Terms and Condition
Terms and Conditions
These terms and conditions constitute the entire Agreement concerning the provision of our Transport service (“Service”) between you and Enviable Transport Services Nig. LTD. Completion of the booking and use of the Service indicates your unconditional acceptance of the terms and conditions set out in this Agreement.
Our terms & conditions are as follows below:
ACCESS TO SERVICES
The passenger (you) enters into a contract with the driver for the provision of transport services via the Enviable Transport app. Depending on the payment options supported for given location of the journey, you can choose whether to pay the driver for the transport service in cash or use Enviable Transport in-App Payment. Payments for Enviable Transport rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. If you wish, you may also choose to pay a Tip to the driver directly.
During the installation of Enviable Transport app, passenger’s mobile number is linked to the respective user account and added to our database. If you are no longer using your mobile number, you must notify us within 7 days so we can regularize your account data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who when using our app then may have access to your data.
PROHIBITED USES AND ACTIVITIES
When installing the App and using the services, you must comply with all applicable laws and regulations in Nigeria as it relates to our services. When installing the App and using the services, you must not:
- decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI portion of the App;
- circumvent any limitations we place on your use of the App or services;
- use or display the App in such a way that allows derivation of information about the services that was not intended to be made available to users;
- circumvent any security features or technological protection measures built into the App;
- automate access to the App or the services, including, without limitation, through the use of bots, scrapers or other similar devices;
- attempt to install the App or access the services after having been banned by us.
DISCLAIMER OF WARRANTIES
We hereby exclude all conditions and warranties regarding the App and the services, whether express or implied, including any condition or warranty of merchantability or fitness for a particular purpose.
Notably, and without limiting the generality of the preceding paragraph, we do not guarantee any particular level of up-time or availability of the services. The services may become unavailable for many reasons, including scheduled and unscheduled maintenance by us.
Our mobile app provides information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services.
Our mobile app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. Our app is used as the means for organizing the provision of transport services.
The consumer’s right of refund is not applied to Enviable Transport app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
The Enviable Transport app is provided on an “as is” and “as available” basis. Enviable Transport Nigeria Limited does not represent, warrant or guarantee that access to Enviable Transport app will be uninterrupted or error free. In case of any, faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
Enviable Transport Nigeria Limited, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Enviable Transport app or relying on, the journey contracted for through the Enviable Transport app, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit;
- loss of business, contracts, contacts, 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.
The financial liability of Enviable Transport Nigeria Limited in connection with breach of the contract will be limited to N20,000 (Twenty Thousand Naira). You will have the right to claim for damages only if Enviable Transport Nigerian Limited has deliberately violated the contract. Enviable Transport Nigerian Limited will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
You agree to fully indemnify and hold Enviable Transport Nigeria Limited, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Enviable Transport app (including the journeys you obtain through your use of the Enviable Transport app).
Enviable Transport Nigeria Limited may immediately end your use of the our app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Enviable Transport Nigeria Limited or the safety of drivers.
- Governing law and jurisdiction
These T&Cs are governed exclusively by the domestic laws of Nigeria, Transportation Laws of different States as it relates to the contract, and other legislations governing transaction in relation to the use of vehicles.
Any litigation arising from or related to these T&Cs or the App or the services shall be submitted to the exclusive jurisdiction of the courts of Nigeria, within our state/City of operation(Abia State).
You may not assign any of your rights arising under these T&Cs without our written consent.
- Status of the Parties
These T&Cs do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture. Nor do they create any fiduciary duties.
- Entire Agreement
These T&Cs (as amended from time to time) constitute the entire agreement between you and us regarding the App and the services. These T&Cs (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the App or the services.
You and us have agreed that these T&Cs and all related documents be drawn up in the English language.