General Terms & Conditions
Last Updated: July 9, 2019
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Drive+. (“Drive+,” “we,” “us” or “our”) governing your use of the Drive+ application, website, and technology platform (collectively, the “Drive+ Platform”).
Please be advised: This Agreement contains provisions that govern how claims you and Drive+ have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against Drive+ to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. As a Driver or Driver applicant, you have an opportunity to opt out of arbitration with respect to certain claims as provided in Section 17.
By entering into to this Agreement, and/or by using or accessing the Drive+ platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) 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 Drive+ Platform.
The Drive+ Platform
The Drive+ Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Drive+ Platform. Each person may only create one User account, and Drive+ reserves the right to shut down any additional accounts. As a User, you authorize Drive+ to match you with a Driver or Rider based on factors such as your location, the estimated time to pick up, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
Modification to the Agreement
In the event Drive+ modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Drive+ reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Drive+ Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Drive+ Platform may only be used by individuals who can form legally binding contracts under applicable law. The Drive+ Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your market’s Drive+ Cities page, plus any tips to the Driver that you elect to pay. Drive+ has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Drive+ Cities page or quoting you a price for a specific ride at the time you make a request. Pricing may vary based on the type of service you request (e.g., Drive+ Ambulance, Drive+ Comfort and Drive+ Luxury) as described on your market’s Drive+ Cities page. You are responsible for reviewing the applicable Drive+ Cities page or price quote within the Drive+ app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
- Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short rides, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance travelled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
- Quoted Fares. In some cases, Drive+ may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse the Drive+ Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Drive+ does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
Fees and Other Charges.
- Prime Time. At times of high demand for Services (“Prime Time”), you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. For quoted fares, we may factor in the Prime Time multiplier into the quoted price of the ride.
- Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about Drive+ ’s including applicable fees.
- Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to
N250,000.00 depending on the extent of the damage (as determined by Drive+ in its sole discretion), towards vehicle repair or cleaning. Drive+ reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
- Other Charges. Other fee and surcharges may apply to your ride, including actual or anticipated airport fees, state or local fees, event fees as determined by Drive+ or its marketing partners, and processing fees for split payments. In addition, where required by law Drive+ will collect applicable taxes. See your market’s Drive+ Cities page for details on other Charges that may apply to your ride.
- Tips. Following a ride, you may elect to tip your Driver in cash or through the Drive+ application. Any tips will be provided entirely to the applicable Driver.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (Paystack https://paystack.com/). Drive+ may replace its third-party payment processing services without notice to you. Charges shall only be made through the Drive+ Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Drive+ satisfies your payment obligation for your use of the Drive+ Platform and Services.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Drive+ Platform, any disruption to the Drive+ Platform or Services, or any other reason whatsoever.
- Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Ride. Coupons are only valid for use on the Drive+ Platform and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, Drive+ may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. If you split payment for a Ride with another User, your coupon will only apply to your portion of the Charges. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Drive+ App.
- Credit Card Authorization. Upon addition of a new payment method or each ride request, Drive+ may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about
If you are a Driver, you will receive payment for your provision of Services pursuant to the terms of the Driver's Policy , which shall form part of this Agreement between you and Drive+. The Driver Addendum is available in the Driver dashboard when you log into your account.
By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Drive+, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Drive+ Platform or Services, updates concerning new and existing features on the Drive+ Platform, communications concerning promotions run by us or our third-party partners, and news concerning Drive+ and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
You may be able to create or log-in to your Drive+ User account through online accounts you may have with third-party social networking sites (each such account, an "SNS Account"). By connecting to Drive+ through an SNS Account, you understand that Drive+ may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Drive+ Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
Promotions and Referral Programs
Drive+, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Drive+. Drive+ reserves the right to withhold or deduct credits or benefits obtained through promotion in the event that Drive+ determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, Drive+ may provide you with or allow you to create a “Drive+ Code,” a unique alphanumeric code for you to distribute to your friends and family (each a “Referred User”) to become new Drive+ Riders (“Referred Riders”) or Drivers (“Referred Drivers”) in your country. Drive+ Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Drive+ Code. You are prohibited from advertising Drive+ Codes in any way, including through any of the following: Google, Facebook, Twitter, Bing, and Craigslist. Drive+ reserves the right to deactivate or invalidate any Drive+ Code at any time in Drive+’s discretion.
