1. DEFINITIONS
1.1.Decentralized Mobility Limited (also referred to as “we”, “our” or “us”) – a private limited company incorporated and registered under the laws of the Federal Republic of Nigeria with Registration Number 1930120 and having its registered address at 50/52 Toyin Street, Ikeja, Lagos, Nigeria or other Decentralized Mobility Limited group or company or partner where the services are not provided by Decentralized Mobility Limited.
1.2.Decentralized Mobility Limited Services – services that Decentralized Mobility Limited provides, including provision and maintenance of the Bloxmove App, Bloxmove Driver Account, e-hailing services, In-app payment, customer support, communication between the Driver and the Passenger and other similar services.
1.3.Bloxmove App – a smartphone application for Drivers and Passengers to request and receive Ehailing Services and to help them move around cities more efficiently built with Web2.0 and/ Web3.0 infrastructure.
1.4.Web2.0 – also known as participative (or participatory) web and social web refers to websites that emphasize user-generated content, ease of use, participatory culture and interoperability (i.e., compatibility with other products, systems, and devices) for end users.
1.5.Web3.0 – a new iteration of the World Wide Web which incorporates concepts such as decentralization, blockchain technologies, and token-based economics.
1.6.Passenger – a person requesting E-hailing Services by using Bloxmove App.
1.7.Driver (also referred to as “you“) – the person providing E-hailing Services via the Bloxmove App through the use of any vehicle as defined under Section 231 of the National Road Traffic Regulation 2012, and other relevant laws in force within the Federal Republic of Nigeria and its respective states. Each Driver will get a personal Bloxmove Driver Account to use Bloxmove App.
1.8.Agreement – (Also referred to as “General Terms”, “Agreement” or “Policy”) this General Terms of Use and Policy between Driver and Decentralized Mobility Limited regarding the use of Decentralized Mobility Limited Services which consists of:
1.8.1. these General Terms;
1.8.2. special terms displayed in the Bloxmove App, e.g. regarding price info or service descriptions;
1.8.3. the Drivers guidelines; and
1.8.4. other terms referred to in this Agreement as may be amended from time to time.
1.9.E-hailing Services – means using E-hailing Vehicle through the Bloxmove App as connecting platform linking Passengers with Drivers to help them move around cities more efficiently; and whose request the Driver has accepted through the Bloxmove App.
1.10.E-hailing Vehicle – means Bus, Car or Tricycles used for E-hailing Services via the Bloxmove App
1.11.Fare – the fee a Passenger is obliged to pay Driver for provision of the E-hailing Services.
1.12.Bloxmove Fee – the fee that Driver is obliged to pay to Decentralized Mobility Limited for using the Bloxmove App. 1.13.In-app Payment – shall constitute crypto payments via the Valora wallet, debit/credit card and other payment methods used by the Passenger via the Bloxmove App to pay for the E-hailing Services.
1.14.Bloxmove Driver Account – access to a website containing information and documents regarding usage of the Decentralized Mobility Limited Services in course of provision of Ehailing Services, including accounting documentation. Driver may access the Bloxmove Driver Account on the Company’s website (company.bloxmove.ng) by entering username and password.
1.15.Valora Wallet – Valora Wallet is a mobile crypto wallet that enables global payments and easy access to decentralized apps.
1.16.Crypto Wallet – stores users’ public and private keys while providing an easy-to-use interface to store and manage crypto currencies, assets, and balances.
1.17.Wallet Address – the wallet address is a unique identifier of a crypto wallet. The wallet address format depends on the respective blockchain, but it usually consists of around 25 to 40 alphanumeric characters and includes numbers, letters and sometimes even special symbols.
