Term & Condition

These General Terms are Devided in Two.The First Part deals with Customers/Passengers.The second Part deals with Drivers/Taxi Owners.

These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the City Drive app - technology which connects passengers with drivers to help them move around cities more efficiently.

The term "us" or "we" refers to the owner of the City Drive app, City Drive Corporation, a private limited company, founded in the Republic of Zambia (Company Registration Number 81103), whose place of business is at Plot 6075/1 Chisokone Road Northmead Lusaka. Depending on the location the City Drive  app and related services might be provided by City Drive group companies and partners (local subsidiaries, representatives, affiliates, agents etc).

In order to use City Drive app you must agree to the terms and conditions that are set out below:

1. Using the City Drive app

1.1 City Drive and City Drive group companies and partners provide an information society service and do not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in the City Drive app and receipts for journeys are sent to the email address listed in passenger’s profile.

1.2 When using the City Drive, you can choose whether to pay the driver for the transport service or use City Drives in-App Payment. Payments for City Drives Business rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments.

1.3 During the installation of City Drive app, passenger’s mobile number is linked to the respective City Drive user account and added to our database. If you are no longer using your mobile number, you must notify City Drive and City Drive group companies and partners within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator can might use the same mobile number to a next person and when using City Drive app, this new person can see your data.

2. City Drive in-App Payment

2.1 You can pay for the transport services with a card, mobile carrier billing and other payment methods which require prior activation in the City Drive app. By providing City Drive in-App Payment service, City Drive and City Drive group companies and partners act as commercial agent for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to City Drive and City Drive group companies and partners bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.

2.2 When making payments by City Drive in-App Payment, City Drive and City Drive group companies and partners receive your payments and forward money to the driver. City Drive and City Drive group companies and partners may ask additional data from you to verify payment method.

2.3 When making payments by City Drive in-App Payment for transport services, City Drive and City Drive group companies and partners are not responsible for possible third-party payment costs (mobile operators, bank fees etc). These service providers may charge you additional fees when processing payments in connection with the City Drive in-App Payment. City Drive and City Drive group companies and partners are not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.

2.4 City Drive and City Drive group companies and partners will be responsible for the functioning of City Drive in-App Payment and provide support in resolving problems. The resolution of disputes related to City Drive in-App Payment also takes place through us. For payment support service please contact: info@citydriverentacar.com. Inquiries submitted by e-mail or City Drive App will receive a response within one business day. City Drive and City Drive group companies and partners will resolve City Drive in-App Payment related complaints and applications within two business days.

3. Ordering and cancelling transport services

3.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.

3.2 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. City Drive and City Drive group companies and partners do not provide journeys and is not a party to your agreement with the relevant driver.

3.3 Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are required to pay a cancellation fee.

3.4 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (eg: 6 month). After that period you could ask to reactivate your account and your application will be reviewed by City Drive and City Drive group companies and partners.

3.5 When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within certain time period as specified in the City Drive app, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that City Drive and City Drive group companies and partners are not responsible for such situations.

3.6 Once the driver arrives and sends you a notification that he/she has arrived the City Drive app may begin charging fare on a waiting time basis according to the rates specified in the City Drive app.

3.7 If you have requested transport services using the City Drive app and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of USD30.00(or kwacha equivalent at prevailing rate) and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, City Drive and City Drive group companies and partners may pursue the claims on behalf of the provider of the transport service.

4. License to use City Drive app

4.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the City Drive app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the City Drive app. In the event that your right to use City Drive app is cancelled, the corresponding non-exclusive licence will also be cancelled.

5. Liability

5.1 As the City Drive app is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of City Drive app for requesting transport services depends on the behaviour of the drivers, City Drive and City Drive group companies and partners do not guarantee that you will always have offers available for the provision of the transport services.

5.2 The City Drive app does not offer or broker transport services for passengers. It is also not an transport agency service for finding passengers for transport providers. The City Drive app is used as the means for organising the provision of transport services.

5.3 The consumer’s right of refund is not applied to City Drive app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.

