ZOCTU’s global terms for riders, drivers and service providers.
- Terms & Conditions for Riders
- ZOCTU is a web-based app for ordering for transportation, products and services; it communicates service requests to the products / service providers who have been registered as users / sevice providers of the Zoctu system. The private limited company Zoctu (registry code 80020000536920), founded in the Republic of Uganda, is the holder of rights and service provider of the ZOCTU app in Uganda.
- 1. Using the Zoctu app
- 1.1 The use of the ZOCTU app requires installation of the software and registration of a user account. During the installation of the ZOCTU app, the mobile number of the ZOCTU user is linked to the respective user account and added to the database.
- 1.2 When using the ZOCTU app, the user can choose whether he/she wishes to pay for the services service to service provider by cash or use the ZOCTU credit card or mobile payment.
- 1.3 Any complaints can be sent to our support team via email email@example.com or by calling our support line +256 756 954216 (available on workdays 08.00-17.00 EET).
- 2. ZOCTU credit card and mobile payment conditions (available only in certain countries, please follow instructions on your local application)
- 2.1 The user of the Zoctu app can pay for the transportation service with a credit card payment, which requires the prior activation of the credit card data within the app and acceptance of Zoctu Terms and Conditions.
- 2.2 Mobile payments can be made by a user of the ZOCTU app who has concluded a mobile payment agreement.
- 2.3 When making credit card and mobile payments, the receiver of the payment is ZOCTU, who forwards the received payment to the service provider.
- 2.4 When making credit card and mobile payments, a service fee may be added per each order of service. The named service fee includes payment commission fees, incl. Visa / MasterCard service fees. The amount of the service fee is displayed in the mobile app. In the event that the mobile payment intermediary enacts a fee for the usage of the payment service, which has to be paid by the customers separately, then the named fees are not included in the ZOCTU credit card and mobile payment fee.
- 2.5 The intermediation of credit card payments in the ZOCTU app is carried out through STRIPE pursuant to the following conditions https://www.Stripe.com/home/support/manuals. Terms & Conditions.
- 2.6 ZOCTU shall be responsible for the functioning of credit card payments and offers card owners support in solving problems. The resolution of credit card and mobile payment related disputes also takes place through ZOCTU. The contact for ZOCTU credit card and mobile payment support service is: firstname.lastname@example.org and phone number +256 756 954216 – Inquiries submitted by e-mail shall receive a response within one business day. ZOCTU shall resolve all credit card and mobile payment related complaints and applications within two business days.
- 2.7. When offering credit card and mobile payments, ZOCTU acts as the economic agent of the service providers by intermediating payments made in the ZOCTU app. The obligation of the customer in front of the service provider shall be considered fulfilled as of the moment when the payment order is made for the payment of funds into the ZOCTU bank account. ZOCTU shall not be responsible for the exercise of the customer’s payment order.
- 3. Ordering or cancelling a service
- 3.1 If the ZOCTU app user orders a service and the service provider has confirmed the receipt of service then the service is considered pre-ordered.
- 3.2 Cancelling the use of an ordered service is considered to be the situation where the service provider has notified about the receipt of an order and the ZOCTU app user waives the service after receipt of the notice.
- 3.3 Cancelling the use of an ordered service is also considered to be the situation where the user of the ZOCTU app or people whom the service was ordered for do not appear in the vehicle within 8 minutes as of the time when the driver notified them about the arrival of the vehicle to its destination.
- 3.4 In case of cancelling the service, the ZOCTU app user may have to pay a penalty fee. In the event that the ZOCTU user notifies about the cancelling of service request within 5 minutes as of receiving of the notification concerning the receipt of the order through ZOCTU, the user does not have to pay the penalty fee.
- 3.5 We have the right to revoke the right to use the app if the user has waived the use of service requests on 3 successive instances in one 24 hour period. In that case the app notifies the user about the number of cancellations and after waiving the 3rd time and ZOCTU may cancel the usage rights. ZOCTU usage right can be cancelled for up to six months. After that the user can reactivate his/her user account by contacting the local team via email.
- 4. Use of the ZOCTU app
- 4.1 ZOCTU is a mobile app enabling the persons requiring a service to find a suitable service provider by sharing data on their geographic location.
- 4.2 The use of the ZOCTU app is based on a non-exclusive licence issued by ZOCTU. The licence agreement is valid for a non-limited period and is free of charge for the customer. In case of any faults in the software, we shall 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 unlimited faultless functioning of the app at all times. We shall also accept no liability for any losses incurred as a consequence of the ZOCTU app not functioning or not being usable in the desired manner. In the event that the customer’s right to use the app is cancelled, the corresponding non-exclusive licence shall also be repealed.