2. ENTRY INTO THE AGREEMENT
2.1.Prior to using the Bloxmove Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the “Sign up” button located at the end of the signup application, you represent and warrant that:
2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Bloxmove App for providing the Transportation Service;
2.1.2. you are no less than 21 years old and legally authorised to provide E-hailing services as a driver according to all laws relating to and regulating the use of E-hailing services in Nigeria;
2.1.3. you have a valid driver licence and/or Hackney Permit where applicable, and you are physically fit, and have the necessary skills and expertise to use, ride and operate E-hailing services, in a safe and competent manner;
2.1.4. you have an Original Annual certificate of competence from local Drivers’ Institute in order to determine your competence and fullness;
2.1.5. you have a National Identity Card and State Residents Registration Agency Card;
2.1.6. you have obtained a Vehicle inspection report;
2.1.7. you have obtained a Vehicle insurance policy in respect of third party risks in accordance with the provisions of Section 3 of the Motor Vehicles (Third Party Insurance) Act of 1945;
2.1.8. you have obtained a Roadworthiness certificate;
2.1.9. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from this Agreement;
2.1.10. all the information you have presented to us is accurate, correct and complete;
2.1.11. you will keep the Bloxmove Driver Account accurate and profile information updated at all times;
2.1.12. you will not authorize other persons to use your Bloxmove Driver Account nor transfer or assign it to any other person;
2.1.13. you will not use the Decentralized Mobility Limited Services for unauthorized or unlawful purposes and impair the proper operation of the Decentralized Mobility Limited Services; and
2.1.14. at all times, you fully comply with all laws and regulations applicable in the state you are providing E-hailing Services in, including (but not limited to) laws regulating passenger Ehailing Services throughout the Federal Republic of Nigeria and her respective states.
2.2.You are obliged to provide your wallet address and/or bank details and information in course of filling the payment details upon registration. In case you are a legal person, you must insert the wallet address and/or bank account of the company. Decentralized Mobility Limited shall redirect all In-app Payment fees to the wallet address and/or bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong wallet or bank requisites.
2.3.Upon the submission of your signup application, you will receive an e-mail with additional conditions that must be met in order to use our Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use our Services.
2.4.You agree that Decentralized Mobility Limited reserves the right to assign some of its operations or obligations arising from the General Terms or Agreement to other Decentralized Mobility Limited group companies and partners within some specified areas or cities within Nigeria. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of Bloxmove Fees, forwarding you the fees due, mediating In-app Payment, licensing the Bloxmove App, etc.
2.5.Decentralized Mobility Limited requires you to be a legal person at all times. If the recipient of the fees is marked as a legal person in payment details (as accessible in the Bloxmove Driver Account), in such case, the indicated legal person is considered to be the provider of E-hailing Services and a party to these General Terms of Use and Policy and any further agreements. Only the specific natural person indicated in the signup process may factually provide the E-hailing Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms of Use and Policy and any further documentation that is part of the Agreement. The legal person in the payment details and the natural person factually providing the E-hailing Services under the Bloxmove account shall remain jointly and severally liable for any infringement of the general terms and agreement conducted by the driver.
2.6.Decentralized Mobility Limited reserves the right to register a Driver Account as fleet company. Upon concluding a separate agreement, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
3. RIGHT TO USE BLOXMOVE APP AND BLOXMOVE DRIVER ACCOUNT
3.1.The use of the Decentralized Mobility Limited Services requires installation of the Bloxmove App. During the installation of the Bloxmove App, your mobile number will be linked to Your Driver Account and added to Our database.
3.2.We may update the Bloxmove App from time to time in order to provide You with the best possible service. The services available via the App are only accessible with an internet connection. There are no specific technical requirements for the internet connection, however, the quality of the service may be affected by the internet speed. The Bloxmove App is available on Android and Apple devices in accordance with the latest software updates.
3.3.When creating and using Driver Account, You:
3.3.1. agree to only use Your real name, accurate personal information, wallet and card information for setting up the Account, and keep such information up to date at all times;
3.3.2. agree that You may be requested to provide proof of identity in the form of a picture from Your driver licence or a government identification document to obtain or maintain access to the Decentralized Mobility Limited Services;
3.3.3. are liable for the access, control and security of Your Account, and responsible for: (i) the user name and password for Your Account; and (ii) all actions carried out under Your Account, including, but not limited to, activating (unlocking), using, deactivating (finishing Your ride) and proper parking of the vehicle pursuant to this Agreement and as the case may be in the Permitted Parking Area, or failing to do so, unless You have reported misuse of Your Driver Account pursuant to Section
3.3.4. We may assume that anyone using Your Driver Account and password is authorised by You to do so;
3.3.4. agree to notify Us immediately if You become aware of any unauthorised access to or use of Your Driver Account, or other situation that may cause loss of control of Your Driver Account;
3.3.5. agree that We have the right to suspend or disable Your Account to the extent required to (i) secure lawful use of App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes; (ii) ensure Your compliance with this Agreement; (iii) comply with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body; or (v) as otherwise set forth in this Agreement; and
3.3.6. agree that We may send You text (SMS), push notifications and e-mail messages in connection with the Services.
