TERMS AND CONDITIONS FOR RideShare

1. Subject

Texude, a private limited company registered in Cameroon with Registration number RC/DLA/2020/B/137, has developed a carpooling platform called RideShare, which is accessible on its registered website address at www.RideShare.com and in the form of a mobile and web application. RideShare is a carpooling app designed for the sole purpose of connecting Drivers and Passengers who are going towards the same direction, in order to share both the trip and the associated costs of travel. The terms and conditions provided herein will govern the access to the carpooling platform by all users and the general use of the platform at all times, including before, during and after a journey. Please read them carefully and with caution.

Texude is not a party to any agreement or contractual relations of any kind entered into between the users of its carpooling platform. Let it be known that by registering and becoming a user of RideShare through our web or mobile platforms, the user expressly agrees to have read, understood and accepted these Terms and Conditions (T & C’s) unequivocally.

2. Definitions

“User” any individual who has created an account on RideShare
“RideShare” ridesharing platform developed by Texude Ltd
“Rides” journeys or trips posted by drivers or requested by passengers
“Driver” creates or posts rides
“Passenger” creates or posts rides
“Stopover” drop-off along the journey

3. Registration and creation of an account on RideShare

The Registration and creation of an account on RideShare is permitted for only persons aged 18 years and above. Registration and creation by an individual below 18 years is herein expressly prohibited. However, an individual below 18 years may join a journey booked on RideShare if an eligible registered member who undertakes the journey and remains in continuous transit with the individual below 18 until the end of the trip books the journey. If the individual is a baby, proper sitting arrangements must be made such as the use of car seats. In using, registering or accessing RideShare carpooling platform, you warrant that you are aged 18 years and above.

a. Creation of an account

RideShare enables its users to post, search, and request rides. Users communicate with each other to book a seat or seats only. Available rides can still be viewed on the web app if you are not registered on RideShare. However, you cannot post, request nor book a ride unless you have created an account on RideShare.

To register and create an account on RideShare, you can;

I. Complete all mandatory fields on the RideShare registration form; or
II. Log in via your social media account i.e. Facebook, Twitter or Instagram through the link on RideShare.
It must be understood that registering through the above media will allow RideShare access to your social media account. For more information about how your social media account personal data is being used, read our data privacy policy and the privacy policy of the relevant social media platform.

To register on RideShare, you must have read and accepted these Terms and Conditions and the privacy policy. When creating your RideShare account, regardless of the method chosen, you agree to provide true and accurate information at all times and to update it through your RideShare account or by contacting RideShare customer service throughout the subsistence of your membership with RideShare and the use of the carpooling platform.

In the email registration method, you agree to keep private the password chosen upon creating your RideShare account and not to communicate it to anyone. You agree to inform RideShare immediately if you disclose your password to a third party. You remain responsible for the use of your account by any third party unless you have promptly escalated the disclosure of your password issue to the RideShare team as advised above or there seems to be fraudulent or deceptive use by a third party without your consent.

4. Verification

RideShare has a system for the verification of all information you provide on your RideShare account. This verification process is an act of due diligence on the part of the RideShare team to ensure safety of all RideShare users, maintain transparency and confidence in the RideShare carpooling services and for the detection of fraudulent activities such as misrepresentation. This may take the form of physical verification of house or work place address or car inspections etc.

You recognise and accept that any reference on the RideShare platform to an information being deemed ‘Verified’ only means that a member has successfully passed the verification procedure as at the time conducted by the RideShare team with relation to only that relevant information. RideShare does not guarantee the veracity, reliability or validity of any other information. Please note that all verified information is subject to continuous verification by the RideShare team as at when needed.

5. Use of RideShare Platform and Services

a. Posting Rides

A user of RideShare may create or post rides on the platform by entering information about the intended trip such as date of trip, time of departure, pick-up location, number of seats available and amount payable etc.

Posting rides may indicate that one drop-off or stopover may be made before the final destination. For example, Driver A having a pickup at Buea may indicate that he has three seats available heading to Kribi as his final destination but may accommodate one drop-off at Douala before Kribi. All travel arrangement decisions are exclusive to the driver and RideShare does not make travel decision for or on the behalf of any driver.

