1.1. Introduction to the User Agreement Fixed & Rotors Limited provides e-hailing and private ride services through its platform, allowing users to request transportation services from independent drivers. This User Agreement governs the terms and conditions for the use of the company's platform. By accessing or using the platform, users agree to abide by this Agreement.
1.2. Acceptance of Terms By accessing or using the company's platform, users affirm that they are of legal age to enter into this Agreement and have the legal capacity to do so. If users do not agree with any part of this Agreement, they may not use the service. Users agree to comply with all applicable laws, regulations, and this Agreement when accessing or using the company's platform.
1.3. Scope of the Agreement This Agreement applies to all users of the company's platform, including passengers and drivers. It governs the rights and obligations of users, as well as the company's responsibilities in providing the e-hailing taxi service. The Agreement outlines the terms of service, user conduct, privacy policy, payment terms, and dispute resolution mechanisms.
1.4. Account Registration and Security In order to access certain features of the company's platform, users may be required to create an account. Users agree to provide accurate, current, and complete information during the registration process and to update such information to ensure its accuracy. Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their accounts. Users agree to immediately notify the company of any unauthorised use of their accounts or any other breach of security.
1.5. Use of the Service Users agree to use the company's platform solely for its intended purposes and in compliance with this Agreement and all applicable laws and regulations. Users may not use the service for any unlawful or prohibited purpose or in any manner that could damage, disable, overburden, or impair the company's platform or interfere with any other party's use of the service.
1.6. Termination of Agreement The company reserves the right to suspend or terminate users' access to the service at any time for any reason, without prior notice or liability. Users may also terminate this Agreement at any time by discontinuing their use of the company's platform. Upon termination, users must cease all use of the service and delete any materials obtained from the platform.
2.1. Introduction to the Privacy Policy Fixed & Rotors Limited is committed to protecting the privacy and security of its users' personal information. This Privacy Policy governs the collection, use, and disclosure of personal information provided by users of the company's platform. By using the service, users consent to the collection and use of their information as outlined in this Privacy Policy.
2.2. Information We Collect The company collects various types of information from users, including personal information, usage information, device information, location information, and other information provided by users or generated during their use of the platform. Personal information may include users' names, email addresses, phone numbers, payment information, and location data.
2.3. Use of Information The company uses the information collected from users for various purposes, including providing and improving its services, communicating with users, personalising user experiences, analysing usage trends, enforcing its policies, and protecting the security and integrity of the platform. The company may also disclose users' information to third parties for purposes such as processing payments, providing customer support, and complying with legal obligations.
2.4. Data Retention and Security The company retains users' personal information for as long as necessary to fulfil the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. The Company takes reasonable measures to protect users' personal information from unauthorised access, use, or disclosure. However, no method of transmission over the internet or electronic storage is 100% secure, and the company cannot guarantee absolute security.
2.5. User Choices and Rights Users have certain rights and choices regarding their personal information, including the right to access, update, or delete their information, the right to opt out of receiving promotional communications, and the right to object to certain data processing activities. Users can exercise these rights by contacting the Company at [contact email/phone number].
2.6. International Data Transfers The company may transfer users' personal information to countries outside of their country of residence, where data protection laws may differ. By using the platform, users consent to the transfer of their information to such countries.
3.1. Introduction to the Fare Policy Fixed & Rotors Limited has established a Fare Policy to specify the pricing structure for taxi rides provided through its platform. The Fare Policy includes details on the base fare, per-mile or per-kilometre rates, surge pricing, and any additional fees or charges that may apply to rides.
3.2. Base Fare The base fare is the initial amount charged to a passenger for a ride request. The base fare covers the cost of initiating the ride and may vary based on factors such as location, time of day, and type of vehicle requested.
3.3. Per-Mile or Per-Kilometre Rates In addition to the base fare, passengers are charged a per-mile or per-kilometre rate for the distance travelled during the ride. This rate is calculated based on the estimated route distance and may vary depending on factors such as traffic conditions and demand.
3.4. Surge Pricing Surge pricing may be applied during periods of high demand to incentivize more drivers to be available and ensure timely service for passengers. Surge pricing multipliers are determined based on factors such as the number of ride requests and the availability of drivers in the area. Passengers will be notified of any surge pricing before confirming their ride request.
