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Terms and Conditions

 

1.1.1      Terms of Use

This Terms of Use govern the access or use by you to the use of services offered by FONE TAXI LLC (hereafter referred to FONE TAXI) a company registered in the USA and Rwanda, either through the site www.fone-taxi.com, or the Software Application for mobile phone handset (the App) in addition to the “Website”). Your access and use of the Services constitutes your agreement to be bound by these Terms. The user certifies that he agrees to all terms set forth by FONE TAXI to access and request services. If you do not agree with the terms and conditions of use of the system and the privacy policy of FONE TAXI do not install the app, or if you have already downloaded it, delete it and do not make any use of it or the website. FONE TAXI may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

1.1.2      Taxi Driver(s)

Those that register as taxi drivers on the Website and are accepted FONE TAXI to use the App and pick up passengers utilizing the App

1.1.3      Passengers

“Passenger (s)” means any User who signs up and registers as a passenger on the Website and downloads the App

1.1.4      Description of the Services

FONE TAXI provides the FONE TAXI software App (application) for internet-enabled portable devices (“Software”) via which users can access and order taxi services in various locations, subject to availability at the location of the user. All use of the Services is subject to these Terms. The Services are offered without cost to you, except where local law or regulation provides that taxis ordered via radio dispatch service or via the internet must levy a surcharge. The term “without cost to you” does not in any way affect your obligation to pay the fare for any taxi transportation services ordered via the Service but refers only to your use of the Service in order to obtain such transportation services. Depending on your location and applicable law and/or regulations, FONE TAXI may also offer you the possibility of paying your taxi fare electronically via the FONE TAXI -App installed on your Software, using FONE TAXI Payments. Separate terms and conditions, which follow these Terms, apply to FONE TAXI Payment transactions. You acknowledge that FONE TAXI does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third party contractors who are not employed by FONE TAXI or any of its affiliates. Thus, by accepting the provision of services by the Taxi Driver, the Passenger acknowledges that FONE TAXI has no direct association with the Taxi Driver, it just facilitates contact between driver and passenger.

 

 

1.1.5      Revisions, Changes and Updates to the FONE TAXI Software App

FONE TAXI reserves the right to revise, change and/or update the FONE TAXI Software App in any manner in order to develop it further and improve it qualitatively. It is the Driver’s responsibility to assure that the latest version of the FONE TAXI Software App is installed on the Driver’s Terminal Device.

1.1.6      Users

“User (s)” means any Taxi Driver or Passenger utilizing the service.

1.1.7      The Website

The FONE TAXI Website consists of an online website platform with copyrighted functionality to provide an optimized Taxi request service by use of the Software App.

Through the system, FONE TAXI allows, totally free of charge, the PASSENGERS to sign up and locate the nearest Taxi Drivers to request their services in a more efficient way than the conventional existing methods. The Taxi Driver can register on the Website through the “Taxi Driver” section and provide the necessary documentation. If approved The TAXI DRIVER will be registered as a “User” and pay a flat fee per completed rides. By using the FONE TAXI Website or Service you agree to the following terms and conditions of service:

You promise that all information and details provided by you to us are true, accurate and up-to-date in all respects and at all times.

Your use of FONE TAXI grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to FONE TAXI software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the FONE TAXI services in accordance with these Terms;

You will not use FONE TAXI for any unlawful purpose; in any way that interrupts, damages, impairs or renders FONE TAXI less efficient; to transfer files that contain viruses, Trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise, promote, or conduct research for third party or your own products or services;

  1. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation
  2. You will comply with all applicable laws
  • You will register payment in full by one of FONE TAXI ’s accepted means of payment for any services provided by any FONE TAXI agents connected to you through FONE TAXI
  1. You will treat FONE TAXI agents introduced to you through FONE TAXI with respect and not to cause damage to their vehicle
  2. You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms

Please note that we are not responsible for the behavior, actions or inactions of transportation providers, which you may use (through FONE TAXI or otherwise). Any contract for the provision of transportation services is between you and the FONE TAXI Agent and not FONE TAXI and we simply provide a platform to facilitate provider and passenger connections/transactions.

