drivers terms and conditions
Welcome to FURAHA SERVICES
Please read these Terms and Conditions (“Terms”) carefully as they govern your use of the FURAHA SERVICES mobile application (“App”) and any other services made available through the App.
By using the App, you agree to be bound by these Terms thus creating a binding contractual agreement between You, the user (“You”/ “Your”/ the “User”) and FURAHA SERVICES for ACE Ltd (Company Number 13885741) with registered office at 403 Bahari Beach Ununio Kunduchi Dar Es Salaam and trading as FURAHA SERVICES (“Us”/ “We”/ the “Company”).
1. The Services
The Company operates as an intermediary only connecting Passengers with available Drivers.
2. Eligibility
a. The App can be utilized by parties either as a provider of driving services (“Driver”) or as a seeker of such services (“Passenger”), collectively referred to as “Subscribers”.
b. The App is not suitable for individuals under 21 or those previously banned from using it.
c. Upon registering as a Driver, you declare and guarantee that:
i. You possess a valid Driver’s License and are a registered Driver.
ii. You have registered as a self-employed individual.
iii. You have adequate insurance coverage to address any liabilities arising from injury or harm to a Passenger.
d. If your Driver’s License is suspended or revoked, you must immediately inform us and stop using the App until your license is reinstated.
3. Adherence with Laws and Regulations
a. Your use of the App implies your agreement to comply with all laws and regulations in the United Republic of Tanzania, inclusive of, but not limited to, regulations pertaining to driving vehicles on public roads and operating vehicles for hire purposes.
b. You warrant that you have obtained all necessary licenses, permits, and insurance coverage as prescribed by law and regulatory bodies for lawful driving.
4. Account
a. To utilize the App, you must first register and establish an Account.
i. During registration, you will need to supply personal information including, but not limited to: your name, email address, mobile number, physical address, bank account information, and license details.
b. You guarantee that the information you provide during registration will always be accurate, truthful, current, and complete.
c. Your Account request will undergo review and verification of your information. You must wait for your Account to be activated before you can use the App.
d. Additional information may be requested during the verification process. Failure to provide requested information may result in denial of an Account.
e. If any information you provide raises concerns about your suitability to have an Account, we reserve the right to refuse to provide an Account at our discretion.
f. Your Account is personal to you and must not be shared or used by others. You are solely responsible for the security of your Account and login information and accept full responsibility for any activity on your Account.
g. We reserve the right to suspend or cancel your Account or restrict your use of the App for any reason, including, but not limited to, non-compliance with these Terms.
5. Fares
a. All fares for Passengers are determined by the metered rate set by FURAHA SERVICES.
i. When a Passenger requests a ride, the closest driver will receive notification via the App.
ii. Drivers have the option to either Accept or Decline the Fare.
iii. If a Driver accepts the Fare, both the Driver and Passenger will be given each other’s contact information and will be able to track each other’s location through the App.
iv. If a Driver declines a Fare, it will be offered to the next closest available Driver until either a Driver accepts, or the Passenger cancels the request.
b. There is no guarantee of a specific number or value of Fares in any given period.
c. Drivers are under no obligation to accept any Fare and have no minimum requirement for working hours or completed Fares in a period.
d. Accepting a Fare constitutes a contract between the Driver and the Passenger for the requested ride.
6. Cancellations and No-Shows
a. By a Driver
i. You can cancel a Fare before picking up the Passenger by using the designated option in the App.
ii. You understand that frequently cancelling accepted Fares may harm the Service’s reputation and agree to complete all Fares in a sincere manner and only cancel them for valid reasons.
iii. We reserve the right to suspend or cancel your Account if you repeatedly cancel Fares after accepting them.
b. By the Passenger
i. Passengers can cancel a Fare before pick-up. You’ll receive an in-App notification if the Fare is cancelled.
ii. We are not responsible if a Passenger cancels a Fare after you have accepted it, and you have no right to seek compensation from us.
c. No-Show
i. If you arrive at the pickup point and cannot locate the Passenger, try to reach them first.
ii. We are not liable if a Passenger fails to show up, and you have no right to seek compensation from us.
7. Direct Communication
a. Communication with Passengers should only be done for the purpose of fulfilling a Fare through the App.
b. Violating this rule by communicating directly with a Passenger outside of the App may result in suspension or termination of your Account.
8. Fees
a. The App is available for download and use without any cost to you.
b. A 10% fee is levied on drivers for fares completed through the App, as commission for the services rendered.
9. Payment
a. The fares payment can be done either in cash or by using a card.
b. The card payments made via the App are processed through Stripe.
i. It is the Driver’s obligation to verify that card payments have been processed successfully and to confirm the payment before the passenger departs.
