1. Definitions & Interpretation
In this Agreement, unless the context otherwise requires
- "BUXE," "We," "Us," "Our" refers to BUXE Nigeria Limited, a company duly registered in Nigeria.
- "Platform" means the BUXE mobile application, website, and related systems used to facilitate the Service.
- "Driver Partner," "You," "Your" refers to you, the independent contractor providing driving services to Users via the BUXE Platform.
- "User" or "Client" means the individual who engages your services and provides the vehicle.
- "User Vehicle" means the client's personal vehicle you operate to provide the Service. • "Service" means the chauffeur services you provide by operating the User Vehicle.
- "Nigerian Law" includes all applicable statutes and regulations, including those related to taxation, road traffic, and data protection.
2. Independent Contractor Relationship
2.1. Nature of Relationship. You acknowledge and agree that you are an independent contractor in business for yourself. You are not an employee, agent, joint venturer, or partner of BUXE. This Agreement shall not be construed to create any such relationship.
2.2. Your Autonomy and Responsibilities.
- Control: You retain the sole and absolute right to determine when you are available to log into the Platform, the areas in which you operate, and the duration of your engagement on any given day.
- Exclusivity: You are free to provide your services to other companies or clients, provided it does not conflict with your obligations under this Agreement or violate the confidentiality clause.
- Tax Obligations: You are solely responsible for filing all necessary tax returns and paying all income tax, Value Added Tax (VAT), and any other levies as required by the Federal Inland Revenue Service (FIRS) and/or your state revenue service. BUXE will not withhold or remit any taxes on your behalf.
- Pension & Benefits: You are not entitled to any employee benefits from BUXE, including but not limited to pension contributions under the Pension Reform Act, health insurance, paid leave, or severance pay.
2.3. Your Expenses. You are responsible for all costs associated with your business, including but not limited to:
- Your personal mobile device, data plan, and communication costs.
- Transportation to and from your location to the User's vehicle pickup point.
- Any personal protective equipment or uniform items beyond what BUXE may provide initially.
3. Driver Partner Obligations (The "Move Different" Standard)
3.1. Professionalism and Customer Service. You must at all times maintain the highest standards of courtesy, professionalism, and integrity. You agree to be punctual, respectful, and provide a premium service experience that aligns with the BUXE brand.
3.2. Vehicle Operation and Safety.
- You are responsible for safely and lawfully operating the User Vehicle in accordance with the Federal Road Safety Corps (FRSC) regulations and all state traffic laws.
- You must hold a valid Class B (or higher) Nigerian Driver's License and have a clean driving record.
- You must immediately conduct a visual inspection of the User Vehicle at the start of each service. Any pre-existing damage (scratches, dents, interior stains) or mechanical issues must be documented via the BUXE app and brought to the User's attention before commencing the journey.
3.3. Vehicle Operation and Safety.
- You must successfully complete and pass all mandatory background checks, including a background record check from the Nigerian Police Force and a comprehensive driving history verification.
- You must complete all initial and ongoing training modules provided by BUXE, which cover safety protocols, premium customer service, and the use of the Platform.
3.4. Appearance and Conduct.
- You must maintain a clean, neat, and professional appearance as defined in the BUXE Driver Partner Handbook.
- Strictly Prohibited: Smoking, consuming alcohol, or being under the influence of any illegal or impairing substance while logged into the Platform or performing a service. The use of abusive language, harassment, or discriminatory behaviour is grounds for immediate termination.
3.5. Route and Instructions. You must adhere to the User's requested route and destinations as specified in the trip details. You may only deviate from the route for verifiable safety reasons or with the User's explicit consent.
4. Financial Terms
4.1. Service Fees and Commission. For the use of the BUXE Platform and the facilitation of your connection with Users, BUXE will charge a service fee (commission). This fee is a percentage of the total fare for each completed trip, as detailed in your separate rate card or onboarding documents.
4.2. Fare Calculation. All fares are calculated automatically by the BUXE Platform based on time, distance, and wait time. You agree that the fare calculated by the Platform is the final and binding amount for the service.
4.3. Payment Processing.
- Payments for completed services, less the BUXE commission, will be disbursed to your designated Nigerian bank account.
- Disbursements are made on a daily and/or weekly basis. BUXE deducts its commission and any applicable transaction fees before disbursement.
- You are responsible for ensuring your bank account details are accurate and up-to-date in the Platform.
4.4. Cancellations. If a User cancels a trip after you have been dispatched and are en route to the pickup location, you may be eligible for a cancellation fee. The specific conditions and amount of the fee are outlined in the current BUXE fee structure within the app.
5. Indemnification, Liability, and Insurance
5.1. Limitation of BUXE's Liability.
- BUXE acts solely as a technology platform. To the fullest extent permitted by Nigerian law, BUXE shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
- BUXE is not liable for any accidents, injuries, losses, or damages to you, the User, the User Vehicle, or any third party that occurs during the provision of the Service, except where proven to be a direct result of BUXE's gross negligence.
5.2. Insurance.
- User's Insurance: You acknowledge that the primary insurance for any accident or damage to the User Vehicle is the User's own comprehensive motor insurance policy. It is a condition of using the Platform that Users maintain insurance that covers operation by a professional driver.
- Your Insurance: While not a substitute for the User's insurance, you are strongly advised to maintain a Personal Accident Insurance policy and, if applicable, a Personal Liability Insurance policy to cover potential gaps or specific liabilities that may arise from your professional activities.
5.3. Indemnification. You agree to indemnify and hold harmless BUXE, its directors, officers, and employees from and against any and all claims, demands, liabilities, damages, and expenses (including legal fees) arising from (a) your breach of this Agreement, (b) your negligent or wilful misconduct, or (c) your violation of any Nigerian law or regulation.
5.4. Dispute Resolution with Users.
- Any operational disputes with a User (e.g., over damage, route, or payment) must be reported to BUXE via the Platform or dedicated support channel within 24 hours of the incident.
- BUXE will act as a neutral facilitator to review the dispute, which may include analysing app data, GPS logs, and communications. BUXE's decision in mediating a dispute is final and binding.
6. Term and Termination
6.1. Termination by BUXE.
- BUXE reserves the right to suspend or terminate your access to the Platform and this Agreement immediately, without notice, for any serious breach, including but not limited to:
- Violation of traffic laws that endanger public safety.
- Fraudulent activity or misrepresentation.
- Receiving consistently low User ratings below the minimum threshold.
- Abusive, violent, or discriminatory behaviour towards a User or BUXE staff.
- A failed background check or loss of your valid driver's license.
6.2. Voluntary Termination. You may terminate this Agreement at any time by providing seven (7) days written notice via email to drivers@buxe.ng and by permanently deleting the BUXE Driver App from your device.
7. General Provisions
7.1. Confidentiality. You agree not to use or disclose any confidential information of BUXE or its Users, including User identities, trip details, and business operations, during or after the term of this Agreement.
7.2. Data Privacy. Your personal data will be collected and processed in compliance with the Nigerian Data Protection Act (NDPA) 2023 and our Privacy Policy.
7.3. Governing Law and Dispute Resolution. This Agreement is governed by the laws of Nigeria. Any dispute shall first be settled amicably. If this fails, it shall be referred to mediation in Lagos, and if unresolved, to arbitration under the Arbitration and Conciliation Act of Nigeria.
7.4. Entire Agreement. This document, along with the Driver Partner Handbook, constitutes the entire agreement between you and BUXE.
Contact:
For questions regarding these Terms, please contact:
BUXE Technologies Limited - Driver Operations
Email: drivers@buxe.ng
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