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AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Trotro World Service (hereafter referred to Trotro APP), concerning your access to and use of the either through the site www.Trotro.io, or the Software Application for mobile phone handset (the App) in addition to the “Website”). You agree that by accessing the Site and App, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS and CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND APP AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site and App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site and App after the date such revised Terms are posted.

The information provided on the Site and App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Option 1: The Site and App is intended for users who are at least 15 years old. Persons under the age of 13 are not permitted to register for the Site and App.

Option 2: The Site and App is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site and App. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site and App.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Ghana, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site and App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site and App, you are granted a limited license to access and use the Site and App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site and App, Content and the Marks.

DESCRIPTION OF THE SERVICES

TROTRO APP provides the TROTRO APP software App (application) for internet-enabled portable devices (“Software”) via which users can access and order Trotro services in various locations, subject to availability at the location of the user. All use of the Services is subject to these Terms. The Services are offered without cost to you, except where local law or regulation provides that Trotro ordered via radio dispatch service or via the internet must levy a surcharge. The term “without cost to you” does not in any way affect your obligation to pay the fare for any Trotro transportation services ordered via the Service but refers only to your use of the Service in order to obtain such transportation services. Depending on your location and applicable law and/or regulations, TROTRO APP may also offer you the possibility of paying your Trotro fare electronically via the TROTRO APP -App installed on your Software, using TROTRO APP Payments. Separate terms and conditions, which follow these Terms, apply to TROTRO APP Payment transactions. You acknowledge that TROTRO APP does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third party contractors who are not employed by TROTRO APP or any of its affiliates. Thus, by accepting the provision of services by the Trotro Driver, the Passenger acknowledges that TROTRO APP has no direct association with the Trotro Driver, it just facilitates contact between driver and passenger.

USER REPRESENTATIONS

By using the Site and App, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site and App; (6) you will not access the Site and App through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site and App for any illegal or unauthorized purpose; and (8) your use of the Site and App will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and App (or any portion thereof).

USER REGISTRATION

You are required to register with the Site and App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Users

“User (s)” means any Trotro Driver or Passenger utilizing the service.

The Website

The TROTRO APP Website consists of an online website platform with copyrighted functionality to provide an optimized Trotro request service by use of the Software App.

Through the system, TROTRO APP allows, totally free of charge, the PASSENGERS to sign up and locate the nearest Trotro Drivers to request their services in a more efficient way than the conventional existing methods. The Trotro Driver can register on the Website through the “Trotro Driver” section and provide the necessary documentation. If approved The TROTRO DRIVER will be registered as a “User” and pay a flat fee per completed rides. By using the TROTRO APP Website or Service you agree to the following terms and conditions of service:

1. You promise that all information and details provided by you to us are true, accurate and up-to-date in all respects and at all times.

2. Your use of TROTRO APP grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to TROTRO APP software, applications and website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the TROTRO APP services in accordance with these Terms;

3. You will not use TROTRO APP for any unlawful purpose; in any way that interrupts, damages, impairs or renders TROTRO APP less efficient; to transfer files that contain viruses, Trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise, promote, or conduct research for third party or your own products or services;

1. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation

2. You will comply with all applicable laws

3. You will register payment in full by one of TROTRO APP’s accepted means of payment for any services provided by any TROTRO APP agents connected to you through TROTRO APP

4. You will treat TROTRO APP agents introduced to you through TROTRO APP with respect and not to cause damage to their vehicle

5. You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms

Please note that we are not responsible for the behavior, actions or inactions of transportation providers, which you may use (through TROTRO APP or otherwise). Any contract for the provision of transportation services is between you and the TROTRO APP Agent and not TROTRO APP and we simply provide a platform to facilitate provider and passenger connections/transactions.