5.4 The City Drive app is provided on an "as is" and “as available” basis. City Drive and City Drive group companies and partners do not represent, warrant or guarantee that access to City Drive app will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.

5.5 City Drive and City Drive group companies and partners, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using City Drive app or relying on, the journey contracted for through the City Drive app, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.

5.6 The financial liability of City Drive and City Drive group companies and partners in connection with breach of the contract will be limited to USD200.00. You will have the right to claim for damages only if City Drive and City Drive group companies and partners have deliberately violated the contract. City Drive and City Drive group companies and partners will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.

5.7 You agree to fully indemnify and hold City Drive and City Drive group companies and partners, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the City Drive app (including the journeys you obtain through your use of the City Drive app).

5.8 City Drive and City Drive group companies and partners may immediately end your use of the City Drive app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of City Drive and City Drive group companies and partners or the safety of drivers.

6. Good practice using the City Drive App

6.1 As City Drive and City Drive group companies and partners are not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.

6.2 We ask to fill out a feedback form in the City Drive app. This enables us to offer suggestions to the drivers for improving the quality of their service.

6.3 We expect that you use City Drive app in good faith and be respectful of the drivers who offer their services through City Drive app. City Drive and City Drive group companies and partners retain the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your City Drive app account may be revoked without prior notice.

6.4 City Drive and City Drive group companies and partners will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the City Drive app. However, we are in no position to guarantee that every provider of transport services, located by the City Drive app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.

7. Amendments to the General Terms and Conditions

7.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or City Drive app notifications. If you continue using City Drive app, you will be deemed to accept the amendments.

8. Final Provisions

The General Terms and Conditions will be governed by, and construed and enforced in accordance with the laws of Republic of Zambia

 

GENERAL TERMS FOR DRIVERS

These General Terms set forth the main terms and conditions applying to and governing the usage of the City Drive Services.
In order to provide Transportation Services via using the City Drive Platform you must agree to the terms and conditions that are set forth below.

1. DEFINITIONS

1.1. City Drive Corporation (also referred to as "we", "our" or "us") – a private limited company incorporated and registered under the laws of Republic of Zambia with registration code 81103, registered office Plot 6075/1 Chisokone Road Northmead Lusaka, Republic of  Zambia.

1.2 City Drive group companies and partners – City Drive group shall mean (a) companies in which City Drive exercises control (for example subsidiaries of City Drive). City Drive partners shall mean local representatives, affiliates, agents etc appointed by City Drive.

1.3. City Drive Services – services that City Drive or City Drive group companies and partners provide, including provision and maintenance of City Drive App, City Drive Platform, In-app Payment, customer support, communication between the Driver and the Passenger and other similar services.

1.4. City Drive App – smartphone or web application for Drivers and Passengers to request and receive Transportation Services.

1.5. City Drive Platform – technology connecting Passengers with Drivers to help them move around cities more efficiently.

1.6. Passenger – a person requesting Transportation Services by using City Drive Platform.

1.7. Driver (also referred to as „you“) – the person providing Transportation Services via the City Drive Platform. Each Driver will get a personal City Drive Driver Account to use City Drive App and City Drive Platform.

1.8. Agreement – any agreement between Driver, City Drive  or City Drive group companies and partners regarding the use of City Drive Services. The Agreement consists of these General Terms, the Drivers guidelines and other additional terms and conditions or documents referred to herein or agreed in the future between Driver and City Drive  or City Drive group companies and partners.

1.9. Fare – the fee a Passenger is obliged to pay Driver for provision of the Transportation Services.

1.10. City Drive Fee – the fee that Driver is obliged to pay to City Drive  or City Drive group companies and partners for using the City Drive Platform.

1.11. In-app Payment – cards, carrier billing and other payment methods used by the Passenger via the City Drive App to pay for the Transportation Services.

1.12. City Drive Driver Account – access to a website containing information and documents regarding usage of the City Drive Services in course of provision of Transportation Services, including accounting documentation.

1.13. Transportation Services – transport service a Driver is providing to Passenger whose request Driver has accepted through the City Drive App.

