Terms and Conditions
Last updated on 18th Sept, 2022About us
We are Dryve Financial Technologies, owners of www.dryveafrica.co, and our address is 210A Tulip Road, Lakeside Estates. Ghana (referred to as ‘Provider’, ‘Dryve’, ‘Site’, ‘we’, ‘us’, ‘Company’ and ‘our’).
By using the site, you accept these terms
By using this site, you agree to these Terms of Use. The site’s Privacy Policy and Cookie Policy are incorporated by reference into these Terms of Use. If you access this website and/or use our Services on behalf of another entity or organization, you represent and warrant that you have the full authority to act on behalf of such other entity or organization, to bind that entity or organization to these Terms of Use, and that you agree to these Terms of Use on that entity or organization’s behalf.
If you do not want to be bound by these Terms of Use, please leave this website, and discontinue your use of our website and Services immediately.
Age restriction
Our Site is not directed to children under 18 years. We do not knowingly transact, provide, or offer any service to children under 18 years of age.
We may make changes to our terms
We amend these Terms from time to time by updating them on the Site. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may from time to time change the content of this Site or suspend or discontinue any aspect of this Site, which may include your access to it.
Your obligations and acceptable use
You accept that you are solely responsible for ensuring that your computer system or mobile device meets all relevant technical specification necessary to use this Site.
You must not misuse our system or this Site. You must not hack into, circumvent security, or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, trojans, worms, logic bombs or other material which is or could be malicious or technologically harmful. You must not misuse any forms on the Site and any forms you submit must be a genuine enquiry.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Site. You must not use any scraping technology on the Site. Any such use or attempted use of an automated program shall be a misuse of our system and this Site. Obtaining access to any part of our system or this Site by means of any such automated programs is strictly unauthorised.
You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
Registration and establishing an account
Should Dryvers/Partners wish to use all services available to them on the Site, they must register with the Site. Dryve does not authorise anyone to register with the Site unless they are able to enter legally binding contracts. As a result of successfully completing the registration process, the Dryver/Partner obtains a user account for the Site (an “Account”).
To obtain an Account, the Dryver/Partner must follow all the instructions given by Dryve during the registration process. A Dryver/Partner can sign up for an Account using a full name, personal email address, phone number or alternatively can sign up using the email address and name used for those third-party authentication providers compatible with Dryve registration.
The Account includes amongst other things:
- a dedicated page, known as “My profile”, page.
- the ability to request for vehicle or add a fleet to vehicle.
- the ability to make and view payments; and
- the ability to link third-party authentication providers’ account. By logging in or linking an Account with such third-party authentication providers, the Dryver/Partner agrees to transfer their email address and name used by such third party authentication providers.
Guests/Hosts can deactivate their Account at any time. You understand and accept that even if you deactivate your Account data could be retained by Dryve. You also understand and accept that data relating to your transactions with Dryve could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from Dryve’s sites or systems. For further information about your privacy rights (such as deletion or access), please see our Privacy Policy.
Dryve also uses Google Analytics to gather statistics on Site usage. There are more details in the Privacy Policy and in Google’s own privacy policy. Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube. You understand and accept that Dryve has no control over Google’s data collection.
Interactive services and content
When you fill out a form on our Site, your personal data will be processed in accordance with our Privacy Policy.
All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use any such content for any purpose, subject to the terms of our Privacy Policy. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches that third parties’ legal rights. The views expressed by users on our Site do not represent our views or values.
All content that you upload to our Site must be accurate (where you state facts); be genuinely held (where you state opinions); and comply with the laws of Ghana.
Your content must not contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or contain any material which does or could potentially infringe the intellectual property rights of a third party.
Where we believe a breach has occurred, we may take such action as we deem appropriate. This action may include the immediate, temporary or permanent withdrawal of your right to use our Site; immediate, temporary or permanent removal of any posting or material uploaded by you to our Site; further legal action against you; and disclosure of such information to law enforcement or authorities as we reasonably feel necessary.
Rights and obligations of Dryve
Dryve will endeavour to reproduce accurately on the Site any details of vehicles. However, users acknowledges that deviations from original photos can occur when scanning non-digital images, due to individual screen settings and that Dryve shall have no responsibility or liability for any such deviation.
Further, you also acknowledge that Dryve (to the extent permitted by law) is responsible for the accuracy with which the photos and descriptions depict the relevant vehicle.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user's purported identity.
You agree to
- Keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorised users of your accounts
- Instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person
- Notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorised person, and
- Notify us immediately if you are contacted by anyone requesting your online ID and password.
Further, if we suspect any unauthorised access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed and that Dryve will have no liability to you in any such event.
Dryve is responsible for establishing the nature, condition, or existence of vehicles as shown on the site.
Dryve may where necessary (including to prevent fraudulent behaviour of a third party and in the event of a complaint, claim or potential litigation) disclose a proportionate portion of user`s personal information to any relevant Third Party who has requested such information in formal writing via his legal representative, a competent authority, or through a court order, subpoena, or warrant.
If you are a business user, we exclude all implied conditions, warranties, representations, or other terms that may apply to our Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
We will not be liable for:
- loss of profits, sales, business, or revenue.
- business interruption.
- loss of anticipated savings.
- loss of business opportunity, goodwill, or reputation; or
- any indirect or consequential loss or damage.
Intellectual property
The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files, links and other materials published on it) belong to us or our licensor(s). All rights are reserved.
You may download material from this Site for the sole purpose of using this Site where we provide an option for you to do so. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
Prohibited activities
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Site:
- In any way that violates any applicable Ghanaian law or international law (including without limitation, any laws regarding the export of data or software to and from Ghana or other countries)
- To exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any ‘junk mail’, ‘chain letter’ or ‘spam’ or any other similar solicitation.
- To impersonate or attempt to impersonate Dryve, an employee of Dryve, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
You also agree not to:
- Use the website in any manner that could disable, overburden, damage or impair the site or interfere with any other party’s use of the website, including their ability to engage in real time activities through this website.
- Use any manual process to monitor or copy any of the material on this website without prior written consent.
- Use any means to attack, disrupt or interfere with the proper working of this website.
Barring from site
We reserve the right to bar users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion.
Indemnity
You agree to defend, indemnify and hold harmless Dryve, its affiliates, subsidiaries, employees, directors, shareholders, independent contractors, agents, service providers and consultants, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through our Site or your use of or inability to use our website or Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
Severability
If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
Applicable law
These Terms of Use shall be interpreted and governed by the laws currently in force in the Republic of Ghana. Subject to the Dispute Resolution section below, each party hereby agrees to submit to the jurisdiction of the courts of Ghana.
Dispute resolution
We shall make considerable effort to settle all disputes amicably. Any dispute arising out of this Agreement, which cannot be settled amicably, by mutual agreement or negotiation within sixty (60) days shall be referred to an arbitration. The Arbitration shall be governed by the Alternative Dispute Resolution Act 2010, Act 798.
Waivers and assignment
Dryve’s failure to enforce a provision of these Terms of Use is not a waiver of its right to do so later. You may not assign any of your rights under these Terms of Use, and any attempt to do so, will be void. Dryve may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with our website or Services.
How can you contact Dryve?
If you have any questions, comments, feedback or concerns regarding these Terms of Use or our Services generally, please contact us at contact@dryveafrica.co.