These Terms and Conditions of use ("Agreement") govern your use of the services provided by Etravelcon Limited, including but not limited to the use of our Clozadriva mobile app, Clozadriver and/or Clozaride mobile application, website, and any related services (all of which constitute the Etravelcon Platform, and collectively referred to as the "Services"). By using our Services, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you may not use our Services. The terms and conditions of Service are set forth below
1.1. Etravelcon Limited (also referred to as “Etravelcon” "we", "our" or "us") – Etravelcon is a private limited company incorporated and duly registered under the Laws of the Federal Republic of Nigeria with its registered office at No. 4, Opposite Cedar Trust Hospital, Eneka-Igboetche Road, Off First Market Roundabout, Eneka, Rivers State, Nigeria. Clozadriva, Clozadriver and Clozaride applications are product of Etravelcon Limited. Etravelcon group shall mean (a) companies in which Etravelcon exercises control (for example subsidiaries of Etravelcon). Etravelcon partners shall mean local representatives, affiliates, agents etc appointed by Etravelcon Limited (for example Payment Agent).
1.2. Etravelcon Services – services that Etravelcon provides, including provision and maintenance of the Clozadriva App, Clozadriver App, Clozaride App, In-app Payment, Customer Support, Communication between the Driver and the Passenger across the Etravelcon Platform and other similar services.
1.3.1 Clozadriver or Clozadriva App – a smartphone mobile application for Drivers to receive and accept Transportation Service request for passengers on the “Clozaride app”.
1.3.2 Clozaride App – a smartphone mobile application for Passengers to search, find and request transportation services from Drivers on the “Clozadriva app” or on the “Clozadriver app”.
1.4. Etravelcon Platform – The collection of all the Technological innovation and means used by Etravelcon to connect Passengers with Drivers to help them move around cities more efficiently and keep them informed.
1.5. Passenger or Rider – a person requesting Transportation Services by using the Clozaride app.
1.6. Driver – the person using the Clozadriva app or the Clozadriver app to connect to passenger in order to provide Transportation Services to the passenger at the passenger’s request. Each Driver have a personal Driver Account to use the Etravelcon Platform.
1.7. Agreement – Agreement between Driver, Passenger and Etravelcon regarding the use of Etravelcon platform and services which consists of:
1.8. Fare – The fee a Passenger is obliged to pay Driver for provision of the Transportation Services.
1.9. Etravelcon Fee – The fee that Driver is obliged to pay to Etravelcon for using the Etravelcon Platform.
1.10. Subscription Fee – The fee that Driver pay to Etravelcon from the Clozadriva app or the Clozadriver app, in order to have unrestricted access to be online and accept all possible incoming ride request from passengers within the Etravelcon platform for the period of the subscription validity.
1.11. Pay Per Ride Request – The fee that the Driver pay to Etravelcon from the Clozadriva app or the Clozadriver app, when there is no valid running subscription, in order to accept incoming ride request from passenger.
1.12. Pocket – Pocket, as used within the Clozadriva app or the Clozadriver app, is a place holder for the money deposited into Etravelcon bank account by a Driver for the sole purpose of using the same money to make “subscription fee” payment or “pay per ride request” paymentfrom within the Driver’s account on the Clozadriva app or on the Clozadriver app.
1.13. In-app Payment – – Cards, carrier billing and other payment methods used by the Passenger within the Etravelcon platform to pay for the Transportation Services.
1.14. Transportation Services – This is the transport service a Driver is providing to Passenger whose request Driver has accepted through the Etravelcon platform.
1.15. Clozadriva Account – – This is the account created by a Driver, from the Clozadriva app, in order to use the application to receive and render transportation services to passengers within the Etravelcon platform.
1.16. Clozadriver Account – – This is the account created by a Driver, from the Clozadriver app, in order to use the application to receive and render transportation services to passengers within the Etravelcon platform.
1.17. Clozaride Account – This is the account created by a passenger, from the Clozaride application, in order to use the application to request transportation services from the Drivers within the Etravelcon platform.
