Terms of use for Drivers

These driver terms of service are a binding legal Agreement (“Agreement”) between Zippy Cab Transport cc (“ZippyCab”) and you the driver, (“Driver”).  

Whereas:

 i. The Driver agrees to adhere to the terms and conditions below by obtaining and confirming the acceptance of this Agreement (and/or by using the App.

ii. ZippyCab is the provider of a marketplace platform for passenger transportation services which matches riders with drivers who are driving or travelling along similar destinations under the terms and conditions below.  

As the Driver, you agree with ZippyCab to the following terms and conditions:  

1.  Definitions

“Account” refers to an account that the Driver opens and that is approved by ZippyCab to access the Driver App   to make use of the Services.

“App” refers to the applications from ZippyCab (e.g. software, websites, payment services) and  related support services systems that enable ZippyCab  to match the Driver with Riders based on reasons such as driver location, the requested pickup location, the estimated time to do a pickup, destination, platform efficiency, and the cancellation of an existing match and/or to rematch the driver with a Rider based on the same considerations.

“ZippyCab Data” refers to all data linked to the access and use of the Services hereunder, including all data related to Riders (including Rider Information), all data related to the provision of Transport Services via the Services and the Driver App, and the ID.

“Driver” refers to a person using and accessing the Driver APP (hereafter defined) for the purpose of providing transportation services to riders.

“Driver App” refers to the App that permits the Driver to use the Services.

“Fare” refers to the fee to be charged to a Rider for Transportation based on travel distance and duration between pick up location and destination as set out in ZippyCab’s schedule of fees included in these terms of usage agreement, and provided to the Driver as calculated by the Driver App.

“ID” refers to the unique identification number and password assigned to a Driver on opening an Account.

“Request” refers to a request from a Rider for Transportation.

“Services” refer to ZippyCab’s digital platform electronic services that enable the Driver to be matched with Riders through App

“Services Fee” shall be a 7.5% (percentage) of the Fare to be paid by or due from Driver to ZippyCab per Request or as otherwise set out in this agreement.

“Territory” means the Republic of Namibia.

“Rider” an eligible Rider who uses the App to obtain Transportation Services offered by Drivers. To be eligible, Riders must represent and   warrant that they are at least 18 years old are fully able and competent to satisfy the terms, conditions, and obligations in these Terms.  

“Rider Data” refers to information (which may include Rider’s name, pick up location and destination) about a Rider that the Driver can access when a Rider requests a Ride.

“Vehicle” refers to the Driver’s Vehicle which must meet the quality standards and other criteria set by ZippyCab (as amended from time to time) and which must always comply with all statutory and legal requirements of the Republic of Namibia.  

2. ZippyCab Marketplace platform.

Driver is granted a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to use the App and Services, subject to compliance with the terms herein. Driver is not obligated to provide ZippyCab with exclusive rights, and Driver is free to offer comparable transport services, open Account-like accounts with third parties, access Services-like services from third parties, and conduct business with any other party. ZippyCab and its respective licensors reserve all rights not expressly granted to the Driver. Under the terms of the agreement, ZippyCab provides the App and possibly related App/technology support & administrative Services, and Driver will provide his own Vehicle, mobile device with data plan on which the Driver App is to be installed and which should meet the specifications required by ZippyCab to enable such installation and use.

3. The driver agrees that by using this APP and/or accessing and confirming their acceptance of this agreement, they understand that ZippyCab does not offer transportation services; instead, it offers a technological platform that enables Riders to post requests for transportation and Connects Drivers with available riders to complete transportation requests.  

The Driver acknowledges that in providing transportation Services, he/she creates a contractual, legal, and direct relationship with the Driver and Rider, to which ZippyCab is not a party and to which ZippyCab shall have no liabilities whatsoever to any party for the Driver’s acts and omissions related to the Vehicle and providing the Transport Services. The driver agrees to be bound by the terms and conditions stated here and acknowledges that they will only be held accountable for their own actions. The driver also agrees to use the Account, App, Rider Data, and Request for the exclusive purpose of providing transportation services; they will not use the aforementioned for any unlawful or personal purposes or in any way that could be construed as a breach of agreement or negligence. 

The Driver warrants and undertakes to hold and maintain a valid driver's license and appropriate fully comprehensive vehicle insurance, in which the Driver is a named insured, and to act with due diligence and care, uphold ambitious standards of health and safety, and to maintain professionalism, respect, courtesy, and high-quality service to Riders and third parties when accessing and using the Account, the App, the Services, and in providing the Transportation Services.  

