TERMS AND CONDITIONS

Last Updated: February 15, 2023

These Terms and Conditions (“Terms”) constitute a legally binding agreement (the “Agreement”) between you and Driver Hub Ltd, a company incorporated in Rwanda under TIN 100100100 (“Driver Hub,” “we,” “us” and/or “our”), governing your access and use of the Driver Hub Application, Website, Content, Products, Services and Technology Platform (collectively, the “Driver Hub Platform” and/or “Services”). By entering into to this Agreement, and/or by accessing and/or by using our Services, you expressly acknowledge that you understand this Agreement and accept all of its Terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS OUR SERVICES. Driver Hub reserves the right to modify any of these Terms, and such modifications shall become effective upon Driver Hub’s posting of such updated Terms at this location. Your continued access or use of our Services after such posting shall constitute your consent to such changes.

1. Services

Our Services constitute a technology platform that enables users (“Users”) to arrange and schedule transportation and/or logistics services with independent Third-Party Providers of such services (“Third-Party Providers”). DRIVER HUB DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES, AND DRIVER HUB IS NOT A TRANSPORTATION CARRIER. Third-Party Providers have sole and complete discretion to offer, accept or reject each request for transportation and/or logistics services. It is up to the User to decide whether or not to accept a service from any Third-Party Provider contacted through the Driver Hub Platform. Each service provided constitute a separate agreement between the Third-Party Providers and Users.

2. License

Subject to your compliance with these Terms, Driver Hub grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download, install and use our mobile application (the “Application”) on your personal device, solely in connection with your use of our Services.

3. Ownership

Driver Hub, alone, shall own all rights to our Services, including all related intellectual property rights. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered). All other trademarks which may appear in our Services are the property of their respective owners. You acknowledge and agree that any ideas, suggestions or feedback (“Submissions”) provided by you to us are non-confidential and shall automatically become the sole property of Driver Hub, without any acknowledgment or compensation to you. Driver Hub shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose.

4. Restrictions

You shall not (1) license, sublicense, sell, lease, transfer, assign, distribute, modify, prepare derivative works based upon, reproduce or otherwise exploit or make available to any third party any part of our Services; (2) reverse engineer, decompile, modify, or adapt any part of our Services (except as may be permitted by applicable law); (3) “frame”, “mirror”, or “link” to any part of our Services; (4) launch any programs or scripts for the purpose of scraping, indexing, surveying, or data mining any part of our Services or unduly burdening or hindering the operation and/or performance of any aspect our Services; (5) attempt to gain unauthorized access to or impair any aspect of our Services or its related systems or networks.

5. User Requirements

Our Services can be used only by individuals who can form legally binding contracts under applicable law. You must be at least 18 years of age to use our Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use our Services and any updates thereto. Driver Hub does not guarantee that our Services, or any portion thereof, will function on any devices. By using our platform, you agree to receive communications from Driver Hub and third parties, including via e-mail, text message and calls. Such communications may include but are not limited to receipts, operational communications, updates, promotions offered by Driver Hub or third-parties.

6. Your Information

Your Information is any information you provide, publish or post to or through our Services (your “Information”). Our collection and use of your Information in connection with our Services is as provided in Driver Hub’s Privacy Policy located on the Platform. You agree and permit Driver Hub to share any information provided by you with third parties in order to facilitate provision of certain value-added services offered by such third parties to you and/or to provide certain value-added services to you by Driver Hub. You agree to grant Driver Hub a non-exclusive, worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

7. Payment

You understand that use of our Services may result in charges to you to you for the services or goods you receive from a Third-Party Provider (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes, including booking and/or processing fees. A cancellation fee may be charged if you elect to cancel your request for services after requesting a ride, or if you fail to show up after requesting a ride. The Charges shall be collected by the Third-Party Provider or Driver Hub at the end of the Ride. Driver Hub shall provide a receipt of the Charges. All Charges are non-refundable. You may choose to pay the Charges by one of the following methods: (1) Cash Payment collected by the Third-Party Provider; (2) Cashless Payment collected by Driver Hub through a payment processor (“Payment Processor”).