PROHIBITED ACTIVITIES

You may not access or use the Site and App for any purpose other than that for which we make the Site and App available. The Site and App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site and App, you agree not to:

Systematically retrieve data or other content from the Site and App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site and App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disable, or otherwise interfere with security-related features of the Site and App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and App and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site and App.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site and App or the networks or services connected to the Site and App.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site and App in order to harass, abuse, or harm another person.
Use the Site and App as part of any effort to compete with us or otherwise use the Site and App and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and App.
Attempt to bypass any measures of the Site and App designed to prevent or restrict access to the Site and App, or any portion of the Site and App.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site and App to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s and App software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site and App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and App.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site and App, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site and App.
Use the Site and App in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site and App may invite you to chat, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site and App, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and App and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site and App, and other users of the Site and App to use your Contributions in any manner contemplated by the Site and App and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and App and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site and App in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and App.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site and App [or making Contributions accessible to the Site and App by linking your account from the Site and App to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site and App. You are solely responsible for your Contributions to the Site and App and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site and App; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site and App to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1. You should have firsthand experience with the person/entity being reviewed

2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language

3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability

4. Your reviews should not contain references to illegal activity

5. You should not be affiliated with competitors if posting negative reviews

6. You should not make any conclusions as to the legality of conduct

7. You may not post any false or misleading statements

8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

If you access the Site and App via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:

1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application

2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application

3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application

4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application

5. Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended

6. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time

7. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application

8. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail

9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site and App:

1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service

2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application

3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application

4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties

5. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application

6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site and App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

1. Providing your Third-Party Account login information through the Site and App

2. Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site and App via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site and App. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site and App. You will have the ability to disable the connection between your account on the Site and App and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site and App. You can deactivate the connection between the Site and App and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site and App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site and App may contain (or you may be sent via the Site and App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and App or any Third-Party Content posted on, available through, or installed from the Site and App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and App or relating to any applications you use or install from the Site and App. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site and App, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and App and any services provided on the Site and App or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE AND APP MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site and App for violations of these Terms of Use

2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities

3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof

4. In our sole discretion and without limitation, notice, or liability, to remove from the Site and App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems

5. Otherwise manage the Site and App in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and App.

REGISTRATION AND USE OF THE SYSTEM

1. When registering, the User agrees to provide accurate information, complete and updated as requested on the Application Form. TROTRO APP are not obliged to verify the accuracy of the information.

2. Only those individuals who are legally entitled to use the service should apply. In various countries different laws may apply.

3. The Trotro Driver agrees that by registering he/she will be scrutinized by TROTRO APP who may refuse or cancel his user account at any time, whether by complaints or by internal policy.

4. TROTRO APP further reserves the right to use all legal means possible and to identify its users, as well as to request, at any time, additional data and documents it considers appropriate in order to verify personal data informed by the user.

5. TROTRO APP is not liable for any loss or liability resulting from the disclosure of the personal password of the Trotro Driver to third parties. You shall be solely responsible for this.

6. The user’s registration may not be transferred in any way to a third party.

General Obligations of the Driver

1. The Driver warrants that he/she is in possession of all governmental licenses and approvals necessary for the transportation of passengers by Trotro. The Driver shall furnish evidence of such licenses and approvals prior to commencing use of the TROTRO APP Software App. A Driver who is an employee of a Trotro company or fleet operator shall ensure that the employer approves the use of the TROTRO APP Software App. Any changes with respect to the Driver’s authorization to provide transportation services or the employer’s approval of the use of the TROTRO APP Software App shall be provided to TROTRO APP in writing immediately upon coming to the attention of the Driver.

2. The Driver shall at all times furnish all personal information correctly and completely and shall keep this information updated at all times.

3. All intellectual property rights to the TROTRO APP Software App shall be retained by TROTRO APP. The Driver may not copy, modify, reverse engineer, disassemble or distribute the TROTRO APP Software App provided to him.

4. The Driver shall keep his/her username and password safe and confidential and shall not disclose them or grant access to the TROTRO APP Software App to any third party. The Driver shall have sole responsible for maintaining the confidentiality and security of the Driver’s TROTRO APP account. The Driver shall bring any unauthorized use by third parties promptly to the attention of TROTRO APP.

5. The Driver agrees to indemnify, defend and hold TROTRO APP, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of the Driver’s account or any negligent or wrongful acts or omissions by the Driver or any third party accessing the my Trotro Service using such Driver’s account and/or (ii) any violation of law or regulation committed by the Driver while using the TROTRO APP Software App or the TROTRO APP Services.