- 4.3 As the ZOCTU app is a means of communication between customers and service providers, ZOCTU cannot influence or take any responsibility for the quality or defects of the service. For this reason, we are unable to guarantee consistently accurate and faultless provision of services located via ZOCTU. For resolving complaints please contact our support team (referred to in clause 1.3).
- 4.4 The ZOCTU app does not constitute an offer or brokerage of services for customers. The ZOCTU app is not a means for organising the provision of services. It is also not an agency service for finding customers for service providers.
- 4.5 The consumer’s right of refund (withdrawal) is not applied to ZOCTU app orders.
- 5. By registering an account with ZOCTU, a customer shall accept the following conditions
- 5.3 ZOCTU shall be entitled to transfer the database of personal data to third parties without prior notification of the app users. In case of a transfer of the business or the database, the rights and conditions arising from this licence agreement shall be transferred as well.
- 5.4 ZOCTU shall be entitled to forward personal data and bank data to credit card and mobile payment intermediaries.
- 5.5 ZOCTU has the right to send marketing messages and authentication codes through SMS messages.
- 6. Good practice of using the ZOCTU app
- 6.1 As ZOCTU is not a provider or broker of the services, we are unable to influence the quality of the services. Any issues with defects or quality of the services shall be resolved in accordance with the rules and regulations of the service provider or the relevant supervisory authority.
- 6.2 Zoctu is committed to contributing to improvement of the quality of services. For this reason, we ask you to fill out a feedback form and rate service providers in the ZOCTU app. This enables us to offer suggestions to the service providers for improving the quality of their service.
- 6.3 We expect that the users of the ZOCTU app to use the app in good faith and are respectful of the service providers who offer their services through ZOCTU.
- 6.4 ZOCTU shall make every effort to ensure that only service provider who have integrity and are respectful of their profession and customers use the ZOCTU app. However, we are in no position to guarantee that every provider of services, located via the ZOCTU app, satisfies the aforementioned criteria at all times. If you experience objectionable service, please notify the company responsible for the service, a supervisory authority or our support team (referred to in clause 1.3).
- 7. Free rides referral campaign
- 7.1 ZOCTUmay, from time to time, reward riders with discount codes for every new unique rider they invite to use the app.
- 7.2 The reward code may only be valid if the new rider uses ZOCTU’s mobile payments for the first ride.
- 7.3 ZOCTUhas the right to void any discount codes and block rider accounts if it suspects any fraudulent activities and charge the rider for the damages caused.
Processing of personal data
The users of the Zoctu app grant their consent for the processing of personal data during the installation of the Zoctu app.
Your personal data is collected and processed by the company Zoctu . Zoctu only collects and processes the personal data submitted by the users in the course of installation and use of the Zoctu app. A user’s disclosure of geographical location data is a precondition for using the Zoctu app.
1. What type of personal data we collect and process
- Name, telephone number, e-mail address, feedback ratings and payment information of the app user;
- Geographical location of the user, the time of provision of service and the destination;
- Identification data of the device on which the Zoctu app has been installed;
- Cookies of the Zoctu.com website save the website user’s telephone number and geographic location data.
2. The purpose of collecting and the period of processing of personal data
- We collect and process personal data for the purpose of matching up an user with a driver;
- We forward the data on geographic location and telephone number of the user to the driver to enable to decide whether the user is located nearby;
- We may use the personal data to resolve driver´s service quality issues;
- We use contact details to notify you of updates to the Zoctu app;
- We collect data of the routes taken by the Zoctu app users to analyse the geographic coverage in order to make recommendations to the drivers;
- The personal data collected via the Zoctu app will not be used for identification of persons or their locations, nor for the purpose of behavioural marketing.
- We will hold and process your personal data only for the period your account is activated.
3. The method of collecting personal data
- We collect data on the names, telephone numbers and e-mail addresses of Zoctu app users during the process of the installation;
- We only collect data on the geographic location if the Zoctu app has been activated;
- The collection of geographic location data stops after the Zoctu app is closed in the user’s device.
4. Disclosure of personal data to third parties
- The personal data of users is only disclosed to those drivers who have activated the Zoctu app; in such case, they will see the name, telephone number and geographic location of the user;
- After providing the service, the name of the user will remain visible to the driver for 24 hours. This is necessary for drivers to resolve any issues associated with service provision, e.g., to contact the customer if something was left behind in the car;
- The feedback on the quality of the service is anonymous and drivers do not receive information on the names and telephone numbers of the users who provided feedback;
5. Security and deletion of data
- Any personal data collected in the course of providing the Zoctu service is transferred to and stored in the data centres located on the territory of Germany. Only authorised employees of Zoctu and local service providers have access to the personal data and they may access the data only for the purpose of resolving issues associated with the use of the Zoctu app (including disputes with the drivers);
- If you would like to delete the personal data collected by us, you can do so by submitting a written request to our customer support via info@Zoctu.com. After receiving the request we will delete the account and any personal data associated with the account if there are no any outstanding payments. After the deletion the personal data will be anonymized and used for analytics only;
- Please note that the deinstallation of Zoctu app in your device does not cause the deletion of your personal data. If you want to delete your personal data collected by Zoctu, please send a written request by email as indicated above. You should also bear in mind that the request to delete personal data is possible only if we delete your account. As a result of that you will not be able to use Zoctu services under your existing account.