The driver hereby consents to initial and continuing background checks on Driver and Rider evaluations by ZippyCab for quality assurance purposes. 

The driver guarantees and agrees that the vehicle will always be legally owned, leased, or in the driver's lawful control and custody; it will be kept in good operating order in compliance with industry standards; it will always be clean and hygienic; and it will always be properly registered and licensed to provide transportation services.  

The driver agrees to be in full compliance of (and in possession of) all necessary consents/approvals/licenses/permits/authorizations required to meet the requirements of this Agreement. The driver agrees to provide accurate copies of all documents supporting the above requirements when requested. ZippyCab agrees to keep records of the driver’s business (including updates for any changes/renewals) for which the Driver consents. The Driver agrees to comply with all applicable laws and regulations of the Republic of Namibia. 

The Driver represents, warrants and agrees not to engage in reckless behaviour while driving (e.g. talking on the phone) , drive unsafely, transport an unauthorized third party to accompany the Driver in the vehicle while fulfilling a Request, or drive while under the influence of alcohol or drugs.  

The Driver represents, warrants, and agrees that only the vehicle that has been reported to, and approved by ZippyCab, and for which a photograph has been provided to ZippyCab can be used, and the Driver will not transport more passengers than can securely be seated in such vehicle. 

The Driver represents, warrants, and agrees not to attempt to defraud ZippyCab or Riders. 

The Driver represents, warrants, and agrees not to discriminate against Riders with disabilities passengers who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car’s boot or backseat.

The Driver represents, warrants, and agrees to keep a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules the Driver for the operation of the vehicle to be used to provide transportation Services. 

4. ID and Account

In order to use the App, the Driver will be required to open Driver Account on the Driver App. This account will give Driver access and use to the Driver App. Upon full activation of the account, the Driver will be issued an ID. Only one existing account will be allowed per driver. Under the terms of the agreement, the driver will be responsible for keeping the account safe and secure and shall not disclose, share with, or allow any third party (not expressly authorized by ZippyCab to access and or use the Account or Driver App with the Driver Account and shall immediately report all breaches or improper use of the Account or Driver App, (suspected or actual). The Driver shall maintain a minimum balance of 65 NAD at all times to keep the account active and to receive unlimited Requests. 

5. Service Provision

ZippyCab provides the App and possibly related App/technology support & administrative Services, as technology enabler and Driver will provide his own tools of the trade at his expense that will be required for Driver to perform the Transport Services (e.g. Vehicle, mobile device with data plan on which the Driver App is to be installed and which should meet the specifications required by ZippyCab to enable such installation and use).

Every time the Driver agrees and accepts a ride request using the Driver App, ZippyCab will provide the Driver with Data such as Rider’s name, contact details, pick up and destination locations through the Driver App to facilitate the Request. The driver is advised to wait at least five minutes for a Rider to arrive at the pick-up location and that the Driver must try at least one call to Rider, thereafter, to confirm if the Driver can wait any longer or if the Rider intends to complete the Request. The Driver must also confirm destination from Rider directly in person unless the destination in the App is completely clear. Upon making a request, the Rider App will reveal Driver Data such as name, contact details, photo, location, geo tracking of Vehicle and Vehicle model & registration to the Rider. The driver shall not have any other person/persons in the vehicle accept rider (for individual rides) or riders (for shared rides) as duly requested through the Rider App. The Driver must not make any unauthorized stops, detours, or interruptions of the journey until the rider (for individual rides), or riders (for shared rides) reached their respective destination/destinations. The end of each request, the rider shall have the option to rate the Driver on the quality of the service provided. Similarly, the driver will have the option to rate and give feedback, in good faith, on the driver’s experience with Rider. Perpetual negative ratings from Riders shall result in an imposition of a probation period on the Driver for self-correction and service improvement to elevate ratings towards meeting the requisite minimum rating, failing which the ZippyCab may at its sole discretion trigger Deactivation. Similarly, if the Driver repeatedly declines Requests while logged in, such that it adversely impacts the effectiveness and efficiency of the App for Riders, the ZippyCab may at its sole discretion trigger the Deactivation. 

