TERMS AND CONDITIONS
1. About the Website and Mobile App
1.1. Welcome to pickmeup.ng the website for the Ride sharing Company (It is an on demand ride providing for the riders who can request for a ride any time by using the mobile app and we will provide the driver with the vehicle which is legally compliant) which works by Pickmeup mobile App and Website.
1.2. The Website and mobile App are operated by Pickmeup International Company Ltd. Access to and use of the website and Mobile App Services, is provided by Pickmeup. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website and Mobile App this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website and Mobile App, or any of Services, immediately.
1.3. Pickmeup reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Pickmeup updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms, you can continue only if you agree the updated Terms and Conditions. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
1.4 Pickmeup may immediately terminate these Terms or any services with respect to you, or generally ceases offering or deny access to the Services any portion thereof, at any time for any reason.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website and App. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Pickmeup in the user interface.
3. Subscription to use the Services
3.1. In order to access the Services, you must first purchase a subscription through the App or Website for free (the ‘Subscription’)
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including an email address
3.5. You warrant that any information you give to Pickmeup in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the Subscription Period)
3.7. You may not use the Services and may not accept the Terms if:
(a) You are not of legal age to form a binding contract with Pickmeup; or
(b) You are a person barred from receiving the Services under the laws of Nigeria or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
(a) You will use the Services only for purposes that are permitted by:
(i) The Terms; and
(ii) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Pickmeup of any unauthorized use of your password or email address or any breach of security of which you have become aware;
(d) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Pickmeup providing the Services;
(e) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Pickmeup;
(f) You will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website;
(g) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Pickmeup for any illegal or unauthorized use of the Website; and
(h) You acknowledge and agree that any automated use of the website or its Services is prohibited.
5. Copyright and Intellectual Property
5.1. The Website, the Services and all of the related products of Pickmeup are subject to copyright. The material on the Website is protected by copyright under the laws of Nigeria and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Pickmeup or its contributors.
5.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Pickmeup, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) Use the Website pursuant to the Terms;
(b) Copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) Print pages from the Website for your own personal and non-commercial use. Pickmeup does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Pickmeup.
5.3. Pickmeup retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the website will transfer any:
(a) Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
5.4. You may not, without the prior written permission of Pickmeup and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
7. General Disclaimer
7.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Nigerian Consumer Law (or any liability under them) which by law may not be limited or excluded.
7.2. Subject to this clause, and to the extent permitted by law:
(a) All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Pickmeup will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
7.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Pickmeup make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Pickmeup) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
(b) The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) Costs incurred as a result of you using the Website, the Services or any of the products of Pickmeup; and
(d) The Services or operation in respect to links which are provided for your convenience.
8. Limitation of liability
8.1. Pickmeup’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
8.2. You expressly understand and agree that Pickmeup, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9. Termination of Contract
9.1. The Terms will continue to apply until terminated by either you or by Pickmeup as set out below.
9.2. If you want to terminate the Terms, you may do so by:
(a) Not renewing the Subscription prior to the end of the Subscription Period;
(b) Providing Pickmeup with 7 days’ notice of your intention to terminate; and
(c) Closing your accounts for all of the services which you use, where Pickmeup has made this option available to you. Your notice should be sent in writing to Pickmeup via the ‘Contact Us’ link on our homepage.
9.3. Pickmeup may at any time, terminate the Terms with you if:
(a) You do not renew the Corporate Subscription at the end of the Subscription Period;
(b) You have breached any provision of the Terms or intend to breach any provision;
(c) Pickmeup is required to do so by law;
(d) The provision of the Services to you by Pickmeup is in the opinion of Pickmeup, no longer commercially viable.
9.4. Subject to local applicable laws, Pickmeup reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Pickmeup’s name or reputation or violates the rights of those of another party.
9.5. Pickmeup may suspend your account at any time if we found any mismatch or not updated in personal and service (Vehicle) documents which you have provided.
You agree to indemnify Pickmeup, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
11. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (‘;Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties) must:
(a) Within days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a Pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Delta State, Nigeria.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
13. Termination of Mediation
If 3 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Services offered by Pickmeup is intended to be viewed by residents of Nigeria. In the event of any dispute arising out of or in relation to the Website and mobile App, you agree that the exclusive venue for resolving any dispute shall be in the courts of Delta State, Nigeria.