You should post a ride if only you have fulfilled the following conditions:

I. You hold a valid driver’s license.
II. You are the driver who will undertake the journey advertised.
III. The vehicle has valid documents.
IV. You are and must remain physically and mentally capable of driving and must be without any contraindications or medical incapacity to drive (i.e. Driving Under Influence).
V. The vehicle which is to be used for the advertised journey is in great and safe condition and generally non-hazardous.
VI. You do not intend to post another advert for the same trip on the same RideShare platform.
VII. All seats offered are in good condition and clear for human occupation without any obstruction or presence of objects, which are likely to cause personal harm to the occupants of vehicle.
VIII. You only advertise the exact number of seats available and not more. Lapping of passengers in trips booked through RideShare is expressly prohibited.
IX. Ultimately, all vehicles to be used during trips/journeys booked through RideShare must be in great working condition and must comply with all the applicable legal provisions and customs required for use of road and road safety in Cameroon.

You, as a creator of a ride on RideShare, acknowledge and recognise that you are and always remain responsible for the content of the ride you post on the RideShare platform. Therefore, you warrant and guarantee as accurate and truthful all information contained in the advert and you agree to undertake the journey under the conditions described in your ride.

Your rides will be posted on the RideShare platform and made visible to other users and non-users of the platforms. RideShare retains the overriding right at its arbitrary discretion albeit with notice to the user not to allow the ride post display on its platform or to delete rides at any time especially when but not limited to;

Where the ride is found not to comply with the terms and conditions of RideShare; or

Where the ride is considered to be damaging to the general image of RideShare; or

Where there has been reasonable complaints against the user who created the ride etc.

You recognise and accept that the criteria taken into consideration when classifying and displaying advert post on the RideShare platform are at the sole discretion of RideShare.

b. Seat bookings

A user of RideShare interested in a ride as a passenger may book a seat by making an online booking request, which may be accepted or not by the driver (i.e. the ride creator). If the driver accepts a booking request, the passenger would need to make an online payment of his/her portion of the travel cost and other related fees payable. Only after receipt of the fees by RideShare and the positive confirmation of the booking request by the driver will the passenger then receive a booking confirmation and drop-off code through his or her RideShare account and by email.

All passengers are advised to make booking requests at least a full 24hrs before travel time. Upon booking confirmation by the driver, RideShare may oblige the passenger/s and the driver with the others phone numbers only with the approval and consent of the relevant persons in order to execute the contract binding one to the other.

6. Review system

RideShare enjoins everyone using its carpooling platform to leave a review about a driver or passenger whichever it is, relating to a trip experience embarked together.

You understand and accept that RideShare reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these T & C’s.

7. Suspend accounts

RideShare reserves the right to suspend your account, limit your access to the services or to terminate these T&C’s in the case where;

1. You have received at least three reviews and
2. The average review you have received is less than or equal to three.

8. Financial Conditions

Access to and registration on the platform as well as searching, viewing and posting rides are free of charge. However, booking of rides on the RideShare platform is charged under the conditions stated below.

a. Cost contribution

The driver retains the sole responsibility of determining the cost contribution of offered rides. However, utilising this platform as a business is expressly and strictly prohibited. Therefore, you as a driver herein agree expressly to limit the cost contribution requested from passengers solely to the actual travel costs. Failure to do so by drivers offering rides will amount to the misuse of the RideShare platform which will render the violating driver or drivers liable to legal action instituted by RideShare legal team. Also, in the event that further issues arise from such misuse of the RideShare platform, RideShare expressly denies liability and the violating driver will bear all potential consequences alone.

When a ride is offered on the RideShare platform, RideShare will suggest an amount it considers reasonable for the ride offered, taking into consideration the nature of the trip and the distance of the trip. The suggested fare is to be taken as a guide and it remains the prerogative of the driver to either increase or reduce the fair to take into account unforeseen cost incurred to embark on that journey (fuel scarcity/ buying fuel from the black market). To avoid likely fare charge abuse, RideShare will take a paternalistic approach to gauge the fares charged as and when it deems necessary.

b. Service fees

In exchange for RideShare service i.e. connecting drivers and passengers, RideShare shall collect service fees per seat calculated based on the cost contribution for every ride booked on RideShare. This service fee may change depending on RideShare business model, number of RideShare users, VAT, and third party partnerships. If the service fee changes, we will notify the users to refer to the Terms and Conditions for updates. The current service fee is 20% of the cost contribution per seat.