- If you presume that we (or any other Zoctu entity processing your personal data) carry such processing in contradiction with your personal rights or in contradiction with the law, in particular if the personal data is inaccurate, you may:
- a) ask us (and/or any other Zoctu entity processing your personal data) for an explanation;
- b) require us (and/or any other Zoctu entity processing your personal data) to remedy the arisen state of affairs (in particular by blocking, correction or supplementing of personal data);
- c) appeal directly to the respective data protection authority having the jurisdiction over your personal data.
6. Direct marketing
- We only use your e-mail address and phone number for sharing our product related marketing messages if you have given a respective consent on the Zoctu.com website or in the Zoctu app. If you no longer wish to receive direct marketing messages, please click the “Unsubscribe from direct marketing messages” link in the header of our e-mail or Profile section of Zoctu mobile App.
7. Personal data of taxi drivers
- We only collect and process personal data of drivers to the extent necessary for verifying the driver’s qualifications for pursuing this professional activity and safeguarding the contractual relations associated with the Zoctu app service. The personal data of drivers may be handed over to the entities listed at http://Zoctu.com.
- Using the Zoctu app with dispatch feature, a service operator can see the geographic location of a driver, information on dispatches and the times of using the service. If a driver would like for his or her geographic location not to be visible to the dispatch operator, he or she can disable the app by tapping the “Quit” button.
- General Terms for Drivers
General Terms for Drivers
These General Terms set forth the main terms and conditions applying to and governing the agreement between you (hereinafter referred to as "you" or "Driver") and Zoctu regarding usage of the Zoctu Driver’s App for the purpose of providing Transportation Services.
In order to provide Transportation Services via using the Zoctu App you must agree to the terms and conditions that are set forth below.
1.1. Zoctu (also referred to as "we", "our" or "us") – a private limited company incorporated and registered under the laws of Republic of Uganda with registration code 80020000536920, registered office Plot 31 Ntinda Road 1st Floor, Ntinda complex, Ntinda, Kampala, Republic of Uganda.
1.2. Affiliate – means an entity that is directly or indirectly under the control of Zoctu and who provides certain Zoctu Services in a local state or city. Overview regarding which Affiliate provides Zoctu Services in which specific state or city and their contact details can be accessed at http://Zoctu.com/cities.
1.3. Zoctu Services – services that Zoctu and/or its Affiliates provide you, including provision and maintenance of the Zoctu App and the Zoctu platform, client support, mediation of the payments and communication between you and the Customer or other similar support services as described in these General Terms or the Agreement.
1.4. Zoctu App –In the meaning of these General Terms, Zoctu App refers to the Zoctu Drivers App, which the Drivers use to receive and accept requests and manage Transportation Services.
1.5. Customer – a person requesting Transportation Services by using the Zoctu mobile application.
1.6. Driver or you – the person providing Transportation Services via the Zoctu App. Please note that you may register the account either as a legal or a natural person.
1.7. General Terms – the terms and conditions provided in this document.
1.9. License – your right to use the Zoctu App and the Website in accordance with the Agreement.
1.10. Website – Zoctu’s website located at www.Zoctu.com and www.Zoctuapp.com and any of its subpages, including the Zoctu Driver’s Portal.
1.11. Fare – the fee a Customer is obliged to pay you for provision of the Transportation Services.
1.12. Zoctu Fee – the fee you are obliged to pay to Zoctu for the right to use the Zoctu App. Zoctu Fee consists of a fee per each Customer order you have completed.
1.13. In-app Payment – a payment made by the Customer via the Zoctu App for the Transportation Services. The In-app Payment may be made by using bank/credit card, business, mobile carrier payment or any other electronic payment method enabled by Zoctu.
1.14. Zoctu Driver’s Portal – a portal containing relevant information and documents regarding your usage of the Zoctu App in course of provision of Transportation Services, including accounting documentation. You may access Zoctu Driver’s Portal at http://Zoctu.com by entering your user name and password.