8. Disclaimers

YOU ACKNOWLEDGE THAT DRIVER HUB DOES NOT PROVIDE TRANSPORTATION AND/OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION AND/OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY DRIVER HUB. DRIVER HUB DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF OUR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. DRIVER HUB SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS AND USE OF OUR SERVICES. Our Services are provided “as is” and “as available.” All conditions, representations and warranties, whether expressed, implied, statutory, not expressly set out in these Terms, or otherwise, including any implied warranty for a particular purpose and non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, security, or availability of our Services, or any Services or goods requested through the use of our Services, or that our Services will be uninterrupted or error-free. We are not responsible for the conduct of any Users of our Services or Third-Party Providers. We are not responsible for, personal belongings left in a Third-Party Provider’s vehicle.

9. Liabilities

DRIVER HUB SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OR NON-USE OF OUR SERVICES, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF DRIVER HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRIVER HUB SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (1) YOUR USE OF OR RELIANCE ON OUR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (2) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. OUR SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION AND/OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT DRIVER HUB HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION AND/OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. IF APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY, THE SCOPE AND DURATION OF SUCH EXCLUSIONS AND THE EXTENT OF THE LIABILITY OF DRIVER HUB SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

10. Indemnities

You agree to indemnify, defend, and hold Driver Hub and our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, harmless from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (1) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (2) your violation of the rights of any third party, including Third-Party Providers; (3) your use of our Services or services obtained through your use of our Services.

11. Notice

Any notices to you may be provided to you by means of a general notice on our Services, or by electronic mail to your registered email address, or by text message to your registered mobile number, or by written communication sent to your registered address. Except as explicitly stated otherwise, any notices to Driver Hub shall be sent by official email: executive@driver.rw.

12. Applicable Law and Dispute Resolution

These Terms shall be governed in accordance with the laws of Rwanda, without regard to the choice or conflicts of law provisions of any jurisdiction. Any dispute, claim or controversy arising out of or relating to our Services or these Terms (any “Dispute”) the parties shall attempt to settle amicably, through mediation at the Driver Hub offices. If such Dispute has not been settled within thirty (30) days after a request for mediation has been submitted, such Dispute shall be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the Kigali International Arbitration Centre (‘KIAC’). The dispute shall be resolved by a sole arbitrator appointed by the mutual agreement of the parties. The place of arbitration shall be Kigali, Rwanda. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The fees of the arbitrator shall be borne equally by the parties. The existence and content of the mediation and arbitration proceedings shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts of Rwanda.

13. Termination of Service

This Agreement may be terminated: a. By Users at any time for any reason upon ceasing to use our Services. b. By Driver Hub at any time for any reason. Driver Hub may immediately terminate these Terms or our Services with respect to you, or generally cease offering or deny access to our Services or any portion thereof if you: (a) violate or breach any part of these Terms; or (b) in our opinion, misuse our Services. Sections 2-4, 6, 8-14, and such other provisions which are intended to survive the termination, shall survive any termination or expiration of this Agreement. These Terms shall be governed in accordance with the laws of Rwanda, without regard to the choice or conflicts of law provisions of any jurisdiction. Any dispute, claim or controversy arising out of or relating to our Services or these Terms (any “Dispute”) the parties shall attempt to settle amicably, through mediation at the Driver Hub offices. If such Dispute has not been settled within thirty (30) days after a request for mediation has been submitted, such Dispute shall be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the Kigali International Arbitration Centre (‘KIAC’). The dispute shall be resolved by a sole arbitrator appointed by the mutual agreement of the parties. The place of arbitration shall be Kigali, Rwanda. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The fees of the arbitrator shall be borne equally by the parties. The existence and content of the mediation and arbitration proceedings shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts of Rwanda.

14. General

You may not assign or transfer these Terms in whole or in part without Driver Hub’s prior written approval. Driver Hub can assign or transfer these Terms in whole or in part. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. In these Terms, the words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. The English text of these Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a different language, the English text shall prevail. These Terms constitute the entire agreement and understanding between you and Driver Hub with respect to its subject matter hereof and replaces and supersedes all previous agreements and understandings regarding such subject matter.