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Terms and Condition • DriversOnWheels

Terms and Conditions

These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” “user” or “your”) and CENDIT GLOBAL LIMITED, a company registered in Ghana hereinafter known as (The company, company, we, Driversonwheels) , governing your use of the Driversonwheels application, website, and technology platform (www.driversonwheels.com).

DriversOnWheels is an On-demand service for Drivers and Cars. We want to provide you driving services when you need it.

Sole Responsibility

Member expressly understands and agrees that Member bears sole responsibility for any losses incurred as a result of entering into this Agreement, services provided pursuant to this Agreement and/or any loss related to this Agreement. Without limiting any other provision of this Agreement, in no event shall DRIVERSONWHEELS have any liability for any loss or damage related to this Agreement, whether arising from contract, warranty, negligence, and tort or otherwise except as provided herein.


Member Insurance Requirements

Member understands that Drivers will not operate any automobile/motor vehicle that is not in full compliance with all of the applicable laws of the Country in which member resides in, but not limited to, laws and regulations governing insurance, registration and safety equipment.

Member warrants that by making a request to have a Driver operate Member’s automobile/motor vehicle that said vehicle is lawfully within Member’s possession and control, and that said vehicle fully complies with all applicable laws of the Country in which member resides in, including, but not limited to, any laws governing insurance, registration and safety equipment.

Member further warrants that Member and the vehicle in Member’s possession and control is now and will be covered at the time that any services are provided by an automobile insurance policy for public liability which satisfies the minimum automobile insurance requirements for the Country in which member resides in.

This policy must insure Member, the automobile/motor vehicle in Member’s possession and control and the driver. Member understands that in the event of an accident, while Member’s motor vehicle is being operated by one of DRIVERSONWHEELS’s Drivers, whether or not DRIVERSONWHEELS’s driver is at fault in such accident, Member’s automobile insurance policy shall be the primary insurance policy for the satisfaction of any and all claims or damage. Member agrees to indemnify Drivers and DRIVERSONWHEELS or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all damages sustained by DRIVERSONWHEELS and/or Drivers or any claims made against Drivers and/or DRIVERSONWHEELS or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees for any and all damages or claims not paid for by Member’s insurance coverage or insurer unless such damage is caused by the gross negligence or intentional wrongful acts of DRIVERSONWHEELS driver.

Use of Services

Member understands and acknowledges that on occasion, due to the nature of DRIVERSONWHEELS service, unforeseen circumstances such as but not limited to, heavy traffic conditions, limited numbers of Drivers, limited numbers of cars, traffic accidents, construction zones, and weather conditions, it may take longer than anticipated for DRIVERSONWHEELS Drivers to get to Member’s location.

In addition, Member understands that use of the service contains inherent risks of unforeseen events or mishaps such as automobile accidents, damage to vehicles or mechanical failures of vehicles. In such cases, Member agrees to indemnify and to hold Drivers and DRIVERSONWHEELS and its employees and agents harmless from any claims or damages arising from any situation or circumstances that may arise as a result of any such event not caused by the gross negligence of DRIVERSONWHEELS.

DRIVERSONWHEELS and its Drivers reserve the right to refuse to provide service to a Member or to any other person if, in the driver’s sole discretion, such service would be unsafe to the driver because:
  • (a) Member or his/her guest is impaired to the point of unconsciousness or to the point that the driver cannot manage the impaired individual(s) entry into, exit from, or behavior in the vehicle;
  • (b) Member or his/her guest is armed, belligerent, violent, verbally or physically threatening or abusive;
  • (c) the vehicle is unsafe to drive;
  • (d) the vehicle is not properly insured, and/or
  • (e) any other facts or circumstances, as determined in Drivers driver’s sole discretion.