c. Rounding

RideShare retains the right to round up or down the service fees and the cost contribution.

d. Methods of payment of the cost contribution to the driver (payment dynamics)

In using the RideShare platform to connect with passengers and vice versa and in furtherance, effecting ride bookings, you as driver offering the ride and the passenger booking the seats on the ride confer on RideShare a collection mandate to collect the cost contribution in your name and on your behalf. Consequently, in offering a ride, RideShare shall collect the whole sum paid by the passengers, service fees inclusive. Thereafter, the cost contributions after RideShare service fees have been deducted shall be deposited into the drivers account after completing the trip. You agree in acceptance that the sums collected by RideShare in the name and on behalf of the drivers gives rise to any entitlement to interest.

You also agree to respond diligently to any request of RideShare administratively or in accordance with a competent court’s authority about the prevention or combatting of money laundering. In addition, you agree to provide on request any evidence needed in combatting any criminal conduct of any kind. Incontrovertible failure to respond to such requests may give rise to RideShare taking such penalizing actions it deems necessary in reaction to such refusal until a response is received in furtherance of the law.

9. Refund and Cancellation Policy

Only trips made by booking are the subject of the cancellation policy. RideShare does not offer any guarantee of any nature in the case of a cancellation for any reason by any passenger or a driver of a trip without booking. The cancellation of a seat on a trip with booking by the driver or the passenger after booking confirmation is subject to the conditions stipulated hereafter:

Scenario 1: When the passenger cancels journey more than 24 hours before departure

Full refund, excluding service fees. For example, if service fees is 20% of travel cost, passenger is refunded 80% of their travel cost.

Scenario 2: When the passenger cancels journey within 24 hours before departure

Refund 50% of booking, excluding service fees, and the remaining percentage goes to the driver for ‘late cancellation’. For example, if service fees is 20%, passenger gets 50% of 80% of their travel cost i.e. 45% of their travel cost.

If passenger books within 24 hours before a ride but cancels within 1 hour after booking, we do a full refund, excluding service fees (similar to 1.a). Else, we refund 50% of booking, excluding service fees and remaining percentage goes to the driver (similar to 2.a)

Scenario 3: What if the driver cancels

We will fully refund booking to passenger, including service fees and deduct an additional service fee from the driver’s next ride.

Scenario 4: When passenger doesn’t show up

We expect driver to report a claim within 1 hour after departure time. We will compensate the driver the passenger’s full contribution, excluding service fees. Since it is harder for drivers to find new passengers to make up for the empty seat.

Scenario 5: When driver doesn’t show up

We expect passenger to report a claim within 1 hour after departure time. We later contact driver to verify claim is accurate, we refund passenger full booking including service fees, and deduct an additional service fee from the driver’s next ride.

If driver disputes claim, we perform further verifications and resolve dispute according to the evidence provided by each party.

Carpooling reserves the right to filter or delete the messages and suspend or terminate the User Account of the Member and the access of the Member to the Site if it appears during the moderation of the messages sent by the Member that s/he does not comply with the Conditions and/or applicable law.

NB: When reporting a claim/issue with your trip, make sure you provide all relevant details to support your claim. Such as email, calls, photos etc

10. Behaviour of users of RideShare platform

a. Undertaking of all users of the platform

You accept to be solely responsible for respecting all the laws, regulations and obligations applicable to the use of the RideShare platform.

Also, when using the platform and during trips, you undertake to,

1. Not use the platform for professional purposes
2. Not to send RideShare or any user of RideShare any false, misleading, malicious or fraudulent information.
3. Not to speak, act or post any content on the platform that is defamatory, injurious, obscene, vulgar, offensive, aggressive, violent, uncalled for, unnecessary, threatening, harassing, racist, inciting violence, discrimination, encouraging activities or the use of illegal substances. Do not post anything that is contrary to the purposes of RideShare platform, which may infringe the rights of RideShare or a third party, or that is contrary to good moral.
4. Not to infringe the rights and image of RideShare, especially its Intellectual Property rights.
5. Not to open more than one account on the platform and not to open an account on the behalf of a third party.
6. Not to try to bypass the online booking system of the platform especially by trying to send another member your contact details in order to make the booking outside of the platform and avoid paying the service fees.
7. Not to get in contact with another member through the platform for a purpose other than to define, accept or negotiate the terms of the intended trip.
8. Not to accept or make payment outside of the platform
9. To comply with our Terms and Conditions and the Privacy Policy.

