Driver Terms and Conditions

IMPORTANT:

THESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE BASIS UPON WHICH GARIDE WILL PROVIDE YOU WITH ACCESS TO THE GARIDE MOBILE APPLICATION PLATFORM, PURSUANT TO WHICH YOU WILL BE ABLE TO PROVIDE CERTAIN TRANSPORTATION SERVICES TO CUSTOMERS ON RECEIPT OF ORDERS MADE THROUGH GARIDE’S MOBILE APPLICATION PLATFORM. THESE CONDITIONS (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF USE ON WHICH YOU MAY, AS A DRIVER, USE THE APP AND PROVIDE THE TRANSPORTATION SERVICES. BY USING THE APP, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE WHICH APPLY, AMONG OTHER THINGS, TO ALL SERVICES HEREINUNDER TO BE RENDERED TO OR BY YOU VIA THE APP WITHIN THE COUNTRY YOU OPERATE AND THAT YOU AGREE TO ABIDE BY THEM. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE APP AND/OR PROVIDE TRANSPORTATION SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE APP OR PROVIDE THE TRANSPORTATION SERVICES.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings:

“App” means the mobile application which provides a platform for access to the Services and is owned by Garide;

“Applicable Law” means all laws and regulations applicable in your country of operation;

“Collection Location” means the locations as notified via the App, from which the Customers are to be collected;

“Customers” means the customers identified via the App who wish to engage Transportation Services;

“Customer Personal Data” means Personal Data of the Customer which is processed by either party in connection with these Conditions;

“Data Protection Laws” means the General Data Protection Regulation (in so far as it is applicable in your country) and the Data Protection Law together with all legislation made thereunder and any other relevant laws relating to the processing of Personal Data, in each case as amended, superseded or replaced from time to time;

“Delivery Location” means the location notified by the Customer using the App, which will be the final destination of the Transportation Services;

“Driver” means a licensed provider of Transportation Services who (i) is an independent vehicle owner and/or operator, (ii) has accepted these Conditions with Garide to provide Transportation Services to Customers who place Orders in the App, and (iii) is an independent contractor working on his or her own account;

“Driver Account” means the Driver’s account with Garide which contains the Driver’s personal information including their name, address, date of birth, licensing and insurance information.

“Fees” means the fees payable to the Driver for the Transportation Services as set out in Condition 5 which is separate to any additional fees which Garide may pay at its sole discretion;

“Garide” means Garide, a product of Baggins Technology Enterprises, a registered entity in the country in which Garide operates;

“Garide Together” means the Transportation Service provided on a pre-defined and set route for multiple Customers;

“Insurance” means hire and reward insurance or such other insurance as may be mandated from time to time;

“Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world;

“Minimum Acceptance Rate” means the minimum Order acceptance rates and the minimum Customer evaluation rating set by Garide from time to time at its sole discretion;

“Order” means a request for Transportation Services by a Customer via the App;

“Personal Data” has the meaning set out in the Data Protection Law;

“Privacy Policy” means Garide's privacy policy which is available on the Garide website or by clicking here;

“Parcel” means the good(s) which the Customer would like to be transported by a Driver to a Delivery Location; 

“Ride Fee” means the total fee payable by the Customer for each Order;

“Services” means the platform, through the App or otherwise, which connects Customers and Drivers for the performance of Transportation Services in accordance with Orders;

“Service Subscription” means the subscription payment payable by the Driver to Garide for the Services, being USh. 144,000 or KSh. 5,000 per month (which shall include value added tax where applicable); 

“Transportation Services” means the licensed taxi/hackney carriage transportation services (excluding, for the avoidance of doubt, private hire vehicle services) provided by Drivers to Customers in their own countries pursuant to Orders; and

“Week” means Monday to Sunday (inclusive).