From time to time, Drive+ may offer you incentives to refer your friends and family to become new Users of the Drive+ Platform in your country (the “Referral Program”). These incentives may come in the form of Drive+ Credits, and Drive+ may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Drive+ Codes and participation in the Referral Program is subject to this Agreement and the additional
With respect to your use of the Drive+ Platform and your participation in the 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 law, statute, rule, permit, ordinance or regulation;
- interfere with or disrupt the Drive+ Platform or the servers or networks connected to the Drive+ Platform;
- post Information or interact on the Drive+ Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use the Drive+ Platform in any way that infringes any third party’s rights, including intellectual property rights, copyright, patent, trademark, trade secret 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 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 Drive+ Platform;
- “frame” or “mirror” any part of the Drive+ 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 Drive+ Platform or any software used on or for the Drive+ Platform;
- rent, lease, lend, sell, redistribute, license or sublicense the Drive+ Platform or access to any portion of the Drive+ Platform;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Drive+ Platform or its contents;
- link directly or indirectly to any other websites;
- transfer or sell your User account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
- cause any third party to engage in the restricted activities above.
Driver Representations, Warranties, and Agreements
By providing Services as a Driver on the Drive+ 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 Riders in all jurisdictions in which you provide Services.
- You own or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
- 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 Services, provide 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 Drive+ community or third parties.
- You will only provide Services using the vehicle that has been reported to, and approved by Drive+, and for which a photograph has been provided to Drive+, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
- You will not, while providing the 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 rider pay in cash, or use a credit card reader, such as a Square Reader, 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 Drive+ or Riders on the Drive+ Platform or in connection with your provision of 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.
- You will make reasonable accommodation for Riders and/or for service animals, as required by law and our.
- 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 liability 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 Services.
- You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
The following disclaimers are made on behalf of Drive+, our affiliates, subsidiaries, parents, successors and assign, and each of our respective officers, directors, employees, agents, and shareholders.
Drive+ does not provide transportation services, and Drive+ is not a transportation carrier. Drive+ is not a common carrier or public carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Drive+ Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Drive+ Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Drive+ Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Drive+ Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Drive+ Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Drive+ Platform will be corrected, or that the Drive+ Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Drive+ Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Drive+ Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Drive+ Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Drive+ is not responsible for the conduct, whether online or offline, of any User of the Drive+ Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Drive+ Platform and participating in the Services, you agree to accept such risks and agree that Drive+ is not responsible for the acts or omissions of Users on the Drive+ Platform or participating in the Services.
You are responsible for the use of your User account and Drive+ expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Drive+ Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Drive+ Platform or through the Services. Please carefully select the type of information that you post on the Drive+ Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Drive+ or made available through the Drive+ Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Drive+ Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Drive+ Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Drive+ Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Drive+, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Drive+ Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Drive+ Platform may be accessible to Drive+ and certain Users of the Drive+ Platform.
Drive+ advises you to use the Drive+ Platform with a data plan with unlimited or very high data usage limits, and Drive+ shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Drive+ Platform.
This paragraph applies to any version of the Drive+ Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Drive+. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Drive+ Platform. Drive+, not Apple, is solely responsible for the Drive+ Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold Drive+ 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 Drive+ Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, Drivers, Riders, 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 Drive+ 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 motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applied without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
In no event will Drive+, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Drive+” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Drive+ Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Drive+ Platform, the Services, or this Agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. The Drive+ Platform may be used by you to request and schedule transportation, goods, or other services with third-party providers, but you agree that Drive+ has no responsibility or liability to you related to any transportation, goods or other services provided to you by third-party providers other than as expressly set forth in this agreement. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Drive+; 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 Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Drive+ may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Drive+’s star rating or cancellation threshold; (3) Drive+ has the good faith belief that such action is necessary to protect the safety of the Drive+ community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Drive+’s reasonable satisfaction prior to Drive+ permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Drive+’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
Dispute Resolution and Arbitration Agreement
(a) Agreement to Binding Arbitration Between You and Drive+.
You and Drive+ mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Drive+ ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Drive+, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Drive+’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, all disputes and claims between us (each a “Claim” and collectively, “Claims”) shall be exclusively resolved by binding arbitration solely between you and Drive+. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Drive+ Platform, the Services, any other goods or services made available through the Drive+ Platform, your relationship with Drive+, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Drive+’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Drive+, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termina