Terms and Conditions
Published: 23 May 2022
These Terms and Conditions govern your use of the www.moove.io (“Site”) (as defined below) which is provided by Moove Africa(“the Company” or “Us”).
The definitions and rules of interpretation in this clause apply in this Terms and Conditions.
- 1.1. Account means any account to be opened and operated by You with the Company on the Site with features that enable You to access certain Services on the Site;
- 1.2. Applicable Laws means all laws in force and effect as of the date hereof and which may be enacted or brought into force and effect hereinafter in the applicable Territory, including statutes, rules, regulations, directions, bye-laws, notifications, ordinances and judgments having force of law, or any final interpretation by a court of law having jurisdiction over the matter in question as may be in force and effect during the subsistence of these Terms and Conditions;
- 1.3. Driver means a recipient of the Moove Vehicle for the provision of transportation Services;
- 1.4. Driver Services Agreement means the agreement entered into between a Driver and the Company pursuant to which driver services are rendered to the Company;
- 1.5. Passenger means a person requesting transportation services using the Partner App;
- 1.6. Partner means third-party service providers, agents and subcontractors (Suppliers) for the purposes of providing services to us or directly to you on our behalf, including the operation and maintenance of our Site and social media pages;
- 1.7. Services means access to the Site and services provided by Moove that enable: (x) Access to Moove products; (y) Driver performance management; (z) income management and access to other ancillary products provided by the Company or its third party partners from time to time;
- 1.8. User or You or Your: means an individual that accesses the Site including Drivers who utilise the Services or individuals that interact with Moove or individual patrons of the Driver; and
- 1.9. Vehicle means the automobile(s) provided by the Company for the provision of transport services on the terms and conditions set out in a Driver Services Agreement.
- 1.10. Territory means the territory where the User resides and accesses the Service.
We may update these Terms from time to time for legal or regulatory reasons or for the proper operation of the Site. Where applicable, changes will be notified to you via the email address, SMS, Whatsapp message or other mode of correspondence provided by you on registration or via a suitable announcement on the Site. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
This Site enables You to access the Services.
- 4.1. You may not register on this Site if you are under 18 years of age. Any access to or use of our Website or our Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. By accessing or using the Site, you represent and warrant that you are 18 or older.
- 4.2. In addition to 4.1 above, registration and/or sign up as a User on this Site shall only be conducted by individuals who can form legally binding contracts under Applicable Laws.
- 4.3. To access this Site, You may be asked to provide certain registration details as further set out in clause 4.7 herein. You are required to provide accurate and complete information.
- 4.4. It is a condition of Your use that all the information You provide on this Site will be accurate, current and complete. If the Company believes that the information You provide is not correct, or complete, the Company has the right to refuse You access to this Site or any of its resources, and to terminate or suspend Your access at any time.
- 4.5. Notwithstanding Your provision of the information required by the Company, access to the Site or the Services remains at the discretion of the Company.
- 4.6. In order to qualify for a Vehicle, You must have a vehicle history that meets the following specifications;
- 4.6.1. You must be able to legally drive in the Territory (the Territory);
- 4.6.2. You must have a valid driver’s license. If your license is suspended, withdrawn, or expired, you must immediately inform Us of any suspension, withdrawal or expiration of your driver’s license;
- 4.6.3. You must possess any regulatory requirements required for You to access the Site and provide driver services pursuant to the Driver Services Agreement.
- 4.7. To access some of the Services on the site, you may be required to register an Account.
- 4.8. When You register for the Account and from time to time thereafter, we may require You to provide and/or confirm information documentation that will allow Us to identify You such as;
- 4.8.1. Your name;
- 4.8.2. Email address;
- 4.8.3. Mobile device number;
- 4.8.4. Such other information and documentation that we may require from time to time.
- 4.9. When You register to use the Site, you will be asked to create a password; to prevent fraud, You must keep this password confidential and must not disclose it or share it with anyone. If You know or suspect that someone else knows Your password, You should notify us by contacting firstname.lastname@example.org immediately.
