The specific terms and Conditions for Passengers of Cabconect

Contained hereinafter are the specific terms and Conditions for Passengers which shall apply to passengers and or clients to guide the utilization of the Cabconect platform to provide transportation services and business opportunity to the whole Word that is today a Global Village. For any user of the services provided by cabconect either as passenger and or client, such a person or persons must operate within the terms and conditions provided seriatim.

1. Introduction/Definition of Relevant Terminologies

   1. Cabconect is a limited liability company registered under Part B of Companies and Allied Matters Act, 2020. Cabconect is a subsidiary of the Beniko group of companies, a Nigerian group of companies incorporated under the Companies and Allied Matters Act, 2020.

   2. Services provided by Cabconect, a subsidiary of the Beniko group of companies includes: Provision of support services to clients and or passengers and drivers, in-app calls and messages between drivers and passengers and or clients who use the app, Maintenance of Cabconect app and Cabconect Platform, communications between drivers and passengers either in-app or by phone. To connect drivers or dispatchers to customers who need and request for transportation/ logistic services

   3. Cabconect app: Is a smart mobile device friendly or enabled application which is built to connect/enable drivers to provide transportation services to passenger and or client, upon request of such transportation services provided by the drivers using the App. To connect drivers or dispatchers to customers who need and request for logistic services

   4. Cabconect Platform: This is the use of modern technology to connect a Driver and passenger or client to ease transportation service delivery among users of the App. Also is to connect drivers or dispatchers to customers who need and request for the provision of logistic services.

   5. Agreement: This refers to the general agreement between cabconect services and the Drivers, dispatchers and or Riders using the platform to provide transportation and Logistic services. The said agreement spell out the specific terms of operation including pricing which is subject to amendment at any time as circumstances may necessitate.

   6. Passenger or Client: Anyone provided transportation services upon request via the use of the Cabconect platform.

      1.10 Method of payment: A passenger or client can pay his fares by the following means: in- app, transfer code, scan to pay, or via cash. In-app or via use of cards, carrier bills, pay through client’s e-wallet or any other payment platform to pay for the services rendered using the platform.

      1. Transportation Fare: This is the fee paid to the driver or dispatcher upon providing transportation services or logistic services which is subject of negotiation between a driver or dispatcher and the passenger or client within a required trip threshold of the two ample points of bargain.

      2. Percentage of Distribution: The percentage cabconect and a driver or dispatcher is entitled to, for the usage of cabconect platform to provide services to passengers and clients which shall be provided in detailed in Agreement, this is however, subject to review from time to time.

      3. Summary of Trip: the details in a summary form of a trip sent to the passenger and or client at the beginning of every trip and sent to the driver at the end of every trip.

      4. Avoid Abuse on cabconect platform: In order to protect users of cabconect platform from abuses every trip will be recorded, there is also provision for chat in- app.

      5. Users of Cabconect platform: include drivers, passenger and or client also known as customers.

      6. Cabconect E-wallet: Every passenger or customer of cabconect services can create an E-wallet to store money from which he or she can pay directly for the services rendered to him or her by a driver or dispatcher. The advantage of using

      and funding a cabconect E-wallet is that, the money stored in the E-wallet over time will general interest on it.

      
      

2. The Agreement

   1. In order to able to use the Cabconect Services, you must sign up by providing the required information in the signup column on the website and upload the necessary details required of you.

      1. That upon a successful signup into the application, we will provide one who signs in with a personal account accessible only via a username and password. By clicking the "Sign up" button located at the end of the signup application contained on the Cabconect App.

      2. That subject to legal acts, anyone at all is entitled to enter into an agreement with us to use the Cabconect Platform to be provided with Logistic or Transportation Service.

         1. Before you sign into the Cabconect platform be sure you have carefully studied, completely understood and accepted to be bound by the specific terms and conditions governing the contractual relationship between passengers and Cabconect, including all obligations that arise as provided herein in detailed form in the Agreement;

         2. You must ensure that all the information presented to us by you who signs into our App are to the best of your knowledge true, accurate, correct and complete

         1. A Cabconect Passenger’s Account: has to be accurate and the provide the relevant profile information updated at all times as it becomes necessary.

         2. It is herein prohibited to use the Cabconect Services for unauthorized or unlawful purposes or do anything that will bring to disrepute or to impair the proper functioning of the Cabconect Services

   2. Upon submitting the signup application, you will receive an e-mail with additional conditions that must be satisfied to avail you the usage of Cabconect Services.

   
   

3. The Exclusive License To Use The Cabconect App and Cabconect Passenger’s Account.

   
   

   3.1. A person who a sign into our App is hereby granted the exclusive and non- transferable License to use the Cabconect App and the Cabconect passenger’s Account, subject however to compliance with the terms and conditions of Cabconect and Agreement or further agreement.

