BETWEEN
Drupp Harmony Limited a company incorporated in accordance with the laws of Nigeria of …………………………………………........................................... (hereinafter referred to as “Drupp Harmony ” which expression shall, where the context so admits, include its assigns and successors-in-title) of the one part
The Party registering as a user of the Drupp Harmony Transportation Service via the Drupp Harmony App (hereinafter referred to as the Rider which expression shall, where the context so admits, include its assigns and successors-in-title) of the other part.
1. The Rider agrees he/she enters afresh into this agreement as it is or as may be amended, each time he/she accesses and uses the Drupp Harmony Platform. If the Rider does not agree to be bound by the terms contained herein, he/she may not access nor use the Drupp Harmony Platform.
2. Amendments: Drupp Harmony may in its sole discretion amend these terms and conditions from time. Drupp Harmony may also in our sole discretion cease to offer its Drupp Harmony Platform to the Rider or may deny him/her access to the Drupp Harmony Platform at its own discretion.
3. The Drupp Harmony Platform: The Drupp Harmony Platform is a marketplace where persons who seek transportation and logistics services to certain destinations (Riders) can be matched with third party persons (Drivers) independent of Drupp, driving to or through those destinations. Riders and Drivers are collectively referred to as “Users”.
4. The Rider shall register a Drupp Harmony Account that enables access to the Drupp Harmony Platform. The Drupp Harmony Platform shall enable the Rider to book and pay for transport and logistics services offered by the Drivers. For purposes of this Agreement, the driving, transportation and logistics services provided by Drivers to Riders that are matched through the Drupp Harmony Platform shall be referred to collectively as the “Transport Services”.
5. Any decision by a Rider to accept the Transport Services is a decision made in such Rider’s sole discretion. Each of the Transport Services provided by a Driver to a Rider shall constitute a separate agreement between the users which does not involve the Drupp Harmony or the Drupp Harmony Platform.
6. The Rider acknowledges that Drupp Harmony does not provide transportation nor does Drupp Harmony function as a transportation carrier. All such transportation and logistics services are provided by the Driver in his/her capacity as an Independent Contractor, acting neither as an employee nor agent of Drupp Harmony.
7. Limited Licence to Use: Subject to his/her compliance with this Agreement, the Rider is granted a limited, non-exclusive, non-transferable and revocable license to access and use the Drupp Harmony Platform on his personal device solely in connection with the Rider’s use of the Drupp Harmony Platform.
8. Eligibility of User: The Drupp Harmony platform may only be used by individuals with full legal capacity to enter into legally binding contracts. By registering as a user or Drupp Harmony account holder, the Rider represents and warrants that he/she is at least Eighteen (18) years old and is possessed of the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
9. The Rider also warrants not to allow or permit other persons, the use of his/her Drupp Harmony personal account, is the sole authorized user of the account and shall register and operate only one personal account on the Drupp Harmony Platform. Drupp Harmony may in its sole discretion deactivate a Rider’s User account where it is associated with conduct in breach of the Terms and Conditions. For the avoidance of doubt, conduct considered that may be considered to be indicative of breach by Users may include, but is not limited to, multiple user accounts providing differing contact details, abnormal User signup activity, and suspicion as to the provision of false identification by Users.
10. The Rider agrees and acknowledges that the Driver alone shall be responsible for any claim by the Rider for any liability that may arise in connection with the Transport Services, which for the avoidance of doubt, includes but is not limited to accidents and property damage.
11. The Drupp Harmony Platform operates on mobile phones/devices and the internet and Drupp Harmony shall bear no responsibility for any failure or loss the Rider may suffer from third party software and hardware providers that also interact on the Rider’s device and/or the Drupp Harmony Platform relies upon for information.
12. The Rider warrants that all information provided by him/her to Drupp Harmony for registration is true, accurate and up-to-date in all respects. If the Rider’s details or information changes he/she agrees to update or correct such details or information in his/her User account. The Rider’s failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in his/her inability to access and use the Services or Drupp Harmony’s termination of these Terms with him. The Rider is solely responsible for the confidentiality of his/her User account and for all activity that occurs under the account.
13. Once a Rider’s request is accepted by a Driver, the Rider must remain at his/her pick-up location until the Driver arrives or bear the cost of a cancellation fee.
14. Where a Rider deems a Vehicle or Driver unfit to complete a Journey, or any amounts payable and any administration charges may be withheld until the issue is investigated and resolved by Drupp Harmony. The calculation and payment of such amounts will depend on the result of that investigation.
15. The Rider shall not:
a. use the Drupp Harmony App to make any requests for Transport Services on behalf of persons under the age of Eighteen (18) years or Users who have been removed from the Drupp Harmony Platform;
b. use the Drupp Harmony App to make a request for Transport Services that he/she does not intend to honour if the request is accepted;
c. use the Service for any unlawful purpose;
d. use the Service in any way that interrupts, damages, impairs or makes the Service less efficient;
e. use the service for the purpose of transporting goods or furniture;
f. attempt to:
i. transfer any files which contain viruses, trojans or other harmful programs;
ii. access the accounts of other users of the Drupp Harmony Platform;
iii. penetrate any of the Drupp Harmony Plstform security measures; or
iii. penetrate any of the Drupp Harmony Plstform security measures; or
iv. decipher, decompile, disassemble or reverse engineer any of the code or software comprising in or in any way making up a part of the Drupp Harmony Platform.