6. Driver Fare

Driver is entitled to a Driver Fare upon completion of each request for the riders. The applicable fares are shown on the driver dashboard of the Driver App. Starting with a base fair or pickup fair amount and/or distance amounts as shown in the dashboard, these fares may surge from time-to-time based on traffic, high demand and other socio-politico and geographic factors or reasonable considerations.  The Driver agrees to collect the fares directly from the Rider/Riders and to act as a payment collection agent for ZippyCab. It is advisable to make use of cashless/card payments. However, where the Rider prefers to pay in cash, the Driver is responsible for collecting correct fare and issuing correct change to Rider. All shortfalls/overage shall be borne by the Driver.  Upon completion of each request, the Driver shall enter confirmation of payment through the Driver App as proof of payment of fare from the Rider.  The driver shall deposit/transfer to ZippyCab the service fees from each Request at a rate (or a flat fee per request for inter-city/long distance rides) due to ZippyCab as indicated on the driver dashboard of the Driver App, weekly before 15h00 on Fridays.  

In situations where the Request is for inter-city/long distance travel (e.g. Rehoboth to Windhoek, Walvis Bay to Oshakati, Tsumeb to Otjiwarongo, etc.) both the Rider and Driver fares, as well as the Service Fees for ZippyCab, will be predetermined. The Driver shall receive a weekly breakdown of Service Fees and Fares via the Driver App. 

ZippyCab reserves the right to suspend the Driver account if the Driver fails to maintain a minimum balance of 65 NAD (sixty-five Namibian Dollars) for more than five (5) days.  

7. Additional Payments to the Driver

In addition to the Driver fares, the Driver is entitled to any tips paid by the Rider and any incentives the Driver earns based on performance.

8. Taxes

The driver agrees to indemnify ZippyCab from all tax liabilities, duties, levies, claims and penalties that may be imposed on the Driver or on ZippyCab because of the Driver’s failure to comply with any of the Driver tax obligations. The Driver acknowledges that he/she is responsible for determining and fulfilling their obligations under applicable laws to report, collect and/or remit, any applicable income, or other taxes. 

9. Payment Processing

Card payment processing services are provided by Bank Windhoek Business E-Commerce platform and subject to its Terms.  For details on Bank Windhoek Business E-Commerce platform terms, sent an email to pieterh@zippynamibia.com for assistance.

10. Receipts

The Driver understands and agrees to ZippyCab cc sending Riders receipts detailing their fees for the transportation Services he/she provided. 

11. Intellectual Property

ZippyCab owns all intellectual property, including database rights, copyright, design rights, and other similar rights. Unauthorized licensing, sublicensing, selling, reselling, transferring, assigning, distribution or otherwise providing or making the Services and /or the Driver App available in any way to any other party is strictly prohibited. Ratings or feedback shall remain the property of the person giving the rating/feedback. However, ZippyCab is at reserves the right to edit or remove feedback that breach any laws or that contain inappropriate, obscene, or objectionable content.  The person giving ratings and feedback allows ZippyCab the continuous, irreversible, royalty free right to use, show and share the said ratings and feedback in any way associated with ZippyCab’s business. 

All intellectual property generated by the Driver under this agreement through questions, comments, suggestions, ideas, feedback, or other information provided by the Driver to ZippyCab shall become the sole property of ZippyCab.  

12. Driver Representation and Warranty

The Driver represents and warrants that he/she has full authority and capacity to accept and execute the Driver obligations under this agreement; is not under and will not enter into any other conflicting agreement with other third parties that would hinder and prevent the Driver from fulfilling the obligations under this agreement; and will comply with all applicable laws and regulations in the Driver performance of this agreement.

13. Disclaimer and Warranties

ZippyCab provides the Driver App without guarantee or warranty that the Driver will access the platform without interruptions and/or errors as to the performance, correctness, performance, or suitability of the Driver App for any particular purpose. ZippyCab does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the Driver App. ZippyCab (and any part thereof), including without limitation any content, data and information related thereto, are provided on an “voetstoots” basis, without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.

ZippyCab and its affiliates, including any of their officers, founder, employees, sub-contractors, agents, and other affiliates (collectively, “ZippyCab”), jointly and severally, disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content, data, results, or other information obtained or generated in connection with the Driver’s use of the Driver App. ZippyCab does not warrant that the operation of the Driver App is or will be secure, accurate, complete, uninterrupted, without error, or without any viruses, worms, other harmful components, or other program limitations. ZippyCab may, at its sole discretion and without an obligation to do so, correct, modify, amend, enhance, improve, and make any other changes to the Driver App at any time, or discontinue displaying or providing any content or features without any notice to the Driver. The Driver agrees and acknowledge that the use of the Driver App, including the use of and/or reliance on any content available through the Driver App, is entirely and to the maximum extent permitted by applicable law, at his/her own risk.