6. The Driver shall inform TROTRO APP completely and promptly in the event that the Driver receives any information that any third party has brought or intends to bring a claim for damages against TROTRO APP resulting from the Driver’s use of the TROTRO APP Software App or the TROTRO APP Services

7. Any personal data of other TROTRO APP Software App users and/or participants in the TROTRO APP Services that is transferred or otherwise made known to the Driver shall be kept confidential by the Driver and shall not be disclosed to third parties, except with the prior written consent of the other participant or as may be required by applicable law or regulation or pursuant to a court order.

Obligation to Accept a Transportation Order

The Driver shall accept available transportation orders from Passengers subject to applicable law or regulation, provided that the TROTRO APP Software App is activated in the Trotro and the Driver’s vehicle is not currently engaged in the transportation of another passenger. However, the Driver shall be under no obligation to accept transportation orders for which a commission fee applies which is higher than the agreed on commission fee.

The Driver shall update the status of his/her Trotro (whether the Trotro is free or engaged) in the activated TROTRO APP Software App at all times, to permit potential Passengers to identify the current status of the Trotro.

User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

CHARGES AND PAYMENT

Users understand and agree that payment must be provided to the Trotro driver regardless of any malfunction of the mobile application.

In particular, when using the in-app payment functionality users accept that there might be circumstances beyond TROTRO APP’s control that might cause a credit card to be rejected, and that, in such circumstances, the user must reach an alternative payment method with the Trotro driver. Any fees which TROTRO APP may charge you for the Usage of the Software App (website), are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your Usage, our decision to terminate your Usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. TROTRO APP reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing. TROTRO APP, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. TROTRO APP may change the fees for our Service or Software as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the service of our website. It is free to generally use the TROTRO APP website and you will not be charged a commission for using the service. Once you have taken a journey with TROTRO APP you won't be able to cancel (since the service has already been provided) and your payment is non-refundable. If you have any complaint in relation to the transportation service provided then that dispute must be taken up with the service provider directly, though you may also lodge a complaint with TROTRO APP, which will be seriously and immediately reviewed for quality control purposes. The quotes for the ride supplied to you through TROTRO APP is an estimate and may vary depending on the actual pickup and drop off stations as well and other unforeseeable factors that materially affect the cost of the journey. In relation to any transportation organized for you through TROTRO APP you also agree to pay additional charges as agreed between you and the TROTRO APP Agent, and/or as set out below:

Fee Payment

The Trotro Driver/Trotro Company agrees that TROTRO APP shall be entitled to deduct from the payment amount (the fare paid by the passenger) a Fee as a percentage of the total fees charged in exchange for the acquisition, handling of the payment claim and the assumption of the credit risk connected to the Receivables for each TROTRO APP Payment fare. TROTRO APP’s claim for payment of the Fee arises at the time the TROTRO APP Payment transportation service begins (i.e., at the time the passenger enters the Trotro) and will be settled in accordance with 1.2.4 below of these Terms. The commission to be paid in accordance with the GTC remains unaffected.

The actual amount of the Fee depends on the TROTRO APP price list in its current version which TROTRO APP provides to its TROTRO APP Business Accounts and which is available at all times upon request.

Injury & Damage

You will be charged at cost for any injury or damage to the TROTRO APP Agent’s person or vehicle, caused by you.

Relationship of the Parties

TROTRO APP and the Trotro Driver/Trotro Company are independent contracting parties and nothing in these Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

Billing for the Service

The Driver shall be charged for the TROTRO APP service. Employee Drivers are obligated to disclose the charges to their employer (Trotro Company).

The charges shall be billed by TROTRO APP at its option on or about the fifteenth (15th) day of the month following the month in which the charges were accrued. The statement of charges shall contain a summary of the following information: number of successful procurements of Passengers, the name of the Driver, the date and the time the fare was accepted by the Driver and any other information which TROTRO APP, at its discretion, may wish to include. Payment shall be made by charging the amount owed to the Driver and collecting such payment from the Driver in accordance with the provisions below. The Driver agrees to reimburse TROTRO APP for any and all surcharges, penalties or fees incurred by TROTRO APP in the event that a pre-authorized debit is declined due to insufficient funds in the Driver’s account.