3.5. Additional Fees or Charges Additional fees or charges may apply in certain circumstances, such as airport pickup fees, toll charges, cleaning fees, and wait time fees. Passengers are responsible for any additional fees or charges incurred during their rides.
3.6. Fare Calculation and Payment Fare estimates provided in the platform are based on factors such as distance, time, and current pricing rates. Actual fares may vary based on factors such as traffic conditions, route deviations, and additional charges. Payment for taxi rides is processed electronically through the platform, and passengers will receive a detailed receipt for each ride, including the breakdown of charges.
4.1. Introduction to the Driver Agreement Fixed & Rotors Limited has established a Driver Agreement to set forth the terms and conditions for individuals who wish to provide transportation services through its e-hailing and private ride platform. The Driver Agreement includes details on driver qualifications, responsibilities, and payment terms.
4.2. Driver Qualifications To become a driver on the company's platform, individuals must meet certain qualifications, including possessing a valid driver's licence, owning or having access to a suitable vehicle minimum year of 2023 model, and passing background checks and vehicle inspections. Drivers must also meet any additional requirements specified by the company.
4.3. Driver Responsibilities Drivers are responsible for providing transportation services to passengers in accordance with the company's standards and guidelines. This includes accepting ride requests promptly, following designated routes, maintaining a clean and safe vehicle, and providing courteous and professional service to passengers. Drivers must also comply with all applicable laws and regulations governing transportation services and must not engage in any unlawful or prohibited activities while using the platform.
4.4. Payment Terms for Drivers Drivers are compensated for their services based on the fares collected from passengers during rides. The company deducts a service fee or commission from each fare collected, and the remaining balance is credited to the driver's account. Payment to drivers is processed electronically through the platform on a regular basis, and drivers can view their earnings and payment history in their account dashboard.
4.5. Driver Ratings and Performance Metrics The company evaluates driver performance based on passenger ratings, ride completion rates, and other performance metrics. Drivers with consistently high ratings and performance may be eligible for bonuses, incentives, or access to additional features and benefits. Conversely, drivers with poor ratings or performance may be subject to warnings, temporary suspensions, or termination of their access to the platform.
4.6. Driver Conduct and Accountability Drivers are expected to conduct themselves professionally and responsibly while using the company's platform. This includes treating passengers with respect and dignity, following all traffic laws and regulations, and adhering to the company's policies and guidelines. Drivers who fail to meet these standards may be subject to disciplinary action, up to and including termination of their access to the platform.
5.1. Introduction to Vehicle Requirements Fixed & Rotors Limited has established vehicle requirements to ensure the safety, comfort, and reliability of vehicles used on its platform. These requirements outline the standards that vehicles must meet to be eligible for use in providing transportation services through the e-hailing and private ride platform.
5.2. Age and Condition of Vehicles Vehicles used on the company's platform must meet certain age and condition requirements to ensure their safety and reliability. The company may set maximum vehicle age limits or require vehicles to undergo regular inspections to ensure they meet safety standards. Vehicles that do not meet these requirements may be ineligible for use on the platform.
5.3. Insurance Coverage Drivers must maintain adequate insurance coverage for their vehicles, including liability insurance, comprehensive coverage, and any other coverage required by law or regulation. The company may require drivers to provide proof of insurance coverage and may verify the validity and adequacy of such coverage.
5.4. Safety Features Vehicles used on the company's platform must be equipped with certain safety features to ensure the safety and comfort of passengers. These may include functional seat belts for all passengers, working headlights and taillights, functioning brakes and steering mechanisms, and any other safety features required by law or regulation.
5.5. Vehicle Inspections Drivers may be required to undergo vehicle inspections to ensure that their vehicles meet the company's standards and requirements. Inspections may be conducted by authorised third-party inspectors or by the company's own inspection teams. Vehicles that pass inspection will be deemed eligible for use on the platform, while those that fail may be required to undergo repairs or maintenance before being reconsidered for approval.
6.1. Introduction to Background Checks Fixed & Rotors Limited conducts background checks on all drivers who wish to provide transportation services through its e-hailing and private ride platform. These background checks are conducted to verify the identity, qualifications, and suitability of drivers to provide services to passengers.
6.2. Criminal History Checks The company conducts criminal history checks to screen for any past criminal convictions or charges that may disqualify individuals from providing transportation services. Drivers with certain types of criminal convictions, such as violent crimes or offences involving dishonesty or moral turpitude, may be ineligible to drive on the platform.
