These General Terms set forth the main terms and conditions applying to and governing the usage of G-Sam Services.
In order to provide Transportation Services via using the G-Sam Platform you must agree to the terms and conditions that are set forth below.
2.1. Prior to using the G-Sam Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the "Sign up" button located at the end of the signup application, you represent and warrant that: 2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the G-Sam Platform for providing the Transportation Service; 2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement; 2.1.3. all the information you have presented to us is accurate, correct and complete; 2.1.4. you will keep G-Sam Driver Account accurate and profile information updated at all times; 2.1.5. you will not authorize other persons to use your G-Sam Driver Account nor transfer or assign it to any other person; 2.1.6. you will not use the G-Sam Services for unauthorized or unlawful purposes and impair the proper operation of the G-Sam Services; 2.1.7. at all times, you fully comply with all laws and regulations applicable in the state you are providing Transportation Services in, including (but not limited to) laws regulating passenger transportation services; 2.2. You are obliged to provide your bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. We are transferring In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong bank requisites. 2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use G-Sam Services. These conditions may include providing valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a internet-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the G-Sam Services. 2.4. You agree that in specific cities G-Sam Logistics may assign any of our obligations arising from the General Terms or Agreement to G-Sam group companies and partners. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of G-Sam Fees, forwarding you the fees due, mediating In-app Payment, licensing the G-Sam App, etc. 2.5. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details (as accessible in the G-Sam Driver Account). In such case, the indicated legal person is considered to be the provider of Transportation Services and a party to these General Terms, Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually provide the Transportation Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES UNDER G-SAM ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE DRIVER. 2.6. Registering G-Sam Driver Account as a fleet company. Upon concluding a separate agreement, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
3.1. License to use the G-Sam App and the G-Sam Driver Account. We hereby grant you a license to use the G-Sam App and the Bolt Driver Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, fleet companies may sub-license the G-Sam App and the G-Sam Driver Account to the members of its fleet. 3.2. In course of using the G-Sam App and/or G-Sam Driver Account you may not: 3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the G-Sam App, the G-Sam Driver Account or other software of G-Sam; 3.2.2. modify the G-Sam App or the G-Sam Driver Account in any manner or form or to use modified versions of the Bolt App or Bolt Driver Account; 3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on G-Sam Platform; 3.2.4. attempt to gain unauthorized access to the G-Sam App, G-Sam Driver Account or any other G-Sam Services. 3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the G-Sam App and the G-Sam Driver Account and we are entitled to block and delete Driver account without a prior notice. 3.4. Using tags and labels of G-Sam. Additionally, we may give you tags, labels, stickers or other signs that refer to G-Sam brand or otherwise indicate you are using the G-Sam Platform. We grant you a non-exclusive, non-sub licensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Transportation Services via the G-Sam Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to G-Sam brand. 3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by G-Sam and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the G-Sam Platform or any other G-Sam Services you do not acquire any rights of ownership to any intellectual property.
4.1. The Driver’s Obligations. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the state where you are providing Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services. 4.2. You must have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. G-Sam reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications. 4.3. You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavor to perform the Passenger's request in the best interest of the Passenger. Among else, you (i) may not make any unauthorized stops; (ii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iii) must adhere to any applicable traffic acts and regulations, i.e. must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving. 4.4. You retain the sole right to determine when you are providing the Transportation Services. You shall accept, decline or ignore Transportation Services requests made by Passengers at your own choosing. 4.5. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the G-Sam App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity 4.6. Fare. A Passenger is offered to use a ride that allows the Passenger to agree to a fixed Fare for a given instance of Transportation Service provided by you. Fare is communicated via the Bolt App to a Passenger before the ride is requested, and to you when the ride is accepted or at the end of the ride. 4.7. In markets with In-app payment, if you find that there has been an error in the calculation of the Fare and wish to make corrections in the calculation of the Fare, you must submit a petition in the admin in the G-Sam App. If a petition is not submitted to the admin in the G-Sam App, then G-Sam shall not recalculate the Fare or reimburse you for an error made in the calculation of the Fare. This option is not applicable in markets with only cash payment. 4.8. G-Sam may also reduce or cancel the fare in case we have reasonable cause to suspect a fraud or a complaint by the Passenger indicates a violation by you. G-Sam will only exercise its right to reduce or cancel the fare in a reasonable and justified manner. 4.10. Passenger may have the option to pay the fare for the Transportation Services either directly to you or via the In-app Payment, in markets where this option is available, as described in section 6 of these General Terms. In case the Passenger pays the Fare directly, it is your obligation to collect the Fare. In case the Passenger fails or refuses to pay, G-Sam will send a notice of debt to the Passenger on behalf of you. Such authorization derives from the mandate of paying agent given to Bolt and does not entail that Bolt has an obligation to compensate the Fare not paid by the Passenger. If the passengers in the vehicle do not agree to pay the Fare for the provision of Transportation Service, the Fare will be paid by the Passenger who has ordered the provision of Transportation Service. If Passenger justifiably refuses to pay the Fare on the account that your information stated in the G-Sam App is incorrect, then G-Sam will not reimburse you for such expenses. 