6.7. You hereby warrant that you understand that In-app Payment does not supersede the requirements established by the laws and regulations, e.g. your obligation to provide the Customer with a receipt printed out on the printer.

6.8. You must notify Cabby Nigeria of any important circumstances which may affect Cabby Nigeria’s obligations to collect and distribute the Fares paid via In-app Payment.

6.9. Please note that Cabby Nigeria may set off any Fares paid via In-app Payment against the Cabby Nigeria Fees that you are obliged to pay to Cabby Nigeria.

  1. CUSTOMER SUPPORT

7.1. As one of our services, we may provide you customer support regarding using the Cabby Nigeria App. The customer support will be provided by Cabby Nigeria as listed on the Website (https://cabby.ng). Please note that Cabby Nigeria has the right to stop providing the customer support services in case you are in delay with any of your payments to Cabby Nigeria  for more than 3 (three) calendar days.

  1. RATINGS AND ACTIVITY

8.1. In order to guarantee high-quality service via the application provided by Cabby Nigeria and provide additional reassurance to our Customers, you hereby acknowledge that the Customers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Cabby Nigeria account and available to Customers when requesting Transportation Services. The Customer is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a particular rating or comment to not be in good faith, we may remove it.

8.2. In addition to the rating, Cabby Nigeria measures your level of activity and provides you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service orders.

8.3. You hereby acknowledge that in order to provide reliable services to Customers, Cabby Nigeria may determine a minimum average rating and a minimum activity score that all Drivers must establish and maintain. If, after a pertinent notification from Cabby Nigeria, you do not increase your average rating or activity score above the minimum within the prescribed time period, your Cabby Nigeria account will be automatically suspended either temporarily or permanently. Cabby Nigeria may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.

  1. MARKET OVERVIEWS AND CAMPAIGNS

9.1. Market overviews. Cabby Nigeria may send you, via the Cabby Nigeria App, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Customer is highest. Please note that such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, Cabby Nigeria cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.

9.2. Campaigns promising minimum income. Cabby Nigeria may also provide campaigns, whereby Cabby Nigeria will guarantee a minimum income if you provide Transportation Services within a specified timeframe and shall compensate the gap, if you do not reach such minimum. The specific requirements and conditions will be sent from Cabby Nigeria via the Cabby Nigeria App, SMS, e-mail or other means. Cabby Nigeria has full discretion in deciding if, when and to which Drivers it enables such campaigns. If Cabby Nigeria has reasonable cause to suspect any fraudulent activity by you, it may withhold your Fare until the suspicion of fraud has been cleared.

9.3. Campaigns for Customers. Cabby Nigeria may also occasionally arrange various campaigns to Customers in order to market the Cabby Nigeria applications, whereby the Fare paid by the Customer is reduced. In such case Cabby Nigeria will notify you about specific campaign terms and in most cases shall pay you compensation, amounting to the monetary value of the benefit offered to the Customer (i.e. difference between the amount that the you should have received and actually receive due to the marketing campaign). Such compensation shall be paid you concurrently with payment of the Fares. Cabby Nigeria may set off the marketing compensation against the Cabby Nigeria Fee.

9.4. Cabby Nigeria may also carry out other campaigns for Drivers and/or the Customers under the terms accompanying the specific campaign.

  1. RELATIONSHIP BETWEEN YOU, CABBY NIGERIA AND THE CUSTOMERS

10.1. You hereby acknowledge that by providing Transportation Services to the Customers, you and the Customer are bound by a service contract, to which Cabby Nigeria is not a party.

10.2. Cabby Nigeria  does not control or direct your provision of Transportation Services. You have the sole right to decide when and for how long to utilize the Cabby Nigeria App and whether to accept the Customer’s request received via the Cabby Nigeria App. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.

10.3. You hereby acknowledge and agree that Cabby Nigeria is merely provider of the Cabby Nigeria App and its supporting services and do not provide transportation services. By providing the Cabby Nigeria App, Cabby Nigeria  act as facilitator of transportation service between you and the Customer. Cabby Nigeria may also act as your commercial agent by collecting and forwarding the payments made by Customers for the Transportation Services via the In-app Payment.

10.4. You and Cabby Nigeria hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Cabby Nigeria. The parties also agree that no joint venture or partnership exists between you and Cabby Nigeria. You may not act as an employee, agent or representative of Cabby Nigeria nor bind them to any contract.

