Terms of Use
Please review these Terms carefully as they serve as an enforceable contract between us and contain important information about your legal rights, remedies, and obligations.
Terms of Use
This terms of use is a legal agreement between you, a user (“You” or“Your”), and Coolride Services (“Us” or “Our” or “We”). These terms of use together with Our Privacy Policy, sets out the complete terms and conditions upon which You may use the services on Coolride mobile application. The Terms of Use also govern the relationship between You and Coolride and govern any claims that may be made by You or Coolride in relation to the Services.
By signing up to create a user account on the App “User Account” , You acknowledge that You have read, understood, and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations incorporated into the Terms of Use. Your access to and the use of Our services is conditioned on Your acceptance of and compliance with these terms. Your agreement with Us regarding compliance with the Terms of Use becomes effective immediately upon the creation of a User Account.
The App is an information and booking reservations platform for interstate ride-sharing transport. You would be able to book rides for transportation from specific pickup locations to destinations available on the app. The Services enable You to arrange and schedule transportation services with verified Drivers on our platform. You hereby acknowledge that the transportation services and vehicles used for the same are provided by Drivers. You acknowledge and understand that Coolride does not function as a transportation carrier or provide any form of transportation services.
We reserve the right to amend the Terms of Use at any time and We will notify You of any such changes by posting the revised terms on the Website and the App. If We do, the revised terms will supersede prior versions. You should check the Terms of Use periodically for changes. Your continued use of the App and the Services after any change to the Terms of Use constitutes Your agreement to be bound by any such changes. Coolride may terminate, suspend, change, or restrict access to all or any part of the Services without notice or liability
By reading and accepting the contents of this page, You confirm that You are literate and that You have read and fully understand the terms of this Terms of Use. You acknowledge and agree that Your use of the Services, including information transmitted to or stored by Coolride, is also governed by Our Privacy Policy.
1.Account Registration
- To access the functionality of the Platform, you must create an account with us. To register, you must be at least 18 years old and have the authority to enter into a contract with us and use the Platform.
- When you create an account, you must provide accurate and up-to-date information about yourself. We may reject the use of any password, username, or email address for any reason in our reasonable discretion, including those that are profane, offensive, inappropriate, or otherwise violate these Terms or Additional Terms.
- In order to prevent fraud, ensure your security, and comply with anti-money laundering, sanctions laws, and regulations (as applicable), we will request the information from you at the time of opening your Account to confirm your identity. We may also request you to update and verify your information from time to time.
- You must promptly update your details if they change. If your mobile number changes, notify us as soon as possible. If you no longer use your number, your mobile operator may issue it to a new person who, when using the Platform, may access your account.
- You may not authorize others to use your account. You must maintain the security of access to your device and the secrecy of your login information. You will be solely responsible for all activity that occurs under your account and security and confidentiality of your access credentials and for restricting access to your account. If you suspect that any third party knows your password or has accessed your account, please immediately let us know via https //www.coolrideapp.com/
- You will not sell, transfer, or assign your аccount or any account rights. You agree to create only one (1) unique registered аccount and that you shall be the sole authorized user of your Account. You agree not to re-create any new or additional account in the event your original account is suspended or terminated by Coolride. For any dispute as to аccount creation or authenticity, we shall have the sole right but are not obligated, to resolve such dispute as we determine appropriate, without notice.
2.Account Verification
- To become a “Verified Rider” you must go through the verification process which requires you to provide a valid National Identification Document (NIN) and perform a facial verification check after which your government-registered data shall be closely reviewed by a third party so that Coolride determines Rider’s suitability to use the Platform.
- To become a “Verified Rider” you must go through the verification process which requires you to provide a valid National Identification Document (NIN) and perform a facial verification check after which your government-registered data shall be closely reviewed by a third party so that Coolride determines Rider’s suitability to use the Platform.
3. User-Provided Content
- You are responsible for the information, files, and images (collectively, “Content”) that you make available on the Platform. You must ensure that your Content does not violate laws or anyone's rights. We do not undertake to review the users’ Content and do not assume any responsibility for it. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Coolride in its sole discretion, whether or not such material may be protected by law. We may remove or restrict access to any Content if we reasonably believe it is in breach of these Terms, or it causes harm to inDrive, our users, or other third parties.