1.2        CHARGES AND PAYMENT

Users understand and agree that payment must be provided to the taxi driver regardless of any malfunction of the mobile application.

In particular, when using the in-app payment functionality users accept that there might be circumstances beyond FONE TAXI’s control that might cause a credit card to be rejected, and that, in such circumstances, the user must reach an alternative payment method with the taxi driver.

Any fees which FONE TAXI may charge you for the usage of the Software App (website), are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. FONE TAXI reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.

FONE TAXI, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. FONE TAXI may change the fees for our Service or Software as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the service of our website.

It is free to generally use the FONE TAXI website and you will not be charged a commission for using the service.

Once you have taken a journey with FONE TAXI you won't be able to cancel (since the service has already been provided) and your payment is non-refundable. If you have any complaint in relation to the transportation service provided then that dispute must be taken up with the service provider directly, though you may also lodge a complaint with FONE TAXI, which will be seriously and immediately reviewed for quality control purposes.

The quote for the ride supplied to you through FONE TAXI is an estimate and may vary depending on the actual pickup and drop off stations as well and other unforeseeable factors that materially affect the cost of the journey.

In relation to any transportation organized for you through FONE TAXI you also agree to pay additional charges as agreed between you and the FONE TAXI Agent, and/or as set out below:

1.2.1      Fee Payment

The Taxi Driver/Taxi Company agrees that FONE TAXI shall be entitled to deduct from the payment amount (the fare paid by the passenger) a Fee as a percentage of the total fees charged in exchange for the acquisition, handling of the payment claim and the assumption of the credit risk connected to the Receivables for each FONE TAXI Payment fare.

FONE TAXI’s claim for payment of the Fee arises at the time the FONE TAXI Payment transportation service begins (i.e., at the time the passenger enters the taxi) and will be settled in accordance with 1.2.4 below of these Terms. The commission to be paid in accordance with the GTC remains unaffected.

The actual amount of the Fee depends on the FONE TAXI price list in its current version which FONE TAXI provides to its FONE TAXI Business Accounts and which is available at all times upon request.

1.2.2      Injury & Damage:

You will be charged at cost for any injury or damage to the FONE TAXI Agent’s person or vehicle, caused by you.

1.2.3      Relationship of the Parties

FONE TAXI and the Taxi Driver/Taxi Company are independent contracting parties and nothing in these Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

1.2.4      Billing for the Service

The Driver shall be charged for the FONE TAXI service. Employee Drivers are obligated to disclose the charges to their employer (Taxi Company).

The charges shall be billed by FONE TAXI at its option on or about the fifteenth (15th) day of the month following the month in which the charges were accrued. The statement of charges shall contain a summary of the following information: number of successful procurements of Passengers, the name of the Driver, the date and the time the fare was accepted by the Driver and any other information which FONE TAXI, at its discretion, may wish to include.

Payment shall be made by charging the amount owed to the Driver and collecting such payment from the Driver in accordance with the provisions below. The Driver agrees to reimburse FONE TAXI for any and all surcharges, penalties or fees incurred by FONE TAXI in the event that a pre-authorized debit is declined due to insufficient funds in the Driver’s account.

An invoice detailing the charges shall periodically be sent to the Driver by email.

1.2.5      Personal Data

Any personal data of passengers paying their fares via FONE TAXI Payment that is transferred or otherwise made known to the Taxi Driver/Taxi Company shall be kept confidential by the Taxi Driver/Taxi Company and shall not be disclosed to third parties, except with the prior written consent of the passenger or as may be required by applicable law or regulation or pursuant to a court order.

