Terms and Conditions

Passenger Terms & Conditions of Service

AfroCab Nigeria Ltd provides a software application called AfroCab that lets taxi drivers, passengers and other taxi industry members see each other’s location on a map and connect in real-time. Our service is designed to give you as much control and ownership over your taxi experience as possible and generally help passengers and drivers connect more efficiently. However, you must be responsible for your use of the service and your own behaviour as a taxi driver, passenger or taxi industry member. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others.

If you have any questions or feedback on our service you can contact us at support@getafrocab.com

1. Your Use of AfroCab

1.1 You can only use AfroCab where you have registered to do so.

1.2 You agree:

1.2.1 and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the AfroCab app;

1.2.2 your use of AfroCab grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to AfroCab software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the AfroCab services in accordance with these Terms;

1.2.3 that you will not use AfroCab: for any unlawful purpose; in any way that interrupts, damages, impairs or renders AfroCab less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services;

1.2.4 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;

1.2.5 and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of AfroCab. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or website;

1.2.6 that you will comply with all applicable laws;

1.2.7 to make payment in full to any taxi drivers introduced to you through AfroCab for any services provided by such driver to you (although you may choose to use the AfroCab app to facilitate such payment);

1.2.8 to treat taxi drivers introduced to you through AfroCab with respect and not to cause damage to their taxi;

1.2.9 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

1.3 Please note that we are not responsible for the behaviour, actions or inactions of drivers of taxis which you may use (through AfroCab or otherwise). Any contract for the provision of taxi services is between you and the driver and not AfroCab and we simply provide a platform to introduce drivers and passengers.

2. CHARGES AND PAYMENT

2.1 It is free to generally use the AfroCab app and website and you will not be charged a commission for using the service.

2.2 We accept cash payments for all rides. We are currently working on electronic payments through the AfroCab app or with one of our third party partners. In the future, if you choose to pay for a taxi ride through AfroCab then such payment will be taken automatically at the end of the journey using the card details you registered with us. You agree that we may undertake authorization checks on that card when you first join as well as when you take an AfroCab taxi.

2.3 Once you have taken a taxi journey with AfroCab you won't be able to cancel (since the service has already been provided) and your payment will be taken automatically and is non-refundable. If you have any complaint in relation to the taxi service provided then that dispute must be taken up with the taxi driver directly.

3. TERMINATION

3.1 We may terminate these Terms and close any account you have with us by giving you 7 days' notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.

3.2 We reserve the right to suspend, restrict or terminate your access to AfroCab at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

3.3 You are under no obligation to use the service and may simply choose to stop using it at any time.

4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

4.2 We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any drivers; (iii) the actions or inactions of other AfroCab users; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; or (v) failure to provide AfroCab or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure).

5. GENERAL

5.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 3.3, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

5.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

5.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

5.4 These Terms are not intended to give rights to anyone except you and us.

5.5 We are constantly looking for ways to improve and expand AfroCab. We may amend these Terms from time to time in order to reflect changes to AfroCab in which case we will give you reasonable notice [by email] of any changes to these Terms. You can terminate at any time as set out above.

5.6 We will do our best to resolve any disputes over these Terms. These terms are governed by the laws of Nigeria and you agree irrevocably to be bound by them.

5.7. These terms and conditions were last updated on April 1, 2014.

Driver Terms & Conditions of Service

AfroCab Nigeria Ltd provides a software application called AfroCab that lets taxi drivers, passengers and other taxi industry members see each other’s location on a map and connect in real-time. Our service is designed to give you as much control and ownership over your taxi experience as possible and generally help passengers and drivers connect more efficiently. However, you must be responsible for your use of the service and your own behaviour as a taxi driver. In particular, you must ensure that you comply with all relevant laws and take all reasonable care for your own safety and the safety of others

1. Your Use of AfroCab

1.1 You can only use AfroCab if you are have registered as a driver on the AfroCab network. To do so, please click here to download the driver app onto your phone. We strongly suggest that a registered AfroCab network driver must carry liability insurance with a recognized Nigerian Insurance entity on your car and passengers.

