CarXie TERMS OF SERVICE

 

Welcome to CarXie (owned and operated by Dukan George Limited) a mobile application with taxi management service that fixes your travel problems by providing cabs in all places and at all times. CarXie is at times referred to in these Terms of Service as “The Service.”

 

In order to set up or use a CarXie account, you must:

1.     Be at least eighteen (18) years old and able to enter into contracts;

2.     Complete the registration process;

3.     Read and agree to these CarXie Terms of Service; and

4.     Provide true, complete, and up to date contact information.

 

Your use of CarXie is governed by these Terms of Service. By visiting and/or using and/or establishing an account at CarXie, you (“User”) agree to be bound by and comply with the terms and conditions contained herein.

 

THESE TERMS OF SERVICE COMPRISE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Dukan George Limited (OWNER OF CarXie). PLEASE REVIEW THIS AGREEMENT CAREFULLY.

 

BY SIGNING UP FOR A CarXie ACCOUNT YOU ARE ACCEPTING TO BE BOUND BY THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS” OR THE “AGREEMENT”). CLICKING ON THE BUTTON TO CREATE AN ACCOUNT IS THE SAME AS SIGNING A HARD COPY CONTRACTUAL AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU SHOULD NOT CLICK THE BUTTON OR USE THE SERVICE.

 

THE CarXie SERVICE

CarXie is a mobile application with taxi management service that allows you to select a car category, book a ride, get a ride estimate and make payment online to and from your account (“Content”). Your use of The Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis. We do not guarantee any User’s identity.

 

 

 

PRIVACY

Your privacy is important to us. CarXie is committed to managing your Personal Information in line with global industry best practices. Please read our Privacy Policy carefully to understand our collection, use and disclosure of your personal information and the steps we take to protect your information.

 

MODIFICATION OF THESE TERMS

When using CarXie, you agree to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Service. CarXie may, at its sole discretion, modify or revise these Terms of Service and policies at any time; by using The Service you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement and these Terms of Service, you may not use The Service.

 

USER REGISTRATION

You may be required to register with the Site. The use of the CarXie app requires installation of the software and registration of a User account. During the installation of the CarXie app, the mobile number of the CarXie service User is linked to the respective User account and added to the database.

The User can choose what mode of payment he/she wishes either to pay in cash, wallet, card or via mobile payment for the taxi service to the driver. Once a payment option has been selected, the User cannot change this.

You may be required to input your Bank Verification Number (BVN), please note that this is optional. The verification of your BVN requires that you pay a stipulated charge fee.

Any complaints can be sent to our support team via email info@carxie.com  or by calling our support line 0805 057 9321.

You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a User name you select if we determine, in our sole discretion, that such User name is inappropriate, obscene, or otherwise objectionable.

 

CarXie MOBILE PAYMENT CONDITIONS

Mobile payments can be made by a User of the CarXie app who has included his/her card on the app.

When making mobile payments, the receiver of the payment is Flutterwave, who forwards the received payment to the taxi service provider.

When making card payments or mobile payments, a service fee is added per each order of taxi service. The named service fee includes payment commission fees, Visa / Master Card service fees. The amount of the service fee is displayed in the mobile app. In the event that the mobile payment intermediary enacts a fee for the usage of the payment service, which has to be paid by the customers separately, then the named fees are not included in the CarXie credit card and mobile payment fee.

The intermediation of card payments in the CarXie app is carried out through Flutterwave pursuant to the following Terms & Conditions and

CarXie shall be responsible for the functioning of card payments and offers card owners support in solving problems. The resolution of card and mobile payment related disputes also takes place through CarXie in cases where the issue is directly related to the in-app payment process. CarXie shall resolve all credit card and mobile payment related complaints and applications upon complete clarity on the issue within four business days.

When offering card, wallet and mobile payments, CarXie acts as the economic agent of taxi service providers by intermediating payments made in the CarXie app. The obligation of the customer in front of the taxi service provider shall be considered fulfilled as of the moment when the payment order is made for the payment of funds into the CarXie bank account. CarXie shall not be responsible for the exercise of the customer's payment order.

 

CarXie PRACTICE

As CarXie is not a provider or broker of the taxi service, we are unable to influence the quality of the taxi service. Any issues with defects or quality of the taxi service shall be resolved in accordance with the rules and regulations of the taxi service provider or the relevant supervisory authority.

CarXie is committed to contributing to improvement of the quality of taxi services. For this reason, we continuously collate ratings and ask to fill out a feedback form in the CarXie app. This enables us to offer suggestions to the taxi service providers for improving the quality of their service.

