These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DRIVELINK (Hereinafter referred to as “we,” “us” or “our”), concerning your access to and use of the DRIVELINK website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (hereinafter collectively referred to as the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
We may alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
PARTIESThe present terms and conditions is established in order to set up the relationship
BETWEEN
DRIVELINK LTD (Hereinafter referred to simply as “DRIVELINK”) a Limited Liability Company established and organized under the Companies and Allied Matters Act CAP C20 LFN 2004 with its registered office in Lagos State, Nigeria .
AND
The HIRER (Defined as any natural person, juristic person or group of persons that hire the services of a DRIVELINK driver using this site)
WHEREAS:DRIVELINK has created an online platform known and described as DRIVELINK.COM (Hereinafter simply described as the “Website/Platform”) to provide and serve as a gateway for the hiring of drivers.
The HIRER is an individual or group legally qualified to contractually enter into binding agreements by the provisions of the law either by himself/herself or through a guardian or other means approved by law.
The HIRER intends to hire the services of a driver on DRIVELINK’S platform and DRIVELINK agrees to allow the HIRER to use its platform for this purpose on the terms and conditions contained herein.
The Parties have thus agreed to enter this Agreement based on the terms and conditions hereunder setout.
ACCEPTANCE OF THE TERMS AND CONDITIONS:Every transaction of the HIRER on DRIVELINK’S platform is bounded to the acceptance of all the terms and conditions as well as the details, annexes and appendices mentioned in this terms and conditions and accessible on DRIVELINK.COM. If for some reason and at some point, DRIVELINK does not demand the fulfillment of any of the terms herein setout, this does not mean that DRIVELINK will not demand the fulfillment of any other condition of these terms nor does it invalidate these terms.
DEFINITION OF SERVICES:DRIVELINK runs and operates a platform that allows a HIRER to hire and engage the services of a Driver using the DRIVELINK platform. The Driver’s competence has been vetted and certified by DRIVELINK, this does not however exclude the possibility of Human error and unforeseen circumstances. Thus, DRIVELINK shall be held blameless for any error in judgment or character of the driver.
LIMITATION OF DRIVELINK’S SERVICES:The service provided by DRIVELINK is limited to referring Drivers to the HIRER and accepting requests and payments on their behalf. DRIVELINK is not responsible for any further personal engagements between the Driver and the HIRER. Disputes arising from consumer rights or legal obligations between the HIRER and the driver shall be resolved between the HIRER and the Driver.
VICAROUS LIABILITY:DRIVELINK as a third party platform that simply connects drivers to HIRER’s in need of the services of a driver, shall not be held Vicariously liable for any act or omission done by the driver during the course of the service, as the Driver is not an employee or an Agent of DRIVELINK.
RIGHTS AND RESPONSIBILITIES OF DRIVELINK
- DRIVELINK reserves the rights to vet and register drivers on its platforms.
- DRIVELINK reserves the rights to refuse a prospective HIRER from the use of its platforms and may offer an explanation for its refusal.
- DRIVELINK reserves the rights to fix rates and fees payable by the HIRER and review same and all fees to the Driver must be made through the DRIVELINK Platform.
- DRIVELINK reserves the rights to alter and review fee during the cause of the service.
- DRIVELINK reserves the rights to solely receive payments on behalf of the Driver.
- The HIRER reserves the Rights to cancel the request for a driver at any time before the arrival of the Driver.
- The HIRER reserves the Rights to request for a refund of payment upon cancellation and upon such request, the HIRER shall be entitled to a full refund of the fee paid, sub the Driver’s Transportation cost to the HIRER’s location.
- The HIRER Certifies that the vehicle to be driven by the Driver is roadworthy and the proper documentation to use said vehicle has been obtained and duplicate copies or originals of said documents are in the vehicle.
- The HIRER agrees to not use the driver to convey any illegal substance or materials. • The HIRER agrees to not engage the Driver to carry out or conduct any illegal activity. • The HIRER and the Driver shall be held solely responsible for any crimes committed during the cause of the service.
- The HIRER certifies that the Driver is only contracted to specifically drive the HIRER’s Vehicle. Thus any ancillary service rendered by the Driver during the cause of service shall be regarded as a privilege and not a right.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Federal Republic of Nigeria, foreign jurisdictions, and international conventions.
Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you.
USER REPRESENTATIONSBy using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- you have the legal capacity and you agree to comply with these Terms of Use;
- you are not under the age of 18; or you are not a minor in the jurisdiction in which you reside, [or if a minor, you have received parental or guardian permission to use the Site];
- You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
- You will not use the Site for any illegal or unauthorized purpose;
- Your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. 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 username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIESYou may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Purposely interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user. 10. Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing services of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Copy or adapt the Site’s software.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Hereinafter referred to as Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.