- We do not own your Content. By making content available on the platform you grant Coolride a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use your Content, including to reproduce, adapt, modify, translate, publish, publicly perform, publicly display or make derivative works, perform and communicate your Content to the public, for the purposes of operating, developing and providing the Platform.
- You may rate and/or provide feedback to Drivers or Clients regarding the services you have received and or/provided. You must only provide true, fair, and accurate information in your reviews. If Coolride considers that your review is untrue, unfair, inaccurate, offensive, or inappropriate, we may delete the review and/or deactivate you from posting further reviews. We are not obligated to read, and may not read each review.
4.Drivers
By providing the Services as a Driver, you represent, warrant, and agree that:
- You possess a valid driver’s license and all required permissions and authorizations to provide the Services, and you are medically fit to provide the Services. You as a Driver must inform Coolride immediately if you stop holding the aforementioned licenses, approvals, qualifications, or certificates. Your registration with us as a Driver may be temporarily or permanently revoked if you fail to maintain the appropriate licenses and other qualifications;
- You own, or have the legal right to operate, the vehicle you use to provide the Services, as you provide the services; such vehicle is in good operating condition and meets the statutory and industry safety standards and requirements and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind;
- You will only provide the Services using the vehicle that has been reviewed by Coolride;
- You will not permit anyone to accompany you in the vehicle while providing the Services,
- You will not provide the Services while under the influence of fatigue, alcohol or drugs, or otherwise engage in unsafe or illegal behavior while providing the Services;
- You will not discriminate against Clients;
- You further agree not to engage in reckless behavior while driving, drive unsafely, and / or operate a vehicle that is unsafe to drive;
- You will not request any additional payment in addition to the price agreed on with the Client via the Platform;
- You will comply with our reasonable requests to provide information in connection with the Services and your use of the Platform;
- You comply with the requirements of all applicable laws related to anti-money laundering, sanctions, anti-corruption, anti-bribery, countering illegal trade and countering terrorist financing, prohibiting the use of child or forced labor, proper and not to take any action that may lead to a violation of such laws, not to facilitate, encourage or induce anyone to participate in such activities;
- You must do all things necessary to comply with the requirements of airports, other transportation hubs, or government agencies. Further, you shall not do anything which will or may place Coolride in breach of any laws and regulations.
5.1 Driver Payment Terms
Drivers agree and understand that amounts payable to Drivers for completed rides or courier services will be maintained in an electronic wallet (“Wallet”) in the Platform and then transferred to the designated bank account provided by Drivers to Coolride when Driver requests such a transfer. You shall be, at all times, responsible for providing accurate banking details to us. Coolride shall not be held responsible in any manner for any failed, incomplete or wrong transactions owing to (i) inaccurate banking details provided by you to us, or (ii) technical issues, including but not limited to errors or defects in the Platform and/or the software (“Technical Glitches”). You further agree and understand that without a designated and verified bank account, you will not be able to receive your earnings in any other way except as determined above. All payments due to you will be made by electronic funds transfer only to your bank account registered in the Platform. For any reason, in case of the occurrence of a Technical Glitch that causes wrong transactions to be made to your Wallet, including but not limited to transactions where Coolride transfers electronically a different amount than the one due for your earnings, Coolride shall be entitled to revert said transaction and correct the balance of your Wallet so that the true amount of your earnings is reflected. If Coolride is for any reason unable to revert any wrong transaction caused by a Technical Glitch, then Coolride shall be entitled to remove any amounts from future earnings until your Wallet’s balance is correctly reflected and obligations are set off. Coolride shall be entitled to request restitution as an equitable relief before any court of competent jurisdiction of any amounts Coolride is unable to recover from the reversion of transactions and/or set-offs made via the Driver’s Wallet.
You, as the Driver, are responsible for the collection and remission of all income-based taxes, including but not limited to, self-employment taxes, associated with the Services you provide or receive or with any transactions made through your use of the Platform. Coolride will not be held accountable in relation to any transactions between the Clients and the Drivers where tax-related misconduct has occurred. You are responsible for the payment of all applicable taxes to which you may be subject in relation to your earnings.