1.15. Transportation Services – the transportation service you are providing to the Customer whose request you have accepted via the Zoctu App.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to using the Zoctu App you must sign up with Zoctu by providing the requested information in the signup application and uploading necessary documentation as required by Zoctu on the Website. Upon successful completion of the signup application Zoctu will provide you with a personal account accessible via the user name and password that you have chosen. By clicking the „Sign up" button located at the end of the signup application, you represent and warrant that:
- 2.1.1. according to law you are entitled to enter into an agreement with Zoctu to use the Zoctu App for providing Transportation Service;
- 2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all you obligations that arise as provided herein;
- 2.1.3. all the information you have presented to Zoctu is accurate, correct and complete;
- 2.1.4. you will not authorize other persons to use your account nor transfer or assign it to any other person;
- 2.1.5. you will not use the Zoctu App for unauthorized or unlawful purposes and impair the proper operation of the Zoctu App;
- 2.1.6. you will not copy or distribute the Zoctu App or other Zoctu content without the prior written permission from Zoctu;
- 2.1.7. you will keep you Zoctu account accurate and profile information updated at all times;
- 2.1.8. at all times you fully comply with all laws and regulations applicable in the state you are providing Transportation Services, including (but not limited to) laws regulating passenger transportation services;
2.2. You are obliged to provide your own bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. Zoctu or its Affiliates are transferring In-app Payment fees to the bank account you have provided. Zoctu and/or its Affiliates are not liable for any incorrect money transactions in case you have provided wrong bank requisites.
2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to provide Transportation Services. These conditions may include providing criminal records, valid driving license, satisfying certain technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions will result in termination of the Agreement and right to use the Zoctu App.
2.4. You agree that in specific cities or countries Zoctu may assign any of its obligations arising from the Agreement to its Affiliate or representative. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of Zoctu Fees, forwarding you the fees due, mediating In-app Payment, licensing the Zoctu App, etc. Details of the local Affiliates and representatives can be accessed here http://Zoctu.com.
2.5. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in your payment details (as accessible on the Driver’s Portal). In such case the indicated legal person is considered to be the provider of Transportation Services and a party to these General Terms as well as any further documents of the Agreement. Regardless of the above, only the specific natural person indicated in the signup process may factually provide the Transportation Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES UNDER ONE ZOCTU ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE AGREEMENT CONDUCTED BY THE DRIVER.
2.6. Registering the account as a fleet company. Upon concluding a separate agreement with Zoctu, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of these General Terms and any other Agreement and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement of the agreement conducted by such employee and/or service provider.
3. YOUR RIGHT TO USE THE ZOCTU APP AND THE WEBSITE
3.1. The Zoctu App. The Zoctu App allows you to receive requests from the Customers interested in using Transportation Services, which you can either accept or ignore at your own choosing. For additional information about the Zoctu App please refer to the Website.
3.2. License to use the Zoctu App and the Website. Zoctu hereby grants you, subject to the provisions of the Agreement, a non-exclusive, non-sublicensable, non-transferable License to use the Zoctu App and the Website according to the terms referred to herein. Regardless of the above and if so agreed separately, Taxi Fleet Companies may sub-license the Zoctu App to the members of its fleet.
3.3. In course of using the Zoctu App and/or the Website you may not:
- 3.3.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Zoctu App and/or the Website;
- 3.3.2. modify the Zoctu App or Website in any manner or form or to use modified versions of the Zoctu App or Website;
- 3.3.3. transmit files that contain viruses, corrupted files, or any other similar Zoctu App or programs that may damage or adversely affect the operation of another person's computer, Zoctu Services, Website, Zoctu App or hardware, or telecommunications equipment;
- 3.3.4. attempt to gain unauthorized access to the Zoctu App, Website or any other Zoctu Services.
- 3.4. In order to use the Zoctu App and Website you are obliged to pay Zoctu or its Affiliates the Zoctu Fee as described in section 5 of these General Terms.
3.5. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Zoctu App and Zoctu is entitled to block and delete your account without a prior notice.
3.6. Using Driver’s forum and other Website content. Zoctu may grant you access to Driver’s forum and other content accessible via the Website. You may not publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content. Zoctu may restrict your access to the forums or Zoctu App, if you infringe the aforementioned obligations.
3.7. Using tags and labels of Zoctu. Additionally, Zoctu and/or its Affiliates may give you tags, labels, stickers or other signs that refer to Zoctu or otherwise indicate that you are using the Zoctu App. Zoctu grants you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating that you are providing Transportation Services via using the Zoctu App. After termination of the Agreement you must immediately remove and discard any signs that refer to Zoctu or its brand.
3.8. All copyrights and trademarks related to Zoctu, including source code, databases, logos and visual designs are owned by Zoctu and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Zoctu App, Website or any other Zoctu Services you do not acquire any rights of ownership to any intellectual property of Zoctu.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. Your Obligations. You hereby guarantee to provide Transportation Services in accordance with the 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 or international laws and regulations as may arise from providing Transportation Services.