15. Governing Law
The Terms are governed by the laws of Delta State, Nigeria. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Delta State, Nigeria, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Terms and Conditions for the Drivers
When you register as a driver with Pickmeup you are like an independent contractor, not an employee and will not receive any employee benefits. As like an independent contractor you have to use your own vehicle for the services. Your payments will be on the basis of the service (Rides) you have rendered. There are no time and area limits to start the work, it is your choice.
To sign up as a driver you have to provide the requested documents which will be directly verified by a Pickmeup team member. You will be notified when your account gets activated on the Pickmeup platform.
The accurate and updated documents are important for the best and safe services for you and Pickmeup. You have to provide the requested documents for the driver registration/sign up requirement with Pickmeup. It is your responsibility to update the documents after you become a Pickmeup Driver. You may be requested to submit further documents if required. Failure to update or provide requested documents may result to account suspension and deactivation. Please read Account Suspension and Deactivation Policy.
The vehicle you can use for Pickmeup services must have to meet the following requirements:
- It must be a Sedan car or SUV with seating capacity for 5 (4 riders and driver), 4 or 5 doors, good air condition and well maintained car seats, without dent and peel painting (Please see the driver registration field in the Pickmeup website for the list of eligible vehicles).
- The vehicle registration must be up to date.
- The vehicle must be registered as Private or Commercial.
- The vehicle must be a maximum of 13 years old.
- The vehicle must have a current comprehensive business insurance coverage.
- The regular services and maintenance must be up to date and keep the service history (it may be requested as a required document).
- The yearly comprehensive car inspection must be up to date and keep the record. The inspection must be done on your own expense (The record may be requested as a required document).
Our Quality Policy
Pickmeup demands quality service from you and it will affect your rating. You must have to retain an average of 4.5 star rating to provide the quality service. Please read the Account Suspension and Deactivation Policy.
You have to ensure best quality service to the riders by greeting appropriately, friendly conversation, safe driving skill, cooperative, updated knowledge about the routes, punctuality, polite, use proper language, respect, professionalism, etc
Which devices you can use
The app is available only on the mobile phone of iOS and/or Android version. The device you use must be your own, with an active phone service including enough mobile data or pocket Wi-Fi.
You must use the mobile phone and email which has been registered with Pickmeup. You are allowed to change the registered mobile number and email only with Pickmeup verification.
Preparations to go online
The below mentioned requirements have to be fulfilled before you go online:
- When you are ready to accept ride requests, the car must be clean and free of rubbish.
- The driver must be free from alcohol and drug.
- The driver should ease himself properly.
- The driver needs to look neat and well-groomed and wear Trouser and Shirt/T-shirt of any colour (Not allowed to wear short Trousers).
Ride request accepting Policy
You will get the ride request from the nearby rider and the request is shown with a beep sound which will last for 20 seconds. If you are online and ready for the service, you have to accept the ride request within the 20 seconds before the beep sound ends. You can also reject the requested ride if you are not ready for the service and then go offline. Please read the Account Suspension and Deactivation Policy.
You are able to see the rider’s pickup and drop location (if entered by the rider), distance (km) and time (mins) when you get the ride request. After accepting the request, you will be able to see the rider’s name, call or chat with the rider.
You must be ready to move within 60 seconds after you accept the request. You have to follow the app navigation to the pickup location. Rider may cancel the trip at any time and you will get paid if there is a cancellation fee applicable as per the Cancellation Policy.
When you have reached the pickup location you must have to indicate to the rider by sliding the “Arrived” button on the bottom of the Driver app. You have to wait for the rider for a maximum of 10 minutes. You can contact the rider (from the mobile number which you have registered at Pickmeup) if you could not find the rider at the pickup location or chat with the rider using the inbuilt chat messenger. You can cancel the trip if you could not find the rider after 10 minutes. If the rider is at a different address which is close to the given pickup location you have to pick up the rider from there. Please read the Cancellation Policy.
- The driver must have to follow the traffic rules such as; speed limit, respect other road users, etc. You must be the responsible person for any kind of issues or fines incurred for the driving and/or parking.
- While you are on the ride you are able to oversee (on the driver App) the coming left/right turns, so you have to follow the appropriate track to turn left or right.