2. ENTRY INTO THE AGREEMENT

2.1. Prior to using the City Drive Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us or City Drive group companies and partners. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the „Sign up" button located at the end of the signup application, you represent and warrants that:
pursuant to valid legal acts, you are entitled to enter into an agreement with City Drive  or City Drive group companies and partners to use the City Drive Platform for providing the Transportation Service;you have carefully studied, fully understands and agrees to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;
all the information you have presented to us or City Drive group companies and partners is accurate, correct and complete;
you will keep City Drive Driver Account accurate and profile information updated at all times;
you will not authorize other persons to use your City Drive Driver Account nor transfer or assign it to any other person;
you will not use the City Drive Services for unauthorized or unlawful purposes and impair the proper operation of the City Drive Services;
at all times, you fully comply with all laws and regulations applicable in the state/country you are providing Transportation Services in, including (but not limited to) laws regulating passenger transportation services;

2.2. You are obliged to provide your bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. City Drive  or City Drive group companies and partners are transferring In-app Payment fees to the bank account that you have provided. We and City Drive group companies and partners are not liable for any incorrect money transactions in case you have provided wrong bank requisites.

2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use City Drive Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the City Drive Services.

2.4. You agree that in specific cities or countries we may assign any of our obligations arising from the General Terms or Agreement to City Drive group companies and partners. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of City Drive Fees, forwarding you the fees due, mediating In-app Payment, licensing the City Drive App, etc.

2.6. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details (as accessible in the City Drive Driver Account). In such case, the indicated legal person is considered to be the provider of Transportation Services and a party to these General Terms, Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually provide the Transportation Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES UNDER CITY DRIVE ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE DRIVER.

2.7. Registering City Drive Driver Account as a fleet company. Upon concluding a separate agreement, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.

3. RIGHT TO USE CITY DRIVE APP AND CITY DRIVE DRIVER ACCOUNT

3.1. License to use the City Drive App and the City Drive Driver Account. We hereby grant you a license to use the City Drive App and the City Drive Driver Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, fleet companies may sub-license the City Drive App and the City Drive Driver Account to the members of its fleet.

3.2. In course of using the City Drive App and/or City Drive Driver Account you may not:
decompile, reverse engineer, or otherwise attempt to obtain the source code of the City Drive App, the City Drive Driver Account or other software of City Drive;
modify the City Drive App or the City Drive Driver Account in any manner or form or to use modified versions of the City Drive App or City Drive Driver Account;
transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on City Drive Platform;
attempt to gain unauthorized access to the City Drive App, City Drive Driver Account or any other City Drive Services.

3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the City Drive App and the City Drive Driver Account and we or City Drive group companies and partners are entitled to block and delete Driver account without a prior notice.

3.4. Using tags and labels of City Drive. Additionally, we or City Drive group companies and partners may give you tags, labels, stickers or other signs that refer to City Drive brand or otherwise indicate you are using the City Drive Platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Transportation Services via the City Drive Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to City Drive brand.

3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by City Drive Corporation and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the City Drive Platform or any other City Drive Services you do not acquire any rights of ownership to any intellectual property.

4. PROVIDING THE TRANSPORTATION SERVICES

4.1. The Driver’s Obligations. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the state/Country where you are providing Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services.
4.2. You must have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. City Drive  or City Drive group companies and partners reserve the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.

4.3. You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger's request in the best interest of the Passenger. Among else, you (i) must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make any unauthorised stops; (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iv) must adhere to any applicable traffic acts and regulations, i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving.

4.4. You retain the sole right to determine when you are providing the Transportation Services. You shall accept, decline or ignore Transportation Services requests made by Passengers at your own choosing.

4.5. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the City Drive App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.

4.6. Fares. You are entitled to charge a fare for each instance you have accepted a Passenger on the City Drive Platform and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific journey as determined by the GPS-based device and the duration of the specific travel. The default base fare may fluctuate based on the local market situation. Additionally, you shall always have the right to charge the Passenger less than the Fare indicated by the City Drive App. However, charging the Passenger less than the City Drive App indicates, does not decrease the City Drive Fee.