In cases where the payment cannot be processed through the App, the Driver should accept payment in cash.
c. If a fare is paid in cash, the Driver will be accountable for paying the commission to us.
10. Relationship
a. FURAHA SERVICES does not serve as an employment agency, and all Drivers recognize and agree that their utilization of the App is based on the understanding that they are independent self-employed individuals, not employees of the Company.
11. Consent
a. Upon registering for the App, you consent:
i. to the utilization of your location information in accordance with your in-App setting choices;
ii. to the sharing of relevant personal information with Passenger Users for the purpose of providing services to both you and them.
12. User Obligations
a. As a Subscriber, you commit to:
i. avoiding any behaviour that threatens, harasses, impersonates, stalks, intimidates, bullies, or endangers other Subscribers;
ii. keeping your Account personal and not sharing it with others, and recognizing that unauthorized use of your Account is strictly prohibited;
iii. not engaging in actions that may negatively impact the reputation of FURAHA SERVICES or go against their interests;
iv. refraining from attempting to bypass the App by directly communicating with another Subscriber;
v. not using automated methods to access the Platform, or modifying the App without written permission from the Company;
vi. not utilizing the App for any commercial, money-making, promotional or marketing purposes other than those specifically endorsed or approved in writing by the Company;
vii. avoiding any distribution of unsolicited commercial content, junk mail, spam, bulk content, harassment, or any illegal or pornographic material.
13. Liability, Insurance and Indemnity
a. As the driver, you acknowledge and assume full legal accountability for any harm, loss, or damage experienced by a passenger due to any fare you carry out.
b. You pledge to defend and exempt the company, its officials, staff, advisers, and agents from any lawsuits arising from harm, loss, or damage incurred by a passenger as a result of any fare you carry out.
c. It is mandatory for you to possess up-to-date and valid insurance coverage from a reputable insurance provider, including public liability insurance if required, to cover any potential liabilities that you may incur.
14. Availability of the App
a. This Application is provided without any warranties or guarantees, including those of fitness for a particular purpose or of non-infringement, and “as is” and “as available.” We do not accept liability for any outages or unavailability of the Application, at any time or in any geographic location, for any period of time.
b. You may download the Application onto your device from the Apple App Store or Google Play Store. By downloading the App, you acknowledge and agree:
i. To abide by the terms and conditions of either the Apple App Store or Google Play Store, as applicable, related to downloading apps;
ii. That updates to the Application may be released through either the Apple App Store or Google Play Store, as applicable, and based on the update, you may need to download the latest version of the App and accept any new terms before using it;
iii. To take full responsibility for the safety and security of any devices onto which you download and use the App.
c. No guarantees are made that the App will be always available in all territories.
d. No assurances are made that the App will perform effectively on any device you use to access it.
e. We reserve the right to modify, discontinue, withdraw, or suspend the Application, or any part thereof, at any time and without prior notice to you
15. Limited License
a. A non-transferable, non-exclusive, royalty-free license is granted for the use of the Application; however, these terms shall not be interpreted as conveying any rights, title, or ownership interests in the Application or any content made available through it to you.
b. The use, copying, modification, or transfer of the Application (including related documentation) or any part thereof, including any print-out of a database, is strictly prohibited unless explicitly stated in this license.
c. By utilizing the Application, you give us your consent to collect and use technical information and data about the devices used to access the Application and related software to improve our products and provide you with any services.
16. Collection Notice and Privacy
a. To facilitate your use of our Application, provide the Services, verify your personal information, communicate with you, respond to your inquiries, and for other purposes stated in our Privacy Policy, we collect personal information about you.
b. Further information on the use, disclosure, and storage of your personal information is detailed in our Privacy Policy, as well as information on accessing and correcting such information.
c. By using our Application, you agree to be bound by the terms outlined in our Privacy Policy.
17. Intellectual Property
The Company retains ownership of all materials, including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, and software, developed or provided in relation to the Application (referred to as “App Content”). All rights to Intellectual Property not explicitly granted to you are reserved by the Company.
18. Confidentiality
a. You agree to the following terms:
i. You shall not disclose or make accessible any information owned by the Company, including system operations, documents, marketing strategies, staff information, and Passenger information, to any third parties.
ii. All communications involving information of other App users must be kept confidential by you and cannot be distributed or disclosed to third parties or other users without the prior written consent of the Company, except as required by law.