- Driver must not be allowed to use the mobile phone for any use other than the ride service while on the ride. If you need to attend or make any emergency/urgent call or message, you are allowed to do so with the permission of the rider only after the safe parking. It must be a quick call or text.
- Do not drive on not more or less than the allowed speed limit.
- Be prepared to avoid hard breaking.
- Give preference to the rider’s interest for air conditioning, music etc.
- You have to provide drinking water and/or mint if the riders request for it.
- You have to follow the reasonable request of the rider such as; change the route/destination, to wait for quick shopping, to pickup or drop off rider’s friends from different location, to help for luggage, pram, child seat and wheel chair handling (only from and to the car).
- If any accident happened to the rider/riders while on the ride, the insurance must not cover from Pickmeup business, it will be covered from the driver’s car insurance. Any accidents must be reported to Pickmeup immediately as soon as possible. Please read the Account Suspension and Deactivation Policy. In such cases you will not get paid for that trip.
- If any issue happened between the rider and the driver, the driver is not allowed to share the related videos, photos and voice recordings on any social media or any other media. You can report it to Pickmeup.
Lost property handling Policy
If you found the rider left anything in the car, you must have to inform Pickmeup ASAP with details of the item, trip in which you found it, date/time of that trip and the rider name. We will contact the rider and make a reasonable arrangement for the collection of the property. You must have to notify Pickmeup about the collection.
Trip cancellation Policy
The ride may be cancelled by the driver or the rider. There is an allowed cancellation time of 4 minutes and 59 seconds which is free of cancellation fee. If the rider cancels the trip request on or after 5 minutes, a cancellation fee may be applicable.
A. The reasons/occasion the Driver can cancel the ride;
- If the driver cannot find the rider at the pickup location after the estimated waiting time.
- If the pickup location is a No Parking area.
- If the number of riders are more than the allowed seating capacity. (Allowed maximum of 4 riders)
- If there is any child without a child seat.
- If the rider bring any animals for the ride.
- If the rider carry any dangerous things like explosive, gun, knife and pointed sharp things, gas cylinder etc.
- If the rider provide wrong pickup address.
- If the rider carry more luggage than the capacity of the car.
- If the rider request to cancel the trip.
- If the driver cannot continue the trip due to car break down, or health issue.
B. The reasons/occasion the Rider can cancel the ride;
- If the request is made accidentally by someone else other than the rider.
- If the driver does not arrive at the pickup location within or after the estimated time.
- If there is any child of 2 year old or under to ride without the child seat.
- Change of mind.
- If the rider find that the driver is moving on a wrong way to the pickup location.
- If the car is not suitable for a ride e.g if it is not clean or smelling.
Account Suspension and Deactivation Policy
Some reasons and circumstances will result to the suspension and/or deactivation of your account. There will not be a prior notification of the suspension and deactivation. The restoration of suspended account depends upon the reasons and circumstances.
For any reason the maximum number of suspensions will be limited to two and the third one will be the deactivation without notice. Some of the reasons must result in immediate deactivation of the account. The final decision about suspension and deactivation will be made by Pickmeup.
- If Riders provide repeated negative review about you. The account may be suspended.
- If the number of cancellations of ride percentage is more than 5% in one week, it may result in account suspension.
- Failure to update Vehicle Licence, Insurance, Driver’s Licence and other registration documents may result in account suspension.
- If there is any crime, abuse or police case, it may result to deactivation.
- Failure to provide and/or update the documents may result to account suspension.
- If you change the registered mobile number and email without verification may result to account suspension or deactivation.
- Poor ratings may result to account deactivation.
- Any kind of verbal abuse such as; shouting, yelling, screaming, harassing, offensive language to the riders may result to deactivation.
- Any conversation regarding race, colour, ethnic, politics, religious, sex may result in deactivation.
Any kind of verbal abuse such as; shouting, threatening, yelling, harassing, teasing or being rude to the rider must not be allowed.
Any conversation about race, colour, ethnic, politics, religious, offensive jokes about sexual preference/physical appearance must not be allowed.
The driver must not be allowed any inappropriate physical contact with the rider, direct/indirect physical assault or attack.
Thank you for joining Pickmeup, enjoy your driving experience.