An invoice detailing the charges shall periodically be sent to the Driver by email.

Personal Data

Any personal data of passengers paying their fares via TROTRO APP Payment that is transferred or otherwise made known to the Trotro Driver/Trotro Company shall be kept confidential by the Trotro Driver/Trotro Company and shall not be disclosed to third parties, except with the prior written consent of the passenger or as may be required by applicable law or regulation or pursuant to a court order.

Evaluations

The Driver agrees that Passengers may evaluate the Driver and the vehicle. TROTRO APP makes no warranties or representation that the evaluations provided by Passengers will be objective or fair.

The Driver acknowledges and agrees that Passenger evaluations may be published on the TROTRO APP Software App as the Driver participates in the TROTRO APP Services and uses the TROTRO APP Software App and that such evaluations shall be accessible to Passengers having ordered transportation services. To the fullest extent permitted by applicable law or regulation, the Driver hereby waives any and all privacy rights that the Driver may have with respect to the publication of Passenger Evaluations.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]. By using the Site and App, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and App is hosted in the Ghana. If you access the Site and App from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Ghana, then through your continued use of the Site and App or Services, you are transferring your data to the Ghana, and you expressly consent to have your data transferred to and processed in the Ghana. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. It is the Driver’s responsibility to assure that the latest version of the TROTRO APP Software App is installed on the Driver’s Terminal Device.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site and App infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site and App infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site and App are covered by the Notification, a representative list of such works on the Site and App; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site and App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND APP OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

ZERO TOLERANCE FOR DRUGS & ALCOHOL

TROTRO APP does not tolerate the use of drugs or alcohol by drivers while using the platform. Anyone that drives on the platform having used drugs or alcohol will have their account deactivated. TROTRO APP may also deactivate the account of a driver who receives several unconfirmed complaints of drug or alcohol use.

COMPLIANCE WITH ROAD RULES

Drivers using the TROTRO APP app must comply with all applicable rules of the road at all times. TROTRO APP may deactivate a driver’s account for activities such as: not maintaining valid vehicle registration or driver’s license; and serious traffic infringements or several traffic infringements that indicate unsafe driving.

SAFE DRIVING

Riders expect drivers using the TROTRO APP app to drive safely at all times. TROTRO APP may deactivate the account of a driver who receives multiple complaints or a single serious complaint of poor, unsafe or distracted driving while using the TROTRO APP app. For example: driving at an unsafe speed; using a mobile phone without a mount; and failure to stop when required, such as at stop signs.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site and App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site and App. We also reserve the right to modify or discontinue all or part of the Site and App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site and App.

We cannot guarantee the Site and App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site and App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site and App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site and App during any downtime or discontinuance of the Site and App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site and App or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and App are governed by and construed in accordance with the laws of the State of Ghana applicable to agreements made and to be entirely performed within the State of Ghana without regard to its conflict of law principles.

CORRECTIONS

There may be information on the Site and App that contains typographical errors, inaccuracies, or omissions that may relate to the Site and App, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site and App at any time, without prior notice.

DISCLAIMER

THE SITE AND APP AND APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND APP SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND APP AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE AND APP’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND APP, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE AND APP. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE AND APP, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND APP AND APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TROTRO APP SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

1. YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES

2. ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF TROTRO APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

TROTRO APP SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TROTRO APP’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH OTHER BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. USER AGREES TO INDEMNIFY AND HOLD HARMLESS TROTRO APP AND ITS REPRESENTATIVES FROM ANY CLAIMS, SUITS, LOSSES, LIABILITIES, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS FOR THE DAMAGE THEY CAUSE. TROTRO APP’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT TROTRO APP HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your Contributions

2. Use of the Site and App and App

3. Breach of these Terms of Use

4. Trotro App’s use of your User Content

5. Any breach of your representations and warranties set forth in these Terms of Use

6. Your violation of the rights of a third party, including but not limited to intellectual property rights

7. Any overt harmful act toward any other user of the Site and App with whom you connected via the Site and App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site and App for the purpose of managing the Site and App, as well as data relating to your use of the Site and App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site and App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site and App, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site and App, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE AND APP. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site and App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site and App. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you ma

Terms & Condition