- 4.10. Your Account shall be used exclusively by You and You shall not transfer Your account to any third party. If You authorize any third party to access or manage Your account on Your behalf, this shall be at Your own risk and the Company shall not be liable to You in any way whatsoever for any loss or liability arising from the use of Your account contrary to the provisions of these Terms.
- 4.11. You must follow reasonable instructions which we give You or publish on our Site from time to time which are intended to help You to safely use the Services.
- 4.12. You agree to promptly notify Us if You change Your User Information by updating the Account;
- 4.13. If the Company has a reason to believe that there is likely to be a breach of security or misuse of the Site, we may require You to change Your password or we may suspend Your Account.
- 4.14. We may obtain and perform a background check on You.
- 4.15. If we approve your registration, You will be authorised to use the Services, subject to these Terms and Conditions.
5. Licence and Use of the Site
- 5.1. Subject to your compliance with the Terms and Conditions, We grant you a limited, non-exclusive, non-sublicensable, revocable and non-transferable licence to; (x) access and use the Services in the Territory: (y) access and use any content, information and related materials that may be made available to You through the Site, in each case, solely for Your use.
- 5.2. You must not use the Site in connection with prohibited use or other illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organizations. If we reasonably believe You are using the Site in connection with illegal activity or for any fraudulent purpose, or are permitting a third party to do so, we shall report You to the appropriate legal authorities.
- 5.3. When using the Account or the Services, You must do the following;
- 5.3.1. comply with these Terms and Conditions as well as any Applicable Laws, rules or regulations;
- 5.3.2. provide confirmation of any information You provide to us, including proof of identity;
- 5.3.3. co-operate in any investigation that we reasonably carry out, or that is carried out by any law enforcement agency, government agency or regulatory authority;
- 5.3.4. not provide false, inaccurate or misleading information; and
- 5.3.5. not use an anonymising proxy.
- 5.4. Provided it would not be unlawful for us to do so, and it would not compromise reasonable security measures, we will contact You by phone or email if there is an actual or suspected fraud affecting Your use of the Site.
- 5.5. You hereby authorise Us to share, receive, and use data/information collected from your use of the Services with other affiliated third parties. You consent to our transferring Your data to recipients in foreign countries to process such data.
- 5.6. Nothing in these Terms and Conditions or in any information provided by the Company as part of the Services covered by these Terms and Condition is intended to be, nor should it be construed to be, legal or other advice. You must consult Your own professional advisers as to the effect of laws which may apply to Your use of the Services.
- 5.7. You acknowledge and agree that specific components of the Services shall be governed in accordance with the standard terms and conditions imposed by our third-party partners or the Company (as the case may be) and you shall be bound by such terms in the relevant agreements with the Company or our third party partners.
- 6.1. You are prohibited from performing any of the following acts when using the Site;
- 6.1.1. use of the Site for any purpose that is contrary to Applicable Law;
- 6.1.2. infringement on intellectual property rights, portrait rights, publicity rights, or other rights of the Company, customer or third parties;
- 6.1.3. infringement on the privacy of the Company, Passengers or third parties;
- 6.1.4. defamation, insults, or obstruction of business with respect to the Company, or third parties;
- 6.1.5. acts that lead to fraud, blackmail, and other criminal activities;
- 6.1.6. sending, transmitting, or recommending harmful computer programs such as computer viruses;
- 6.1.7. deliberate exposure or posting of false data;
- 6.1.8. sending, posing or communicating, information deemed by the Company as falling under the following items:
- 126.96.36.199. expressions that induce, solicit or encourage suicide or self-injury behaviours, indecent expressions, information about dealing drugs or dangerous drugs, or expression that encourage the use of such drugs;
- 188.8.131.52. promotion and advertisement on religious activities, religious organisations, political activities or political organization;
- 184.108.40.206. information that may have harmful effect on children;
- 220.127.116.11. cruel expressions, sexual expressions and other information that may bring discomfort to others.