4.7. If you find that there has been an error in the calculation of the Fare and wishes to make corrections in the calculation of the Fare, you must submit a petition in the section „Fare Review“ of the City Drive App. If a petition in the section „Fare Review“ of the City Drive App has not been submitted, then City Drive  or City Drive group companies and partners shall not recalculate the Fare or reimburse you for an error made in the calculation of the Fare.

4.8. City Drive  or City Drive group companies and partners may adjust the Fare for a particular order completed, if we or City Drive group of companies and partners detect a violation (such as taking a longer route or not stopping the fare meter of the City Drive App after the Transportation Services have been completed) or in case a technical error affecting the final fare is identified. City Drive  or City Drive group companies and partners may also reduce or cancel the fare in case we have reasonable cause to suggest a fraud or a complaint by the Passenger indicates a violation by you. City Drive  or City Drive group companies and partners will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.

4.9. Passenger may pay the fare for the Transportation Services either directly to you or via the In-app Payment as described in section 6 of these General Terms. In case the Passenger pays the Fare directly, it is your obligation to collect the Fare. In case the Passenger fails or refuses to pay, City Drive  or City Drive group companies and partners will send a notice of debt to the Passenger on behalf of you. Such authorisation derives from the mandate of paying agent given to City Drive  or City Drive group companies and partners and does not entail that City Drive  or City Drive group companies and partners have an obligation to compensate the Fare not paid by the Passenger. If the passengers in the vehicle do not agree to pay the Fare for the provision of Transportation Service, the Fare will be paid by the Passenger who has ordered the provision of Transportation Service. If Passenger justifiably refuses to pay the Fare on the account that your information stated in the City Drive App is incorrect, then City Drive  or City Drive group companies and partners will not reimburse you for such expenses.

4.10. Receipts. After each successful provision of Transportation Services, City Drive shall create and forward a receipt to the Passenger consisting of the following information: the company’s business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date-, the time-, the start and end locations-, the duration and length-, the Fare and the Fare paid for the provision of the Transportation Services. The receipt of each provision of Transportation Services is available to you via the City Drive Driver Account.

4.11. If, in the course of the provision of the Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you shall have the right to request the Passenger to pay a penalty of USD30.00  and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, you must notify us or City Drive group companies and partners and we will then try to collect penalty and/or relevant costs on the your behalf from the Passenger. However, bear in mind that we or City Drive group companies and partners are not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by Passenger.

4.12. Your tax obligations. You hereby acknowledges that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we or City Drive group companies and partners may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services. You hereby agree to compensate City Drive  or City Drive group companies and partners all state fees, claims, payments, fines or other tax obligations that City Drive  or City Drive group companies and partners will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax). 

4.13. The Driver’s authorisation to issue invoices. City Drive  or City Drive group companies and partners have a right to issue an invoice on your behalf to the Passenger in order to compensate you any Fares, contractual penalties or other fees that City Drive  or City Drive group companies and partners mediate to you. The invoice will be made available to you via the City Drive Driver Account. 

5. CITY DRIVE FEES

5.1. In order to use the City Drive Services, you are obliged to pay to a fee (i.e. the City Drive Fee). The City Drive Fee is paid based on the Fare of each Transportation Service order that you have completed. The amount of the City Drive Fee is made available to you via e-mail, City Drive App, City Drive Driver Account or other pertinent means. Please acknowledge that the City Drive Fee may change from time to time. We or City Drive group companies and partners shall send you a prior notification of each such change.

5.2. You must pay the City Drive Fee and any other fees due to us and City Drive group companies and partners for the previous month at latest by the 15th date of the following month. Upon delay with payment of the City Drive Fee, you shall be obliged to pay a penalty of late payment in the amount of 0,04% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by us or City Drive group companies and partners, which are related to debt collection activities.