Agreement Not to Employ

Member acknowledges DRIVERSONWHEELS has spent considerable time and expense in recruiting and training it's employees, Drivers and sub-contractors and, therefore, it is understood and agreed that Member or any company owned or managed by, partially owned or managed by or employing Member shall not, during the term of this Agreement or any renewal period thereof and for a period of one year from the expiration thereof (where expiration means cancelling Driversonwheels account), employ, directly or indirectly, any employee, Drivers or sub-contractors of DRIVERSONWHEELS under the terms of this Agreement or any renewal thereof.

Assumption of Risk. Member is aware and acknowledges that the use of the services provided by DRIVERSONWHEELS involves an inherent risk of injury, death, and/or property damage to Member and/or Member’s guest(s).

In addition to the inherent risks involved in the operation of an automobile/motor vehicle on public and/or private roadways, Member acknowledges and is aware of the risks of injury, death, and property damage that may result from, among other causes, the active or passive negligence of DRIVERSONWHEELS or Drivers including, without limitation, the risk of negligent instruction or supervision or operation of the vehicle. Member voluntarily agrees to assume all risks of damage, including injury, death, and property damage to Member and any and all passengers within the automobile/motor vehicle operated by DRIVERSONWHEELS or Drivers and Member waives any and all claims or actions that Member may have against Drivers or DRIVERSONWHEELS or its members, managers, employees, agents, and drivers and/or its agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees unless such damage is caused by the gross negligence or intentional wrongful acts of DRIVERSONWHEELS.

Release from Liability

Member hereby affirmatively releases Drivers and DRIVERSONWHEELS or its members, managers, employees, agents, successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees. (collectively, the “Released Parties”) from any and all liability to Member and Member’s guests, principals, employees, agents, representatives, guardians, successors, assigns, heirs, children, and next of kin from all liability, claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement or to the services provided by the Released Parties, regardless of where the injury, death, or property damage occurs. This Release of Liability includes, without limitation, any personal injury, death, or property damage caused by the active or passive negligence of any of the Released Parties. This Release shall not include damage caused by the gross negligence or intentional wrongful acts of the Released Parties.

Sole Responsibility

Member expressly understands and agrees that Member bears sole responsibility for any losses incurred as a result of entering into this Agreement, services provided pursuant to this Agreement and/or any loss related to this Agreement. Without limiting any other provision of this Agreement, in no event shall DRIVERSONWHEELS have any liability for any loss or damage related to this Agreement, whether arising from contract, warranty, negligence, and tort or otherwise except as provided herein.

Indemnification by Member

Member agrees to indemnify, defend and hold harmless Drivers and DRIVERSONWHEELS and its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees from and against any and all claims, actions or proceedings of any kind brought by Member or any third party and from any and all damages, liabilities, costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Claims”), except for claims arising from the gross negligence or intentional wrongful acts of DRIVERSONWHEELS and/or Drivers, relating to or arising out of or in connection with:
  • (i) any and all services provided to Member by Drivers or DRIVERSONWHEELS or its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees;
  • (ii) the breach of any of the representations and warranties of Member contained in this Agreement; and
  • (iii) the breach of any covenant or agreement of Member under the terms of this Agreement.

The indemnification provision set forth in this paragraph applies to all Claims. If Member shall fail to promptly indemnify DRIVERSONWHEELS after written notice from DRIVERSONWHEELS, DRIVERSONWHEELS shall have the right to adjust, settle, litigate and take any other action DRIVERSONWHEELS deems necessary or desirable for the disposition of any such Claim, as determined by DRIVERSONWHEELS in its reasonable judgment. In any such event, Member shall reimburse DRIVERSONWHEELS on demand for all amounts paid or incurred by DRIVERSONWHEELS as a result thereof, including attorneys’ fees and costs. Non-payment of said amounts due and owing hereunder within 30 days after demand shall accrue interest at the rate of one-half (0.5%) percent per month, accumulating per annum.

Time for Claim

Notwithstanding any statute, law or regulation to the contrary, any claim arising from or relating to this Agreement (whether in contract, tort, or both) shall be brought within twelve (12) months after Member knew or could reasonably have known about the claim.