You, as the Driver, acknowledge that Coolride may be subject to all prevailing statutory taxes, duties, fees, charges, and/or costs, however, denominated, as may be in force and may be subject to any future taxes that may be introduced at any point in time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable and assist Coolride in claiming, verifying, or defending any claim to any applicable tax credit, set off,.
rebate, or refund in respect of any taxes paid or payable in connection with the Platform supplied under this Agreement.
You agree and authorize Coolride to deduct from the confirmed quoted price any tax and/or other amounts that Coolride is required to deduct or withhold under any applicable laws and regulations.
5.2 Refunds to Clients
In case a Client disputes the ride and/or courier service and we make a decision to issue a refund to the Client, we will make the refund on the Driver’s behalf. We will notify you by giving details of the amounts and reasons thereof. Your Coolride Account as a result may go into negative balance. We have the right to deduct the amount that is owed to us from your further earnings. We also reserve the right to contact you in any possible way to remind you of your outstanding payment if you do not receive new earnings.
6. Forfeiture terms
Accounts that have been inactive for over 3 years may be deleted by Coolride due to termination of the Terms because of the inactivity of the user. If Coolride deletes your account (because of a delete request from you or if the account was inactive for 3 years) and you have a positive balance in your driver account, you have 6 months from the date of account deletion to request a withdrawal of funds. If there is no request on your part, funds will be deducted from your account in favor of Coolride. To request a withdrawal, please contact us via https //www.coolrideapp.com/.
7. Restricted Activities
Limitations and Restrictions.
You are prohibited from encouraging others or engaging in any of the following:
- License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Platform and/or the Software in any way;
- Use the Platform in any way that infringes any third party’s rights, including but not limited to intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including posting, distributing or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, or removing any copyright, trademark or other proprietary notices from any part of the Platform and/or Software;
- Use the Platform for any purpose not intended by these Terms
- Reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Platform in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Platform and/or the Software, except as may be permitted by applicable law;
- Cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Platform or intentionally overloading or hindering the operation and/or functionality of any aspect of the Platform;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
- Try to gain unauthorized access to or attempt to damage any part of the Platform or its related systems or networks;
- Send spam or otherwise duplicative or unsolicited communications;
- Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children;
- Take actions that could potentially or actually lead to damage Coolride’s reputation or amount to being disparaging or bringing Coolride into disrepute;
- Stalk, threaten, or otherwise harass any person, or carry any weapons
- Violate any law, statute, ordinance, or regulation;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Post information or interact on the App or Platform in a manner that is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- Link directly or indirectly to any other online services;
- Discriminate against anyone for any reason based on their race, caste, creed, religion, nationality, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected under applicable laws and regulations (such discrimination includes, but is not limited to, any user refusing to provide or accept services based on any of these characteristics);
- Engage in fraud, bribes, facilitation payments, money laundering, terrorist financing, or other improper benefits contrary to applicable laws and regulations, industry standards, or ethical codes in the countries in which we operate;
- Solicit others to engage in illegal or dangerous activities;
- Undermine the Platform’s operations or security, attempt to gain unauthorized access to the Platform or its related systems or networks;
- Extract any data or content from the Platform;
- Create liability for Colride or cause us to become subject to regulation as a transportation carrier or provider of ride-sharing service
- Any other prohibited conduct established in any Coolride policy or term referenced herein or in the Additional Terms.
8.Suspension or Termination of Platform Access
We reserve the right to investigate violations of these Terms or Additional Terms. We may, for any reason to the extent permissible under law, take any action we deem appropriate in relation to users, including, but not limited to: (a) removing, blocking, hiding, or otherwise deleting any User Provided Content; (b) disabling your account, suspending, or terminating your use of, or access to the Platform (either in whole or in part); or (c) reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. If we terminate, limit, or suspend your right to use the Platform, you are prohibited, without Coolride’s prior written consent from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party. All licenses granted to you in these Terms terminate automatically upon any unauthorized use of the Platform and Coolride will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform.
You may delete your account at any time. You can do it in the app settings or by contacting user support https //www.coolrideapp.com/ . In some cases, we will be unable to terminate your account or may retain certain information for legitimate purposes, such as to prevent fraud and ensure the safety of our Users, comply with legal obligations, or manage any unresolved claims or disputes. Please refer to our Privacy Policy to understand how we treat your information after account termination.
Accounts that have been inactive for over 3 years may be deleted. We have the right to terminate or suspend access to your account at our own discretion.
