Taxilit's Drivers Terms of Service

The fast, secure affordable way to ride.

GENERAL TERMS FOR DRIVERS

These Terms of Service constitute a legally binding agreement (the “Agreement“) between you and Taxilit, subsidiaries, representatives, affiliates, officers and directors (collectively, we,“ “us“ or “our“) governing your use of the Taxilit application.

In order to provide Transportation Services using the Taxilit Platform you must agree to the terms and conditions that are set forth below.

1. DEFINITIONS

Application/App: Refers to the online application known as “Taxilit“ which is a smartphone application for Drivers and Passengers to request and receive Transportation Services.
Applicable laws: refers to the relevant laws of the federal Republic of Nigeria, states and local governments, that are applicable to Taxilit’s Transportation Service.
Driver/You/Your: Refers to the person providing vehicle Transportation Services via the Taxilit Platform. All Drivers must obtain a personal Taxilit Driver Account to use our App and Platform.
Driver Account: Refers to the link on the Taxilit App where the Driver may access the Taxilit Driver Account by entering username and password.
In-app Payment medium: Refers to the debit/credit cards, carrier billing and other payment methods used by the Passenger via the Taxilit App to pay for the Transportation Services.
Parties: refers to the Driver and Taxilit.
Passenger: refers to a person requesting for Transportation Services by using Taxilit Platform.
Transport Fare: The fee a Passenger is obliged to pay the Driver for provision of the Transportation Services.
Taxilit Fees: Means the fees that the Driver is obliged to pay to Taxilit for using its Platform.
Taxilit Services: Means the vehicle driving services provided by Drivers to Passengers where, Passengers who seek transportation to certain destinations within Nigeria can be matched with Drivers vehicle transportation options to such destinations.
Taxilit Platform: Means the platform technology which connects Passengers with Drivers to help them move around Nigerian cities efficiently.
Third Party Fees: Include any applicable airport fees, or any state or local fees, taxes imposed on the provision of the Services or Taxilit's Platform that Taxilit is required by Applicable law or agreement to collect and remit to third parties.
Tip: Refers to the token offered or paid by the Passenger at their sole discretion, in addition to the Transportation Fare paid.
Transportation Services: Transport service a Driver is providing to Passenger whose request Driver has accepted through the Taxilit App.
Vehicle/vehicle: Refers to type or model of vehicle used by the Driver which include sedan cars, jeeps, SUV, 3 seater bus that are in good condition as will be determined by Taxilit.
Agreement: Refers to this agreement between Driver and Taxilit regarding the use of Taxilit Services which consists of these General Terms, Driver Fare Terms displayed in Taxilit website regarding price info and service descriptions and other terms referred to in this Agreement as may be amended from time to time.

2. ENTRY INTO THE AGREEMENT

2.1. Prior to using the Taxilit Services, you are required to sign up by providing the requested information in the signup application on Taxilit's website and uploading necessary documentation requested for. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a Driver Account accessible via a username and password. By clicking the "Sign up" button located at the end of the signup application, you represent and warrant that:

2.1.1. You are entitled to enter into an agreement with us to use the Taxilit Platform for providing the Transportation Service;

2.1.2. You have carefully studied, fully understand and agree to be bound by these General Terms;

2.1.3. All the information you have presented to us is accurate, correct and complete;

2.1.4. You will keep Your Taxilit Driver Account information accurate and profile information updated at all times;

2.1.5. You will not authorize other persons to use Your Taxilit Driver Account nor transfer or assign it to any other person;

2.1.6. You will not use the Taxilit Services for unauthorized or unlawful purposes and impair the proper operation of the Taxilit Services;

2.1.7. You will fully comply with all Applicable laws and regulations applicable in the state You are providing Transportation Services in, including (but not limited to) laws regulating passenger transportation services.

2.2. You are obliged to provide Your bank information 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. We are transferring In-app Payment fees to the bank account that You have provided. We are not liable for any incorrect money transactions in case You have provided wrong bank information.

2.3. After submitting the signup application, You will receive an e-mail with additional conditions that must be met in order to use Taxilit Services. These conditions may include providing criminal records, valid driving license, satisfactory 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 may result in termination of the Agreement and right to Your use of the Taxilit Services.

3. ADDITIONAL TERMS

3.1 Receipts:

After each successful provision of Transportation Services, Taxilit shall create and forward a receipt to the Passenger consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date-, the time-, the start and end locations-, the duration and length-, the Fare and Tip paid for the provision of the Transportation Services. The receipt of each provision of Transportation Services is available to You via the Taxilit Driver Account.