19. No Implied Warranty
a. You acknowledge that, in accepting these Terms, you have not relied on any representations, warranties or other provisions except as expressly provided for in these Terms and any condition, warranty or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
20. No Liability
a. To the maximum extent permitted by applicable law, the Company accepts no liability under or in connection with these Terms, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, except in the case of death or personal injury caused by the Company’s negligence.
b. To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App, these Terms or their subject matter, or any Fares completed by a Driver.
21. Waiver
a. Except as provided for in these Terms, no failure by the Company to exercise a right or to require You to perform an obligation under these Terms shall amount to a waiver affecting Our ability to exercise such right or require such performance at any time thereafter;
b. No indulgence for any breach of these Terms shall amount to a waiver of any continuing or subsequent breach of these Terms.
22. Severance
a. Any term herein which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
23. Joint and Several Liability
a. An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
24. Third Party Rights
a. No third party will have any right to enforce or rely on any provision of these Terms.
25. Assignment
a. You cannot assign, novate or otherwise transfer any of Your rights or obligations under these Terms without the prior written consent of the Company.
26. Complaints and Grievances
a. If You have any complains or concerns with regards to the content of the App or behavior of any Subscriber or any comment on any breach of these Terms or any Intellectual Property right of any Subscriber You should immediately inform Us using the following email: support@furaharides.com.
27. Changes To These Terms
a. We reserve the right, at Our sole discretion, to modify or replace these Terms at any time and any such change shall be effective upon publication of the updated Terms on the App;
b. If a change is material We will send you a notification (if we have your email address) about any material amendments to these Terms that may be of importance to You but You remain responsible for regularly reviewing these Terms;
c. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the App.
28. Entire Agreement
a. These Terms and our privacy policy embody the entire agreement between us and you and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to your use of the App.
29. Governing Law and Jurisdiction
a. These Terms are governed by the laws of The United Republic of Tanzania without regard to principals of conflicts of laws;
b. You irrevocably submit to the exclusive jurisdiction of the courts of The United Republic of Tanzania in respect of any proceedings arising out of or in connection with these Terms or your use of our App.
30. Promotions, codes and competitions
a. FURAHA SERVICES operates as an intermediary only connecting Passengers with available Drivers. FURAHA SERVICES may, at its discretion, create promotions and equivalent promotional codes that may be redeemed for credit, or other benefits related from time to time to the FURAHA SERVICES and/or to services provided by a third party, subject to any additional terms that FURAHA SERVICES establishes on a per promotion and promotional code basis may expire prior to your use. FURAHA SERVICES reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions and Promo Codes by you or any other user in the event that FURAHA SERVICES determines or believes that the use or redemption of the Promotion and Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promotion and Promo Code terms or these Terms. Furthermore, FURAHA SERVICES reserves the right to alter these terms at its discretion.
b. Additional payment is separate to the actual fare and commission will not be charged on this amount. Any customer promotion is paid by FURAHA SERVICES and does not impact your fare or the commission you pay. Furthermore, FURAHA SERVICES reserves the right to alter these terms at its discretion.
d. If you have any further questions about promo codes please send an email to: support@furaharides.com.
31. Drivers Rewards Scheme
a. FURAHA SERVICES is committed to recognizing and rewarding the outstanding performance of its drivers. To that end, we have established a monthly bonus program based on two key metrics: revenue generated and customer ratings.
At the end of each month, the driver who has generated the most revenue and received the highest customer ratings will be crowned the best driver of the month and will receive the largest bonus. The two drivers with the next highest scores will be recognized as runners-up and will receive a prize as well.
These bonuses and prizes serve as a testament to the hard work, dedication, and exceptional customer service provided by our drivers. Furaha Services is proud to support and reward its drivers for their contributions to the success of the company.
It is important to note that the determination of the best driver of the month and runners-up is subject to change based on the company’s discretion and may be influenced by factors such as company policy, legal compliance, and overall performance.
b. FURAHA SERVICES reserves the right to withhold or deduct Reward or other features or benefits obtained through the use of the Scheme by you or any other user in the event that FURAHA SERVICES determines or believes that the use or redemption of the Reward was in error, fraudulent, illegal, or in violation of the applicable Scheme terms or these Terms. Rewards are not transferable and only assigned to an individual driver. Furthermore, FURAHA SERVICES reserves the right to alter these terms at its discretion.
32. Definitions and Interpretation
a. (singular and plural) words in the singular includes the plural (and vice versa);
b. (gender) words indicating a gender includes the corresponding words of any other gender;
c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
e. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
f. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
g. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
h. (includes) the word “includes” and similar words in any form is not a word of limitation; and
i. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
j. (Intellectual Property Rights) means all copyright, trademark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in The United Republic of Tanzania and throughout the world.
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