4.2. You must, among else, 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. Zoctu reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications as well as their renewals.
4.3. You must abide by the traffic regulations at all times. This means, among else, that you may not operate the Zoctu App while driving and your car must be fully parked while interacting with the Zoctu App.
4.4. You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Customer’s request in the best interest of the Customer. Among else, you (i) must take the route least costly for the Customer, unless the Customer explicitly requests otherwise; (ii) may not make any unauthorised stops; and (iii) may not have any other passengers in the vehicle other than the Customer and the people accompanying the Customer.
4.5. You retain the sole right to determine when and for how long you are providing the Transportation Services. You shall accept, decline or ignore Customer’s Transportation Services requests at your own choosing.
4.6. Costs you incur while providing the Transportation Services. 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, smart device, mobile data plan, 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, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Zoctu App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
4.7. Fares. You are entitled to charge a fare for each instance you have accepted a Customer via the Zoctu App and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific travel as determined by the GPS-based device and the duration of the specific travel. In case you are a licensed taxi service provider, you may determine the Fare based on the taximeter, if you are legally obliged to do so. In such case you must adjust the fare proposed in the Zoctu App to match the actual Fare. Please bear in mind that the default base fare is the recommended fare as presented in the Zoctu App. The default base fare may fluctuate based on the local market situation. You may negotiate a Fare that is lower than the default base fare by sending Zoctu a pertinent request. All such requests shall be considered in good faith. Additionally, you shall always have the right to charge the Customer less than the Fare indicated by the Zoctu App or the taximeter (however, please note that charging the Customer less than the Zoctu App indicates does not decrease the Zoctu Fee).
4.8. Zoctu may adjust your fare for a particular order completed, if we detect a violation (such as taking a longer route or not stopping the fare meter of the Zoctu App after the Transportation Service has been completed) or in case a technical error affecting the final fare is identified. Zoctu may also reduce or cancel the fare in case we have reasonable cause to suggest a fraud or a complaint by the Customer indicates a violation by you. Zoctu will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.
4.9. Customer may pay the fare for the Transportation Service either directly to you or via the In-app Payment as described in section 6 of these General Terms. In case the Customer pays the Fare directly, it is your obligation to collect the Fare. In case the Customer fails or refuses to pay, Zoctu will help you with collecting the Fare due, however Zoctu has no obligation to compensate the Fare.
4.10. Receipts. After each successful provision of Transportation Services, Zoctu shall create a receipt consisting of the route, fare, time and other relevant information of a particular ride. Zoctu might not create and send receipt in case of licensed taxis, depending on the terms agreed in specific state or city. You will be able to access the receipt of each ride from Zoctu Driver’s Portal. Any corrections that you wish to make to fare calculation must be submitted via Fare Review application accessible on the Zoctu App. In case Fare Review has not been submitted, Zoctu and its Affiliates shall have no obligation to recalculate the fare and reimburse you any error in fare.
4.11. Penalties. In case the Customer cancels the request for Transportation Services after 3 minutes or does not show up, Zoctu shall have the right to request a penalty up to 7000 UGX from such Customer. Zoctu shall request such penalty only in case of negligent behaviour from the Customer and shall have the full discretion in deciding whether to collect the penalty or not. In case Zoctu collects the penalty, it will keep Zoctu Fare and the rest of the penalty collected shall be forwarded to you within 14 (fourteen) days as of its collection.
4.12. If, in the course of receiving Transportation Service, a Customer or its co-passengers negligently damage your vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you have the right to request the Customer to pay a penalty of 40,000 UGX and request compensation for any damages exceeding the penalty. If the Customer does not consent to paying the penalty and/or compensating the damage, you must notify the Affiliate or Zoctu (depending on who provides the Zoctu Services in the local region) of the matter at hand. Any such notification must be presented to Zoctu or Affiliate within 24 hours and be accompanied with pictures or other sufficient proof of damages. Zoctu will then try to collect penalty and/or relevant costs on your behalf from the Customer. However, please bear in mind that Zoctu is not taking any liability for direct or indirect damages caused by Customers.
4.13. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (if applicable) (i) acquiring a valid VAT number; (ii) paying income tax, social security tax or any other tax applicable; and (iii) fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of Transportation Services as required by the applicable law. Additionally, it is your obligation to provide Zoctu with all relevant tax information, including (among else) your VAT number. Please note that Zoctu may in its reasonable discretion and based on applicable tax law, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information directly to the applicable governmental tax authorities on your behalf.
