TERMS AND CONDITIONS

These terms and conditions (“T&Cs”) legally apply to your access to and use of the Gava Cab and Gava Driver Applications (defined hereinbelow). The Application is operated by Gava Cab and its subsidiaries, associates, licensees and affiliated companies.

You acknowledge that Gava Cab is providing you with a revocable license to use limited features of the Application and is not selling the Application or any features or technologies contained therein.

By using Gava Cab and Gava Driver, you are legally consenting to be bound by these T&Cs. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE GAVA CAB AND GAVA DRIVER AND FEATURES CONTAINED THEREIN. If You find any of the T&Cs unacceptable, do not tender your acceptance to use the Application or avail any of its features. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND GAVA CAB/GAVA DRIVER (“GAVA”) WITH RESPECT TO THE FEATURES OFFERED/AVAILED USING THE MOBILE APPLICATION.

I. DEFINITIONS

All the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:

• 1.1 “Account” refers to the User’s account on the Gava Cab and Gava Driver mobile applications that enables the use of the Application by the User
• 1.2 “Application” shall mean the Gava Cab and Gava Driver mobile applications and include any updates provided by Gava Cab and Gava Driver from time to time.
•  1.3 “Registration Data” shall mean and may include the present, valid, true and accurate name, email, age and other such information as may be required by Gava Cab and Gava Driver from time to time, provided by the Users at the time of registration on the Gava Cab and Gava Driver mobile applications or website.
• 1.4 “User” shall mean the person or persons who have created an Account and use the Gava Cab and Gava Driver Applications.
• 1.5 "Customer”, “Rider”, “You", “Your" or “Yourself” shall mean the User accessing Gava Cab Application that is applicable for the purpose of accessing transportation service
• 1.6 “Driver”, “You", “Your" or “Yourself” shall the person accessing Gava Driver app to provide transportation for a Rider
• 1.7 “Our Applications” shall mean Gava Cab and Gava Driver Applications
• 1.8 “Us”, ‘We”, “Our”, “Ours” shall mean Gava Cab Logistics Ltd as incorporated in Nigeria with Registration code of 1584499 and address at Gil’s Mall, Coal City Gardens Estate Extension, Club Road, GRA, Enugu, Enugu State and its applications -  Gava Cab and Gava Driver and its subsidiaries.
• 1.9 “Agreement” shall mean any agreement between Gava Cab Logistics Ltd and Rider/You and Driver/ You regarding the use of the Gava Cab and Gava Driver Applications. The Agreement consists of these General Terms, Privacy Policy, other additional terms and conditions or documents referred to herein or agreed in the future between you and GAVA.
• 1.7 “License” shall mean the Rider(s) and Driver(s) right to use the Gava Cab and Gava Driver Applications and the Website in accordance with the Agreement.
• 1.8. “Website” refers to GAVA website - www.gavacab.com

2.  MAINTAINANCE AND USE OF GAVA CAB AND GAVA DRIVER APPLICATIONS

• 2.1 GAVA Installation – To use GAVA, a Rider/Driver must first install the software, and register a user account. As part of the user account registration, Rider’s phone number, email address, and name are added to GAVA’s database.
• 2.2 Trip Fare –In order to use the Gava Cab and Gava Driver Applications, a rider is obliged to pay a Trip Fare (i.e. the total price calculated automatically by the Gava Cab and Gava Driver Applications using base price, distance covered and trip duration and applicable surges and tolls at the end of the rider’s trip) for the provision of transportation services to the rider. GAVA reserves the right to review the prices or any other rate(s) as may be advised in the future and such shall be based on GAVA’s sole discretion. Consequently, the continued access or use of the Services after such review constitutes Rider’s consent to be bound by the Terms, as amended. A Rider can make Trip Fare payment using cash or debit/credit card.
• 2.3 GAVA Rider’s Trip History – Rider’s trip information including pick location, destination and other relevant data are added to GAVA database.
• 2.4 Transportation Services – the transportation service you receive from a Gava Driver after requesting for a ride on Gava Cab and Gava Driver Applications.
• 2.5 Credit/Debit Card Payment – GAVA In-Built Payment System powered by “Flutterwave” enables rider to make payment via credit/debit card. To use credit/debit payment, a rider must first register his/her card details. Credit/Debit Card payment on GAVA is processed by “Flutterwave”. A service fee is added on every Credit/Debit card payment on GAVA. Once the ride is completed and Gava Driver ends the trip, the trip fare is automatically deducted from Rider’s Credit/Debit card and a receipt is send to the rider via email. Where a Rider has insufficient funds in his/her Credit/Debit card to pay for the ride, the app will revert to default cash payment.