b. Undertakings of the drivers

Additionally, as a driver you undertake to;

1. Abide by all laws and regulations and codes applicable to driving and the vehicle notably, to hold civil liability insurance valid at the time of the trip and to be in possession of a valid driving license
2. Not to take any substance or product that may impair your attention and your abilities to drive vigilantly, carefully and completely safely.
3. To make the trip as described in your advert, especially with regards to picking up passengers that are not part of the ride, and to respect and abide by the times and places agreed with the other users especially with regards to meeting places and drop-off points.
4. Not to take more passengers than the number of seats indicated in the advert.
5. To use a vehicle in good working condition and which complies with the applicable legal provisions and customs in Cameroon with relevant documents up-to-date.
6. Reassure and oblige RideShare team or any passenger upon making a request, with your driver’s licence, car registration and particulars and such other documents that would demonstrate your capacity to use the vehicle as driver on the platform.
7. In the case of a hold up or an emergency which results in a change to time or the trip, to inform the booked passengers immediately
8. To wait for the passenger at the agreed meeting place for at least an extra 15 minutes after the agree time has elapsed.
9. In the event of a cross border trip, to hold, keep and make available for the passenger/s or any authority that may request any document evidencing your identity and your right to access and cross the border.
10. Not post an advert on the basis of a car that is not owned by the driver and / or is not authorised by the true owner to be used in the manner of carpooling and/ or is not duly registered on the RideShare platform.
11. Permit passengers to contact you through the phone number registered and displayed on your RideShare profile.
12. Not to generate any profit through the RideShare platform
13. Not to have any contraindications or medical or non-medical incapacity to drive
14. To behave appropriately and responsibly during the trip and in compliance with the spirit of carpooling
15. Not to decline any booking based on race, colour, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, pregnancy, special vulnerability, due to their economic situation, name, place of residence, health, personal belief, political opinion, age.

c. Undertakings of the passengers

As a passenger, you undertake to;

1. Behave appropriately, in a civil and respectful manner during the entirety of the trip, notably to prevent distracting the driver and to maintain the peace and quiet all the other passengers shall reasonably expect.
2. Respect the driver’s vehicle and to ensure it is left exactly as it was met.
3. In the case of a hold up or emergency which will lead to a delay to inform the driver immediately.
4. To wait for the driver at the agreed meeting place for at least an extra 15 minutes after the agree time has elapsed.
5. To make readily available to the RideShare team or a driver who so requests, with your identification card or any document that rightly identifies you.
6. Not to bring or carry on a trip any item, goods, substance or anything in general that may hinder the divers concentration or which is illegal according to the relevant and extant laws in Cameroon (e.g. hard drugs such as cocaine).
7. To keep at all times especially when embarking on cross border trips, the necessary valid documents that will rightly identify you and your right of access across the border.
8. To allow and ensure that the driver can contact you through the phone number made available on your RideShare account.
9. Where you, as a registered member of the RideShare platform books for one or more seats on the behalf of third parties, you act as a guarantor for such third parties thereby giving an assurance that the aforementioned third parties will abide by these terms and conditions. RideShare reserves the right to suspend your account, limit your access to the RideShare platform and its services or to terminate these terms and conditions in the event that the third party breaches these terms and conditions.

11. Suspension of accounts, limitation of access and termination

You can terminate your contractual relations with RideShare at any time without accruing any charges and without any reason. To do this simply go to the close my account tab in your profile page.

In the event of a breach by you of these terms and conditions or if RideShare has genuine reason to believe that immediate disciplinary action must be taken in order to protect its security and its integrity, RideShare reserves the right to;
1. Terminate the T and C’s binding you with RideShare immediately and without notice
2. Prevent the posting of or remove any review, advert, message, content, booking request or any material posted by you on the platform and/or
3. Limit your access and your use of the platform and/or
4. Temporarily or permanently suspend your account

Where RideShare finds necessary, you will be notified of the implementation of such measure in order to enable you to give explanations to RideShare. RideShare will discretionally choose whether or not to lift such measures put in place.

12. Personal data

During your use of the RideShare platform, RideShare will collect and process some of your personal data. In the use of the RideShare platform and registering as a member, you recognise, acknowledge and accept the processing of your personal data by RideShare in compliance with the applicable laws and provisions as contained in the privacy policy.