4.14. Your authorisation to issue invoices. If you are using the Zoctu account as a business entity, you hereby authorise Zoctu to issue itself an invoice on your behalf in order to compensate you any expenses, referral fees, contractual penalties or other fees that you are due from Zoctu. Upon its issuance, the invoice will be immediately made available to you via the Driver’s Portal.
5. ZOCTU FEES
5.1. In order to use the Zoctu App, you are obliged to pay to Zoctu a fee (i.e. the Zoctu Fee). The Zoctu Fee is paid based on the Fare of each Transportation Service order you have completed. The amount of the Zoctu Fee is made available to you via e-mail, Zoctu App, Driver’s Portal or other pertinent means. Please acknowledge that the Zoctu Fee may change from time to time. Zoctu shall send you a prior notification of each such change.
5.2. You must pay the Zoctu Fee and any other fees due to Zoctu for the previous week at latest by the 3rd day of the following week. Upon delay with payment of the Zoctu Fee, you are obliged to pay a penalty of late payment in the amount of 0,04% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by Zoctu, which are related to debt collection activities.
6. IN-APP PAYMENTS
6.1. Zoctu may enable its Customers a possibility to pay for the Transportation Service via bank card, Business or mobile carrier payment directly in the app (i.e. In-app Payment). You hereby authorise Zoctu to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Fares, applicable taxes or other fees paid by the Customer via In-app Payment. You additionally agree that any payments made by the Customers via the In-app Payment shall be considered the same as payments made directly to you.
6.2. You may not refuse payment by the Customer via the In-app Payment, or influence the Customer against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, Zoctu shall be entitled to charge you a contractual penalty in the amount of 7000 UGX for every refusal and/or block your right to use the Zoctu App in case of repetitive behaviour.
6.3. Zoctu will regularly transfer the amounts collected as In-app Payments, which have been credited to the Zoctu’s bank account in the preceding week, to your bank account by the 4th day of the following week, but in no case later than within one weeks. The Zoctu Fee shall be deducted from your Fare. If you request a review of the In-app Payment, then Zoctu may transfer the amounts collected after it has concluded the review.
6.4. You are entitled to review In-app Payment reports in the Zoctu Driver’s Portal. Zoctu will send weekly In-app Payment & Driver’s account balance to your e-mail. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Zoctu Fee. The reports will be sent weekly.
6.5. Please note that Zoctu is not obliged to pay you the Fare due from the Customer if the In-app Payment failed because Customer’s credit card or mobile payment is cancelled or is unsuccessful for reasons not attributable to Zoctu. In such case we will help you in requesting the Fare due from the Customer, and shall transmit it to you once the Customer has made the requested payment.
6.6. Before rendering Transportation Services, you must verify that the service is being actually provided to the Customer or that the Customer has expressly confirmed that it allows the passenger to ride under its account. If you make a mistake in identifying the Customer, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services, Zoctu shall reimburse the Customer for the Fare. In such case you are not entitled to receive the Fare from Zoctu. Additionally, for every wrongfully applied In-app Payment Zoctu shall be entitled to charge you a contractual penalty up to 10 Comros.
6.7. You hereby warrant that you understand that In-app Payment does not supersede the requirements established by the laws and regulations, e.g. your obligation to provide the Customer with a receipt printed out on the printer.
6.8. You must notify Zoctu of any important circumstances which may affect Zoctu’s obligations to collect and distribute the Fares paid via In-app Payment.
6.9. Please note that Zoctu may set off any Fares paid via In-app Payment against the Zoctu Fees that you are obliged to pay to Zoctu.
7. CUSTOMER SUPPORT
7.1. As one of our services, we may provide you customer support regarding using the Zoctu App. The customer support may be provided either by Zoctu or its Affiliates as listed on the Website (http://Zoctu.com/). Please note that Zoctu has the right to stop providing the customer support services in case you are in delay with any of your payments to Zoctu and/or its Affiliates for more than 5 (five) calendar days.
8. RATINGS AND ACTIVITY
8.1. In order to guarantee high-quality service via the application provided by Zoctu and provide additional reassurance to our Customers, you hereby acknowledge that the Customers 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 Zoctu account and available to Customers when requesting Transportation Services. The Customer is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a particular rating or comment to not be in good faith, we may remove it.
8.2. In addition to the rating, Zoctu measures your level of activity and provides you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service orders.