3. ACKNOWLEDGEMENT AND ACCEPTANCE OF CONDITIONS:

• 3.1 Rider(s) will be responsible for obtaining the data network access necessary to use the Services as applicable from Rider (s) network provider. Rider shall be responsible for such data rates, SMS charges etc.
• 3.2 Rider(s) is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. GAVA does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Please note that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
• 3.3 Rider shall at all times confirm that the Gava Driver’s profile including car information to match the details on Gava Cab and Gava Driver Applications before entering into the car.
• 3.4 GAVA shall have the right to collect and add rider’s personal data to GAVA’s database.
• 3.5 GAVA shall have the right to transfer rider’s personal data and bank data to mobile payment intermediaries.
• 3.6 GAVA shall have the right to send authentication code and marketing messages to a rider through Email and SMS.
• 3.7 GAVA has the right to forward rider’s personal data to a third party transportation service provider.
• 3.8 GAVA is entitled to unilaterally amend the Terms of Service. GAVA will notify the rider of changes to the Terms of Service.
• 3.9 Rider is obliged to conduct himself/herself in a responsible and professional manner in accordance with the business ethics applicable to receiving such services. Consequently, Rider (s) must:
• Pay the Trip Fare that is auto calculated using Base Price, Distance Covered, and Trip Duration at the end of a every trip.
• Not carry any illegal goods or firearm or any unauthorized material(s).
• Not be accompanied by a wanted man/woman or a criminal or a kidnapper or any person that poses danger to the Gava Driver or Public
• Not be accompanied by passengers that exceed the maximum no of passengers for a particular Ride.
• Not steal, kidnap or engage in deliberate acts of recklessness capable of harming the Gava Driver or putting the Gava Driver in harm’s way
• Not use abusive promotions; collude with Gava Driver; disputing fares for fraudulent or illegitimate reasons; or use duplicate accounts.
• Not make false claims to lost goods/items.

4. RIGHT OF OWNERSHIP

• 4.1. Ownership
• All the Service(s) ancillary or otherwise and the rights appertaining to, therein are and shall remain Gava Cab Logistics Ltd property or the property of Gava Cab Logistics Ltd licensors. The Terms and your use of the Services does not give the Rider any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Gava Cab Logistics Ltd company names, logos, product and service names, trademarks or services marks or those of Gava Cab Logistics Ltd licensors.

5. LIABILITY, LIMITATION AND DISCLAIMERS/INDEMNITY

• 5.1 Limitation of Liability
• Where there are cases of missing or stolen goods, GAVA will ensure that it follows up with the Gava Driver concerned and will avail the Rider of assistance-information aimed at recovering missing goods.
  GAVA will therefore not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, lost items/goods, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the service(s).
  GAVA shall not be liable for any damages, liability or losses arising out of Rider’s
• Use of or reliance on the service(s)
• Inability to access or use the service(s)
• Delay or Failure in performance in any transaction or relationship between Rider and any third party provider resulting from causes beyond GAVA’s reasonable control even where advised of the possibility of such damage.
  A Rider may use GAVA services to request and schedule transportation services with third party providers, but the Rider agrees that GAVA has no responsibility or liability to him/her relating to any transportation services provided to the Rider by third party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section 5.1 & 5.3 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
• 5.2 Indemnity

You are fully liable and shall indemnify GAVA, its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that GAVA and/or any of its Affiliates or representatives may occur in connection with your breach of the Agreement and/or claim by an Independent Third Party (including the Gava Driver) directly or indirectly related to provision of Transportation Services.
Should any Independent Third Party present any claims against GAVA in connection with provision of Transportation Services to you, then you shall compensate such damage to GAVA in full within 7 (seven) days as of your receipt of the respective request from GAVA.

• 5.3 Disclaimer

The services are provided “as is” and “as available.” Gava Cab Logistics Ltd shall make necessary effort to ensure that only qualified Gava Drivers with good character and integrity are signup on Gava Cab and Gava Driver Applications as third party transportation service provider. Gava Cab Logistics Ltd shall not guarantee the quality, suitability, safety or ability of third party providers. Gava Cab Logistics Ltd disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non- infringement.
Gava Cab Logistics Ltd hereby disclaims all representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Consequently, the entire risk arising out of Rider’s use of the service(s) requested remains solely with the Rider, to the maximum extent permitted under applicable law.

6.  GENERAL PROVISIONS

• 6.1 Claims of Copyright Infringement.

Claims of copyright infringement should be sent to GAVA’s designated agent.

• 6.2 Notice.
  GAVA’s notice will be sent/passed across through a general notice on the Services, electronic mail to Rider’s registered email address, or by SMS to Rider’s registered phone number. Rider can equally give his/her notice to GAVA by written communication to GAVA's email address ‘support@gavacab.com’.
• 6.3 Termination of Contract.
   

A Rider may terminate the Agreement at any time by notifying GAVA at least 7 (seven) days in advance, after which your right to use the Gava Cab and Gava Driver Applications and GAVA Services shall terminate or be terminated as the case may be. The Agreement will also terminate upon the deletion of your Gava Cab and Gava Driver Applications account.

GAVA may terminate the Agreement at any time and for any reason at the sole discretion of GAVA by notifying you at least 3 (three) days in advance.

GAVA is entitled to immediately terminate the Agreement and block Rider’s access to Gava Cab and Gava Driver Applications without giving any advance notice where there is a breach of the Agreement, any applicable laws or regulations, disparage GAVA or its Affiliates, or cause harm to GAVA or its Affiliates’ brand, reputation or business as determined by GAVA in its sole discretion. In the aforementioned cases GAVA may, at its own discretion, prohibit the Rider from registering a new account.

GAVA may also immediately block a Rider’s access to the Gava Cab and Gava Driver Applications and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from a Rider behalf. The block of access will be removed once the investigation disproves such suspicions. GAVA shall only use the right described herein in good faith.

• 6.4 General.
• The Terms are not transferable in whole or in part without GAVA’s prior written approval. Rider therefore gives his/her approval to GAVA to assign or transfer these Terms in whole or in part, including to

A subsidiary or affiliate

An acquirer of GAVA’s equity, business or assets

A successor by merger.

Please note that no joint venture, partnership, employment or agency relationship exists between Rider, GAVA or any Third Party Provider as a result of the contract between a Rider and GAVA or use of the Service(s).
Where any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.
Parties shall therefore be free to replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.