10.5. If due to the implication of mandatory laws or otherwise, you are deemed as an employee of Cabby Nigeria, you hereby agree to indemnify, defend and hold Cabby Nigeria harmless from and against any claims by any person, entity, regulator or governmental authority based on such implied employment relationship.

  1. PROCESSING OF PERSONAL DATA

11.1. Processing your personal data. Cabby Nigeria collects your personal data such as name, address, telephone number, e-mail address, vehicle information, license plate number and location based information in order to enable the intended functioning of the Cabby Nigeria App and provide you and our Customers Cabby Nigeria Services. We may also request you to provide your driver’s license and criminal or other necessary records, in order to identify whether you have qualifications for pursuing this professional activity and safeguarding the contractual relations associated with the Cabby Nigeria Services. We disclose your personal data to other third parties only for the purposes of providing Cabby Nigeria Services.

11.2. You may at all times request to see, update or remove your personal data. However, please note that if you request to remove your personal data, Cabby Nigeria may have to terminate your right to provide Transportation Services. After you delete your Cabby Nigeria account, Cabby Nigeria shall delete your personal data, but not before six (6) months has passed as of deleting your account (in case any contractual issues come forth). Certain personal data may be kept for a longer period of time, if so required by the applicable law.

11.3. Transmitting your geo-location and other information to Customers. In order to provide Cabby Nigeria Services, we collect your geo-location information while you are using the Cabby Nigeria App. This means that we monitor and track your geo-location and may share your current location via the Cabby Nigeria application to the Customers in order to provide them the Cabby Nigeria Services. Additionally, we will provide Customers your name, vehicle information and license plate number for your identification and safety reasons. If you would like your geo-location data and other aforementioned information not to be available to Customers, you must close the Cabby Nigeria App or indicate in the Cabby Nigeria App that you are currently not looking to provide Transportation Services.

11.4. Your right to process personal data of Customers. You may not process the personal data of the Customers without the permission of Cabby Nigeria. You may not contact any Customer or collect, record, store, grant access, use or cross-use the personal data provided by the Customers or accessible to you via the Cabby Nigeria App for any reason other than for the purposes of fulfilling the Transportation Service request.

11.5. Cabby Nigeria is the chief processor which processes personal data of you and the Customers. You act as an authorised processor for the Customer data that Cabby Nigeria makes available to you. In processing Customer’s data, you must oblige with the procedure, manner of and conditions for processing personal data are provided in the Privacy Policy of Cabby Nigeria. In case you violate any of these privacy protection provisions, Cabby Nigeria can terminate the Agreement without notice and claim all costs and potential damages (including brand reputation) related to your infringement of the aforementioned obligations.

11.6. In the event that we receive a complaint from a Customer, which has an element of the commission of a crime by you, we shall promptly make a formal complaint to the Nigeria Police Force against you and shall suspend your Cabby Nigeria account pending the conclusion of the investigation of the allegations contained in our petition by the Nigeria Police Force. The block of access will be removed once the Nigeria Police Force’s investigation disproves such suspicions.

  1. LIABILITY

12.1. The Cabby Nigeria App is provided on an “as is” and “as available” basis. Cabby Nigeria do not represent, warrant or guarantee that access to Cabby Nigeria App will be uninterrupted or error free. As the usage of Cabby Nigeria App for requesting transportation services depends on the behavior of Customers, Cabby Nigeria do not guarantee that your usage of the Cabby Nigeria App will result in any Transportation Service requests. Cabby Nigeria is not liable for the proper functioning of the Cabby Nigeria App and any loss or damage that you may incur as a result.

12.2. To the maximum extent permitted under the applicable law, Cabby Nigeria, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Cabby Nigeria App, including but not limited to:

  • any direct or indirect property damage or monetary loss;
  • loss of profit or anticipated savings;
  • loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
  • loss or inaccuracy of data;
  • injury or loss of life to a third party or customer arising from your usage of the Cabby Nigeria App and
  • any other type of loss or damage.

12.3. For avoidance of doubt Cabby Nigeria does not guarantee the submission of requests by the Customers and can in no way be considered as a person acting on behalf or in the name of the Customer. Cabby Nigeria will strive to remove unwelcomed users of the Cabby Nigeria App. However, Cabby Nigeria is not liable for the actions or non-actions of the Customers or their co-passengers using the Cabby Nigeria App and shall not be liable for any loss or damage that you may incur as a result of actions or non-actions of the Customers or their co-passengers.

