These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the bloXmove (d)app – technology which connects passengers with drivers to help them move around cities more efficiently.
The term “us” or “we” refers to Decentralized Mobility Limited 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 Decentralized Mobility Limited Services are not provided by Decentralized Mobility Limited group or company or partner where the services are not provided by Decentralized Mobility Limited.
In order to use bloXmove app you must agree to the terms and conditions that are set out below:
1. Using the bloXmove (d)app
1.1 Decentralized Mobility Limited provides an information society service through Bloxmove app that enables mediation of the requests for transport services between the passengers and drivers and Bloxmove does not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Decentralized Mobility Limited is not responsible in any way for the fulfilment of the contract entered into between the passenger (you) and the driver. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers.
1.2 The passenger (you) enters into an agreement with the driver for the provision of transport services via the Bloxmove app. You can choose whether to pay the driver for the transport service via debit card or crypto payment (using the BLXM token, or other future cryptocurrencies as supported by the Bloxmove app). Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges. If you wish, you may also choose to pay a Tip to the driver directly or via the use of Bloxmove in-App Payment. We may limit the maximum value of a Tip at our sole discretion.
2. Registering Your Account
2.1 After downloading and installing the Bloxmove App, You must create a user account.
2.2 During the Account registration Your mobile number and email address will be linked to Your Account and added to our database. You must sign up by providing the requested information in the signup application and uploading necessary documentation as required by Us. You must also acknowledge that you have read and understood this agreement.
2.3 You must download a wallet that supports the authorized blockchains (e.g. CELO for Valora), which processes and holds the NFTicket and is linked directly to your bloXmove account.
2.4 You must keep safe your wallet recovery phrase to avoid irretrievable loss or access to Your money.
2.5 You can also connect Your Account with Your valid credit or debit card or other payment method supported by the Bloxmove App.
3. Promotional Codes
3.1 Decentralized Mobility Limited may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a Third Party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.
3.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your selected account payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot carry over to a next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.
3.3 Bloxmove reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Bloxmove deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
4. Bloxmove in-App Payment
4.1 Depending on the payment options, you can pay for the transport services with a card, or Cryptocurrency (i.e blxm token) as and when available through the Bloxmove App. By providing Bloxmove in-App Payment service, we act as the commercial agent for the providers of the transport services. Every driver has authorized us as their commercial agent for the mediation of conclusion of contracts between the driver and the passenger, including the power to accept payments from the passengers and to forward the payments to the driver. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to Bloxmoves’ bank account or the wallet address You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
4.2 You may choose to pay a Tip to the driver using the Bloxmove In-app Payment service. The Tip can be paid via the In-app Payment by means authorized by Us for that purpose. We will not hold a commission for the brokerage of the Tip and the Tip will be transferred to the driver in full amount, excluding any taxes, if applicable. Decentralized Mobility Limited reserves the right to withhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used in conflict with Decentralized Mobility Limited Terms and Conditions
4.3 When making payments by Bloxmove in-App Payment, We receive your payments and forward money to the driver. We may ask additional data from you to verify payment method.
4.4 When making payments for transport services, We are not responsible for possible third-party payment costs (e.g. mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Bloxmove Payment. We are not responsible for any such fees and disclaim all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
4.5 We will be responsible for the functioning of Bloxmove Payment and provide support in resolving problems. The resolution of disputes related to Bloxmove Payment also takes place through us. For payment support service please contact: [[email protected]]. Inquiries submitted by e-mail or Bloxmove App will receive a response within one to three business days. We will resolve Bloxmove in-App Payment related complaints and applications within one working week. If not achievable, support will inform you of the required time.
4.6 Upfront Fare. You may be offered to use a ride option that allows you to agree to a fixed Fare for a given instance of Transportation service provided by the Driver (i.e. Upfront Fare). Upfront Fare is communicated to you via the Bloxmove App before the ride is requested. Upfront Fare shall not be applied if you change the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g. a route is used where tolls apply).
5. Ordering and Cancelling Transport Services
5.1 If you order a transport service in the Bloxmove app and the driver has agreed to undertake the work, then the transport service is considered to be ordered.
5.2 A special 4-5 digit code is generated for your confirmation of ride with driver when the driver arrives at pick-up location.
5.3 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. Bloxmove does not provide journeys and is not a party to your agreement with the relevant driver.
5.4 Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are required to pay a cancellation fee.
5.5 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g. 6 months). After that period you could ask to reactivate your account and your application will be reviewed by us.
5.6 When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within 5 minutes of arrival, the request will be deemed cancelled. Sometimes a driver may decide to cancel your request, please note that Decentralized Mobility Limited is not responsible for such situations.
5.7 If you have requested transport services using the Bloxmove app and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the Driver will have the right to require you to pay a penalty as compensation for any damages caused by the User.
6. License to Use the Bloxmove App
6.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the Bloxmove app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the Bloxmove app. In the event that your right to use Bloxmove app is cancelled, the corresponding non-exclusive license will also be cancelled.
7. Liabilities
7.1 As the Bloxmove app is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of Bloxmove app for requesting transport services depends on the behavior of the drivers, Decentralized Mobility Limited does not guarantee that you will always have offers available for the provision of the transport services.
7.2 The Bloxmove app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The Bloxmove app is used as the means for organizing the provision of transport services.
7.3 The consumer’s right of refund is not applied to Bloxmove app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
7.4 The Bloxmove app is provided on an “as is” and “as available” basis. Decentralized Mobility Limited does not represent, warrant or guarantee that access to Bloxmove app will be uninterrupted or error free. In case of any faults in the software, we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
7.5 Decentralized Mobility Limited, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Bloxmove app or relying on, the journey contracted for through the Bloxmove app, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit;
- loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
- loss or inaccuracy of data; and
- any other type of loss or damage.
7.6 The financial liability of Decentralized Mobility Limited in connection with breach of the contract will be limited to 3,000 Naira. You will have the right to claim for damages only if Decentralized Mobility Limited has deliberately violated the contract. Decentralized Mobility Limited will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
7.7 You agree to fully indemnify and hold Decentralized Mobility Limited, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Bloxmove app (including the journeys you obtain through your use of the Bloxmove app).
7.8 Decentralized Mobility Limited may immediately end your use of the Bloxmove app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Decentralised Mobility Limited or the safety of drivers.
8. Good Practice Using the Bloxmove App
8.1 As Decentralised Mobility Limited is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
8.2 We ask to fill out a feedback form in the Bloxmove app. This enables us to offer suggestions to the drivers for improving the quality of their service.
8.3 We expect that you use Bloxmove app in good faith and be respectful of the drivers who offer their services through Bloxmove app. Decentralized Mobility Limited retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e., fraud, being disrespectful towards the drivers, etc. In these cases, your Bloxmove app account may be revoked without prior notice.
8.4 Decentralized Mobility Limited will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the Bloxmove app. However, we are in no position to guarantee that every provider of transport services, located by the Bloxmove app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
8.5 You store your recovery phrase properly to avoid irretrievable loss
9. Amendment to General Terms and Conditions
9.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Bloxmove app notifications. If you continue using Bloxmove app, you will be deemed to accept the amendments.
10. Final Provision
The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Lagos Multidoor courthouse, Nigeria. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.