Copyright

  • 1. All content on this Website / Application is the copyright of Driversonwheels except the third party content and link to third party website on our Website / Application, if any.
  • 2. Systematic retrieval of Driversonwheels content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Driversonwheels is prohibited.
  • 3. In addition, use of the content for any purpose not expressly permitted in this Terms of Use is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Website / Application to infringe the intellectual property rights of others in any way. Driversonwheels reserves the right to terminate the account of a User upon any infringement of the rights of others in conjunction with use of the Service, or if Driversonwheels believes that User's conduct is harmful to the interests of Driversonwheels, its affiliates, or other Users, or for any other reason in Driversonwheels's sole discretion, with or without cause.

LIMITATION OF LIABILITY

  • 1. In no event shall Driversonwheels be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.
  • 2. The information, recommendations and/or Services provided to you on or through the Website / Application are for general information purposes only and do not constitute advice. Driversonwheels will take reasonable steps to keep the Website / Application and its contents correct and up to date but does not guarantee that the contents of the Website / Application are free of errors, defects, malware and viruses or that the Website / Application are correct, up to date and accurate.
  • 3. Driversonwheels shall not be liable for any damages resulting from the use of, or inability to use, the Website / Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the information on the Website/Application.
  • 4. Driversonwheels shall further not be liable for damages resulting from the use of, or the inability to use, electronic means of communication with the Website/Application/call center, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
  • 5. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Driversonwheels's aggregate liability shall in no event exceed the equivalent of the amount for the payment of the Services.
  • 6. The quality of the Services requested through the use of the Application is entirely the responsibility of the Driver who ultimately provides such transportation services to you. Driversonwheels under no circumstance accepts liability in connection with and/or arising from the Services provided by the Driver or any acts, actions, behaviour, conduct, and/or negligence on the part of the Driver.
  • 7. In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or suspect an instance of fraud, we may cause the User to be blocked immediately and reserve the right to refuse future Service. Additionally, should there exist an abuse of vouchers or discount codes, Driversonwheels reserves the right to seek compensation from any and all such Users.
  • 8. Offers are subject to Driversonwheels's discretion and may be withdrawn at any time and without notice.
  • 9. Driversonwheels shall not be held liable for any failure or delay in performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as unprecedented circumstances, overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties, strike / unrest ( "Force Majeure" ).
  • 10. Driversonwheels does not procure insurance for, nor is responsible for, damage or loss of any personal belongings or intellectual property whilst providing Drivers only.

PRIVACY

  • 1. We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers and any digital device that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy.
  • 2. If you object to your Information being transferred or used in this way please do not use Website and / or Application.
  • 3. We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services.
  • 4. We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
  • 5. We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
  • 6. We are required to and we will share your information with drivers designated / assigned to offer service to you.

Knowing and Voluntary Execution

Member acknowledges that Member has carefully read this Agreement, understands its contents, and understands that this Agreement includes an assumption of the risk provision, a general release of the Released Parties and a release of liability for all acts and/or omissions by drivers or DRIVERSONWHEELS or its members, managers, employees, agents, and drivers and/or its successors, licensees, assigns, affiliated companies, and their respective officers, directors, agents, and employees except for acts of gross negligence or intentional wrongful acts. Member further acknowledges that DRIVERSONWHEELS is materially relying on these provisions of this Agreement in its decision to allow Member to utilize the services of DRIVERSONWHEELS. With full knowledge of these provisions in favor of DRIVERSONWHEELS as set forth herein, Member voluntarily agrees to these provisions and enters into this Agreement by accepting its terms on our website and by any use of DRIVERSONWHEELS’s services.

JURISDICTION:

The courts of the Republic of Ghana, shall have the sole and exclusive jurisdiction in respect of any matters arising from the use of the Services offered by Driversonwheels or the Terms of Use or any arrangement between Driversonwheels and the User.