8.3. You hereby acknowledge that in order to provide reliable services to Customers Zoctu may determine a minimum average rating and a minimum activity score that all Drivers must establish and maintain. If, after a pertinent notification from Zoctu, you do not increase your average rating or activity score above the minimum within the prescribed time period, your Zoctu account will be automatically suspended either for temporarily or permanently. Zoctu may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
9. MARKET OVERVIEWS AND CAMPAIGNS
9.1. Market overviews. Zoctu may send you, via the Zoctu App, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Customer is highest. Please note that such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, Zoctu cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
9.2. Campaigns promising minimum income. Zoctu may also provide campaigns, whereby Zoctu will guarantee a minimum income if you provide Transportation Services within a specified timeframe and shall compensate the gap, if you do not reach such minimum. The specific requirements and conditions will be sent from Zoctu via the Zoctu App, SMS, e-mail or other means. Zoctu has full discretion in deciding if, when and to which Drivers it enables such campaigns. If Zoctu has reasonable cause to suspect any fraudulent activity by you, it may withhold your Fare until the suspicion of fraud has been cleared.
9.3. Campaigns for Customers. Zoctu may also occasionally arrange various campaigns to Customers in order to market the Zoctu applications, whereby the Fare paid by the Customer is reduced. In such case Zoctu will notify you about specific campaign terms and in most cases shall pay you compensation, amounting to the monetary value of the benefit offered to the Customer (i.e. difference between the amount that the you should have received and actually receive due to the marketing campaign). Such compensation shall be paid you concurrently with payment of the Fares. Zoctu may set off the marketing compensation against the Zoctu Fee.
9.4. Zoctu may also carry out other campaigns for Drivers and/or the Customers under the terms accompanying the specific campaign.
10. RELATIONSHIP BETWEEN YOU, ZOCTU AND THE CUSTOMERS
10.1. You hereby acknowledge that by providing Transportation Services to the Customers, you and the Customer are bound by a service contract, to which Zoctu nor its Affiliates are not a party.
10.2. Zoctu and its Affiliates do not control or direct your provision of Transportation Services. You have the sole right to decide when and for how long to utilize the Zoctu App and whether to accept the Customer’s request received via the Zoctu App. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.
10.3. You hereby acknowledge and agree that Zoctu and its Affiliates are merely providers of the Zoctu App and its supporting services and do not provide transportation services. By providing the Zoctu App, Zoctu and its Affiliates act as facilitators of transportation service between you and Customer. Zoctu may also act as your commercial agent by collecting and forwarding the payments made by Customers for the Transportation Services via the In-app Payment.
10.4. You, Zoctu and its Affiliates hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Zoctu or Affiliate. The parties also agree that no joint venture or partnership exists between you and Zoctu or its Affiliates. You may not act as an employee, agent or representative of Zoctu or its Affiliates nor bind them to any contract.
10.5. If due to the implication of mandatory laws or otherwise, you are deemed as an employee of Zoctu or its Affiliate, you hereby agree to indemnify, defend and hold Zoctu and its Affiliates harmless from and against any claims by any person, entity, regulator or governmental authority based on such implied employment relationship.
11. PROCESSING OF PERSONAL DATA
11.1. Processing your personal data. Zoctu collects your personal data such as name, address, telephone number, e-mail address, vehicle information, license plate number and location based information in order to enable the intended functioning of the Zoctu App and provide you and our Customers Zoctu Services. We may also request you to provide your driver’s license and criminal or other necessary records, in order to identify whether you have qualifications for pursuing this professional activity and safeguarding the contractual relations associated with the Zoctu Services. We disclose your personal data to Affiliates and other third parties only for the purposes of providing Zoctu Services.
11.2. You may at all times request to see, update or remove your personal data. However, please note that if you request to remove your personal data, Zoctu may have to terminate your right to provide Transportation Services. After you delete your Zoctu account, Zoctu shall delete your personal data, but not before six (6) months has passed as of deleting your account (in case any contractual issues come forth). Certain personal data may be kept for a longer period of time, if so required by the applicable law.
11.3. Transmitting your geo-location and other information to Customers. In order to provide Zoctu Services, we collect your geo-location information while you are using the Zoctu App. This means that we monitor and track your geo-location and may share your current location via the Zoctu application to the Customers in order to provide them the Zoctu Services. Additionally we will provide Customers your name, vehicle information and license plate number for your identification and safety reasons. If you would like your geo-location data and other aforementioned information not to be available to Customers, you must close the Zoctu App or indicate in the Zoctu App that you are currently not looking to provide Transportation Services.
11.4. Your right to process personal data of Customers. You may not process the personal data of the Customers without the permission of Zoctu. You may not contact any Customer or collect, record, store, grant access, use or cross-use the personal data provided by the Customers or accessible to you via the Zoctu App for any reason other than for the purposes of fulfilling the Transportation Service request.
12.1. The Zoctu App is provided on an "as is" and “as available” basis. Zoctu and its Affiliates do not represent, warrant or guarantee that access to Zoctu App will be uninterrupted or error free. As the usage of Zoctu App for requesting transportation services depends on the behavior of Customers, Zoctu and its Affiliate do not guarantee that your usage of the Zoctu App will result in any Transportation Service requests. Zoctu is not liable for the proper functioning of the Zoctu App and any loss or damage that you may occur as a result.