We expect that the Users of the CarXie app use the app in good faith and are respectful of the drivers who offer their services through CarXie.

CarXie shall verify her drivers and make every effort to ensure that only drivers, who have integrity and are respectful of their profession and customers, use the CarXie app. However, we are in no position to guarantee that every provider of taxi services, located via the CarXie app, satisfies the aforementioned criteria at all times. If you experience objectionable taxi service, please notify the company responsible for the service, a supervisory authority or our support team.

In the event that we receive a complaint, which has an element of the commission of a crime by a transport service provider, we shall promptly make a formal complaint to the Nigeria Police Force against the taxi service provider and shall cooperate with the Nigeria Police Force in ensuring that the allegations contained in our complaint are diligently investigated.

In the event that a user makes an allegation against a driver especially in events where details of driver are shared online, the driver reserve the right to seek legal redress and may pursue legal recourse against damages to his character.

 

ACCOUNT AND PAYMENT

When you use CarXie, you may be asked to establish an account and establish passwords. You are solely responsible for maintaining the confidentiality of your account and passwords and for restricting access to your mobile phone and/or account, and you agree to accept responsibility for all activities that occur under your account or passwords.

You agree that the information you provide to CarXie on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up–to–date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately notify CarXie. You may be liable for the losses incurred by CarXie or others due to any unauthorized use of your CarXie account.

A valid credit card is required for paying for taxi services from your accounts;

 

USE OF THE SERVICE

You are responsible for your own taxi transaction to and from your account with The Service, and for all transaction made from your account and activity that occurs under your account (even when Services is used by others who have access to your account) and for any consequences thereof or arising therefrom. You agree to prevent others from using The Service; or use The Service for any fraudulent or inappropriate purpose.

Violation of any of the foregoing may result in immediate termination of this Agreement and your account with CarXie, and may subject you to state and federal penalties and other legal consequences. CarXie reserves the right, but shall have no obligation, to investigate your use of The Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process, or governmental request.

 

CANCELLATION OF TAXI SERVICE

If the CarXie app User orders a cab or taxi and the driver has confirmed the receipt of service then the taxi service is considered pre-ordered.

Cancelling the use of an ordered transportation is considered to be the situation where the driver has been notified about the receipt of an ord.l,ller and the CarXie app User waives the use of the taxi service after a notice has been received.

Cancelling the use of an ordered taxi service is also considered to be the situation where the User of the CarXie app or people whom the transportation was ordered for do not appear in the taxi or cab within 8 minutes as of the time when the driver notified them about the arrival of the vehicle in its destination.

In case of cancelling the transportation service the CarXie app User is required to pay 500 naira as a penalty fee. In the event that the CarXie User notifies about the cancelling of taxi service within 5 minutes as of receiving of the notification concerning the receipt of the order through CarXie, the User does not have to pay the penalty fee.

We have the right to revoke the right to use the app if the User has waived the use of taxi service on 3 successive instances in one 24 hour period. In that case the app notifies the User about the number of cancellations and after waiving the 3rd time, CarXie cancels the usage right. CarXie usage right can be cancelled for up to six months. After that the User can reactivate his/her User account by contacting the local team via email. Access to app can also be revoked on the basis of harassment, providing false information/allegations and engaging in any criminal activities.

 

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.  Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.  We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

 MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; or (8) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

 

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application.

 

CONTENT OF THE SERVICE, OWNERSHIP, AND INTELLECTUAL PROPERTY RIGHTS

CarXie takes no responsibility for third party content (including, without limitation, any viruses, malware, or other disabling features), nor does CarXie have any obligation to monitor such third party content. CarXie also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to User support requests, or (e) protect the rights, property, or safety of CarXie, its Users and the public. CarXie will not be responsible or liable for the exercise or non–exercise of its rights under this Agreement.

The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of CarXie provided and owned by CarXie are protected by the Federal Republic of Nigeria copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of CarXie or its subsidiaries or affiliated companies and/or third–party licensors. Except as may otherwise be noted, all trademarks, service marks, and trade names are proprietary to CarXie or its affiliates and/or third–party licensors.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

 

 

DATA COMPLIANCE

You agree to comply with all applicable data privacy and security requirements under the Payment Card Industry Data Security Standard (“Association PCI DSS Requirements”) with regards to your use, access, and storage of certain credit card non-public personal information. Additionally, you agree to comply with your obligations under any applicable law or regulation as may be in effect or as may be enacted, adopted or determined regarding the confidentiality, use, and disclosure of cardholder information. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards

We acknowledge that you own all your customers’ data. You hereby grant CarXie a perpetual, irrevocable, sub-licensable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display your customers’ data for the following purposes: 

1.     providing and improving our services;

2.     internal usage, including but not limited to, data analytics and metrics so long as individual customer data has been anonymized and aggregated with other customer data; 

3.     complying with applicable legal requirements and assisting law enforcement agencies by responding to requests for the disclosure of information in accordance with local laws; and any other purpose for which consent has been provided by your customer

 

CONFIDENTIAL INFORMATION

The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

 

USER REPRESENTATIONS AND WARRANTIES

You are solely responsible for the consequences of transacting and booking of taxi to and from your account.