3.4.Subject to your compliance with the Agreement, We hereby grant you have a license to use the Bloxmove App and the Bloxmove Driver Account. The license does not grant you the right to sublicense or transfer any rights to third persons. Regardless of the above and if so agreed separately in a Service Level Agreement, fleet companies only may sub-license the Bloxmove App and the Bloxmove Driver Account to the members of its fleet.
3.5.In course of using the Bloxmove App and/or Bloxmove Driver Account you may not:
3.5.1. decompile, reverse engineer, or otherwise attempt to modify or gain unauthorized access to the Bloxmove App or the Bloxmove Driver Account in any manner or form or to use modified versions of the Bloxmove App or Bloxmove Driver Account; and
3.5.2. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on the Bloxmove App;
3.6.In case of any defaults in the Bloxmove App, we shall endeavor to correct them as soon as possible, but You acknowledge that the functionality of the App may be restricted due to occasional technical errors and We are not able to guarantee unlimited faultless functioning of the App at all times. We accept no liability for any losses incurred as a consequence of the App not functioning or not being usable in the desired manner.
3.7.The License granted to you for this use of the Bloxmove App herein revokes automatically and simultaneously with termination of the Agreement and after termination of the Agreement you must immediately stop using the Bloxmove App and the Bloxmove Driver Account and we are entitled to block and delete Your Driver account without a prior notice.
3.8.We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing E-hailing Services via the Bloxmove App. After termination of the Agreement you must immediately remove and discard any signs that refer to the Bloxmove brand.
3.9.All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Decentralized Mobility Limited and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Bloxmove App or any other Decentralized Mobility Limited Services you do not acquire any rights of ownership to any intellectual property.
4. PROVIDING THE E-HAILING SERVICES
The Driver’s Obligations
4.1.You hereby guarantee to provide E-hailing Services in accordance with the General Terms of Use and Policy, as well as laws and regulations applicable in the state where you are providing Ehailing Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing E-hailing Services.
4.2.You must have all requisite licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the E-hailing Services. It is your obligation to maintain the validity of all aforementioned documentation. Decentralized Mobility Limited reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
4.3.You must provide the E-hailing Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger’s request in the best interest of the Passenger. Among else, you (i) must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make any unauthorised stops; (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iv) must adhere to all applicable traffic rules and regulations, i.e. must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in Your hand while the vehicle is moving.
4.4.You retain the sole right to determine when you are providing the E-hailing Services. You shall accept, decline, or ignore E-hailing Services requests made by Passengers at your own choosing.
4.5.You are obliged to provide and maintain all equipment and means that are necessary to perform the E-hailing Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur while performing the E-hailing Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Bloxmove App may bring about a hike in the consummation rate of data on your mobile data plan.
Fares
4.6.You are entitled to charge a fare for each instance you have accepted a Passenger on the Bloxmove App and complete the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific journey as determined by the GPS-based device and the duration of the specific travel. The default base fare may fluctuate based on the local market situation.
4.7.In markets with In-app payments, you may negotiate the Fare by sending us a pertinent request that has been either signed digitally or by hand. Additionally, you shall always have the right to charge the Passenger less than the Fare indicated by the Bloxmove App. However, charging the Passenger less than the Bloxmove App indicates, does not decrease the Bloxmove Fee.
4.8.In markets with In-app payment, if you find that there has been an error in the calculation of the Fare and wish to make corrections in the calculation of the Fare, you must submit a petition in the section “Fare Review” of the Bloxmove App. If a petition in the section “Fare Review” of the Bloxmove App has not been submitted, then Decentralized Mobility Limited shall not recalculate the Fare or reimburse you for an error made in the calculation of the Fare. This option is not applicable in markets with only Crypto payments.
4.9.Decentralized Mobility Limited may adjust the Fare for a particular order completed, if we detect a violation (such as taking a longer route or not stopping the fare meter of the Bloxmove App after the E-hailing Services have been completed) or in case a technical error affecting the final fare is identified. Decentralized Mobility Limited may also reduce or cancel the fare in case we have reasonable cause to suspect a fraud or a complaint by the Passenger indicates a violation by you. Decentralized Mobility Limited will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.
