FlexRide (hereinafter referred to as “we”, “us”, or “our”) provides an online platform which connects Passengers to taxi Drivers for city taxi rides and also connecting Drivers who have empty seats in their vehicle and will be making a Trip, with Passengers who are seeking to make the same Trip and are seeking a means of RideShare transportation(collectively, the “Services”), which are made available on the Mobile Applications which FlexRide makes the Services available (collectively, the “Service”). By using the Service you understand and agree to be legally bound by these Terms of Service (“Terms of Service”) whether you register to use the Service or not. Please read carefully as these Terms of Service govern your access and use of the Service, and all Members' (described below) and Poparide content. If you do not agree with the Terms of Service then you have no right to continue using or accessing the Service. Failure to abide by the Terms of Service as hereby stated may subject you to civil and criminal penalties.
The Service is offered as an online platform through which Drivers (defined below) and Passengers (defined below) may post and arrange Rides & Trips (defined below) for Taxi & RideShare (defined below) purposes directly with each other and in a professional context. By proceeding to use and access the Service you confirm that you acknowledge that FlexRide is in no way a party to any agreements entered into between Drivers and Passengers, and has no control over the conduct of Drivers, Passengers or Members of our Service. You understand that FlexRide is not an insurer, agent or broker, and you disclaim us of all liability in this regard to the maximum extent permitted by law.
A “Member” is a Driver, a Passenger, both or any other registered user of the Service
A “Driver” is a person using the Service and offering spare seats in their vehicle to share with other Passengers (RideShare) or offering taxi ride services
A “Passenger” is a person using the Service and Booking seats in a Driver’s vehicle
An “Account” is created by a Member to access the Service.
A “RideShare Trip” occurs between an origin and a destination at a given date and time and includes details such as a pick-up point, drop-off point, space for personal items and the number of seats available & price per seat. A Trip is created and maintained by a Driver.
A "Taxi Ride" occurs between an origin (pickup point) and a destination (drop off point). Details also included is how far is the driver from the passenger (Estimated pickup time) and how far is the origin from the destination (Estimated drive time)
A “Booking” refers to the act of paying the Taxi ride fare or paying the price per seat for a RideShare trip. Taxi ride fares are negotiated between the Passenger and Driver while the price per seat for a RideShare is determine by the driver
A "Request” is posted by a Passenger looking for a Ride or Trip between an origin and a destination on a particular date. There are two types of Request - "Ride Request" and "Trip Request"
A “Payment” refers to the total amount of money to be paid by a Passenger upon the trip completion
A "Fees/Commision” is a service fee deducted from the agreed upon Taxi fare or price per seat. This is a percentage that will be determine by FlexRide at any given point
FlexRide reserves the right, at its sole discretion, to modify the Service or to modify these Terms of Service, including the Fees/Commision, at any time and without prior notice. If we modify these Terms of Service, we will post the modifications on the Service or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms of Service. By continuing to access or use the Service after we have posted a modification on the Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Service.
3.1 We ask Members to verify their identity through their email or phone number. We do not investigate any Member's reputation, conduct, morality, criminal background or any other information posted on the Service. You are responsible for exercising common sense and determining the suitability of other Members of the Service. We encourage you to communicate directly with potential Drivers or Passengers through the Service and to take the same precautions you would when meeting a person for the first time.
3.2 You are solely responsible for your interactions with other Members of our Service. We will not be responsible for any damage or harm resulting from your interactions with other Members. We reserve the right to monitor interactions and restrict access to any Member who is posting material we consider objectionable.
3.3 Release. As our Service is a facilitator, in the event of a dispute between you and another Member, except when such exclusions are forbidden by law, you release us (and our affiliates) from claims, demands and damages (actual or consequential) of any kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out or in any way connected with such disputes."