1.3        REGISTRATION AND USE OF THE SYSTEM

  1. When registering, the User agrees to provide accurate information, complete and updated as requested on the Application Form. FONE TAXI are not obliged to verify the accuracy of the information.
  2. Only those individuals who are legally entitled to use the service should apply. In various countries different laws may apply.
  • The Taxi Driver agrees that by registering he/she will be scrutinized by FONE TAXI who may refuse or cancel his user account at any time, whether by complaints or by internal policy.
  1. FONE TAXI further reserves the right to use all legal means possible and to identify its users, as well as to request, at any time, additional data and documents it considers appropriate in order to verify personal data informed by the user.
  2. FONE TAXI is not liable for any loss or liability resulting from the disclosure of the personal password of the Taxi Driver to third parties. You shall be solely responsible for this.
  3. The user’s registration may not be transferred in any way to a third party.

1.3.1      General Obligations of the Driver

  1. The Driver warrants that he/she is in possession of all governmental licenses and approvals necessary for the transportation of passengers by taxi. The Driver shall furnish evidence of such licenses and approvals prior to commencing use of the FONE TAXI Software App. A Driver who is an employee of a taxi company or fleet operator shall ensure that the employer approves the use of the FONE TAXI Software App. Any changes with respect to the Driver’s authorization to provide transportation services or the employer’s approval of the use of the FONE TAXI Software App shall be provided to FONE TAXI in writing immediately upon coming to the attention of the Driver.
  2. The Driver shall at all times furnish all personal information correctly and completely and shall keep this information updated at all times.
  • All intellectual property rights to the FONE TAXI Software App shall be retained by FONE TAXI. The Driver may not copy, modify, reverse engineer, disassemble or distribute the FONE TAXI Software App provided to him.
  1. The Driver shall keep his/her username and password safe and confidential and shall not disclose them or grant access to the FONE TAXI Software App to any third party. The Driver shall have sole responsible for maintaining the confidentiality and security of the Driver’s FONE TAXI account. The Driver shall bring any unauthorized use by third parties promptly to the attention of FONE TAXI.
  2. The Driver agrees to indemnify, defend and hold FONE TAXI, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of the Driver’s account or any negligent or wrongful acts or omissions by the Driver or any third party accessing the my Taxi Service using such Driver’s account and/or (ii) any violation of law or regulation committed by the Driver while using the FONE TAXI Software App or the FONE TAXI Services.
  3. The Driver shall inform FONE TAXI completely and promptly in the event that the Driver receives any information that any third party has brought or intends to bring a claim for damages against FONE TAXI resulting from the Driver’s use of the FONE TAXI Software App or the FONE TAXI Services
  • Any personal data of other FONE TAXI Software App users and/or participants in the FONE TAXI Services that is transferred or otherwise made known to the Driver shall be kept confidential by the Driver and shall not be disclosed to third parties, except with the prior written consent of the other participant or as may be required by applicable law or regulation or pursuant to a court order.

1.3.2      Obligation to Accept a Transportation Order

The Driver shall accept available transportation orders from Passengers subject to applicable law or regulation, provided that the FONE TAXI Software App is activated in the taxi and the Driver’s vehicle is not currently engaged in the transportation of another passenger. However, the Driver shall be under no obligation to accept transportation orders for which a commission fee applies which is higher than the agreed on commission fee.

 

The Driver shall update the status of his/her taxi (whether the taxi is free or engaged) in the activated FONE TAXI Software App at all times, to permit potential Passengers to identify the current status of the taxi.

1.3.3      User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

1.3.4      Evaluations

The Driver agrees that Passengers may evaluate the Driver and the vehicle. FONE TAXI makes no warranties or representation that the evaluations provided by Passengers will be objective or fair.

The Driver acknowledges and agrees that Passenger evaluations may be published on the FONE TAXI Software App as the Driver participates in the FONE TAXI Services and uses the FONE TAXI Software App and that such evaluations shall be accessible to Passengers having ordered transportation services. To the fullest extent permitted by applicable law or regulation, the Driver hereby waives any and all privacy rights that the Driver may have with respect to the publication of Passenger Evaluations.