4.10.Passengers may have the option to pay the fare for the E-hailing Services via their Valora Wallet or Debit/Credit Card Payment. In case the Passenger fails or refuses to pay, Decentralized Mobility Limited will send a notice of debt to the Passenger on behalf of you. Such authorisation derives from the mandate of paying agent given to Decentralized Mobility Limited and does not entail that Decentralized Mobility Limited has an obligation to compensate the Fare not paid by the Passenger. If the passenger in the vehicle does not agree to pay the Fare for the provision of Transportation Service, the Fare will be paid by the Passenger who ordered the provision of Transportation Service. If the Passenger justifiably refuses to pay the Fare on the account that your information stated in the Bloxmove App is incorrect, then Decentralized Mobility Limited will not reimburse you for such expenses.
4.11.After each successful provision of E-hailing Services, Decentralized Mobility Limited shall create and forward a receipt to the Passenger consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date, the time, the start and end locations, the duration and length, and the Fare paid for the provision of the E-hailing Services. The receipt of each provision of E-hailing Services is available to you via the Bloxmove Driver Account.
4.12.Decentralized Mobility Limited has a right to issue an invoice on your behalf to the Passenger in order to compensate you any Fares, contractual penalties or other fees that Decentralized Mobility Limited mediates to you. In markets where Decentralized Mobility Limited issues invoices, the invoice will be made available to you via the Bloxmove Driver Account.
4.13.If, during the provision of the E-hailing Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you shall have the right to request the Passenger to pay a penalty up to (INSERT AMOUNT) and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, you must notify us and we will then try to collect penalty and/or relevant costs on your behalf from the Passenger. However, bear in mind that we are not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by the Passenger. Tax
Obligations
4.14.You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the E-hailing Services, including (i) paying income tax, withholding tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding your activities, we may make available to the Tax authority the information regarding your activities to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of E-hailing Services. You hereby agree to compensate Decentralized Mobility Limited all state fees, claims, payments, fines or other tax obligations that Decentralized Mobility Limited will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and withholding tax).
5. BLOXMOVE FEES
5.1.In order to use the Decentralized Mobility Limited Services, you are obliged to pay a Service fee of (INSERT PERCENTAGE) (i.e. the Bloxmove Fee) based on the Fare of each Transportation Service order that you have completed. The amount of the Bloxmove Fee is made available to you via e-mail, the Bloxmove App, the Bloxmove Driver Account or other pertinent means. Please acknowledge that the Bloxmove Fee may change from time to time. We shall send you a prior notification of each such change.
5.2.In fulfilling your obligation to collect the Fare in 4.10, you must pay the Bloxmove Fee and any other fees due to us for the previous month at latest by the (INSERT DATE) of the following month. Upon delay with payment of the Bloxmove Fee, you shall be obliged to pay a penalty of late payment in the amount of (INSERT PERCENTAGE) of the unpaid amount per day. You are obliged to cover all costs incurred by us, which are related to debt collection activities.
6. IN-APP PAYMENTS
6.1.We may enable Passengers to pay for the E-hailing Service via wallet and debit/credit card payment methods (Company Business etc) directly in the Bloxmove App (i.e. In-app Payment). You hereby authorise us as your commercial agent to receive the Fares or other fees paid by the Passenger via In-app Payment and to forward relevant funds to you. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.
6.2.You may not refuse payment by the Passenger via the In-app Payment, or influence the Passenger against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount (INSERT PENALTY) for every refusal and/or block your right to use the Decentralized Mobility Limited Services in case of repetitive behaviour.
6.3.Decentralized Mobility Limited reserves the right to distribute promo code to riders at our discretion on a per promotional basis. You are required to accept the use of promo code. If the use of promo codes is suspected as being fraudulent, illegal, used by a Driver in conflict with our Terms and Conditions relating to promo code use, then the promo code may be canceled and the outstanding amount will not be reimbursed by Decentralized Mobility Limited to the Driver.
6.4.You are entitled to review In-app Payment reports in the Bloxmove Driver Account or App. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Bloxmove Fee. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app Payment.
6.5.We are not obliged to pay you the Fare due from the Passenger if the In-app Payment failed because Passenger’s wallet or debit/credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Fare due from the Passenger and shall transmit it to you once the Passenger has made the requested payment.