6.3. Driving Record Checks Drivers' driving records are also checked to ensure that they have a safe and responsible driving history. The company may review drivers' driving records for any past traffic violations, accidents, or licence suspensions that may indicate a pattern of unsafe driving behaviour. Drivers with poor driving records may be disqualified from driving on the platform or may be subject to additional training or monitoring requirements.
6.4. Vehicle Inspections In addition to driver background checks, the company may conduct inspections of drivers' vehicles to ensure they meet safety and quality standards. Vehicles that fail to meet these standards may be ineligible for use on the platform until necessary repairs or maintenance is completed.
6.5. Compliance with Regulations The company conducts background checks in compliance with Nigerian regulations governing transportation services and background screening practices. Drivers must consent to these checks as a condition of their participation in the company's platform, and failure to pass the checks may result in disqualification from driving on the platform.
7.1. Introduction to Payment Terms Fixed & Rotors Limited has established payment terms to govern the financial transactions conducted on its platform. These payment terms outline the accepted payment methods, billing procedures, payment processing fees, and dispute resolution mechanisms for fare discrepancies.
7.2. Accepted Payment Methods The company accepts various payment methods for taxi rides conducted through its platform, including credit cards, debit cards, mobile wallets, and cash. Users may select their preferred payment method when booking a ride and payment will be processed automatically upon completion of the ride.
7.3. Billing Procedures Passengers are billed for taxi rides based on the fare calculation provided in the app, which includes the base fare, per-mile or per-kilometre rates, and any additional fees or charges incurred during the ride. The total fare amount is displayed to passengers before confirming their ride request, and payment is processed electronically through the platform.
7.4. Payment Processing Fees The company shall deduct a service fee or commission from each fare collected from passengers, which covers the cost of providing the e-hailing and private ride service to maintain service. The amount of the service fee may vary depending on factors such as the distance travelled, the duration of the ride, and the level of demand for rides at the time.
7.5. Dispute Resolution Mechanisms In the event of fare discrepancies or payment disputes, passengers and drivers may request a review of the fare calculation or payment transaction through the company's customer support channels. The company will investigate the dispute and take appropriate action to resolve it, which may include issuing refunds, adjusting fare amounts, or providing other forms of compensation as necessary.
8.1. Introduction to Cancellation and Refund Policy Fixed & Rotors Limited has established a Cancellation and Refund Policy to specify the conditions under which passengers and drivers may cancel a ride booking and to outline any applicable cancellation fees and refund procedures.
8.2. Passenger Cancellation Passengers may cancel a ride booking at any time before the driver arrives at the pickup location without incurring any cancellation fees. However, if a passenger cancels a ride after the driver has already arrived at the pickup location or if the driver has already started the trip, a cancellation fee may apply. The amount of the cancellation fee may vary depending on factors such as the time elapsed since the ride was requested and the distance travelled by the driver.
8.3. Driver Cancellation Drivers may cancel a ride booking under certain circumstances, such as if the passenger fails to show up at the pickup location within a reasonable time or if the passenger's behaviour poses a safety risk. In such cases, the driver may cancel the ride without incurring any penalties. However, if a driver cancels a ride for reasons other than those specified in the company's policies, the driver may be subject to penalties, such as temporary suspension of access to the platform.
8.4. Refund Procedures If a passenger is entitled to a refund due to a cancellation or other eligible reason, the company will process the refund in accordance with its policies and procedures. Refunds may be issued to the original payment method used for the transaction or as credit to the passenger's account for future use on the platform. The timing of the refund may vary depending on factors such as the payment method and banking processing times.
8.5. Dispute Resolution In the event of disputes regarding cancellations or refunds, passengers and drivers may request a review of the situation through the company's customer support channels. The company will investigate the dispute and take appropriate action to resolve it, which may include issuing refunds, waiving cancellation fees, or providing other forms of compensation as necessary.
9.1. Introduction to Liability Fixed & Rotors Limited recognizes the importance of ensuring the safety and protection of passengers and drivers using its platform. This section clarifies the liability of the e-hailing and private ride platform, passengers, and drivers in the event of accidents, injuries, or property damage, and outlines the insurance coverage provided to drivers and passengers during rides.