16. Charges and Payments:
a. Downloading the Drupp Harmony App is free
b. Riders will be charged a fare by Drivers for each Transport Service (“Fare”) including a, booking, payment processing and surcharges fee for using the Drupp Harmony Platform for matching the Users. (Drupp Harmony Service Fee).
c. The Fare will comprise of the: i. in-app metered fare for the Transport Service; ii toll charges incurred during the Transport Service; iii. if applicable, any agreed charges between the Rider and the Driver including but not limited to fees for Driver waiting times, tolls, costs and charges the Driver may incur in completing the pickup and drop off.
17. The Rider shall also be charged a cancellation fee if he/she fails to complete a booked journey or cancels a journey when a Driver has already been allocated to his/her request.
18. Where a registered vehicle requires cleaning or repairs due to some actions of the Rider, the cost of such cleaning or repairs may be charged to the Rider within reasonable estimates.
19. The Rider shall be issued receipt for the fare paid, via email or/and the Drupp Harmony App.
20. Dispute in Calculation of Fare: If the Rider is in dispute as to the calculation of the fare charged or any other fees, the Rider agrees that his/her complaint shall be made to Drupp Harmony via the Drupp Harmony Platform or email. Any such complaints shall be investigated by Drupp Harmony and refunds made to the Rider where applicable within Seven (7) days of receipt of the complaint.
21. Privacy: To become a User of the Drupp Harmony platform the Rider may be required to provide Drupp Harmony with personal information including, but not limited to name, contact details including mobile phone number and email address, location and destination information etc. Drupp Harmony undertakes to keep such personal information confidential with the proviso that the limited disclosure of information absolutely necessary to Drupp Harmony staff and registered Drivers may be necessary for the provision of the Service.
22. Warranty: Drupp Harmony offers no express warranty to the Rider beyond consumer guarantees. The total liability that Drupp Harmony shall assume for any loss or damage incurred by the Rider from using the Drupp Harmony Platform is strictly limited to refunding the Drupp Harmony Service Fee to the Rider.
23. Drupp Harmony does not endorse any user of the Drupp Harmony platform or any provider of the Transportation Service. Drupp Harmony is not a Party to any arrangements between the Rider and the Driver and acts only in a limited capacity as a booking and payment processing entity for users in relation to the Transportation Services. Drupp Harmony bears no responsibility for the conduct, behavior, actions or inactions of the Driver, and disclaims all liability (howsoever arising) for all such conducts, behaviours, actions or omissions or for accidents which may occur during provision of the Transportation Service by the Driver.
24. Drupp Harmony provides the Drupp Harmony Platform on an “as is” and “as available basis”. Drupp Harmony does not represent, warrant or provide any guarantees in relation to the availability or uptime of the Drupp Harmony Platform, nor does Drupp Harmony represent, warrant or provide any guarantee that access to or use of the Drupp Harmony App or Drupp Harmony Platform will be uninterrupted or error free. The Drupp Harmony Platform is subject to limitations, delays and other problems which are inherent in the use of internet and electronic communications. Drupp Harmony accepts no responsibility for any delays, delivery failures or losses or damages which the Rider may suffer as a result of such problems.
25. The Drupp Harmony Platform is not an emergency or ambulance service and cannot be relied on for such purposes.
26. The Rider acknowledges that his/her breach of any applicable laws and regulations, breach of this Agreement, misuse of the Drupp Harmony Platform, or any claim for loss made against the Driver shall survive the termination of this Agreement.
27. The Rider agrees to take full responsibility for his/her personal property. The Rider acknowledges that the Driver is an independent contractor and thus Drupp Harmony is not responsible for any personal property of the Rider, including but not limited to lost property.
28. The Rider agrees that any arrangement for the return of property between the Rider and the Driver do not constitute part of the Drupp Harmony Service. Drupp Harmony does not coordinate nor monitor such arrangements for return of property.
29. Entire Agreement: This Agreement and any document expressly referred to in this Agreement form the entire agreement between Drupp Harmony and the Rider and supersede any prior agreement, understanding or arrangement between the Parties.
By clicking “I accept” on the Drupp Harmony APP or signing below (as such may be required by applicable law), the Rider expressly acknowledges that the Rider has read, understood, and taken steps to thoughtfully consider the consequences of this Agreement; that the Rider agrees to be bound by the terms and conditions of this Agreement, and that the Rider is legally competent to enter into this Agreement with Drupp.
Either or both Parties may append their signatures to this Agreement by electronic means.
Rider Name:
Signature:
Date:
SIGNED, SEALED AND DELIVERED
By the within named:
DRUPP HARMONY LIMITED