12.2. To the maximum extent permitted under the applicable law, Zoctu and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Zoctu App, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit or anticipated savings;
- 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.
12.3. For avoidance of doubt Zoctu does not guarantee the submission of requests by the Customers and can in no way be considered as a person acting on behalf or in the name of the Customer. Zoctu will strive to remove unwelcomed users of the Zoctu App. However, Zoctu and/or any of its Affiliates are not liable for the actions or non-actions of the Customers or their co-passengers using the Zoctu App and shall not be liable for any loss or damage that you may incur as a result of actions or non-actions of the Customers or their co-passengers.
12.4. Please note that you are fully liable for breach of the Agreement and/or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Zoctu, Affiliate or any state or other authority.
12.5. You are fully liable and shall indemnify Zoctu for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Zoctu and/or any of its Affiliates or representatives may occur in connection with your breach of the Agreement and/or claim by a third party (including the Customer) directly or indirectly related to provision of Transportation Services. Should any of the Customers present any claims against Zoctu in connection with your provision of Transportation Services, then you shall compensate such damage to Zoctu in full within 7 (seven) days as of your receipt of the respective request from Zoctu.
12.6. You are obliged to comply with all tax obligations you may incur in relation to fulfilling your obligations arising from the Agreement or providing Transportation Services. You shall indemnify Zoctu and/or its Affiliates from all tax liabilities, duties, levies, claims and penalties that it incurs as a result of your failure to comply with your tax obligations (including, but not limited to, failure to pay income tax or social security tax).
12.7. In case Zoctu is entitled to present any claims against you, then you shall compensate Zoctu any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
13. TERM AND TERMINATION
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application located on the Website. Each other document that is part of the Agreement shall enter into force once the specific document has been made available to you and you commence or continue providing the Transportation Services, unless prescribed otherwise in the Agreement.
13.2. You may terminate the Agreement at any time by notifying Zoctu at least 7 (seven) days in advance, after which your right to use the Zoctu App and Zoctu Services shall terminate. The Agreement will also terminate upon the deletion of your Zoctu account.
13.3. Zoctu may terminate the Agreement at any time and for any reason at the sole discretion of Zoctu by notifying you at least 3 (three) days in advance.
13.4. Zoctu is entitled to immediately terminate the Agreement and block your access to Zoctu App without giving any advance notice in case you breach the Agreement, any applicable laws or regulations, disparage Zoctu or its Affiliates, or cause harm to Zoctu or its Affiliates’ brand, reputation or business as determined by Zoctu in its sole discretion. In the aforementioned cases Zoctu may, at its own discretion, prohibit you from registering a new account or take other necessary steps to stop you from providing Transportation Services.
13.5. Zoctu may also immediately block your access to the Zoctu App and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. Zoctu shall only use the right described herein in good faith.
13.6. Zoctu is aiming to provide the highest quality service to all Customers and is monitoring the activity of Drivers in its system. If you fail to meet the minimal service requirements, such as the obligation to possess a certain minimal rating and activity score, Zoctu is entitled to immediately terminate the Agreement without giving any advance notice.
14.1. Zoctu has the sole right to make changes to any of the documents part of the Agreement. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, Zoctu App or Driver’s Portal and you have continued to provide Transportation Services, unless prescribed otherwise in the Agreement.
14.2. In order to amend the General Terms, Zoctu shall post a revised version of it on the Website (http://Zoctu.com/legal/) and give you at least 14 (fourteen) days prior notice. If you continue to use the Zoctu App, you shall be deemed to have accepted the revised conditions.
15. APPLICABLE LAW AND COURT JURISDICTION
15.1. The Agreement shall be governed by, and construed and enforced in accordance with the laws of Republic of Uganda, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
15.2. Any dispute that may arise in connection with this Agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this Agreement could not be settled by the negotiations, then the dispute will be finally solved in Kampala Court Kentmanni court house in Ntinda, Republic of Uganda.
16. CONTACT INFORMATION
16.1. You are obligated to immediately notify Zoctu of any changes of your contact information and guarantee to keep the contact information accurate and up to date.
16.2. The contact information of Zoctu is available at the Website.
17. FINAL PROVISIONS
17.1. If any provision of the Agreement 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. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.
17.2. You may not assign the Agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement.
17.3. Any notice required to be given under this 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 Zoctu’s Driver’s Portal or Zoctu App. Any notice which is sent or dispatched in accordance with this clause 17.3 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 Zoctu’s Driver’s Portal or the Zoctu App, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
Date of entry into force of the General Terms: 01.04.2019.