1. Definitions & Interpretation
In this Agreement, unless the context otherwise requires
- "BUXE," "We," "Us," "Our" refers to BUXE Technologies Limited, a company duly registered under the laws of Nigeria with its registered office at, 2nd floor, 52-54 Isaac John St, Ikeja GRA, Lagos 101233, Lagos, Nigeria.
- "Service" means the technology-based platform, including the mobile application and website, provided by BUXE to connect Users with Driver Partners.
- "User," "You," "Your" refers to any person who registers an account and uses the BUXE Service to engage a Driver Partner
- "Driver Partner" means the independent third-party contractor, vetted by BUXE, who provides chauffeur services by operating the User's Vehicle.
- "User Vehicle" means the personal vehicle owned or legally controlled by the User, which is made available for a Driver Partner to operate.
- "Nigerian Law" includes all statutes, regulations, and directives enacted by the Government of the Federal Republic of Nigeria, including but not limited to the Companies and Allied Matters Act 2020, the Nigerian Data Protection Act 2023, and regulations from bodies like the Federal Road Safety Corps (FRSC).
2. The BUXE Service in Nigeria
2.1. Service Description. BUXE provides a technology-led marketplace that connects you with vetted, professional Driver Partners to operate your personal, insured vehicle on your behalf. We are a staffing service for on-demand personal chauffeurs.
2.2. No Ownership or Employment.
- BUXE does not own, rent, or lease the User Vehicles.
- Driver Partners are independent contractors. They are not employees, agents, or partners of BUXE. BUXE is not responsible for its acts or omissions.
- BUXE is not a transportation carrier, insurer, or auto repair service.
2.3. User Vehicle Requirement. You represent and warrant that the User Vehicle you provide:
- Is legally registered with the appropriate State licensing authority.
- Has a valid, up-to-date Road Worthiness Certificate and Vehicle License.
- Has a valid Third-Party Motor Insurance as a legal minimum, as required by the Motor
Vehicles (Third Party Insurance) Act Cap M26 LFN 2004. It is strongly recommended that you maintain a Comprehensive Insurance policy.
3. Your Responsibilities and Indemnity
3.1. Insurance Obligation.
- You are SOLELY AND FULLY RESPONSIBLE for maintaining a valid motor insurance policy for the User Vehicle that explicitly covers its operation by a third-party professional driver (the Driver Partner) during the entire service period.
- You acknowledge that BUXE does not provide any insurance coverage for your vehicle, its occupants, or its contents. Your reliance must be solely on your personal insurance policy.
- You agree to provide BUXE with proof of valid insurance (Certificate of Insurance) and roadworthiness upon request.
3.2. Indemnity for Insurance Failure. You hereby agree to indemnify, defend, and hold harmless BUXE, its directors, officers, and employees from and against any and al claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from any accident, damage, or loss involving the User Vehicle where your insurance is found to be invalid, inadequate, or non-existent.
3.3. Vehicle Condition & Roadworthiness. You must ensure the User Vehicle is in a safe, roadworthy, and clean condition, with adequate fuel for the journey. The Driver Partner reserves the right to refuse service if the vehicle is deemed unsafe, lacks valid documentation, or is in an unsanitary condition, in line with FRSC standards.
3.4. Valuables and Personal Belongings. You are solely responsible for removing all valuables, including but not limited to money, electronic devices, and important documents, from your vehicle before the service. BUXE AND THE DRIVER PARTNER EXPLICITLY DISCLAIM ANY LIABILITY FOR LOSS, THEFT, OR DAMAGE TO ANY PERSONAL PROPERTY LEFT IN THE VEHICLE.
4. Payment, Fees, and Nigerian Currency
4.1. Fare Structure. All fares for the Service ("Fares") are calculated by the BUXE app based on time, distance and wait time. All Fares are quoted and charged in Nigerian Naira (₦).