9.2. Company Liability The company acts as a technology platform that connects passengers with independent drivers providing transportation services. While the company takes reasonable measures to ensure the safety and reliability of its platform, it does not assume liability for the actions or conduct of drivers or passengers using the service. The company is not liable for any accidents, injuries, or property damage that may occur during rides arranged through its platform, except to the extent required by applicable law.
9.3. Passenger Liability Passengers using the company's platform are responsible for their own conduct and safety during rides. Passengers are expected to comply with all applicable laws and regulations, treat drivers and other passengers with respect, and refrain from engaging in any unlawful or prohibited activities while using the service. Passengers may be held liable for any damages or injuries caused by their actions or behaviour during rides.
9.4. Driver Liability Drivers providing transportation services through the company's platform are independent contractors responsible for their own conduct and safety, as well as the safety and well-being of their passengers. Drivers are expected to comply with all applicable laws and regulations, operate their vehicles safely and responsibly, and provide courteous and professional service to passengers. Drivers may be held liable for any damages or injuries caused by their actions or behaviour during rides.
10.1. Introduction to Intellectual Property Rights Fixed & Rotors Limited recognizes the importance of protecting its intellectual property rights, including trademarks, copyrights, and proprietary technology. This section outlines the company's policies and procedures for safeguarding its intellectual property and respecting the intellectual property rights of others.
10.2. Company Trademarks The company's trademarks, logos, and service marks are valuable assets that distinguish its brand and services from those of competitors. These trademarks are protected by law and may not be used without the company's express permission. Users of the Company's platform are prohibited from using the company's trademarks in any manner that is likely to cause confusion or dilute the distinctiveness of the marks.
10.3. Copyrighted Material The company's platform contains copyrighted material, including software code, graphics, and content, that is owned or licensed by the company. Users of the platform are prohibited from copying, distributing, or modifying this material without the company's express permission. Unauthorised use of copyrighted material may subject users to legal liability and civil penalties.
10.4. User Content Users of the company's platform may create and submit content, such as reviews, comments, and photos, through the platform. By submitting content to the platform, users grant the company a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, translate, distribute, and display the content in any media or format. Users represent and warrant that they have the right to grant this licence and that their content does not infringe the rights of any third party.
10.5. Third-Party Intellectual Property The company respects the intellectual property rights of others and expects its users to do the same. Users of the company's platform are prohibited from posting, distributing, or using any content that infringes the intellectual property rights of others, including trademarks, copyrights, patents, and trade secrets. Users who believe their intellectual property rights have been infringed upon may submit a complaint to the company's designated agent for intellectual property matters.
11.1. Introduction to Dispute Resolution Fixed & Rotors Limited is committed to providing a fair and efficient process for resolving disputes between users of its platform. This section outlines the procedures for resolving disputes between passengers and drivers, including arbitration or mediation processes, and specifies the governing law and jurisdiction for legal disputes.
11.2. Informal Resolution In the event of a dispute between a passenger and a driver, the parties are encouraged to attempt to resolve the matter informally through negotiation and discussion. If the parties are unable to reach a resolution on their own, they may seek assistance from the company's customer support team to facilitate communication and mediation.
11.3. Formal Dispute Resolution If a dispute cannot be resolved informally, either party may initiate formal dispute resolution procedures by submitting a written complaint to the company's designated dispute resolution department. The company will review the complaint and may conduct an investigation to gather additional information and evidence relevant to the dispute. The company will then make a determination and issue a decision on the matter, which may include remedies or resolutions to address the dispute.
11.4. Arbitration If the parties are unable to resolve the dispute through informal or formal procedures, they may be required to submit the dispute to binding arbitration in accordance with the rules and procedures of the Abuja Chamber of Commerce International Arbitration Centre ("ACCIA"). The arbitration process will be conducted by a neutral arbitrator appointed by the ACCIA, and the arbitrator's decision will be final and binding on the parties. The costs of arbitration, including the arbitrator's fees, will be borne equally by the parties unless otherwise determined by the arbitrator.
11.5. Governing Law and Jurisdiction Any disputes arising out of or related to this Agreement or the use of the company's platform shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions. The parties agree to submit to the exclusive jurisdiction of the courts located in Abuja, Nigeria, to resolve any disputes or claims arising under this Agreement.