14. No Service Guarantee

The ZippyCab does not guarantee the availability or uptime of the Driver App. The Driver acknowledges and agrees that the Driver App may be unavailable at any time and for any reason. The Driver understands that the Driver App may be subject to limitations, delays, and other characteristic problems found in the use of the internet (e.g. network connection issues) and electronic communications, and ZippyCab is not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.

15. Indemnification.

The Driver agrees to indemnify, defend and hold harmless ZippyCab and any of its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) arising directly or indirectly from the Driver’s use of the Driver App (or any part thereof); breach of any term of these Terms by the Driver; any damage of any sort, whether direct, indirect, special or consequential, that the Driver may cause to any third party which relates to your use of (or inability to use) the Driver App; the Driver’s violation of any third party intellectual property rights, privacy rights or other rights through his/her use of the Driver App or provision of information to ZippyCab (including but not limited to obtaining consents from the requisite parties); and the Driver’s violation of any applicable law or regulation.

16. Limitation of Liability.

 ZippyCab shall not be liable under or related to this Agreement for any of the following, whether based on contract, offence or any other legal theory, even if a party has been advised of the possibility of such damages including direct, incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or damage to the Driver’s or any third party’s property, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for ZippyCab’s obligations to pay amounts due to the Driver pursuant to this agreement, but subject to any limitations or other provisions contained in this agreement which are applicable thereto, in no event shall the liability of ZippyCab under this Agreement exceed the amount of Service Fees actually paid to or due to ZippyCab hereunder in the three (3) month period immediately preceding the event giving rise to such claim. The Driver acknowledges and agrees that all claims the Driver has or purports to have against ZippyCab should be notified to ZippyCab and/or its Affiliates within twelve (12) months after the event(s) that gave rise to such claim and that the Driver forfeits all rights in respect of that claim if the Driver fails to do so. If the driver has not maintained the requisite minimum balance of 65 NAD in the 60-minute period immediately preceding the event giving rise to the claim, then ZippyCab shall not have any liability towards the Driver.

17. Confidentiality

The Driver acknowledges and agrees that in the performance of this Agreement he/she may have access to or may be exposed to, directly or indirectly, confidential information of ZippyCab, and that of the Riders. Confidential Information includes ZippyCab Data, Rider Information (e.g. name, pick-up location, contact information and photo), and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that ZippyCab designates as being proprietary or confidential or of which the Driver should know should be treated as confidential, and the Driver agrees to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of ZippyCab in order to prevent it from falling into the public domain.

18. Deactivation and Termination

ZippyCab may for any reason whatsoever, block the Driver’s access to the Driver App and/or temporarily or permanently limit, suspend, or terminate the Driver’s access to the Driver App, for any reason, at its sole discretion, in addition to any other remedies that may be available to ZippyCab under any applicable law.  Upon deactivation of the Driver Account and or Termination of this Agreement the Driver shall delete all App from the Driver mobile device and, forthwith, settle all outstanding amounts due to ZippyCab and thereafter subject to Driver settling all monies due to ZippyCab, ZippyCab will settle all monies due to Driver. Additionally, ZippyCab cc may at any time, at its sole discretion, cease the operation of its marketplace platform for passenger transportation services or any part thereof, temporarily, or permanently, without giving any prior notice.

19. Miscellaneous

The Driver acknowledges and agree that ZippyCab’s provision of the Driver App Driver and related or these Terms, do not, and shall not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. The Driver remains an independent party that is free to use and end the use of the App at Driver’s sole discretion. Similarly, the driver agrees not to hold himself/herself out to be a servant, agent, or representative of ZippyCab cc.

20. User Disputes

In situations where a dispute arises between the Driver and the Rider, ZippyCab in no way be responsible for the resolution of such a dispute.

21. Amendment of Terms

The ZippyCab reserves the right to change the Terms and conditions of this Agreement from time to time, at its sole discretion and without any notice, including the Privacy Policy.  The Driver hereby acknowledges and agrees that, by accessing the website Services, or downloading, installing, or using the Driver App, he/she is bound by any future amendments and additions to this Agreement, information referenced on the website, or information incorporated herein, including with respect to Fares. Continued use of the Services or Driver App after any such changes shall constitute the Driver consent to such changes.

22. Waiver

ZippyCab’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ZippyCab in writing.

23. Arbitration

All disputes between the Driver and ZippyCab including but not limited to these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or the Driver access to the Driver App shall be resolved on an individual basis through arbitration, governed by the applicable laws of the Republic of Namibia and such decision of arbitration shall be binding and final.