6.6.Before providing E-hailing Services, you must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger’s account. If you make a mistake in identifying the Passenger, and the Inapp Payment is charged to a person, who has not been provided or has not approved the Ehailing Services for other passengers, then we shall reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty up to (INSERT PENALTY).
6.7.Please note that we will set off any Fares paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. Bloxmove Fees and contractual penalties). We reserve the right to fulfil any of your financial liabilities to any Decentralized Mobility Limited group companies, in which case we will acquire the right to submit a claim against you. We may set off any of your financial liabilities against financial liabilities that you may have against us.
6.8.If we are not able to pay the Fees or Tip (to you) due to you not including your wallet address or bank account details in your Driver´s account or if the bank account details have been noted incorrectly, then we will hold such payments for a period of (INSERT DAYS). If you do not notify us of the correct bank account details within this period from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare not transferred to you shall expire. If you submit a wrong wallet address and the payment has been made, the payment will be deemed forfeited by you due to your provision of the wrong address and irreversibility of the transaction.
6.9.We provide the Drivers customer support regarding the use of the Decentralized Mobility Limited Services at all times.
7. RATINGS AND ACTIVITY
7.1.In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the E-hailing Services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Passengers at Bloxmove App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.
7.2.In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service requests.
7.3.In order to provide reliable services to Passengers, we may determine a minimum average rating and a minimum activity score that Drivers must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed period, your Driver´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances, or it is detected that the suspension was caused by a system error or false ratings.
8. CAMPAIGNS, PROMOTIONS AND ADVERTISMENT
8.1.We may send you, via the Bloxmove App, Bloxmove Driver Account, SMS, e-mail or other means, campaigns, promotions and advertisement, in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
8.2.We may also provide campaigns, whereby we will guarantee a minimum income if you provide E-hailing Services within a particular period. If the specified minimum is not reached by you, we shall compensate the gap. The specific requirements and conditions will be sent via the Bloxmove App, Bloxmove Driver Account, SMS, e-mail or other means. We have full discretion in deciding if, when and to which Drivers we provide such campaigns. If we have reasonable cause to suspect any fraudulent activity by you, we may withhold your Fare until the suspicion of fraud has been cleared.
8.3.Campaigns for Passengers: We may also occasionally arrange various campaigns to Passengers in order to promote the Bloxmove App. If the Fare paid by the Passengers is reduced as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Passengers. We may set off the marketing compensation against the Bloxmove Fee.
9. RELATIONSHIP BETWEEN YOU, DECENTRALIZED MOBILITY LIMITED AND THE PASSENGERS
9.1.You hereby acknowledge that by providing the Bloxmove App and Decentralized Mobility Limited Services, we act as connecting platform linking Passengers with Drivers to help them move around cities more efficiently. As Driver, you acknowledge that you are providing the Ehailing Services on the basis of a contract for carriage of passengers and that you provide the Ehailing Services either independently or via a company as an economic and professional activity. Decentralized Mobility Limited, as the operator of Bloxmove App acts as the commercial agent of the Drivers for the mediation of conclusion of contracts between the Driver and the Passenger, and thus, among other things, accepts payments from the Passengers and forwards the payments to the Driver.
9.2.You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and Decentralized Mobility Limited. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
10. DATA PROCESSING AND PROTECTION
10.1.Decentralized Mobility Limited has access to all personal data and other data provided or generated in connection with your use of the Decentralized Mobility Limited Services. Decentralized Mobility Limited shall take all reasonable steps to ensure confidentiality of such data and comply with the Nigerian Data Protection Regulation 2019 and any other applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Decentralized Mobility Limited maintains access to such data also after the Agreement between you and Decentralized Mobility Limited is terminated.
10.2.You have access to personal and other data provided by you or generated in connection with your use of Decentralized Mobility Limited Services to the extent that is made available to you under your Bloxmove Driver Account through the Bloxmove App. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Passengers.
10.3.Decentralized Mobility Limited processes the following Personal data:
10.3.1. Name, e-mail, phone number, place of residence;
10.3.2. Geolocation of drivers and driving routes;
10.3.3. Information about vehicles (including registration number);
10.3.4. Driver’s engagement and interactions on the Bloxmove App and driver ratings (including Driver Score);
10.3.5. Driver’s license, photo, profession and identity documents;
10.3.6. Data about criminal convictions and offences;
10.3.7. Communication and correspondence records such as when the driver engages with our inapp chat (“Send a Message” option), or speak with our customer service agents, the date and time of the communication, and its content.