1.18. Payment Agent – Etravelcon Service agent responsible for the technical support services for the provision of payment services to facilitate payments and/or invoicing on behalf of Etravelcon. Payment agent may also discuss any complaints and settle any disputes in relation to payments made by Etravelcon.
2.1. Clozaride App (for passengers or riders) and Clozadriva/Clozadriver App (for Drivers) – provides a platform that connects users who require transportation services (“Passenger” or "Rider") with independent third-party transportation providers ("Drivers"). The Company's role is limited to facilitating the connection between Riders and Drivers, and the transportation services are provided by independent Drivers on the Etravelcon platform.
3.1. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are using the Services on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to this Agreement.
4.1. All users of the Clozaride, Clozadriva or the Clozadriver apps are required to create an account before accessing the apps features to request and/or receiver a ride request. During Sign up, the driver’s official name, as used in their Bank Account documentation, is required. The ‘First-Name’ and Surname provided must be as used in their official bank statement. This is necessary to enable direct possible financial transaction between Etravelcon Limited and the Driver using the Clozadriver application. As such, the first-name and surname you provide shall be treated as your Bank Account Name for any official transaction between you and Etravelcon Limited as you use the Clozadriver, Clozadriva and/or the Clozaride application.
4.2. Upon creating an account as a Driver or a Passenger, you have the right to use the services provided within the application in accordance with all applicable laws and regulation within your locality.
4.3. In course of using any of our services, you shall not attempt to gain unauthorized access or obtain the source code of the Clozadriva App, Clozadriver App and/or the Clozaride App, or other software within the Etravelcon platform or modify any of the above Application in any manner or form or to use modified versions of the said Apps nor transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on Etravelcon Platform.
4.4. The right to use granted herein revokes automatically and simultaneously with termination of the Agreement if you contravene the preceeding paragraph 4.2. After termination of the Agreement you must immediately stop using any of the Application provided within the Etravelcon Platform. Etravelcon reserves the right to disable, block and/or delete any user account without any prior notice.
4.5. All copyrights and trademarks, including source code, databases, logos and visual designs are protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Etravelcon Platform or any other Etravelcon Services you do not acquire any rights of ownership to any intellectual propert
5.1. The Driver's Obligations- You hereby guarantee to provide Transportation Services in accordance with the Terms/Agreement as well as laws and regulations applicable in the state where you are providing Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services.
5.2. You must have all licenses (including a valid driver's license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. Etravelcon reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
5.3. You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavor to perform the Passenger's request in the best interest of the Passenger. Amongst which, you (i) must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make any unauthorized stops; (iii) must adhere to any applicable traffic acts and regulations, i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving.
5.4. You retain the sole right to determine where you are providing the Transportation Services, whether it is inter-state or intra-state. You shall accept, decline or ignore Transportation Services requests made by Passengers at your own choosing.
5.5. Costs you incur while providing the Transportation Services are borne by you. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance etc.
5.6. You are entitled to charge a fare for each instance you have accepted a Passenger on the Etravelcon Platform and completed the Transportation Service as requested (i.e. Fare).
5.7. Drivers must treat Riders with respect and provide a safe and comfortable transportation experience.
5.8. Drivers must not discriminate against Riders based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic .
5.9. If, in the course of the provision of the Transportation Services, a Passenger or his/her co-passengers negligently damage the vehicle or its furnishing, you shall have the right to request the Passenger to pay the cost of such damage.
6.1. Riders must provide accurate and complete information when requesting transportation services, including pick-up and drop-off locations.
6.2. Riders must treat Drivers with respect and follow any reasonable requests or instructions provided by the Driver during the ride.
6.3. Riders are responsible for any damage caused to the Driver's vehicle due to their negligence or intentional misconduct.
7.1. The transport fare amount to be paid by the Passenger to the Driver, for any given ride request destination, are negotiated and agreed upon by both the Driver and the Passenger prior to the Driver commencing the Ride to the passenger’s pick-up address.As soon as a driver accepts a ride request, the driver is obligated to call and/or negotiate with the passenger over the phone and then enter the agreed amount into the application the passenger to confirm the amount for record purpose. At the end of the trip, the Passenger pays the agreed amount directly to the driver to complete and terminate the trip.