   
   

   1. It is hereby prohibited for any person in the course of usage of the Cabconect App and or Cabconect passenger’s Account to attempt or to decompile or otherwise attempt to obtain the source code of the Cabconect App, the Cabconect passenger’s Account or other software of Cabconect, modify the Cabconect App or the Cabconect passenger’s Account in any manner or form. It is also hereby prohibited for any user of our App to attempt to use, modify the versions of Cabconect App or Cabconect passenger’s Account, it is also prohibited to transmit or transfer files that contain viruses, corrupted files, or any other programs that may affect in whatever manner or adversely affect the operations of Cabconect Platform.

   2. It is hereby prohibited to attempt to gain unauthorized access to the Cabconect App, Cabconect passenger’s Account or any other Cabconect Services.

      
      

   3. All users of Cabconect services and its platform hereby undertake to allow

      Cabconect exclusive reserve over all copyrights and trademarks, including source code, databases, logos and visual designs owned by the company and protected by copyright, trademark and/or trade secret laws and international treaty provisions. It also specifically herein agreed that usage Cabconect or its services does not confer on one the right to acquire any rights of ownership to any intellectual property Cabconect.

   4. Options for payment of fares: Passenger/client may pay the fare for the Transportation/logistic Services either directly to the driver/dispatcher or via the In-app Payment or any other method of payment as specified herein above. The Fare will be paid by the Passenger/client who has ordered for Transportation or logistic Services even if the service is provided to another person whom the service was requested for on his or her behalf. If Passenger justifiably refuses to pay the Fare on the account that a driver’s/dispatcher’s information stated in the Cabconect App is incorrect, then Cabconect will not held to reimburse for such expenses as the driver/dispatcher will bear same.

4. Damage to a Driver’s vehicle by a Passenger(s) If, in the course of a trip, a Passenger or its co-passengers negligently damages 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 or client to pay compensation for any damages worth the damage. If the Passenger does not consent to compensate the damage, the driver/dispatcher shall notify us by way of a petition and we will then try to collect compensation worth the relevant costs on his or her behalf from the Passenger/client. However, bear in mind that Cabconect is not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the

   vehicle caused by Passenger.

5. The authorization to issue invoices for fare. Driver/dispatchers authorize Cabconect to issue an invoice on your behalf to the Passenger/client in order to pay you any Fares entitled to pay. Cabconect has a right to issue an invoice on your behalf to the Passenger in order to compensate you any Fares, contractual penalties or other fees.

6. In-App Payments for Fare

   1. We shall provide an enablement for Passengers/clients to pay for the Transportation/logistic Services fares via cards, carrier billing and other payment methods directly in the Cabconect App (i.e. In-app Payment).

   2. It is unacceptable for a driver/dispatcher to refuse payment by the Passenger via the In-app Payment, or attempt to influence the Passenger/client not to the use the In-app Payment. Refusal to receive In-app Payment without just cause or any evidence of an attempt to discourage the use of In-app Payment by a passenger or client shall be visited with a penalty of 0.70% deduction from your entitlement in the month such an act occurs,

   1. A Passenger/client may choose to Tip you directly, however, it is not allowed to be in the Cabconect App, provided the Tip collected is not a fraudulent, illegal or unlawful purpose other than as a gratuity related to the service rendered by the driver or dispatcher.

   2. It is sacrosanct for driver/dispatcher to confirm before rendering Transportation or logistic Services that the person you are providing the services for is actually right person who requested for same or the person has expressly confirmed he/she allows another person to enjoy a trip or be provided logistic services under the person’s account. If you make a mistake in identifying the person rendered the service, and the In-app Payment is charged to the said person, who has not been provided service or has not approved the provision of such Services to another person then we shall reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us. We shall also be entitled to charge the driver/dispatcher 5% from his or her percentage gained in their next trip as penalty for breach of our terms of contract.

   
   

7. Acceptance Rate and Driver/Dispatcher Call

   In order to guarantee high-quality service and provide additional reassurance to Passengers/customers, a Driver/Dispatcher has acceptance rate which is measured based on the number of rides you have accepted per second, minute, day or per certain time or instance, whereas the driver/dispatcher’s call is measured by ratings giving to you by the customer or passenger/client based on your general treatment of a customer or passenger/client as regards your driving skills, altitude and character which will be rated with stars; rating based on stars could be 2 stars 3 stars, 4 stars, 5 stars depending on the above criteria.

8. Processing and Access To Personal Data.

1. Every passenger shall have his or her personal data processed in accordance

   with the Privacy Policy, available at ……

2. It is herein agreed that Cabconect has access to all personal data and other data provided or generated in connection with your use of our Services. Cabconect undertake to take all lawful and reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Cabconect maintains access and shall continue to access such data even after the Agreement between you and Cabconect is terminated whenever necessary.