Purpose of Processing Data
10.4. We collect and process personal data for the purpose of connecting passengers with drivers to help them move around cities more efficiently:
10.4.1. geolocation and driving routes are processed to analyse the geographical area and give suggestions to the drivers. If you do not want to disclose your geolocation for passengers, you must close the Bloxmove app or indicate in the Bloxmove app that you are offline and currently are not providing E-hailing Services;
10.4.2. driver’s license, profession, identity documents and criminal convictions and offences are processed to determine the compliance with the legal requirements and the suitability of pursuing a profession as a driver;
10.4.3. the Bloxmove app displays driver’s photo, name and vehicle details for the passengers to identify driver and vehicle;
10.4.4. you will receive summaries from the Bloxmove Driver Portal, which will include your efficiency and ratings as a driver. Summary and ratings about driver are necessary to provide a reliable service for passengers;
10.4.5. Personal data related to instant messages directly in the Bloxmove App is processed in order to provide service and customer support (including resolving disputes between driver and rider), for security purposes as well as to improve our products and services, and for analysis;
10.4.6. We collect and use information about a driver’s engagement and interaction on the marketplace, and their ratings (including Driver Score) to encourage user safety, ensure drivers comply with the Driver Terms, and make sure we’re providing a quality and enjoyable service to everyone. Where the Driver Score drops below a specified threshold, we may issue the driver with a notification or request to, for example, digest some further guidance. If your score continues to drop, you may be temporarily suspended from accessing the Bloxmove App. You may appeal any decision to suspend your account. For further information on how to appeal a decision to suspend your account, please see our FAQ on Driver Score here.
Legal basis for Data Processing
10.5.Personal data is processed for the performance of the contract concluded with the driver. The prerequisite for the use of the Decentralized Mobility Limited services is the processing of driver’s identification and geolocation data. Personal data may be processed on the ground of legitimate interest, including for the purpose of investigating and detecting fraudulent payments. Data regarding the criminal convictions and offences is processed for compliance with a legal obligation.
Recipients
10.6.Your name and photo is disclosed to passengers, when you have received their order. When you have accepted the passenger’s order, passengers will see driver’s name, vehicle, phone number, photo and geolocation data. Passengers also see driver’s personal data in the receipt. Depending on the location of the driver, the personal data may be disclosed to Decentralized Mobility Limited local subsidiaries, representatives, affiliates, agents, fleet owners etc). Processing of personal data by will occur under the same conditions as established in this privacy notice.
Security and Access
10.7.Any personal data collected in the course of providing services is transferred to and stored in the data centre of (INSERT LOCATION). Only authorised employees of Decentralized Mobility Limited group companies and partners have access to the personal data and they may access the data only for the purpose of resolving issues associated with the use of the services (including disputes regarding E-hailing).
Correction, Retention, and Data Portability
10.8.Your personal data will be stored as long as you have an active driver’s account. If your account will be closed the personal data will be stored for additional 3 year period while data necessary for accounting purposes shall be stored for 7 years. In the event that there are suspicions of a criminal offence, fraud or false information having been provided, the data will be stored as long as necessary according to the internal, legal, and regulatory requirements. In the event of disputes, the data shall be retained until the claim is satisfied or the expiry date of such claims.
10.9.We respond to the request for deleting and transferring personal data submitted by an e-mail within a month and specify the period of data deletion and transfer. The retention period for the data about instant messages directly in the Bloxmove app messages is (INSERT DAYS) days, except cases where messages are related to a reported incident – in which case we will store them for (INSERT PERIOD).
11. LIABILITY
11.1.You acknowledge and agree that Your use of the Bloxmove App and provision of E-hailing Services though Decentralized Mobility Limited is at Your sole and individual risk, and that we are not responsible for any consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown, that You or a third party may suffer as a result of Your use of the Services.