- 6.2. In the event You engage in any of the prohibited acts listed in clause 6.1 above, subject to the terms of the agreement between You and the third party partners, (x) the Company reserves the right to immediately terminate your account on the Site; and (y) You agree to indemnify the Company to the full extent of any liability arising from Your engagement in any prohibited acts listed in clause 6.1. above.
7. Privacy Statement
8. Availability of the Site
- 8.1. Although we aim to offer You the best service possible, we make no promise that the Site will meet Your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with the Site You should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can.
- 8.2. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
9. Propertiary Information
- 9.1. The material and content accessible from this Site, and any other worldwide website owned, operated, licensed or controlled by the Company is the proprietary information of the Company. The Company retains all rights, title, and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of the Company, except that You may print out a copy of the Content solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the content except as expressly provided in these Terms and Conditions violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to You by access to this Site.
- 9.2. The Company may scan, transcribe and publish online, Your listings, logos and other materials required. You grant to the Company a royalty- free, perpetual, unrestricted license to use and distribute any materials provided by You, for the purpose of advertising the Company’s services.
Trademarks, service marks, and logo appearing in this Site are the property of the Company or the party that provided the trademarks, service marks and logos to the Company. The Company and any party that provided trademarks, service marks and logos to the Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.
11. The Company’s Right To Suspend Or Cancel Your Registration
- 11.1. We may suspend or cancel Your registration immediately at our reasonable discretion or if You breach any of Your obligations under these Terms and Conditions or if You engage in any of the prohibited acts listed in clause 6.1.
- 11.2. You can cancel Your registration at any time by informing us in writing at firstname.lastname@example.org
- 11.3. The suspension or cancellation of Your registration and Your right to use the Site shall not affect our statutory rights against You.
12. Limitation of Liabilities and Disclaimer
- 12.1. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
- 12.2. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
- 12.3. You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for Your use of the Internet.
- 12.4. THE COMPANY, IT’S SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Site may be hyper-linked to other sites which are not maintained by or related to, the Company. The Company has not reviewed any of such sites and is not responsible for the content of those sites. Hyper-Links are to be accessed at the user’s own risk, and the Company makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Company of that site.
The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM OR ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS BY EITHER OR LAW ENFORCEMENT AUTHORITIES.
You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the indemnified parties) harmless from any breach of these Terms and Conditions by You, including any use of content other than as expressly authorized in these Terms and Conditions. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorney fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from this Site.
16. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible to You for any error or inaccuracy in advertising and sponsorship material.
17. Terms and Termination
- 17.1. This Agreement is valid as soon as You agree to these Terms and Conditions, or fulfil an order referred by the Company and remains valid indefinitely, until termination by either party. Termination can occur at any time, within a period of notice of [.] weeks, in writing, by email, post or fax. The right to immediate termination by the Company remains unaffected.
- 17.2. The right to immediate termination by the Company in particular covers the case where You engage in prohibited acts or repeatedly receive negative ratings and reviews on the Site, and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present Your item is also a ground for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.
18. Applicable Law and Jurisdiction
- 18.1. These Terms and Conditions will be subject to the laws of the Territory. We will try to solve any disagreements quickly and efficiently. If You are not happy with the way we deal with any disagreement and You want to take out court proceedings You must do so within the Territory.
- 18.2. You agree that any dispute or claims that You may have against us will in the first instance be attempted to be settled amicably by the Parties.
- 18.3. If the dispute, difference or claim is not settled amicably within 14 (fourteen) days, the dispute, difference or claim shall be referred to a mediator. You shall bear your own costs and would be liable to contribute the same amount in respect of fees to be paid to the mediator. If mediation is not concluded within 3 (three) months of commencement of the mediation, You reserve Your right to seek redress in a court of relevant jurisdiction.
- 19.1. You may not transfer any of Your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe Your rights will not be affected.
- 19.2. If You breach these Terms and Conditions and the Company chooses to ignore this, this will not constitute or be deemed to be a waiver by the Company of these Terms and Conditions or its rights under applicable law.
- 19.3. The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.