4.12. Receipts. After each successful provision of Transportation Services, G-Sam shall create and forward a receipt to the Passenger consisting of the following information: the company’s business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date-, the time-, the start and end locations-, the duration and length-, the Fare and the Fare and Tip paid for the provision of the Transportation Services. The receipt of each provision of Transportation Services is available to you via the G-Sam Driver Account. 4.13. Cancellation fee & wait time fee. Passenger may cancel a request for Transportation Services that a Driver has accepted via the G-Sam App. In some markets, Driver may be entitled to the Fare for cancelled Transportation Services (Cancellation Fee) in the event that a Passenger cancels accepted request for Transportation Services after certain time period determined by G-Sam App. 4.14. If, in the course of the provision of the Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you shall have the right to request the Passenger to pay a penalty up to 5000 naira and request compensation for any damages exceeding the penalty. If the Passenger does not consent to paying the penalty and/or compensating the damage, you must notify us and we will then try to collect penalty and/or relevant costs on your behalf from the Passenger. However, bear in mind that we are not taking any liability for direct or indirect damages in relation to cleaning or maintenance of the vehicle caused by Passenger. 4.15. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services. You hereby agree to compensate G-Sam all state fees, claims, payments, fines or other tax obligations that G-Sam will incur in connection with the obligations arising from applicable tax regulations not having been met by you. 4.16. The Driver’s authorization to issue invoices. G-Sam has a right to issue an invoice on your behalf to the Passenger in order to compensate you any Fares, contractual penalties or other fees that Bolt mediates to you. In markets where G-Sam issues invoices, the invoice will be made available to you via the G-Sam Driver Account.
5.1. In order to use G-Sam Services, you are obliged to pay to a fee (i.e. the G-Sam Fee). The G-Sam Fee is paid based on the Fare of each Transportation Service order that you have completed. The amount of the G-Sam Fee is made available to you via e-mail, G-Sam App, G-Sam Driver Account or other pertinent means. Please acknowledge that the G-Sam Fee may change from time to time. We shall send you a prior notification of each such change. 5.2. You must pay the G-Sam Fee and any other fees due to us for the previous month at latest by the 15th date of the following month. Upon delay with payment of the G-Sam Fee, you shall be obliged to pay a penalty of late payment in the amount of 0.04% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by us, which are related to debt collection activities.
6.1. We may enable Passengers to pay for the Transportation Service via cards, carrier billing and other payment methods directly in the G-Sam App (i.e. In-app Payment). You hereby authorize us to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Fares or other fees paid by the Passenger via In-app Payment. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made. 6.2. You may not refuse payment by the Passenger via the In-app Payment, or influence the Passenger against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of 300 Naira for every refusal and/or block your right to use the G-Sam Services in case of repetitive behavior. 6.3. G-Sam reserves the right to distribute promo code to riders at our discretion on a per promotional basis. You are required to accept the use of promo code only when the rider applies the code in-app to a trip using card payment. Promo codes may not be applied to cash paid trips. If the use of promo codes is suspected as being fraudulent, illegal, used by a Driver in conflict with our Terms and Conditions relating to promo code use, then the promo code may be canceled and the outstanding amount will not be reimbursed by Bolt to the Driver. 6.4 You are entitled to review In-app Payment reports in the G-Sam Driver Account or App. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the G-Sam Fee. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app Payment. 6.5. We are not obliged to pay you the Fare due from the Passenger if the In-app Payment failed because Passenger’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Fare due from the Passenger and shall transmit it to you once the Passenger has made the requested payment. 6.6. Before providing Transportation Services, you must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger’s account. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we shall reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty up to 150 Naira. 6.7. Please note that we will set off any Fares or Tip paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. G-Sam Fees and contractual penalties). We reserve the right to fulfil any of your financial liabilities to any G-Sam group companies, in which case we will acquire the right to submit a claim against you. We may set off any of your financial liabilities against financial liabilities that you may have against us. 6.8. If we are not able to pay the Fees or Tip to you due to you not including your bank account details in your Driver´s account or if the bank account details have been noted incorrectly, then we will hold such payments for 7 days. If you do not notify us of the correct bank account details within 7 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare or Tip not transferred to you shall expire.
We provide the Drivers customer support regarding the use of the G-Sam Services. We have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days.
16.1. You are obliged to immediately notify us of any changes to your contact information. 16.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if: 16.2.1. delivered personally, 16.2.2. sent by courier with proof of delivery, 16.2.3. sent by registered mail, 16.2.4. sent by e-mail or 16.2.5. made available via the G-Sam App or G-Sam Driver Account. 16.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received: 16.3.1. if delivered personally, at the time of delivery to the party; 16.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; 16.3.3. if sent by registered mail, on the 7th day after handing the document over to the post office for delivery to the party; 16.3.4. if made available via the G-Sam App or G-Sam Driver Account, or 16.3.5. if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.