11.6. Class Action Waiver Users of the company's platform agree that any disputes must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Users further agree that they may not consolidate or join more than one person's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.
12.1. Introduction to Force Majeure Fixed & Rotors Limited recognizes that certain events and circumstances beyond its control may impact its ability to perform its obligations under this Agreement. This section defines the circumstances under which the company may be exempt from liability for failure to perform its obligations due to unforeseen events beyond its control, such as natural disasters, acts of God, or government regulations.
12.2. Definition of Force Majeure Force majeure refers to any event or circumstance that is beyond the reasonable control of the company and that prevents or delays the company from performing its obligations under this Agreement. Force majeure events may include, but are not limited to, acts of God, war, terrorism, civil unrest, strikes, labour disputes, and government actions.
12.3. Impact on Performance In the event of a force majeure event, the company's obligations under this Agreement may be temporarily suspended or delayed until such time as the force majeure event has ceased to exist or its effects have been sufficiently mitigated. The company will make reasonable efforts to resume normal operations as soon as practicable following the occurrence of a force majeure event.
12.4. Notification and Communication In the event of a force majeure event, the company will notify affected users as soon as reasonably practicable and provide updates on the status of its operations and services. The company will communicate with users through the platform, email, or other means of communication as appropriate.
12.5. Exemption from Liability The company shall not be liable for any failure to perform its obligations under this Agreement to the extent that such failure is caused by a force majeure event. The company's liability for any failure to perform its obligations shall be limited to the extent necessary to give effect to the terms of this Agreement following the occurrence of a force majeure event.
13.1. Introduction to Modification and Termination Fixed & Rotors Limited reserves the right to modify or terminate the terms and conditions of service at any time, with notice to users. This section specifies the consequences for violating the terms of service and outlines the procedures for modification or termination of the Agreement.
13.2. Modification of Terms The company may modify or update these Terms from time to time in its sole discretion. The company will notify users of any material changes to the Terms by posting a notice on the platform or by sending an email to registered users. Users are encouraged to review the updated Terms periodically and to contact the company with any questions or concerns.
13.3. Termination of Agreement The company reserves the right to suspend or terminate users' access to the platform at any time for any reason, without prior notice or liability. Users may also terminate this Agreement at any time by discontinuing their use of the company's platform. Upon termination, users must cease all use of the service and delete any materials obtained from the platform.
13.4. Consequences of Violation Users who violate the terms and conditions of service may be subject to penalties, such as account suspension, loss of access to the platform, or legal action. The company may take appropriate action to enforce its policies and protect the integrity of its platform, including removing content, restricting access, or terminating accounts as necessary.
14.1. Introduction to Severability Fixed & Rotors Limited recognizes that certain provisions of these Terms may be found to be invalid or unenforceable by a court of law. This section ensures that if any provision of the terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.2. Invalidity or Unenforceability If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of the Agreement, which shall continue in full force and effect to the fullest extent permitted by law. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.
14.3. Modification of Invalid Provisions In the event that any provision of these Terms is found to be invalid or unenforceable, the company may, at its discretion, modify or replace the invalid provision with a valid and enforceable provision that achieves the intended purpose to the maximum extent possible under the law. Any such modification or replacement shall be deemed incorporated into these Terms as if originally included herein.
14.4. Effect on Remaining Provisions The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision, which shall remain in full force and effect. The parties agree that the invalid provision shall be construed in a manner consistent with applicable law to reflect the original intent of the parties to the maximum extent possible.
14.5. Waiver of Severability The waiver of any provision of these Terms by either party shall not constitute a waiver of any other provision or a waiver of the same provision on any other occasion. Failure to enforce any provision of these Terms shall not operate as a waiver of such provision or any other provision or the right to enforce such provision or any other provision in the future.
These Terms and Conditions constitute the entire agreement between Fixed & Rotors Limited and its users regarding the use of the company's e-hailing and private ride platform and supersede all prior agreements and understandings, whether oral or written, relating to the subject matter herein. By accessing or using the Company's platform, users acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions. Users further agree to comply with all applicable laws and regulations governing the use of the company's platform. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. These Terms and Conditions may be modified or updated by the Company from time to time, with notice to users. Users are encouraged to review these Terms periodically for any updates or changes. If users do not agree with any part of these Terms and Conditions, they may not use the company's platform.