4.1 As a Member of this Service, you must act responsibly and exercise good judgment. This includes, but is not limited to, the following:
4.1.1 Driving carefully, respecting the rules of the road, not being under the influence and not violating any applicable laws or regulations and driving a vehicle in good functioning order that has passed any required vehicle inspections
4.1.2 Not infringing the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights
4.1.3 Not using information obtained through this Service for any unauthorized purpose
4.1.4 Not interfering with or damaging the Service. We come in good faith.
4.1.5 Not using this Service to distribute spam
4.1.6 Respecting other Members: no harassment, abuse (verbal or physical) or stalking is tolerated on the Service
4.1.7 Not using the Service for commercial activities, unless otherwise agreed directly with FlexRide
4.1.8 Not registering to the Service on behalf of another individual
4.1.9 To being at least 18 years old and able to enter into legally binding contracts to access and use the Service or register for an Account. By accessing or using the Service you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
4.1.10 Not assisting a third party in doing any of the above
4.1.11 Reporting misconduct If you feel that another Member of the Service has acted inappropriately including but not limited to offensive, violent or sexually inappropriate behavior, or engages in other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by using the ""Support"" feature on the app or website, with the understanding that your report does not obligate us to take any action or cause us to incur any liability but to assist as much as possible.
5.1 NO commercial activities, unless otherwise agreed by contract with FlexRide
"The Service is strictly limited to providing a Taxi Ride RideShare Service for Drivers and Passengers.
The Driver must not provide additional services to any Passenger for profit or gain (and the Passenger may not accept or ask for any such services) including (without limitation) package delivery, waiting time, additional drop-off and pick-up points and collecting additional Passengers (other than the booked Passenger). FlexRide is not responsible for any such activities in case they occur between users.
All Trips and pick-up and drop-off points must be pre-agreed through the Service in advance. Drivers may not collect any Passengers from any location which has not been pre-agreed with the Passengers through the Service. FlexRide is not responsible for any such activities in case they occur between users.
Drivers may NOT post RideShare Trips or accept RideShare Request from Passengers speculatively. Drivers can only post Trips (or accept request) if they are 100% sure of when and where they are travelling, to ensure a reliable service for Passengers.
FlexRide doesn’t provide transport services. The Services offered is an online platform which lets Members connect to transact with one another. FlexRide does not interfere with Trips, destinations or timings. The agreement for is between the Driver and the Passenger. FlexRide is not a party to any agreement or transaction between Members, nor is FlexRide liable in respect of any matter arising which relates to a Booking between Members. FlexRide is not and will not act as an agent for any Member.
Any breach of these Terms of Service will give rise to immediate suspension of a Member’s Account and they may be restricted from accessing any further Services as determined by FlexRide"
5.2 Access to the services
Each Member of FlexRide has to create an Account to access the Service. To create an Account, you must:
5.2.1 Register to the service
5.2.1.1 Register with your email and password or phone number, and complete all required fields on the registration form
5.2.2 Verify your email address and have access to that email address while making use of the Service
5.2.3 Verify your cell phone number and have access to communicate with other Members via calls and text messages while making use of the Service
5.2.4 Provide your legal first name and last name
5.2.5 Provide a well-lit profile photo of yourself that clearly shows your face
5.2.6 Provide an accurate description of yourself
5.2.7 Provide your gender
5.2.8 Agree to our Terms of Service and Privacy Policy
"When creating your Account, you agree to provide accurate and true information, and to update it through your profile or by notifying FlexRide.
You agree to be the sole owner of your Account, and to not share its access with anyone.
You agree that all representations, communications, Bookings, Payments and the use of any of the other features provided by Service are only made by you, and never by a third party, or on behalf of a third party.
You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created by you.
You may have to enter an email and password as part of the registration process. You are solely responsible for the confidentiality and use of these. You must notify us immediately of any unauthorized use of your login details or any other breach of security."
5.3 Eligibility to use the Service
"<< FlexRide offered services allows Members to contact each other to arrange a Taxi Ride or RideShare trip. The Passenger is expected to contact the Driver through the Service for any arrangemnts and any conditions of travel (including size of luggage, equipment, etc)
The eligibility of a Member to use the service is to FlexRide’s discretion and as such FlexRide reserves the right to withdraw that service from any Member at any time. >>"
5.4 Conditions under which the Service is provided
FlexRide reserves the right to:
(i) Withdraw the Service it provides and restrict it to a cohort of Members and / or only several destinations.
(ii) Make exceptions to the policies of the Service
6.1 Taxi Rides & RideShare Trips
The Driver proposes RideShare Trips (or accepting Trip Requests) on the Service by providing the origin and destination, date and time of departure, seats available and any other relevant information. The Driver proposing a Trip must be the primary Driver of that Trip, and cannot delegate the driving to another Driver. If another Driver is to participate in the driving during the Trip, this must be disclosed and agreed to by the Passengers prior to departure.