3. It is agreed that you shall have access to personal and other data provided by you or generated in connection with your use of the Cabconect Services to the extent that is made available to you under your Cabconect passenger’s Account through Cabconect App. You herein undertake to take all lawful and reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data.

8.4 You are entitled to change any information contained in your personal and other data required to be supplied and uploaded upon application to use Cabconect App, such a change is allowed only upon a notification to us via our email, in-app or through text message which must be given three (3) clear days before such a change.

1. The Relaship Between Cabconect, Drivers/Dispatcher And The Passengers/Clients

   1. It is herein agreed that Cabconect only provides an information system and do not provide Transportation or logistic Services as that is the responsibility of a driver/dispatcher using our services. Ours is to act as marketplace linking those in need of transportation or logistic services with those who provide same, which is

      the Passengers and Drivers; dispatcher and client or customer. It is hereby agreed that you are providing the Transportation or logistic Services independently on the basis of a contract for carriage of passengers and goods or personal effects or commodities of customers.

   2. Every driver/dispatcher using our platform acknowledges that he or she is not under our employment but only using our platform or app to provide services to those in need. And that there is no joint venture or partnership that exists between the driver or dispatcher and us. To be more specific it is agreed that you have no employment relationship with us. You may not act as an employee, agent or our representative nor do any act binding on us or enter into any contract on our behalf. If by stretch of any implication of a mandatory law or regulation in force in your area of operation you are implied to have any employee relationship, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.

   3. It is prohibited to attempt or to transfer your rights and obligations deriving from this specific Terms and conditions between a passenger and Cabconect to any third party. Everything about our relationship with you is personal.

2. Suspension and Termination

   1. The terms and conditions expressly specified in these specific Terms and conditions shall enter into force upon submitting the signup application. Agreements and other terms shall come into force once the specific document or message has been made available to you and you commence or continue to receive Transportation/logistic Services on Cabconect Platform.

   2. You may terminate the Agreement at any time by notifying Cabconect at least 5 (five) days in advance, by way of SMS or message to our email after which your right to use the Cabconect Platform and Cabconect Services shall terminate.

   3. Cabconect may terminate the Agreement at any time and for any reason at

      the sole discretion of us by notifying you at least 5 (five) days in advance to you.

   4. Cabconect is entitled to immediately terminate the Agreement and block your access to the Cabconect Platform without giving any advance notice in case you breach the General Terms or Agreement or this specific terms and conditions, any applicable laws or regulations, disparage Cabconect, or cause harm to Cabconect’s brand, reputation or business as determined by Cabconect in our sole discretion. In the aforementioned cases we may, at our discretion and you are herein prohibited from registering a new passenger’s account.

   5. We shall immediately suspend (block) your access to the Cabconect Platform and to the Cabconect passenger’s Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from you, we shall block you access or remove you once the investigation reveals such suspicions.

   6. We are aiming to provide the highest quality service to all Passengers therefore we are monitoring the activity of passenger on Cabconect Platform. If you fail to meet the minimal service requirements, score, we are entitled to immediately terminate the Agreement without prior notice to you.

3. Amendments

   1. It is herein agreed that Cabconect reserves the right to amend these General Terms anytime by uploading the revised version on its website …. (e.g. via e-mail, Cabconect App or Cabconect Driver Account) whenever, in the reasonable opinion of Cabconect, such amendments are material.

   2. Cabconect is under an obligation to provide at least 10 days advance notice (via e-mail, Cabconect App or Cabconect Driver Account) about the amendments, wherein such amendment affects the rights of Business Users Operating in the Member State, unless:

      1. Cabconect is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the

         advance notice period;

      2. Cabconect may without notice immediately amend the general terms and conditions where it is necessary to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or required to defend the Cabconect.

      3. If you have elected to waive the advance notice period (for instance if you continue to use Cabconect Services after receipt of the notice of amendment); or in the reasonable opinion of Cabconect, amendments are beneficial for the Drivers and do not require technical adjustments from them then you are deemed bound by the terms and condition as if it was the old general terms upon uploading the amended terms.

      12.6. It is herein agreed that if you do not agree to the amendments of the specific Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Cabconect Services or by providing termination notice to Cabconect.

4. Applicable Law and Court Jurisdiction

   The specific Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria. If the respective dispute resulting from Specific Terms or Agreement could not be settled by alternative dispute mechanism (e.g: negotiation, arbitration, mediation and conciliation), then the dispute shall be resolved by any court of competent jurisdiction in the area of operation.

   Immediately notify us of any changes to your contact information.

5. Final Provisions

Any person in use of the Cabconect App, platform or services is bound by the provisions of the General Terms and conditions herein provided.

The specific Terms and conditions shall become enforceable as it relates to any the

person the date and year he or she signs up and submits on the platform.