3.2 Cancellation fee & wait time fee:

Passenger may cancel a request for Transportation Services that a Driver has accepted via the Taxilit App. In some markets, Driver may be entitled to the Fare for cancelled Transportation Services (Cancellation Fee) in the event that a Passenger cancel accepted request for Transportation Services after certain time period determined by Taxilit App.

3.3 Damages:

If, in the course of providing the Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), You shall have the right to request the Passenger to pay a penalty up to N1,000 and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, You must notify us and we will then try to collect penalty and/or relevant costs on the Your behalf from the Passenger. However, bear in mind that we are not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by Passenger.

3.4 Tax obligations:

3.4.1 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

(i) paying income tax, or any other tax applicable; and

(ii) carrying out tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law.

3.4.2 Should the Tax authority submit a valid application to us to provide information regarding Your activities, we may be obligated to respond in line with Applicable laws. Additionally, it is Your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services.

3.4.3 You hereby agree to compensate Taxilit all state fees, claims, payments, fines or other tax obligations that Taxilit will incur in connection with the obligations arising from applicable tax regulations not having been met by You (including paying the income tax and social tax).

3.5 Invoices:

Taxilit has a right to issue an invoice on Your behalf to the Passenger in order to compensate You any Fares, contractual penalties or other fees that Taxilit facilitates to You. The invoice will be made available to You via the Taxilit Driver Account.

4. PAYMENTS

If You are a Driver, You will receive payment for Your Transportation Services pursuant to the terms of the TRANSPORT FARE/CHARGES of Taxilit which shall form part of this Agreement between You and Taxilit.

5. IN-APP PAYMENTS MEDIUM

5.1. We may enable Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods (Taxilit Business etc) directly in the Taxilit App (i.e. In-app Payment). You hereby authorise us as Your commercial agent to receive the Fares or other fees paid by the Passenger via In-app Payment and to forward relevant funds to You. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.

5.2. You shall not refuse payment by the Passenger via the In-app Payment, or influence the Passenger against the use of the In-app Payment. In case You refuse to accept an In-app Payment without just cause, we shall be entitled to charge You a contractual penalty in the amount of N500.00 for every refusal and/or block Your right to use the Taxilit Services in case of repetitive behaviour.

5.3. Before providing Transportation Services, You must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed that he/she allows other passengers to ride under Passenger's account. If You make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we shall reimburse the person for the Fare. In such case You are not entitled to receive the Fare from us.

5.4. If we are not able to pay the Fees or Tip to You due to You failure to provide Your bank account details in Your Driver Acount or if the bank account details have been noted incorrectly, then we will hold such payments for 120 days. If You do not notify us of the correct bank account details within 120 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare or Tip not transferred to You shall expire.

6. DRIVERS UNDERTAKING

6.1 With respect to Your use of the Taxilit Platform and Your participation in the Transportation Services, you agree that You will not:

impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any Applicable law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Taxilit Platform or the servers or networks connected to the Taxilit Platform;
post information or interact on the Taxilit Platform or Transportation Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the Taxilit Platform in any way that infringes any third party’s rights, including: intellectual property rights, or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Taxilit Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Taxilit Platform;
“frame” or “mirror” any part of the Taxilit Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Taxilit Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Taxilit Platform or access to any portion of the Taxilit Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Taxilit Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell Your User account, password and/or identification, or any other User's Information to any other party;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity or expression, physical or mental disability, medical condition, marital status, age or sexual orientation;
cause any third party to engage in the restricted activities above.

6.2 DRIVER REPRESENTATIONS, WARRANTIES AND AGREEMENTS

By providing Transportation Services as a Driver on the Taxilit Platform, You represent, warrant, and agree that:

You possess a valid driver's license and are authorized and medically fit to operate a motor Vehicle and have all appropriate licenses, approvals and authority to provide transportation to Passengers in all jurisdictions in which You provide Transportation Services.
You own, or have the legal right to operate, the Vehicle You use when providing Transportation Services; such Vehicle is in good operating condition and meets the industry safety standards and all applicable laws for motor Vehicle use; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless behavior while driving, drive unsafely, operate a Vehicle that is unsafe to drive, permit an unauthorized third party to accompany You in the Vehicle while providing Transportation Services, provide Transportation Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Taxilit community or third parties.
You will only provide Transportation Services using the Vehicle that has been reported to, and approved by Taxilit, and for which a photograph has been provided to Taxilit, and You will not transport more passengers than can securely be seated in such vehicle (and no more than 5(five) Passengers in any instance).
You will not, while providing the Transportation Services, operate as a public or common carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a Passenger pay in cash, or use a payment card reader, such as a POS (Point of Sale), to accept payment or engage in any other activity in a manner that is inconsistent with Your obligations under this Agreement.
You will not attempt to defraud Taxilit or Passengers on the Taxilit Platform or in connection with Your provision of Transportation Services. If we suspect that You have engaged in fraudulent activity, we may withhold applicable Fares or other payments for the ride(s) in question and take any other action against You available under the Applicable law.
You will not discriminate against Passengers with disabilities. You will make reasonable accommodation as required by Applicable law for Passengers who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s trunk or backseat.
You agree that we may obtain information about You, including Your criminal and driving records, and You agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of Vehicle insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules You for the operation of the vehicle You use to provide Transportation Services.
You will pay all applicable federal, state and local government taxes based on Your provision of Transportation Services and any payments received by You.

7. CUSTOMER SUPPORT

We provide the Drivers customer support regarding the use of the Taxilit Services. We have the right to stop providing the customer support services in case You are in delay with any of the Taxilit Fees, for more than 5 (five) calendar days.

8. RATINGS AND ACTIVITY

8.1. In order to guarantee high-quality service and provide additional reassurance to Passengers, You hereby acknowledge that the Passengers 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 Driver Account and will be available to Passengers at Taxilit App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of Your rating.

8.2. In addition to the rating, we measure Your level of activity and provide You with an activity score, which is based on Your activity regarding accepting, declining, not responding and completing Transportation Service requests.

8.3. In order to provide reliable services to Passengers, we may determine a minimum average rating and a minimum activity score that Drivers must establish and maintain. If, after a pertinent notification from us, You do not increase Your average rating or activity score to minimum level within the prescribed time period, Your Driver´s account will be automatically suspended either temporarily or permanently. We 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.

9. MARKET OVERVIEWS AND CAMPAIGNS

9.1. Market overviews. We may send You, via the Taxilit App, Taxilit Driver Account, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for You. As the market overview estimations are based on previous statistics, we 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. We may also provide campaigns, whereby we will guarantee a minimum income if You provide Transportation Services within a specified timeframe. If the specified minimum is not reached by You, we will compensate the gap. The specific requirements and conditions will be sent via the Taxilit App, Driver Account, SMS, e-mail or other means. We have full discretion in deciding if, when and to which Drivers we provide such campaigns.

10. RELATIONSHIP WITH TAXILIT

10.1 As a Driver on the Taxilit Platform, You acknowledge and agree that You and Taxilit are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Taxilit expressly agree that:

(1) this is not an employment agreement and does not create an employment relationship between You and Taxilit; and
(2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Taxilit, and You undertake not to hold yourself out as an employee, agent or authorized representative of Taxilit.

10.2 Taxilit does not, and shall not be deemed to, direct or control You generally or in Your performance under this Agreement specifically, including in connection with Your provision of Transportation Services, Your acts or omissions, or Your operation and maintenance of Your Vehicle.

10.3 You retain the sole right to determine when, where, and for how long You will utilize the Taxilit Platform, provided that You meet our minimum requirements. Taxilit does not, and shall not be deemed to, unilaterally prescribe specific dates, times of day for You to utilize the Taxilit Platform. You retain the option to accept or to decline or ignore a Passenger’s request for Transportation Services via the Taxilit Platform, provided that you meet its minimum standards, or to cancel an accepted request for Transportation Services via the Taxilit Platform, subject to Taxilit’s cancellation policies.

10.4 Taxilit does not, and shall not be deemed to, require You to accept any specific request for Transportation Services as a condition of maintaining access to the platform. With the exception of any signage required by law or permit/license rules or requirements, Taxilit shall have no right to require You to:

(a) display Taxilit’s names, logos or colors on Your vehicle(s); or
(b) wear a uniform or any other clothing displaying Taxilit’s names, logos or colors.

10.5 You acknowledge and agree that You have complete discretion to provide Transportation Services or otherwise engage in any other business or employment activities, including but not limited to providing services similar to the Transportation Services to other companies, and that Taxilit does not, and shall not be deemed to, restrict You from engaging in any such activity.