1.2 In these Conditions (unless the context requires otherwise):

1.2.1 the words “including”, “include”, or “in particular” means including, includes or in particular without limitation and words in the singular include the plural and in the plural shall include the singular;

1.2.2 references to “you” and “your” shall be construed as references to the Driver. References to “us” and “we” shall mean Garide;

1.2.3 reference to a party shall, upon any assignment or other transfer that is permitted by these Conditions, be construed to include those successors and permitted assigns or transferees;

1.2.4 the contents list, headings, and any descriptive notes are for ease of reference only and shall not affect the construction or interpretation of these Conditions; and

1.2.5 reference to any legislative provision shall be deemed to include any statutory instrument, by‑law, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent re‑enactment or amendment of the same.

2. SERVICES

2.1 The App provides a means to enable Customers who seek transportation services to certain destinations to be connected with Drivers. Garide does not provide transportation services, rather we are a technological service provider that uses an electronic platform to provide the Services.

2.2 You will need to provide your own mobile device in order to download the App and will be responsible for all costs associated with such mobile device including, without limitation, any data or call charges.

2.3 You are free to use the App at any time and no minimum or maximum periods of use are applied save that you must ensure that you comply with any regulatory and insurance requirements imposed on you as a provider of the Transportation Services particularly in respect of periods of rest. Drivers may be offered additional payments or priority status in connection with their level of usage.

2.4 Notwithstanding the provisions of Condition 2.1, Garide does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness.

2.5 Nothing contained in these Conditions shall be construed or have effect as constituting any relationship of employer and employee between Garide and the Driver. Drivers will at all times be independent contractors delivering Transportation Services directly to Customers on their own accounts.

2.6 Nothing in these Conditions shall constitute the Driver acting as an agent of Garide. The Driver shall not have any right or power whatsoever to contract on behalf of Garide or bind Garide in any way in relation to third parties unless specifically authorised to do so. Further to Condition 5.2 below, Garide is acting as a commercial agent of the Driver and only for the purposes of their country's payment services regulations. In addition, Garide is acting as the selling agent of the Drivers by bringing together of the Drivers with Customers seeking to receive the Drivers’ Transportation Services, and facilitating the Drivers’ supplies of Transportation Services to the Customers via the App.

3. TRANSPORTATION SERVICES

3.1 You shall be solely responsible for (i) determining the most effective, efficient and safe manner to perform each Order, and (ii) any breakage of Products following collection by you from the Collection Location and prior to delivery to the Recipient at the Delivery Location. As an independent contractor in business on your own account, you shall be responsible for furnishing at your own expense any necessary equipment, tools and materials unless otherwise noted herein.

3.2 You acknowledge that your geo‑location information must be provided by your device in order to enable you to provide the Transportation Services. You acknowledge and agree that your geo‑location information will be accessible by the App and when you are logged‑in your location will be displayed to Garide and Customers.

3.3 You acknowledge and agree that you will be responsible for making your own decision as to the accuracy and suitability of a Customer and as to whether you will accept or decline to provide them with Transportation Services. If you provide Transportation Services to someone who is not a customer or is not the Customer identified via the App for you to provide Transportation Services to, you agree that you will not be paid for these Transportation Services. Further, you will not be paid (other than directly by a customer) for any Transportation Services you provide to a Customer once you have completed the ride in the App and any further transportation services you provide to a Customer are at your own risk.

4. DRIVER REQUIREMENTS

4.1 In order to provide the Transportation Services, you must:

4.1.1 have a valid full country drivers licence which you have held for longer than 12 months;

4.1.2 have valid Insurance;

4.1.3 hold a taxi licence valid in the local area where you will provide the Transportation Services;

4.1.4 have a clean and well maintained vehicle for the provision of Transportation Services;

4.1.5 have anti‑virus software installed and maintained on your device which will provide appropriate security against unauthorised access to Customer Personal Data;

4.1.6 abide by the terms of any contractor standards issued by Garide from time to time; and

4.1.7 not download any software or other applications which may interfere with or modify the App or its operation.

together the “Minimum Requirements”. You must notify Garide immediately if you do not have any of the Minimum Requirements and you must cease to provide the Transportation Services immediately.