Violators of any third–party rights may be subject to criminal and civil liability. CarXie reserves all rights and remedies against any Users who violate these Terms of Service.

 

 STATEMENT OF POLICIES

CarXie disclaims any and all liability in connection with or arising from transactions made by User. In the event CarXie receives any information or notice that any transaction made by User violates these Terms of Service or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, CarXie reserves the right to immediately stop such transaction without notice to the User, and without any obligation to investigate an allegation of infringement. CarXie further reserves the right to terminate User access to CarXie website in the event User violates these Terms of Service.

 

PROHIBITED ACTIVITIES

By agreeing to these Terms of Service you agree not to:

a.     Except as expressly permitted herein, use The Service for any purposes other than to access and use CarXie Taxi Service or other services provided;

b.     Your login may be used by only one person

c.      Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access CarXie accounts of others without permission

d.     Use CarXie for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection, and privacy;

e.      Use CarXie if you are not legally competent to do so;

f.       Remove, circumvent, disable, damage, or otherwise interfere with security–related features of CarXie or User content, features that prevent or restrict use or copying of any content accessible through CarXie, or features that enforce limitations on the use of CarXie or User content;

g.     Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of CarXie or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

h.     Modify, adapt, translate, or create derivative works based upon CarXie or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

i.       Use any robot, spider, scraper, or other automated means to access CarXie for any purpose or bypass any measures CarXie may use to prevent or restrict access to CarXie platform;

j.       Interfere with or disrupt CarXie or servers or networks connected to CarXie, or disobey any requirements, procedures, policies, or regulations of networks connected to CarXie.

 

USER INDEMNIFICATIONS AND HOLD HARMLESS

User agrees to defend, indemnify, and hold harmless CarXie, its affiliated companies, officers, directors, employees, partners and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorney fees and reasonable settlements that CarXie may sustain or incur by reason of (a) use of CarXie app or website, (b) breach, alleged breach, or violation of the foregoing warranties, representations, and covenants, (c) any violation of any third party right arising from the use of CarXie or (d) any other violation of these Terms of Service. User's obligation to defend, indemnify, and hold harmless CarXie shall survive these Terms of Service and CarXie.

 

 DISCLAIMER OF WARRANTIES

USE OF CarXie SHALL BE AT USER’S SOLE RISK, HOWEVER, WE TRY TO KEEP CarXie AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE. TO THE FULLEST EXTENT PERMITTED BY LAW, CarXie, ITS OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CARXIE AND USE THEREOF.

 

OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CarXie MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM CarXie, ITS PARTNERS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, " CarXie PARTIES") SHALL CREATE ANY WARRANTY. 

 

CarXie ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF CARXIE, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CARXIE WEBSITE BY ANY THIRD PARTY.

 

LIMITATIONS OF LIABILITY

User agrees not to hold CarXie, its officers, directors, employees or agents liable for any loss or damage, whether direct, indirect, incidental, special, punitive, or consequential, incurred as a result of User's use of CarXie (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or damage of any nature whatsoever, resulting from User's access to and use of CarXie, (iii) any interruption or cessation of transmission to or from CarXie, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through CarXie by any third party.

 

EXCLUSIONS

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in these terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

 

 

 

 

 

UPDATES, MODIFICATIONS & AMENDMENTS

We may need to update, modify or amend our Terms of Service as our technology evolves. We reserve the right to make changes to this Terms of Service at any time by giving notice to Users on the CarXie website. 

We advise that you check the CarXie website often, referring to the date of the last modification on the page. If you have any objection to any of the changes to this Terms of Service, you must cease using CarXie mobile application, website and/or services immediately.

 

APPLICABLE LAW 

These Terms of Service shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

 

LEGAL DISPUTES

 We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC.  The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria. 

 

SEVERABILITY

If any portion of these Terms of Service is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Service and shall not affect the validity or enforceability of any other part in this Terms of Service.

 

MISCELLANEOUS

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Service to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Service to any third party.