8.1. Users must not use the Etravelcon platform and Services for any unlawful or unauthorized purposes.
8.2. Users must not interfere with the operation of the Services or disrupt the experience of other users.
8.3. Users must not provide false, misleading, or fraudulent information when using the Services.
9.1. The use of Clozadriver or Clozadriva application requires that the driver have certain minimum amount of money within the Clozadriver or Clozadriva app’s Pocket or a running subscription for the driver to be able to go online in order to have access to potential passengers using the Clozaride app. The minimum amount required to go online as well as the subscription charges depends upon the driver’s vehicle type. With subscription, the driver can accept indefinite number of ride request within the subscription period without any extra charges. Without subsection, online drivers can also receive ride request and then pay a minimum amount of money from their apps pocket account per ride request they accept. The charges per ride request accepted by the driver is not refundable and it applies regardless of whether the ride was completed successfully or cancelled by any of the two parties (Driver or Passenger).
9.1.1. Subscription fee – is the amount paid to subscribe to any of the available subscription packages on Clozadriver or Clozadriva app, as displayed within the app. The amount for each subscription package is subject to change without prior notification or consultation of any kind with the driver/user. The amount for each subscription package is solely determined by Etravelcon Limited, and updated within the apps user interface
9.1.2 Pay per ride request accepted – This is the amount the driver is charged per each ride request they accept when they do not have any active subscription. The amount to be paid varies with vehicle type. The amount to be paid per ride request accepted are subject to change at any point in time without any prior notice to the driver/user. The corresponding amount for each vehicle type are solely determined by Etravelcon Limited.
10.1. The pocket account - On the Clozadriva/Clozadriver application is just a place holder for the money the user of the Etravelcon platform intend to use for either the subscription payment or for the pay per ride request the user accept. This account is not a bank account.
10.2 Funding Your Clozadriva or Clozadriver Pocket – Drivers are required to have credit in their pocket account or have a valid subscription within the Clozadriva or Clozadriver application in order to be online within the Etravelcon platform. The link to fund your pocket is provided within the Clozadriva or Clozadriver app's Subscription tab at the bottom of the main screen respectively. Subscription charges are deducted or charged from your pocket account.
10.3 Pocket Account Balance Withdrawal – The withdrawal of money deposited into your Clozadriva or Clozadriver pocket account is prohibited on day to day bases. Withdrawal of the Pocket balance can only be done whenever the user decides to delete/close the associated account within the Clozadriva or Clozadriver app. At the request of the user, while deleting the account, the withdrawal request is made with the users bank account details confirmed. Processing fee/charges (as determined by Etravelcon) are deducted from the Pocket balance and the remainder (referred to as the withdrawable amount) are paid to the user’s bank account within seventy Two (72) working hours. Any Pocket balance withdrawal request involving a Clozadriva or Clozadriver account with pending or unresolved issues cannot be honored or completed until all pending issues associated with the account are completely resolved. Etravelcon Limited shall not be held liable for any failed transaction arising from any inconsistency or false account information provided by the user
11.1. The Company retains all rights, title, and interest in its intellectual property, including but not limited to the mobile application, website, trademarks, and logos. Users are prohibited from using, copying, or distributing the Company's intellectual property without prior written consent.
12.1. To the extent permitted by law, Etravelcon Limited shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our Services.
In order to guarantee high-quality service and provide additional reassurance to Passengers, you (the Driver) hereby acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Passengers on the Etravelcon platform. The Company reserves the right to moderate or remove ratings and reviews that violate the guidelines or contain inappropriate content.
14.1. You (the Driver and/or the Passenger) hereby acknowledge and agree that we provide an information society service. By providing the Etravelcon Platform and Etravelcon Services, we act as marketplace connecting Passengers with Drivers to help them move around cities and states more efficiently.