4.2. Payment Authorisation. You authorise BUXE to charge your designated payment method (debit/credit card, bank transfer, or wallet) for:
- An estimated fare amount (which may be a pre-authorisation hold) upon booking confirmation.
- The final fare, including any additional charges, upon completion of the service.
4.3. Cancellation Policy.
- You may cancel a booking through the app.
- Cancellations made more than 7 minutes before the scheduled pickup time are free.
- Cancellations made within 7 minutes of the scheduled pickup time will incur a cancellation fee. The specific fee will be clearly communicated within the app at the time of booking.
4.4. Promotions. BUXE may offer promotional discounts or codes. These are subject to their specific terms and can be withdrawn or modified at BUXE's sole discretion.
5. Limitation of Liability and Dispute Resolution
5.1. Acknowledgement of Risk. You expressly acknowledge that road travel in Nigeria carries inherent risks, including poor road conditions, erratic behaviour of other road users, and security concerns. You voluntarily assume all risks associated with the use of the Service.
5.2. Limitation of BUXE's Liability.
- To the fullest extent permitted by Nigerian law, BUXE shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use.
- BUXE's total liability to you for any direct claim shall not exceed the total service fees you paid to BUXE in the three (3) months preceding the incident giving rise to the claim.
5.3. Driver Partner Actions. BUXE is not liable for the actions, negligence, or wilful misconduct of any Driver Partner. In the event of an accident, damage to your vehicle, or a traffic violation by the Driver Partner:
- Your primary recourse is to your own comprehensive insurance provider.
- You may also have a claim directly against the Driver Partner.
- BUXE will provide reasonable assistance, such as providing the Driver Partner's details, but is not obligated to compensate you.
5.4. Governing Law and Dispute Resolution.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
- Amicable Settlement: The parties shall first attempt to settle any dispute arising from this Agreement amicably through BUXE's customer service channels.
- Mediation/Arbitration: If amicable settlement fails, the dispute shall be referred to mediation at the Lagos Multi-Door Courthouse (LMDC) or a similar body. If mediation is unsuccessful, the dispute shall be finally settled by arbitration in Lagos, Nigeria, in accordance with the Arbitration and Conciliation Act Cap A18 LFN 2004.
- Notwithstanding the foregoing, BUXE reserves the right to seek injunctive relief in any court of competent jurisdiction in Nigeria to protect its intellectual property or confidential information
6. Account, Termination, and Data Privacy
6.1. Account Security. You are responsible for maintaining the confidentiality of your login details and for all activities under your account. You must immediately notify BUXE of any unauthorised use of your account.
6.2. Termination.
- You may terminate this Agreement by closing your account.
- BUXE may suspend or terminate your account immediately for: (i) breach of this Agreement; (ii) providing an uninsured or unsafe vehicle; (iii) fraudulent, abusive, or violent behaviour towards any Driver Partner or BUXE staff; or (iv) non-payment of fees.
6.3. Data Privacy. We collect and process your personal data in accordance with the Nigerian Data Protection Act (NDPA) 2023 and our separate Privacy Policy, which is incorporated into these Terms by reference. You consent to the processing of your data for the purpose of providing the Service.
7. General Provisions
7.1. Force Majeure. BUXE shall not be liable for any failure to perform its obligations due to events beyond its reasonable control, including but not limited to war, terrorism, industrial action, government regulations, public health crises, natural disasters, or failure of public networks (e.g., widespread mobile network outages).
7.2. Notices. BUXE may provide notices to you via the app, email, or SMS to the contact information you provided.
7.3. Severability. If any part of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.4. Amendments. BUXE reserves the right to modify this Agreement at any time. We will notify you of material changes. Your continued use of the Service after the effective date of the revised terms constitutes your acceptance of them.
7.5. Contact Us.
For any questions regarding these Terms, please contact our legal department at:
BUXE Technologies Limited.
Email: legal@buxe.ng
Address: 2nd floor, 52-54 Isaac John St, Ikeja GRA, Lagos 101233, Lagos, Nigeria
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