4.2 You warrant that you will provide the Transportation Services in full conformity to the Minimum Requirements and shall not do anything in contravention of these requirements and/or which may threaten the validity of, or limit the cover provided by, such Minimum Requirements. In addition, you must only accept Orders that are in accordance with the conditions and requirements of your taxi licence, including any zoning requirements. You shall indemnify Garide, Garide's service users and Customers against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of, or in connection with, a breach by you of this Condition 4.2.

4.3 Garide reserves the right to give priority to Drivers that have better operational performance, and to exclude (temporarily or permanently) Drivers that do not meet the Minimum Requirements and any other operational threshold set by Garide in the future. You agree that you will maintain the Minimum Acceptance Rate. If you accept an Order from a Customer and you do not wish to provide Transportation Services to that Customer again, you may rate that Customer in such a manner that the Customer will not be permitted to receive the Transportation Services from you again.

4.4 At all times when providing the Transportation Services, you acknowledge and warrant that you will comply with the requirements of the Equality Law (as amended) and any other Applicable Law. You acknowledge that as a requirement of your taxi/private hire licence you are required to be a “fit and proper person” and you agree that you will at all times maintain this status and not act in a manner that could reasonably be considered to be contrary to this requirement.

4.5 You acknowledge and agree that when accepting an Order, you will immediately update the App when you reach the Collection Location and the Delivery Location and when the Customer enters your vehicle if you are required to wait for the Customer. You acknowledge that if you fail or delay in updating the App, this will be deemed as fraudulent activity and you may not be paid (in whole or in part) for the Transportation Services and/or your access to the App may be suspended.

4.6 If, during the provision of the Transportation Services, you are involved in an accident or you are involved in any incident involving a Customer, you must immediately notify Garide by contacting our customer service centre on the number provided in the App.

5. FEES AND PROMOTIONS

5.1 In consideration of the Services, you are required to pay Garide the Service Subscription every month.

5.2 Fees payable to Drivers for Transportation Services are calculated as follows:

5.2.1 for Garide Together, Ride Fees will be paid on a fixed fee basis and Drivers will receive their Fee based upon a set number of hours of providing the Garide Together Transportation Services. The Fee payable will be notified in the App; and

5.2.2 for Transportation Services other than Garide Together, Ride Fees may be paid on a fixed fee basis or on a kilometer basis. Fees payable to Drivers will be the Ride Fee in full. Where the Ride Fees are paid on a fixed fee basis, the amount of the Fee payable to you will be notified via the App and you will have the opportunity to either accept or decline the Order and where the Ride Fees are chargeable on a kilometer basis, you will be paid in accordance with the kilometer fare recorded by the App, subject to you abiding by the terms of Condition 4.5.

As part of the Services, Drivers will collect all the Ride Fees from the Customer directly through cash or mobile money payment. In addition, you agree to appoint Garide as a selling agent by the virtue of Garide offering your services through its App.  For the avoidance of doubt, Garide is only acting as an agent on behalf of the Driver in the circumstance above and not for any other purpose.

5.3 Drivers shall not require statements from Garide setting out the Orders completed and the Fees due to the Driver since the Driver collects Ride Fees in full from the customer (“Driver Statement”).

5.4 Garide shall not be required to make payment of the Fees to the Driver if the Customer fails to pay the Ride Fees due, so it's the Driver's responsibility to collect Ride Fees from the Customer after every completed order.

5.5 Subject to Condition 5.4, Drivers will collect all their payments from the Customer upon every completed order without the involvement of Garide.

5.6 From time to time Garide may run promotions which will offer Drivers or Customers discounts or additional fees for using the Services. Garide will notify you of offers that you are eligible to accept from time and any additional promotional terms and conditions. Where a promotion offers Drivers a bonus for completing a set numbers of Orders, you must not do anything in fulfilment of this promotion which may be deemed fraudulent. All Orders must involve the provision of bona fide Transportation Services to Customers and you must not create any fake or fictitious Customer profiles in order to qualify for any bonus payment. To achieve a promotional bonus, all Orders completed must be for the provision of Transportation Services to independent third parties and must not relate to Transportation Services to family members, friends or people known to you. Garide reserves the right to report any fraudulent activities to relevant law enforcement authorities.