11. PROCESSING OF PERSONAL DATA, ACCESS TO DATA

11.1 Your personal data will be processed in accordance with the Privacy Policy of Taxilit.

11.2 Taxilit has access to all personal data and other data provided or generated in connection with Your use of the Taxilit Services. Taxilit shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Taxilit maintains access to such data also after the Agreement between You and Taxilit is terminated for a minimum period of one year.

11.3 You have access to personal and other data provided by You or generated in connection with Your use of the Taxilit Services to the extent that is made available to You under Your Taxilit Driver Account through Taxilit App. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Passengers.

12. LIABILITY

The Taxilit Platform is provided on an “as is“ and “as available“ basis. We do not represent, warrant or guarantee that access to Taxilit Platform will be uninterrupted or error free. As the usage of Taxilit Platform for requesting transportation services depends on the behavior of Passengers, we do not guarantee that Your usage of the Taxilit Platform will result in any Transportation Service requests.

13. INDEMNITY

You will defend, indemnify, and hold Taxilit including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Taxilit Platform and participation in the Transportation Services, including:

(1) Your breach of this Agreement or the documents it incorporates by reference;
(2) Your violation of any Applicable laws or the rights of a third party, including, Drivers, Passengers, other motorists, and pedestrians, as a result of Your own interaction with such third party;
(3) any allegation that any materials that You submit to us or transmit through the Taxilit Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
(4) Your ownership, use or operation of a Vehicle, including Your provision of Transportation Services as a Driver; and/or
(5) any other activities in connection with the Transportation Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

14. TERM, SUSPENSION AND TERMINATION

14.1 This Agreement is effective upon Your acceptance of this Agreement. This Agreement may be terminated by:

a. the Driver without cause, upon seven (7) days’ prior written notice to Taxilit; or
b. by either party immediately, without notice, upon the other party’s material breach of this Agreement, including but not limited to any breach of this Agreement.

14.2 In addition, Taxilit may terminate this Agreement or deactivate Your Driver Account immediately in the event:

(1) You no longer qualify to provide Transportation Services or to operate the approved Vehicle under Applicable laws, rule, permit, ordinance or regulation;
(2) You fall below Taxilit’s star rating or cancellation threshold;
(3) Taxilit has the good faith belief that such action is necessary to protect the safety of the Taxilit users or third parties, provided that in the event of a deactivation pursuant to the above, You will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Taxilit’s reasonable satisfaction prior to Taxilit terminating the Agreement.

14.3 For all other breaches of this Agreement, You will be provided notice and an opportunity to cure the breach.

14.4 If the breach is cured in a timely manner and to Taxilit’s satisfaction, this Agreement will not be permanently terminated.

14.5 We may also immediately suspend (block) Your access to the Taxilit Platform and to the Driver Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from You. The block of access will be removed once the investigation disproves such suspicions.

15. AMENDMENTS

15.1 Taxilit reserves the right to amend these General Terms anytime by uploading the revised version on its website and will notify You (e.g. via e-mail, Taxilit App or Your Driver Account) whenever, in the reasonable opinion of Taxilit, such amendments are material.

16. NOTICES

16.1 You are obliged to immediately notify us of any changes to Your contact information.

16.2 Any notice required to be given under the General Terms and Agreement shall be sufficiently given if delivered personally, sent by courier with proof of delivery, sent by e-mail or made available via the Taxilit App or Taxilit Driver Account.

16.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:

16.3.1 if delivered personally, at the time of delivery to the party;

16.3.2 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;

16.3.3 if made available via the Taxilit App or Driver Account, or 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.

17. SEVERABILITY OF PROVISIONS

Any provision in this Agreement, which is prohibited or unenforceable under Nigerian law, shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

18. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Any dispute or difference arising out of or in connection with this Agreement or other agreements resulting herefrom shall if not settled amicably between the parties hereto within thirty (30) days, shall be settled only by arbitration at the request of both the parties hereto or one of them before a single arbitrator agreed to by the parties. Failing such agreement, an arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators Nigeria, in accordance with the Lagos State Arbitration Law, 2009.

The Seat of Arbitration shall be in Lagos and the Language of Arbitration shall be English.

19. GOVERNING LAW

This Agreement and the relationship of the parties in connection with the subject matter hereof and each other shall be governed and determined in accordance with the laws of the Federal Republic of Nigeria.