For Taxi Rides, passengers initiate the Taxi requests and a fare negotiation begins between the drivers and passenger
In the scope of a RideShare Trip or Taxi Ride, Passengers can exchange Messages and place Bookings with the Driver.
6.1.1 Messages
FlexRide provides a messaging service (the ""Messaging service"") to enable communication between Members. Messages can be exchanged between the Driver and the Passenger to discuss finer details about the Ride or Trip.
Please note that we do not allow the exchange of personal contact details such as phone numbers, email addresses or Website URLs through the Messaging service until a Booking has been approved.
6.1.2 Bookings
The Passenger may book one or more seats from the Service
After performing a successful Booking on a Trip, the Driver and Passenger are bound to that Booking and any cancellations are subject to the Cancellations terms listed below
The Driver and Passenger are informed of the Booking by notifications sent to their email address registered with FlexRide. The Booking is only valid under the Member’s registered name on the Service and is void under any other name. The Driver is subject, upon a Booking placed by a Passenger, to complete the Trip as agreed by each party. The Driver must ensure there are enough seats in their vehicle to comfortably accommodate each and every Passenger with a seatbelt.
6.2 Currency
All transaction on the FlexRide platform will be done based on the CFA Franc. The official currencies in use in Cameroon
6.3 Payments by Passengers
6.3.1 Cash Payments
Currently, we do support cash payments only. The Drivers will collect the cash payments from passengers after Trip or Ride completion
6.4 Policies on cancellations, no-shows and disputes
6.4.1 Driver cancellation policy
Taxi: For this release, a driver can cancel a Taxi Ride at anytime more so becuase the cash payment is done only after the ride is completed. But before cancellation, the driver has to provide a reason for cancelling which will later be review by the FlexRide team and if any driver is found misusing the services, the driver will be sanctioned. Drivers are therefore encourage to only accept ride offers they plan to fulfill. NOTE: If a driver must cancel a Taxi ride, the driver should do so immediatley after the booking is done so that the passenger another arrangemnts.
RIdeShare: For this release, several conditions apply:
1) A driver can cancel a schedule RideShare trip anytime before 24 hrs to the start of the trip. This still holds even if some passeners have seats booked.
2) Within 24 hrs, if there are no seats book by passengers for the trip, the driver can cancel the trip at anytime
3) Within 24 hrs, if there are seats already book by passengers, the driver won't be able to cancel the trip directly from the App. The driver will have to get in touch with FlexRide support and request the FlexRide Admin to cancel the trip after the driver most have provided sufficient reason as to why he/she (driver) cannot fulfill the trip. The FlexRide Admin will make the judgement and take a decsion. This will ensure the pasengers are protected from driver manupulations. Drivers who for no genuine reason make multiple cancellations, face the risk to be placed on santion by FlexRide.
6.4.2 Driver no-show policy
A Driver not showing up on a RideShare trip or Taxi ride with approved Passengers is serious and may lead to immediate Account termination. Passengers are encourage to report instances whereby the driver does not show up and FlexRide will seek to verify the claims. If driver is found wanting, actions against the driver will take effect.
6.4.3 Passenger cancellation policy
Taxi: Passengers can cancel the Taxi ride at anytime after the ride has been booked. Passengers will have to provide a reason for the cancellation and if passenger is found misusing the services, action against the passenger from FlexRidewill take effect. Passengers are encourage to initiate Taxi ride request and accept driver offers for rides they are 100% sure to fulfill.
RideShare: For this release, passengers have the leverage to cancel any bookings for an upcoming RideShare trip at anytime.
6.4.4 Passenger No-show Policy
Passengers not showing up for a schedule RideShare trip will lead to a driver marking the said passenger as unavialble for that trip. Passenger not showing up for a Taxi ride afte the driver is waiting at the pickup location is serious and may lead to the blocking of such passengers. Driver are encouraged to report such passengers to FlexRide support and actions will be taken accrodingly.
Passengers will so many so show ups, will definte face an action against them from FlexRide
6.5 Disputing Cancellations, Bookings or Payments
Both Passengers and Drivers are encouraged to report disputes to the FlexRide team as soon as possible. FlexRide will carry out their investigation and take action accodringly.
Note that disputes related to payments may not lead to a refund since this release of the app only works with cash payments. So each user is encourage to take the neccesary precaustions before making payments. Hence, FlexRide is not liable to cover any finacial or payment disputes though FlexRide will carry its investigation and take actions against the user at fault
6.6 Insurance
The Driver takes the responsibility to insure their vehicle as per the laws in effect and to check the validity of their insurance before every Trip. The Driver must also have a valid Driver’s licence.
