User's Terms of service
GENERAL TERMS FOR PASSENGERS
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/Platform.
By entering into this Agreement, and/or by using or accessing the Taxilit Platform you expressly acknowledge that you understand the terms of this Agreement (including the dispute resolution clause herein) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TAXILIT PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE TAXILIT PLATFORM.
These Terms expressly supersede prior agreements or arrangements with you. Taxilit may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to the Transportation Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the Transportation Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the Transportation Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the Transportation Services.
Taxilit may amend the Terms related to the Transportation Services from time to time. Amendments will be effective upon Taxilit’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Transportation Services. Your continued access or use of the services after such posting constitutes your consent to be bound by the Terms, as amended.
Taxilit will collect and use your personal information in connection with the Transportation Services in accordance with its privacy policy.
THE TAXILIT PLATFORM
The Taxilit Platform provides a marketplace where, among other things, Passengers can be matched with our Drivers for transportation to his/her destinations.
You authorize Taxilit to match you with Drivers based on factors such as your location, the requested pickup location, the estimated time to pickup, your destination, Vehicle preferences, and platform efficiency, and to cancel an existing match and/or rematch you with a Driver based on the same considerations. Any decision by a Passenger to accept our Transportation Services is a decision made in such Passenger’s sole discretion.
1. DEFINITIONS
"Application/App" refers to the online application known as “Taxilit” which is a smartphone application for 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.
"Charges" – the fee a Passenger is obliged to pay the Driver for provision of the Transportation Services.
"Driver" – refers to the person providing vehicle Transportation Services via the Taxilit Platform.
"Passenger Account" – refers to the link on the Taxilit App where the Passenger may access the Transportation Services by creating a profile.
"Parties" refers to the Passenger and Taxilit.
"Passenger/You" – refers to a person seeking transportation to other places and uses Taxilit’s Transportation Services.
"Taxilit Platform" means the platform technology/app which connects Passengers with Drivers to help them move around Nigerian cities efficiently.
"Tip" refers to the gratuity offered or paid by the Passenger at their sole discretion to the Driver, in addition to the Transportation charges.
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.
2. PAYMENT TERMS
2.1 You understand that use of the Transportation Services may result in Charges to you for the services you receive from a Driver. After you have received services obtained through your use of the Taxilit Platform, Taxilit will facilitate your payment of the applicable Charges on behalf of the Driver as such Driver’s limited payment collection agent.
2.2 Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Driver. Charges may include other applicable fees, tolls, airport surcharges and will be inclusive of applicable taxes where required by Applicable law. Charges paid by you are final and non-refundable, unless otherwise determined by Taxilit.
2.3 All Charges are due immediately and payment will be facilitated by Taxilit using the preferred payment method designated in your Passenger Account, after which Taxilit will send you a receipt by email.
2.4 You may also choose the option of cash payment upon successful arrival at your destination to the Driver.
3. REVIEW OF TRANSPORTATION CHARGES
3.1 As between you and Taxilit, Taxilit reserves the right to establish, remove and/or revise Charges for the Transportation Services at any time in Taxilit’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas in Nigeria will increase substantially during times of high demand.
3.2 Taxilit will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Passenger Account regardless of your awareness of such Charges or the amounts thereof.
4. MARKETING PROMOTIONS
4.1 Taxilit may from time to time provide certain Passengers with promotional offers and discounts that may result in different amounts charged for Transportation Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Transportation Services or the Charges applied to you.
4.2 This payment structure is intended to fully compensate the Driver’s for the services provided. Taxilit does not designate any portion of your payment as a tip or gratuity to the Driver. Any representation by Taxilit (on Taxilit’s website, in the Application, or in Taxilit’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Taxilit provides any additional amounts, beyond those described above, to the Driver. You understand and agree that, while you are free to provide additional payment as a tip to any Driver who provides you with services or goods obtained through the Service, you are under no obligation to do so. Tips are voluntary.
5. RETURN AND REFUND POLICY
Taxilit does not operate a return or refund policy. However, if, for any reason, You are not completely satisfied with the Transportation services provided by the Driver, don't hesitate to contact us and we will address the issues.
6. ADDITIONAL TERMS
6.1 Cancellation fee & wait time fee:
6.1.1 Passenger may cancel a request for Transportation Services that a Driver has accepted via the Taxilit App. If a cancellation is done within 5minutes of the request, the Passenger will not pay any costs for the cancellation. However, if the cancellation is made after 5 minutes of the request, the Passenger will be charged a token as may be advised by Taxilit.
6.1.2 If the Passenger keeps the Driver waiting for more than 5 minutes after arrival at pick-up destination, the Passenger will be charged an extra cost for the delay.
6.2 Damages:
If, in the course of providing the Transportation Services, a Passenger or its co-passengers damage the Vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the Vehicle to stink), the Driver has the right to request the Passenger to pay a penalty up to N500 and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, we will charge the penalty and/or relevant costs to your Passenger account.
7. UPDATES TO OUR WEBSITE/APP
7.1 Taxilit App may from time to time provide enhancements or improvements to the features/ functionality of the website/app, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
7.2 Updates may modify or delete certain features and/or functionalities of the website/App. You agree that Taxilit App has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the App to you.
7.3 You further agree that all Updates will be (i) deemed to constitute an integral part of the website/app, and (ii) subject to the terms and conditions of this Agreement.
8. YOUR SUGGESTIONS
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by You to Taxilit App with respect to the website/app shall remain the sole and exclusive property of Taxilit App.
Taxilit App shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
9. LINKS TO THIRD PARTY /SERVICES
The website may contain links to other third party websites, which we believe may offer useful information. These websites are not under our control and this Privacy Policy does not apply to these. We suggest that You contact those websites directly for information on their privacy policy, security, data collection and distribution policies before use.
10. NO WARRANTIES
The website/App is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Taxilit App, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website/app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Taxilit App provides no warranty or undertaking, and makes no representation of any kind that the website/app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Taxilit App nor any of Taxilit App's provider makes any representation or warranty of any kind, express or implied:
- as to the operation or availability of the website/app, or the information, content, and materials or products included thereon;
- that the website/app will be uninterrupted or error-free;
- as to the accuracy, reliability, or currency of any information or content provided through the website/app; or
- that the website/app, its servers, the content, or e-mails sent from or on behalf of Taxilit App are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall Taxilit App or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website/app, third-party software and/or third-party hardware used with the website/app, or otherwise in connection with any provision of this Agreement), even if Taxilit App or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
12. RATINGS
12.1. After you have received Transportation Services through Taxilit’s Platform, you will have the opportunity to rate your experience and leave additional feedback about your Driver.
8.2 In order to guarantee high-quality service and provide comfort to Drivers, You hereby acknowledge that the Drivers may provide You a rating and leave feedback regarding your response to the quality of the Transportation Services that You have received.
13. 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.
14. 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 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. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
15. 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.
16. 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.
17. 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.
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