12.4. Please note that you are fully liable for breach of the Agreement and/or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Cabby Nigeria or any state or other authority.

12.5. You are fully liable and shall indemnify Cabby Nigeria for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Cabby Nigeria or representatives may incur in connection with your breach of the Agreement and/or claim by a third party (including the Customer) directly or indirectly related to provision of Transportation Services. Should any of the Customers present any claims against Cabby Nigeria in connection with your provision of Transportation Services, then you shall compensate such damage to Cabby Nigeria in full within 7 (seven) days as of your receipt of the respective request from Cabby Nigeria.

12.6. You are obliged to comply with all tax obligations you may incur in relation to fulfilling your obligations arising from the Agreement or providing Transportation Services. You shall indemnify Cabby Nigeria from all tax liabilities, duties, levies, claims and penalties that it incurs as a result of your failure to comply with your tax obligations (including, but not limited to, failure to pay income tax or social security tax).

12.7. In case Cabby Nigeria is entitled to present any claims against you, then you shall compensate Cabby Nigeria any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.

  1. TERMS AND TERMINATION

13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application located on the Website. Each other document that is part of the Agreement shall enter into force once the specific document has been made available to you and you commence or continue providing the Transportation Services, unless prescribed otherwise in the Agreement.

13.2. You may terminate the Agreement at any time by notifying Cabby Nigeria at least 7 (seven) days in advance, after which your right to use the Cabby Nigeria App and Cabby Nigeria Services shall terminate. The Agreement will also terminate upon the deletion of your Cabby Nigeria account.

13.3. Cabby Nigeria may terminate the Agreement at any time and for any reason at the sole discretion of Cabby Nigeria by notifying you at least 3 (three) days in advance.

13.4. Cabby Nigeria is entitled to immediately terminate the Agreement and block your access to Cabby Nigeria App without giving any advance notice in case you breach the Agreement, any applicable laws or regulations, disparage Cabby Nigeria or cause harm to Cabby Nigeria’s brand, reputation or business as determined by Cabby Nigeria in its sole discretion. In the aforementioned cases Cabby Nigeria may, at its own discretion, prohibit you from registering a new account or take other necessary steps to stop you from providing Transportation Services.

13.5. Cabby Nigeria may also immediately block your access to the Cabby Nigeria App and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. Cabby Nigeria shall only use the right described herein in good faith.

13.6. Cabby Nigeria is aiming to provide the highest quality service to all Customers and is monitoring the activity of Drivers in its system. If you fail to meet the minimal service requirements, such as the obligation to possess a certain minimal rating and activity score, Cabby Nigeria is entitled to immediately terminate the Agreement without giving any advance notice.

  1. AMENDMENTS

14.1. Cabby Nigeria has the sole right to make changes to any of the documents forming part of the Agreement. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, Cabby Nigeria App or Driver’s Portal and you have continued to provide Transportation Services, unless prescribed otherwise in the Agreement.

14.2. In order to amend the General Terms, Cabby Nigeria shall post a revised version of the Agreement on the Website and give you at least 14 (fourteen) days prior notice. If you continue to use the Cabby Nigeria App, you shall be deemed to have accepted the revised conditions.

  1. APPLICABLE LAW AND COURT JURISDICTION

15.1. The Agreement shall be governed by, and construed and enforced in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.

15.2. Any dispute that may arise in connection with this Agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this Agreement could not be settled by the negotiations, then the dispute will be finally solved by the appropriate Court in the Federal Republic of Nigeria.

  1. CONTACT INFORMATION

16.1. You are obligated to immediately notify Cabby Nigeria of any changes of your contact information and guarantee to keep the contact information accurate and up to date.

16.2. The contact information of Cabby Nigeria is available at the Website.

  1. FINAL PROVISIONS

17.1. If any provision of the Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.

17.2. You may not assign the Agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement.

17.3. Any notice required to be given under this Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Cabby Nigeria’s Driver’s Portal or Cabby Nigeria App. Any notice which is sent or dispatched in accordance with this clause 17.3 shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Cabby Nigeria’s Driver’s Portal or the Cabby Nigeria App, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.

Date of entry into force of the General Terms: 10.09.2018.

Cabby Nigeria

 

 

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