It is each Driver’s and Passenger’s responsibility to verify with their insurance company they are covered while utillizing the FlexRide Serives.
The Member accepts the full financial responsibility for any uncovered insurance claims that might result from an accident, and agrees that FlexRide is in no way liable.
6.7 Litigations & conflicts
FlexRide does its best to address all demands in a timely manner but has no obligation to solve all conflicts that arise on the Service between Members.
If a litigation goes unsolved between Driver and Passenger, FlexRide reserves the right to withhold any outstanding money paid by the Passenger until an agreeable solution is found between Passenger and Driver or a legal decision is imposed.
7.1 Anti-Discrimination Policy
FlexRide is an "equal opportunity community." FlexRide will not allow discrimination within its community and will ensure against discrimination to the best of its abilities on the bases of race, creed, color, national origin, or sex. Allegations of discrimination on FlexRide may lead to preventive or permanent closure of a Member's Account.
7.2 Anti-Harrassment Policy
FlexRide is committed in all areas to providing a community that is free from harassment. Harassment based upon an Member's sex, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated. All Members are expected and required to abide by this policy. No Member will be adversely affected in the use of this Service as a result of bringing complaints of unlawful harassment against another Member. Allegations of harrassment on FlexRide may lead to preventive or permanent closure of a Member's Account.
7.3 Anti Sexual Harrassment Policy
Sexual harassment is behavior of a sexual nature that is unwelcome and offensive to the person or persons it is targeted toward. Examples of harassing behavior may include unwanted physical contact, foul language of an offensive sexual nature, sexual propositions, sexual jokes or remarks, obscene gestures, and displays of pornographic or sexually explicit pictures, drawings, or caricatures. Use of the FlexRide platform for the purpose of viewing, displaying, or disseminating material that is sexual in nature may also constitute harassing behavior. Allegations of sexual harrassment on FlexRide may lead to preventive or permanent closure of a Member's Account.
7.4 Reporting
If a Member feels that they have been harassed on the basis of their sex, race, national origin, ethic background, or any other legally protected characteristic they should immediately contact FlexRide. Once the matter has been reported it will be promptly investigated and any necessary corrective action will be taken where appropriate. All complaints of unlawful harassment will be handled in as discreet and confidential a manner as is possible under the circumstances.
8.1 Privacy policy
We understand the concerns that you may have about your privacy and respect your right to protect your personal information while online. By agreeing to these Terms of Service, you also agree to our Privacy Policy. Please refer to our Privacy Policy for more information.
8.2 Third-Party Content
In using our Service, you may be exposed to content from other Members or third parties ("Third-Party Content") either on our Service or through links to third-party Websites. We do not control and have no responsibility for Third-Party Content. You must evaluate and bear all risks associated with Third-Party Content.
9.1 Limits of liability
We shall not be liable for damages of any kind (including but not limited to direct, indirect, incidental, general, special, consequential, exemplary or punitive damages) even if we have been advised of the possibility of such damages, arising from or relating to: a) the Member or inability to use our Service b) the cost of replacement of any goods, services or information obtained as a result of our Service c) disclosure of, unauthorized access to or alteration of your content d) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages e) your or anyone else's conduct or acts in connection with the use of the services, including without limitation, bodily injury, emotional distress, death or any other damages resulting from communication or meeting with other registered Members or persons introduced to you via registered Members, whether online or offline) any other matter arising from, relating to or connected with our services or these terms.
9.2 Disclaimer of warranties
If you use our Service, you do so at your sole risk. Our services are provided on an 'as available' basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that:
9.3 Indemnity
You shall defend, indemnify and hold us harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Service. If you are obligated to indemnify us, we will have the right to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
9.4 Intellectual Property
"All material on our Service is protected by rights, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws as may be applicable. Unless expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. It's our Service - no thieving.
You may not systematically retrieve data or other content from our Service for your own devious plans, including re-creating databases, directories or downloads. You may not display any portion of our Service in a frame without our prior written consent."
9.5 Legal compliance
You shall use the Service in a manner consistent with any and all applicable laws and regulations.
10.1 Termination
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms of Service) with or without prior notice and at any time, terminate your access to the Service.
10.2 Discontinuance of Service
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of the Service.
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