1.3.5      Relationship of the Parties

FONE TAXI and the Taxi Driver/Taxi Company are independent contracting parties and nothing in these Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

1.4        LIMITATION OF LIABILITY

FONE TAXI shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if FONE TAXI has been advised of the possibility of such damages. FONE TAXI shall not be liable for any damages, liability or losses arising out of:

  1. your use of or reliance on the services or your inability to access or use the services
  2. any transaction or relationship between you and any third party provider, even if Fone Taxi has been advised of the possibility of such damages

FONE TAXI shall not be liable for delay or failure in performance resulting from causes beyond FONE TAXI’s reasonable control. You acknowledge that third party transportation providers providing transportation services requested through other brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. User agrees to indemnify and hold harmless FONE TAXI and its representatives from any claims, suits, losses, liabilities, damages and expenses, including reasonable attorneys’ fees and court costs for the damage they cause. FONE TAXI’s services may be used by you to request and schedule transportation, goods, or logistics services with third party providers, but you agree that FONE TAXI has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.

1.5        LIMITATION OF WARRANTIES

Subject to these Terms, FONE TAXI shall provide the FONE TAXI Software App as well as associated billing and invoicing services. FONE TAXI warrants that the FONE TAXI Software App shall substantially conform to the specifications set forth in the documentation and shall function substantially as intended. FONE TAXI's sole obligation under this warranty shall be limited to using reasonable efforts to ensure such conformity and operation and to supply Driver with a corrected version of the FONE TAXI Software App as soon as practicable after discovery of an error. This warranty shall be void if the FONE TAXI Software App is modified without the written consent of FONE TAXI.

The Driver shall have no claim to the continuous and uninterrupted availability of the FONE TAXI Software App or the FONE TAXI Services. FONE TAXI does not warrant (a) that operation of the FONE TAXI Software App shall be uninterrupted or error free, or (b) that functions contained in the FONE TAXI Software App shall operate in the combination which may be selected for use by Driver or meet Driver's requirements. FONE TAXI shall take reasonable steps to achieve maximum possible availability and to rectify any faults in the FONE TAXI Software App as quickly as possible.

Under no circumstances shall FONE TAXI be liable for the acts or omissions of passengers using the FONE TAXI Software App, which are transported by the Driver.

FONE TAXI is entitled to discontinue its service temporarily or permanently, with or without informing the Drivers, though every reasonable effort will be made to inform Drivers of any interruptions in its service ahead of time. Information in this regard shall be available via the website www.fone-taxi.com.

1.6        INDEMNITY

You agree to indemnify and hold FONE TAXI and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

  1. your use of the Services or services or goods obtained through your use of the Services
  2. your breach or violation of any of these Terms
  • Fone Taxi 's use of your User Content
  1. your violation of the rights of any third party, including third party providers.

1.7        DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

FONE TAXI does not guarantee that the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

1.8        PRIVACY POLICY

See our Data Privacy Policy

1.9        DEACTIVATION POLICY

FONE TAXI may deactivate any driver for engaging in: violent or inappropriate behavior; inappropriate or abusive language; stalking or contacting riders outside of organizing a pick up; soliciting or engaging in sexual conduct or making sexual gestures; any criminal or illegal activity; and having illegal substances in the vehicle.

1.9.1      Zero Tolerance for Drugs & Alcohol

FONE TAXI does not tolerate the use of drugs or alcohol by drivers while using the platform. Anyone that drives on the platform having used drugs or alcohol will have their account deactivated. FONE TAXI may also deactivate the account of a driver who receives several unconfirmed complaints of drug or alcohol use.

1.9.2      Compliance with Road Rules

Drivers using the FONE TAXI app must comply with all applicable rules of the road at all times.

FONE TAXI may deactivate a driver’s account for activities such as: not maintaining valid vehicle registration or driver’s license; and serious traffic infringements or several traffic infringements that indicate unsafe driving.

1.9.3      Safe Driving

Riders expect drivers using the FONE TAXI app to drive safely at all times. FONE TAXI may deactivate the account of a driver who receives multiple complaints or a single serious complaint of poor, unsafe or distracted driving while using the FONE TAXI app. For example: driving at an unsafe speed; using a mobile phone without a mount; and failure to stop when required, such as at stop signs.

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