5.7 Where it is reasonably considered by Garide that you have acted in a manner that is otherwise than in accordance with Condition 5.6 above, Garide will notify you and, at its sole discretion, may withhold or deduct any bonus payment from the Fees paid to you and/or suspend or terminate your access to the App. If you receive such a notification and you believe that you have not breached the requirements of Condition 5.5, you can dispute this decision by writing to help@bagginshq.com within 48 hours of receipt of such notification and providing full reasons for your dispute. Garide will consider your representations and will notify you of the outcome of its decision (which shall be final).

6. DATA AND DATA PRIVACY

6.1 By downloading and/or using the App you consent to Garide processing your Personal Data. Garide will process your Personal Data for purposes connected with the Services. From time to time, Garide may process your Personal Data in order to notify you of opportunities connected with the Services either directly or by an affiliate of Garide. When processing your Personal Data, Garide will take appropriate technological measures to protect and keep your Personal Data secure and shall process your information in accordance with Data Protection Laws.

6.2 In order to allow you to provide the Transportation Services, Customer Personal Data may be transferred to you by Garide. You must keep this Customer Personal Data safe and secure at all times and not allow access to any third parties to such information. You must not store any Customer Personal Data on your mobile device or any other mobile telephone (other than on the App) or otherwise process any Customer Personal Data unless the Customer provides you with express permission to do so.

6.3 In order to allow Garide to provide the Services, Garide will provide Customers with your information so that the Customer can identify you as the provider of Transportation Services. Garide shall provide Customers with your name, vehicle details including registration number, telephone number and such other details in your Driver Account which may help the Customer to identify you and you confirm that you give your permission for Garide to transfer this information to the Customer.

6.4 We also process your Personal Data in accordance with Garide's Privacy Policy, please ensure that you read this document before using the App. By using the App, you acknowledge and confirm that you have understood the use of your Personal Data set out in the Privacy Policy.

6.5 You confirm that at all times when accessing the Services and Customer Personal Data, you will:

6.5.1 comply with all Data Protection Laws;

6.5.2 not knowingly or recklessly do anything which would put Garide in breach of its obligations under Data Protection Laws; and

6.5.3 indemnify Garide in full for any losses which it incurs as a result of a breach by you of this Condition 6.

6.6 You must:

6.6.1 notify us immediately if you become aware of any Customer Personal Data Breach;

6.6.2 provide all information relating to the Customer Personal Data Breach which is in your possession; and

6.6.3 comply with our reasonable instructions in relation to the contamination and remediation of the Customer Personal Data Breach.

6.7 Garide does not guarantee that the App will be secure or free from bugs or viruses. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial‑of‑service attack or a distributed denial‑of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Lawin your country. Garide will report any such breach to the relevant law enforcement authorities and Garide will co‑operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

6.8 The App may include links to other websites, apps or material which is beyond Garide's control and which are owned and controlled by third parties. Garide is not responsible for the content on these links, the internet or World Wide Web pages or any other site or app outside the App. Where the App contain links to other sites or apps or materials provided by third parties, these links are provided for your information only. These links are provided as a courtesy to Garide's users and are not administered or verified in any way by Garide. Such links are accessed by you at your own risk and Garide makes no representations or warranties about the content of such websites or apps and cannot be held liable for the content and activities of these websites or any losses you suffer as a result of using such third party websites. Garide may provide links to third party websites or apps that use cookies on users to collect data and/or to solicit personal information. As a result, Garide strongly recommends that you read the privacy policies and terms of use of any third party websites or apps prior to using them.

6.9 Electronic Communications

When you use the App or send us emails or use pop‑ups or make calls, you may be communicating with Garide electronically. Garide will communicate with you by email, pop‑up, phone, text or by posting notices on the Garide website. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications should be in writing.

7. SUSPENSION OR MODIFICATION

Garide reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or your access to the Services. From time to time, Garide may also restrict access to some or all parts of the Services and/or the App.