It is a requirement that you must have a legal driver’s license issued by a Nigerian state which gives you the right to operate a vehicle. You will be unable to join the network if you do not hav a valid driver’s license. Drivers are also required to have a working GSM number (SIM registration has been complete), which is the phone number associated with your account.

1.2 You agree:

1.2.1 and promise that all information and details provided by you to us (including on registration) are true, accurate and up-to-date in all respects and at all times. You can update or correct your details at any time via the AfroCab app or contact us directly via support@getafrocab.com

1.2.2 your use of AfroCab grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to AfroCab software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the AfroCab services in accordance with these Terms;

1.2.3 that you will not use AfroCab: for any unlawful purpose; in any way that interrupts, damages, impairs or renders AfroCab less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services (other than your taxi services in the normal course of the use of AfroCab);

1.2.4 and warrant that: you have all the appropriate licenses, approvals and authority to provide taxi services to passengers; that you own or have the legal right to operate the vehicle you use when using AfroCab and that such vehicle meets all relevant safety standards; and that you have valid insurance cover for your vehicle and services;

1.2.5 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;

1.2.6 and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of AfroCab. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or website;

1.2.7 that you will comply with all applicable laws and be responsible for the provision of your taxi services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);

1.2.8 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.

1.3 In relation to the reporting information that we provide, we use all reasonable endeavours to ensure that such information is accurate but we can't guarantee that it will always be accurate or correct and therefore you should use your own judgment when acting on the basis of information provided.

1.4 Please note that we are not responsible for the behaviour, actions or inactions of passengers whether or not they are AfroCab users. Any contract for the provision of taxi services is between you and the user and not AfroCab and we simply provide a platform to introduce drivers and passengers and facilitate payments in certain circumstances.

1.5 No affiliation exists between AfroCab and any taxi company name which may appear in respect of any taxi or driver. Taxi company names which appear are based on information provided by drivers and may not be accurate or current.

2. CHARGES AND PAYMENT

2.1 It is free to generally use the AfroCab app. Drivers pay a small commission to AfroCab for all rides enabled by the app.

3. TERMINATION

3.1 We may terminate these Terms and close any account you have with us by giving you 7 days' notice in writing by email to your registered email address. We may also terminate these Terms and close your account without notice if you breach any of your obligations under these Terms, if you cease to be a licensed taxi driver, if bankruptcy proceedings are brought against you or if you do not pay a court judgment on time.

3.2 We reserve the right to suspend, restrict or terminate your access to AfroCab at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

3.3 You may cancel these Terms at any time by simply closing your account by following the instructions on the app or website.

4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY

4.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law. These include that we will provide AfroCab to a reasonable standard and within a reasonable time. Nothing in these Terms is intended to affect these statutory rights.

4.2 If we breach these Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of N100,000. "Foreseeable" means that the losses could have been reasonably contemplated by you and us at the time of entering into these Terms.

4.3 We are not responsible for: (i) losses not caused by our breach; (ii) the actions or inactions of any passengers (other than in the circumstances set out in clause 2.2); (iii) the actions or inactions of other drivers; (iv) indirect losses which means loss to you which is a side effect of the main loss or damage and where you and us could not have reasonably anticipated that type of loss arising at the time of entering into these Terms; or (v) failure to provide AfroCab or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure).

5. Loyalty Points

5.1 Our Loyalty Points is a system that rewards good drivers for doing the right thing while using AfroCab. These points are awarded to drivers that pick up jobs and complete them. When you get enough points, you will upgrade to the next status level and unlock access to more and better jobs. Please refer to the website section for drivers for full conditions of use for our Loyalty Points.

5.2 Loyalty Points can be awarded and be removed at any time at the sole discretion of AfroCab.

6. GENERAL

6.1 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms. As set out in clause 3.3, you may terminate your agreement with us at any time. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

6.2 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

6.3 If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

6.4 These Terms are not intended to give rights to anyone except you and us.

6.5 We are constantly looking for ways to improve and expand AfroCab. We may amend these Terms from time to time in order to reflect changes to AfroCab in which case we will give you reasonable notice by email of any changes to these Terms. You can terminate at any time as set out above.

6.6 We will do our best to resolve any disputes over these Terms. These terms shall be governed by the laws of Nigeria.

6.7 These Terms and Conditions were last updated on April 1, 2014.