14.2. You acknowledge that no employment agreement nor an employment relationship exist or will be established between Etravelcon and urself, either as a Passenger or a Driver. You also acknowledge that no joint venture or partnership exists between us. You are not an employee, agent or representative of Etravelcon and cannot bind any contract on our behalf. If by implication of mandatory laws or otherwise, you shall be deemed an employee or agent of Etravelcon, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
14.3. You may not transfer your rights and obligations deriving from this General Terms or Agreement to any third party.
15.1. The Etravelcon Platform is provided on availability basis. We do not represent, warrant or guarantee that access to Etravelcon Platform will be uninterrupted or error free. As the usage of Etravelcon Platform for requesting and accepting transportation services depends on the behavior of Passengers and Drivers, we do not guarantee that your usage of the Etravelcon Platform will result in any Transportation Service requests and acceptance.
15.2. To the maximum extent permitted under the applicable law, Etravelcon representatives, directors and employees are not liable for any loss or damage that may incur as a result of using the Etravelcon Services, including but not limited to: any direct or indirect property damage or monetary loss, loss of profit or anticipated savings, loss of business, contracts, goodwill, reputation and any loss that may arise from interruption of the business, loss or inaccuracy of data and any other type of loss or damage.
15.3. You shall have the right to claim for damages only if we deliberately violated our own obligation under this General Terms and Condition of use and/or Agreement.
15.4. We shall not be liable for the actions or non-actions of the Driver, Conductor, if any, Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the aforementioned persons.
15.5. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and Laws and Regulations. If a Passenger or Driver presents any claims against us in connection with your request or provision of Transportation Services, then you shall compensate such damage to us in full within 7 (seven) days of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us on any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
16.1. The Company reserves the right to modify or update this Agreement at any time without prior notice. The modified Agreement will be effective upon posting on the Company's website or mobile application. Users are responsible for regularly reviewing the Agreement.
The Company may terminate or suspend a user's access to the Services at any time for any reason, without prior notice. Users may also terminate their use of the Services at any time by deleting their existing account and uninstalling the mobile application or contacting the Company.
This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of [Arbitration Organization] or through the appropriate courts of [Jurisdiction].
19.1. Riders and Drivers are expected to prioritize safety during the transportation process. Riders should ensure they are entering the correct vehicle by confirming the driver's identity together with the vehicle registration details. Likewise, Drivers should verify the identity of the Rider before starting the trip.
19.2. The Company encourages users to report any safety concerns or incidents that occur during or after a trip. The Company will take appropriate actions to address such reports.
20.1. The Company collects and processes personal data in accordance with applicable privacy laws and the Company's Privacy Policy. By using the Services, users consent to the collection, use, and disclosure of their personal data as described in the Privacy Policy (see DATA USE AND PRIVACY POLICY NOTICE ).
20.2. Users are responsible for maintaining the confidentiality of their account credentials and are advised not to share their login information with others.
21.1. Drivers are responsible for maintaining appropriate insurance coverage for their vehicles and complying with all applicable laws and regulations regarding insurance.
22.1. Users are prohibited from engaging in activities that violate any applicable laws, regulations, or this Agreement.
22.2. Prohibited activities include but are not limited to harassment, fraud, unauthorized use of the Services, tampering with the platform's technology, or engaging in any activity that may disrupt the proper functioning of the Services.
23.1. The Services may include links or integrations to third-party services or websites. The Company is not responsible for the content, functionality, or security of these third party services.
24.1. Users agree to comply with all applicable local laws, regulations, and licensing requirements when using the Services. This includes, but is not limited to, compliance with traffic laws, vehicle registration, and insurance requirements.
25.1. The Company may send users notifications, updates, and promotional offers via email, SMS, or push notifications. Users may opt out of receiving such communications by adjusting their account settings or by following the instructions provided in the communication.
25.2. Users agree to receive communications related to their trips, including trip confirmations, driver contact information, and updates regarding the trip status
The Company welcomes feedback, suggestions, or ideas from users regarding the improvement of the Services. Users understand that any feedback or suggestions provided may be used by the Company without any obligation to compensate the user.
You are obliged to immediately notify us of any changes to your contact information and any notice required to be given under the General Terms or Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Etravelcon App or Etravelcon Driver Account. Any notice which is sent or dispatched in accordance with this clause shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Etravelcon App or Etravelcon Driver Account, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail.
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.