6. IN-APP PAYMENTS

6.1. We or City Drive group companies and partners may enable Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods directly in the City Drive App (i.e. In-app Payment). You hereby authorise us or City Drive group companies and partners to act as your limited commercial

agent solely for the purpose of collecting, on your behalf, the Fares or other fees paid by the Passenger via In-app Payment. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.

6.2. You may not refuse payment by the Passenger via the In-app Payment, or influence the Passenger against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we or City Drive group companies and partners shall be entitled to charge you a contractual penalty in the amount of USD15.00  for every refusal and/or block your right to use the City Drive Group Services in case of repetitive behaviour.

6.3. We or City Drive group companies and partners will transfer the amounts collected as In-app Payments, which have been credited to the City Drive bank account in the preceding week, to your bank account by the 5th day of the following week. If you request a review of the In-app Payment, then City Drive may transfer the amounts collected after the review has been concluded.

6.4. You are entitled to review In-app Payment reports in the City Drive Driver Account or App. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the City Drive  Fee. You must notify us or City Drive group companies and partners of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app Payment.

6.5. We and City Drive group companies and partners are not obliged to pay you the Fare due from the Passenger if the In-app Payment failed because Passenger’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Fare due from the Passenger, and shall transmit it to you once the Passenger has made the requested payment.

6.6. Before providing Transportation Services, you must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger’s account. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we or City Drive group companies and partners shall reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us or City Drive group companies and partners. Additionally, for every wrongfully applied In-app Payment, we and City Drive group companies and partners shall be entitled to charge you a contractual penalty up to USD10.00 .

6.7. Please note that we or City Drive group companies and partners will set off any Fares paid via In-app Payment against the amounts that you are obliged to pay to us or City Drive group companies and partners (i.e. City Drive Fees,Funds transfer processing fee and contractual penalties). We and City Drive group companies and partners reserve the right to fulfil any of your financial liabilities to any City Drive group companies, in which case we or City Drive group companies and partners will acquire the right to submit a claim against you. We or City Drive group companies and partners may set off any of your financial liabilities against financial liabilities that you may have against us or City Drive group companies and partners.

6.8. If we or City Drive group companies and partners are not able to pay the Fees to you due to you not including your bank account details in your Driver´s account or if the bank account details have been noted incorrectly, then we or City Drive group companies and partners will hold such payments for 180 days. If you do not notify us or City Drive group companies and partners of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare not transferred to you shall expire.

7. CUSTOMER SUPPORT

We provide the Drivers customer support regarding the use of the City Drive Services. We and City Drive group companies and partners have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days.

8. RATINGS AND ACTIVITY

8.1. In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Passengers at City Drive App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.

8.2. In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service requests.

8.3. In order to provide reliable services to Passengers, we or City Drive group companies and partners may determine a minimum average rating and a minimum activity score that Drivers must establish and maintain. If, after a pertinent notification from us or City Drive group companies and partners, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Driver´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.

9. MARKET OVERVIEWS AND CAMPAIGNS

9.1. Market overviews. We or City Drive group companies and partners may send you, via the City Drive App, City Drive Driver Account, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we and City Drive group companies and partners cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.

9.2. Campaigns promising minimum income. We and City Drive group companies and partners may also provide campaigns, whereby we will guarantee a minimum income if you provide Transportation Services within a specified timeframe. If the specified minimum is not reached by you, we or City Drive group companies and partners shall compensate the gap. The specific requirements and conditions will be sent via the City Drive App, City  Driver Account, SMS, e-mail or other means. We and City Drive group companies and partners have full discretion in deciding if, when and to which Drivers we provide such campaigns. If we or City Drive group companies and partners have reasonable cause to suspect any fraudulent activity by you, we may withhold your Fare until the suspicion of fraud has been cleared.

9.3. Campaigns for Passengers. We and City Drive group companies and partners may also occasionally arrange various campaigns to Passengers in order to promote the City Drive Platform. If the Fare paid by the Passengers is reduced as part of such campaign, we or City Drive group companies and partners shall pay you compensation, amounting to the monetary value of the benefit offered to the Passengers. We and City Drive group companies and partners may set off the marketing compensation against the City Drive Fee.