11.2.You fully understand such risks by acknowledging that:
11.2.1. E-hailing Services involve many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or death to You or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided;
11.2.2. the E-hailing Vehicle is a machine that may malfunction, even if properly maintained, and that such malfunction may cause injury; and
11.2.3. wearing a seatbelt and other protective equipment and diligent compliance with the Transport Rules and Regulations operational in the Federal Republic of Nigeria and other specific States of operation, and this General Terms of Use and Policy are essential to reduce Your risk of injury and risk of causing injuries or damage to others.
11.3.If Your provision of E-hailing Services cause any injury or damage to another person or property, then You will be liable for any and all consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, fees, costs and expenses, penalties, legal fees, judgments, suits or disbursements of any kind, whether foreseeable or unforeseeable, and whether known or unknown. If Your conduct causes Us to pay third parties’ claims, You are solely responsible to Us, and agree to indemnify Us, for all losses incurred by Us in paying those third party claims.
11.4.We reserve the right to offer a liability insurance arrangement (“Insurance Cover”), to insure, subject to limitations and exceptions of the Insurance Cover, liability You incur in respect of injury to a third party or accidental damage to the physical property of a third party arising from Your use of the E-hailing Services. If, for any reason, You are not eligible for the Insurance Cover, then You understand and acknowledge that You assume liability for any and all costs caused by You to a third party, including without limitation costs of ambulance transport services, hospital stays and medical treatment.
11.5.Neither Us nor You shall be responsible for damages or for delays or failures in performance resulting from circumstances beyond the reasonable control of the non-performing party, including, without limitation an element of nature or an act of God, earthquake, fire, flood, war, terrorism, civil, industrial or military disturbance, sabotage, labour strike or lock-outs, pandemic, epidemic, riot, loss or malfunctioning of utilities or communication services, major cyber-attack, court order, act of civil or military authority, or governmental, judicial or regulatory action.
11.6.To the maximum extent permitted under the applicable law, neither We nor any of Our affiliates, representatives, directors or employees are liable for any loss or damage that You may incur under or in connection with this General Terms of Use and Policy or as a result of using the Bloxmove App, including but not limited to:
11.6.1. any direct or indirect property damage or monetary loss;
11.6.2. loss of profit or anticipated savings;
11.6.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
11.6.4. loss or inaccuracy of data; or
11.6.5. any other type of loss or damage.
12. VEHICLE STANDARDS
12.1.It is Your responsibility to conduct a diligent safety check prior to use of the vehicle to ensure that vehicle meets the stipulated vehicle specifications and requirements with including but without limitation to safety, security and realistic gadgets such as ABS. air-conditioned, airbags, electronic central locks as well as the following:
(a) good condition of exterior;
(b) good condition of wheels (i.e. that the wheels are not flat or impeded by debris or mud);
(c) safe operation of brakes;
(d) sufficient battery power;
(e) testing that the horn of the vehicle is working;
(f) lights and reflectors are in good working condition if You intend to ride the vehicle during the hours of darkness;
(g) vehicle is brand new and where not brand new is not be older than ten (10) years of manufacture as specified by the manufacturer with a capacity not less than 1.3 cc engine capacity;
(h) vehicle is free from any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need; and
(i) follow the instructions, in particular, the Safety Toolkit, which are provided to You in the Bloxmove App at the time of registering the vehicle.
12.2.Throughout the ride You shall constantly monitor that the vehicle and its operation complies with the above safety requirements. If at any time during the ride You discover a breach of safety requirement(s) or notice any other potentially unsafe defect, condition or threat, You must immediately cease riding the vehicle, when it is safe to do so, and notify Us.
12.3.You shall ride and operate the vehicle safely at all times. When using, riding or operating the vehicle, You shall:
(a) comply with all applicable traffic laws and regulations;
(b) comply with the Safety Toolkit instructions;
(c) use the safety gear as recommended and as required pursuant to the above laws, regulations and instructions, and, which are reasonably required to mitigate the risk of personal injury (Such as helmet, protective pads and proper shoes);
(d) not ride the vehicle under the influence of alcohol, drugs, medication or other substances that may impair Your ability to safely operate the vehicle;
(e) observe the speed limit and adapt the speed according to the situation taking into account Your driving experience, road conditions, state of the road and the vehicle, weather conditions, density of the traffic and other traffic conditions so that You are able to stop the E-Vehicle without hitting any obstacle that is or can reasonably be expected to be on the road.