9. Lost Property
- After the completion of a ride, You must ensure that You remove Your property from the vehicle of a Driver when disembarking. Should You leave Your property in the vehicle of a Partner, the property may be handed over by the Driver to You Coolride. You understand and agree that Coolride shall not be held liable in the event the property is not handed over by the Driver.
- Coolride will take steps to establish the owner of property left in a Driver’s vehicle if returned to the Coolride offices. However, You understand and agree that Coolride will only keep Your property in its possession for a maximum period of one month from the date on which the Driver handed Your property to Coolride and if You fail to collect your property from Coolride before the expiry of the one month stipulated, Coolride will be entitled to deal with Your property as it deems fit and You shall have no claim whatsoever against Coolride in respect of Your unclaimed property.
10.Intellectual Property Rights& Confidentiality
- Notwithstanding any other provision in this Terms of Use, Coolride shall remain the exclusive owner of the copyrights and any other intellectual property rights in the website, the App, and the technology anywhere in the world. Rights in the App are licensed (not sold orassigned) to You, and You have no rights in, or to, the App or the technology used other than the right to use the App in accordance with the provisions specified in this Terms of Use. You acknowledge that You have no right to access the App in source-code form. For the purpose of this Terms of Use, Intellectual property means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-ups, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information including know-how and trade secrets and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world and intellectual property right means any one of the intellectual property rights as the context so requires.
- You hereby agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services.
- You hereby undertake not to disclose any information associated with Our business (not publicly known), including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, (“Confidential information”) to any third party without the prior written consent of Shuttlers. Confidential Information shall include, but shall not be limited to, any and all and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Our Confidential Information includes all information that You receive relating to Us or to the Services that is not known to the general public including information related to Our security program and practices.
11. Waiver
Any waiver of any provision of the Terms of Use shall not be effective until the same is reduced to writing and executed by both parties. Failure of either party to exercise any right provided for by the Terms of Use shall not be deemed as a waiver of that right.
12. No Partnership or Agency
The Terms of Use shall not be construed as creating any partnership, joint venture, agency, or similar relationship between You and Coolride other than the relationship with respect to carrying out the terms of the Terms of Use. All rights, duties, obligations, and liabilities of Coolride and You shall be separate, individual, and several and not joint or joint and several. Except as set forth in the Terms of Use You have no authority to act as agent for Coolride or bind Coolride in any way.
13. Applicable Law & Dispute Resolution
The Terms of Use is made under, governed by, and construed in accordance with the laws of the Federal Republic of Nigeria. The parties agree that they shall seek to amicably resolve all disputes or differences whatsoever which may at any time, whether during the continuance in the effect of the Terms of Use or upon or after its discharge or determination, arise between the parties concerning the Terms of Use, its construction or effect, as to the rights, duties, and liabilities of the parties under the Terms of Use or as to any other matter in any way connected or arising out or in relation to the subject matter of the Terms of Use (“Dispute”). If a party determines after negotiating in good faith for 30 (thirty days that the Dispute which arose between the parties cannot be resolved through negotiation, such matters shall be referred to mediation at the Lagos State Multi-Door Courthouse. In the event that a dispute, controversy, or claim arising between the parties under, out of, in connection with, or relating to the Terms of Use or pursuant thereto, fails to be resolved at mediation, the Dispute shall be finally settled by a sole arbitrator to be appointed by agreement between the parties, and in the absence of agreement, by the President of the Chartered Institute of Arbitrators, United Kingdom, Nigeria Branch; and in accordance with the Arbitration and Conciliation Act CAP. A18 Laws of the Federation of Nigeria, 2004. Unless otherwise agreed by the parties, the arbitration shall be held in Lagos, Nigeria.
A party who desires to submit a Dispute for resolution shall commence the dispute resolution process by providing the other party to the Dispute with written notice of the Dispute (“Notice of Dispute”).
The Notice of Dispute shall identify the parties to the Dispute and contain a brief statement of the nature of the Dispute and the relief requested. Any Dispute shall be exclusively and definitively resolved through final and binding arbitration, it being the intention of the parties that this is a broad form of arbitration agreement designed to encompass all possible Disputes.
Latest update: November 23, 2021
Coolrideng legal team