8. GARIDE’S LIABILITY

8.1 Nothing in these Conditions excludes or limits Garide's liability for death or personal injury arising from Garide's negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

8.2 The material displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the use of the App, the Services and the internet.

8.3 To the fullest extent permitted by law, Garide (including its officers, directors and employees) and third parties (including any agents or sub‑contractors) connected to it hereby expressly exclude:

8.3.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in it provision of the Services and/or use of the App; and

8.3.2 any liability arising under or in connection with:

8.3.2.1 use of, or inability to use, the App and/or Services;

8.3.2.2 use of or reliance on any content displayed on the App;

8.3.2.3 incompatibility of the App with any of your electronic and/or mobile equipment, devices, software or telecommunications links; and

8.3.2.4 unsuitability, unreliability or inaccuracy of the App and/or the Services.

8.4 To the fullest extent permitted by law you acknowledge and agree that Garide will not be liable to you or any third party for any indirect or consequential losses or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management and/or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, (even if foreseeable) resulting from your use of the App and/or Services.

8.5 Garide will not be liable for any loss or damage caused by a virus, distributed denial‑of‑service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on it, or on any website linked to it.

8.6 Garide shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.

8.7 Subject to the remainder of this Condition 8, Garide's total liability to you in connection with these Conditions and the Services, however arising whether caused by tort (including negligence), breach of contract or otherwise, shall be limited to the Fees payable to you in relation to the Order in which the liability arose.

9. INDEMNITY

By accepting these Conditions you agree to defend, indemnify (compensate) and hold Garide, its affiliates, its customers, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless from all and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees) arising out of or in connection with:

9.1 your violation or breach of these Conditions or any Applicable Law or regulation, whether or not referenced herein;

9.2 your violation or breach of any rights of any third party, including Customers; or

9.3 your use or misuse of the App and/or Services.

10. TERMINATION

10.1 These Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your account.

10.2 Garide is entitled to terminate its provision of the Services to you or your licence to use the App, with immediate effect, by disabling your account or otherwise preventing you from accessing or using the App, at its sole discretion.

11. VARIATIONS

11.1 Garide reserves the right, in its sole discretion, to vary these Conditions at any time. It is your responsibility to check the terms and conditions available in the App and/or Driver portal in order ensure that you agree to the latest version before you accept each new Order. The date of the most recent revisions will appear at the bottom of this page. Garide shall not be required to provide you with any notification of any updates to its terms and conditions and you agree that it is your sole responsibility to check for any updates prior to the acceptance of each Order.

11.2 If there is any inconsistency between Garide's Privacy Policy and these Conditions, the Privacy Policy shall prevail.

12. ASSIGNMENT

Your Driver Account and the Services are personal to you, and therefore you may not assign, sub‑licence or transfer in any other way your rights and obligations under these Conditions of use to any third party. However, if necessary, Garide may freely assign its rights and obligations without your consent and without the need to notify you before assigning them.

13. INVALIDITY

If any part of these Conditions are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply to the maximum extent permitted by law.

14. THIRD PARTY RIGHTS Save for the indemnities contained within Conditions 4.2 and 9.2, rights under these Conditions only accrue to a person who is party to these Conditions and accordingly a person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Law in your country to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that law.

15. WAIVER

No failure or delay by Garide to exercise any right or remedy provided in these Conditions or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy.

16. PARTNERSHIP AND JOINT VENTURE

Nothing contained in these Conditions shall constitute a partnership or joint venture between the Driver and Garide.

17. YOUR CONCERNS

If you have any concerns about material which appears on the Site and/or the App, please contact us at help@bagginshq.com.

18. JURISDICTION AND APPLICABLE LAW

These Conditions, and any non‑contractual obligations arising out of them, are governed and construed in accordance with the law in your country and any proceedings resulting out of these terms of use, and any non‑contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of your country.

*completed means where a Garide passenger has successfully ordered a ride via the Garide App and is dropped off at the destination submitted through the App. Cancelled or incomplete rides will not be considered a qualifying ride.

Please read Garide's Promotional Terms and Conditions for full details and exclusions.