13. Intellectual property

RideShare is the sole holder of all intellectual property rights relating to the service, the virtual app, the platform, its content and databases. You are prohibited from any other use or exploitation of the platform without the prior and written permission of RideShare. You are specifically prohibited from:

a. Reproducing, modifying, adapting, distributing, publicly representing, and disseminating the platform, its services, and the content except with the express consent of RideShare.
b. Decompiling or reverse engineering the RideShare platform and its services
c. Extracting or attempting to extract with data mining robots or other similar data collection tool any data on this platform.

14. Content posted by you on the platform

In order to enjoy and use the RideShare platform and in compliance with the intendment and purpose of this platform, you grant RideShare a non-exclusive licence to use the content and data you provide in the context of your use of the services. This is to enable RideShare distribute the content and data through the digital network and in accordance with any communication protocol and procedure and to provide the content of the platform to the public. You permit RideShare:

1. To reproduce all or part of your content on any digital recording media, especially on a server, hard disk, memory card or any other equivalent media, in any format and by any process, known or as yet unknown towards the purpose of storage operation, backup, transmission or download linked to the operation of the platform and the provisions of the service.
2. To adapt and translate your content and to reproduce these adaptations on any digital media current or future with the aim of providing the services for instance in various languages. This right encompasses modification of your content especially with regards to your moral right in order to respect the graphics charter of the platform towards making it technically compatible with a view to its publication on the RideShare platform.

15. Role of RideShare

The RideShare platform is an online networking platform wherein registered users can create and post rides for the sole purpose of sharing a ride (or carpooling). These ride alerts can be viewed by all other RideShare users and the public to deduce the terms of the trip and where needed, to book an available seat. In using the RideShare platform, you accept and recognise that RideShare is not a party to any agreement entered into between you and any other RideShare user especially concerning sharing the costs relating to a trip. The users of RideShare are not agents or representatives of RideShare in any way.

RideShare has no control over the behaviour of the users of its platform. RideShare does not own, exploit, supply, and manage the vehicles subject to be used for the trip and as indicated on the advert and it does not offer any trips on the platform.

You recognise and accept that RideShare does not control the validity, truthfulness, or legality of the adverts seats and trips offered. As a carpooling intermediary, RideShare does not provide any transport service and does not act in the capacity of carrier. RideShare role is limited to facilitating access to the platform. All members of RideShare act under their sole and full responsibility.

RideShare as a carpooling intermediary cannot and shall not be held liable for the ineffective occurrence of a trip especially owing to;

1. Erroneous information communicated by the driver or the passenger via the advert posting or by any other means about the details of the trip.
2. Cancellation or modification of an already posted trip advert by a user.
3. Non-payment of the cost contribution by a passenger in the context of a trip initiated without booking.
4. The behaviour of its members during, before or after the trip.

16. Operation, availability and functionalities

RideShare shall make all necessary effort to the best of its abilities to ensure that it maintains the platform and keeps it accessible 24 hours a day and 7 days a week. However, access to the platform may be temporarily suspended without notice due to technical maintenance, updating of operations and the apps functionality or migration, outages or constraints linked to the operation of the network.

RideShare reserves the right to modify or suspend all or part access to the platform or its functionalities at its sole discretion temporarily or permanently.

17. Amendment of the Terms and conditions

RideShare may amend these T&C’s in order to adapt to its technological and commercial environment and to be abreast with the legislation in force. Any modification to these terms and conditions will be published on the platform with mention of the date it is effected and a personal user notification when it is amended.

18. Applicable law- Dispute

These T &C’s are written in English language and translated to French language and is subject to Cameroonian law. In the event of a dispute or complaint, the chain of dispute escalation and resolution must first begin with notifying and informing the RideShare team about the complaint for an amicable resolution allowing the team a reasonable time at least a week to resolve the complaint. In the unlikely chance that RideShare team does not resolve the dispute satisfactorily, the dispute shall be addressed and resolved by Arbitration.

19. Legal notices

Texude, a limited company with a share capital of …, publishes the RideShare platform…………. Registered with the corporate affairs commission in Cameroon with registration number RC/DLA/2020/B/137 and its registered office at …………………. Represented by …………….

The RideShare website is hosted on ……………. Servers.

For any enquiries, you can contact RideShare team using this contact form.