10. RELATIONSHIP BETWEEN YOU, US AND THE PASSENGERS

10.1. You hereby acknowledge and agree that we or City Drive group companies and partners provide an information society service and do not provide Transportation Services. By providing the City Drive Platform and City Drive Services, we act as marketplace connecting Passengers with Drivers to help them move around cities more efficiently. You acknowledge that you are providing the Transportation Services on the basis of a contract for carriage of passengers and that you provide the Transportation Services either independently or via a company as an economic and professional activity.

10.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us or City Drive group companies and partners. You also acknowledge that no joint venture or partnership exists between you and us or City Drive group companies and partners. You may not act as an employee, agent or representative of us or City Drive group companies and partners nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us or City Drive group companies and partners, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.

10.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.

11. PROCESSING OF PERSONAL DATA

Your personal data will be processed in accordance with the Privacy Notice.

12. LIABILITY

12.1. The City Drive Platform is provided on an "as is" and “as available” basis. We and City Drive group companies and partners do not represent, warrant or guarantee that access to City Drive Platform will be uninterrupted or error free. As the usage of City Drive Platform for requesting transportation services depends on the behavior of Passengers, we or City Drive group companies and partners do not guarantee that your usage of the City Drive Platform will result in any Transportation Service requests.

12.2. To the maximum extent permitted under the applicable law, we, City Drive group companies and partners, representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the City Drive Services, including but not limited to:
any direct or indirect property damage or monetary loss;
loss of profit or anticipated savings;
loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
loss or inaccuracy of data; and
any other type of loss or damage.

12.3. The financial liability of us or City Drive group companies and partners in connection with violating the General Terms or Agreement will be limited to USD200.00 . You shall have the right to claim for damages only if we or City Drive group companies and partners have deliberately violated the General Terms or Agreement.

12.4. We and City Drive group companies and partners shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.

12.5. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or City Drive group companies and partners or any state authority. You shall indemnify us and City Drive group companies and partners for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we or City Drive group companies and partners may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If Passenger presents any claims against us or City Drive group companies and partners in connection with your provision of Transportation Services, then you shall compensate such damage to us or City Drive group companies and partners in full within 7 (seven) days as of your receipt of the respective request from us or City Drive group companies and partners. In case we or City Drive group companies and partners are entitled to present any claims against you, then you shall compensate us or City Drive group companies and partners any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.

13. TERM AND TERMINATION

13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Transportation Services on City Drive Platform.

13.2. You may terminate the Agreement at any time by notifying City Drive or City Drive group companies and partners at least 7 (seven) days in advance, after which your right to use the City Drive Platform and City Drive Services shall terminate. City Drive or City Drive group companies and partners may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.

13.3. City Drive or City Drive group companies and partners are entitled to immediately terminate the Agreement and block your access to City Drive Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage City Drive  or City Drive group companies and partners, or cause harm to City Drives brand, reputation or business as determined by City Drive  or City Drive group companies and partners in our sole discretion. In the aforementioned cases we may, at its own discretion, prohibit you from registering a new Driver account.

13.4. We may also immediately block your access to the City Drive Platform and to the City Drive Driver Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.

13.5. We are aiming to provide the highest quality service to all Passengers therefore we are monitoring the activity of Drivers on City Drive Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.

14. AMENDMENTS

14.1. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, City Drive App or City Drive Driver Account and you have continued to provide the Transportation Services.

14.2. In order to amend the General Terms, we shall post a revised version on the website and give you at least 14 (fourteen) days prior notice. If you continue to use the City Drive Services, you shall be deemed to have accepted the revised conditions.

15. APPLICABLE LAW AND COURT JURISDICTION

15.1. The General Terms and Agreement shall be governed by, and construed and enforced in accordance with the laws of Republic of Zambia. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in the court of laws.

16. NOTICES

16.1. You are obliged to immediately notify us of any changes to your contact information.

16.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the City Drive App or City Drive Driver  Account. Any notice which is sent or dispatched in accordance with this clause shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the City Drive App or City Drive Driver Account, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.