(f) not use any mobile phone, tablet, laptop, text messaging device, music player, or other device that may distract You from safely riding the vehicle;
(g) not ride the vehicle on unpaved roads, through water (beyond normal urban riding), or in any location that is prohibited, illegal or poses nuisance to others;
(h) not ride the vehicle on expressways and restricted roads (if applicable);
(i) not ride the vehicle against the flow of traffic;
(j) not ride the vehicle on roads that are meant exclusively for pedestrians;
(k) shall not ride beyond permitted riding perimeter specified by the Bloxmove App;
(l) not ride in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it dangerous to ride the vehicle;
(m) not exceed the maximum weight limit (INSERT LIMIT) of the vehicle;
(n) not carry more than four (4) persons; and
(o) not carry any items (e.g. briefcases, backpacks, bags and/or other items) if these may prevent You from being safely able to operate the vehicle.
12.4. You shall:
(a) not park the vehicle in a manner that may contravene any applicable Local Laws;
(b) not obstruct the road, impede traffic or excessively clutter the sidewalks;
(c) park the vehicle visibly and in the standing position so that other users can also enjoy the use of the vehicle;
(d) follow the parking instructions displayed in the App and, if applicable, park the vehicle in the designated Permitted Parking Area;
(e) report any vehicle not parked in a Permitted Parking Area while using the Services, by notifying Us.
13. TERM, SUSPENSION AND TERMINATION
13.1.The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing E-hailing Services on Bloxmove App.
13.2.You may terminate the Agreement at any time by notifying Decentralized Mobility Limited at least 7 (seven) days in advance, after which your right to use the Bloxmove App and Decentralized Mobility Limited Services shall terminate. Decentralized Mobility Limited may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
13.3.Decentralized Mobility Limited is entitled to immediately terminate the Agreement and block your access to the Bloxmove App without giving any advance notice in case you breach the General Terms of Use and Policy or Agreement, any applicable laws or regulations, disparage Decentralized Mobility Limited, or cause harm to Our brand reputation or business as determined by Decentralized Mobility Limited in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Driver account.
13.4.We may also immediately suspend (block) your access to the Bloxmove App and to the Bloxmove Driver Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
13.5.We are aiming to provide the highest quality service to all Passengers therefore we are monitoring the activity of Drivers on Bloxmove App. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.
13.6.The Driver and fleet company referred to in this General Terms of Use and Policy has the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of Decentralized Mobility Limited with the terms laid out in this Agreement in accordance with the Decentralized Mobility Limited Dispute Resolution Mechanism.
14. AMENDMENTS
14.1.Decentralized Mobility Limited reserves the right to amend these General Terms of use and Policy anytime by uploading the revised version on its website and notifying you (e.g. via email, Bloxmove App or Bloxmove Driver Account) whenever, in the reasonable opinion of Decentralized Mobility Limited, such amendments are material.
14.2.Decentralized Mobility Limited shall provide at least (INSERT NOTICE PERIOD) advance notice (e.g. via e-mail, Bloxmove App or Bloxmove Driver Account) about the amendments that affect the rights of Business Users Operating in the Member State, unless:
14.2.1. Decentralized Mobility Limited is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period;
14.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Decentralized Mobility Limited Services, Passengers or Drivers from fraud, malware, spam or data breaches;
14.2.3. you have elected to waive the advance notice period (e.g. you continue to use the Decentralized Mobility Limited Services after receipt of the notice of amendment); or
14.2.4. in the reasonable opinion of Decentralized Mobility Limited, amendments are beneficial for the Drivers and do not require technical adjustments from them.
14.3.If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Decentralized Mobility Limited Services and providing termination notice to Decentralized Mobility Limited. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the Decentralized Mobility Limited Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms of Use and Policy, as amended.
15. APPLICABLE LAW AND COURT JURISDICTION
15.1. Any dispute arising from the use of the Bloxmove, or Bloxmove Services resolved through customer support (INSERT EMAIL OR URL) or by contacting Decentralized Mobility Limited’s Complaint Centre (INSERT EMAIL OR URL).
15.2.The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria.
16. NOTICES
You are obliged to immediately notify us of any changes to your contact information. Notices and any other communication in connection with this Agreement or Services should be provided through the Bloxmove App, sent by e-mail to (INSERT EMAIL) or reported through customer support channels made available on Bloxmove App or website.
17. FINAL PROVISIONS
If any provision of the General Terms of Use and Policy is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.