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Rider Terms
Toda PassengerTerms of Service
These Rider Terms explain the rules and responsibilities that apply when you use TodaRider as a passenger. They outline how bookings work, payments are handled, cancellations are managed, and what you can expect from us to ensure a safe and seamless journey every time you ride.
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the TODA App - which matches passengers with drivers to help them move around cities and towns more efficiently. These terms of service constitute a legally binding agreement (the “Agreement”) between “you”, “Passenger”, and Toda (“Toda,” “we,” “us” or “our”) governing your use of the Toda application, website, and technology platform (collectively, the “Toda Platform”).
By entering into to this Agreement, and/or by using or accessing the Toda platform, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If you do not agree to all the terms and conditions of this agreement, then you may not access the Toda Platform or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms of Service apply to all users of the Toda Platform. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- The Toda Platform provides a marketplace where it matches persons seeking transportation to certain destinations (“Passengers”) with persons driving to or through those destinations (“Drivers”). These parties are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Toda Platform.
- Each person may only create one account, and Toda reserves the right to deactivate any additional accounts.
- As a User, you authorise Toda to match you with a Driver based on factors such as your location, the estimated time to pickup, your destination, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the driving services provided by Drivers to Passengers that are matched through the Platform shall be referred to collectively as the “Services”.
- Toda does not provide transport services therefor, each transportation Service provided by a Driver to a Passenger shall constitute a separate agreement between such persons. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion.
- Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers.
- During the installation of Toda app, passenger’s mobile number is linked to the respective Toda user account and added to our database. If you are no longer using your mobile number, you must notify Toda within 7 days so we can update your account data.
- If you request a trip and the driver has accepted to undertake the work then the service is considered to be ordered.
- Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver.
- Once the driver arrives and sends you a notification that he/she has arrived the Toda app may begin charging fare on a waiting time basis according to the rates specified in the Toda app.
- After your trip you may rate your driver on a scale of 1-5 stars based on your trip experience, with 1 being very poor and 5 being very good. Please note that your driver may also rate you on that same scale.
- Any new features or tools that are added to the current platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on our terms of service page.
- We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our platform without notice at any time.
- It is your responsibility to check this page periodically for changes. Your continued use of or access to the platform following the posting of any changes constitutes acceptance of those changes.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
- By agreeing to these Terms of Service, you represent that you can form legally binding contracts under applicable law. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
- You may not allow other persons to use your User account, and you agree that you are the sole authorised user of your account.
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- As a Passenger, you understand that request or use of the Services may result in charges to you (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes. Toda has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms or quoting you a price for a specific trip at the time you make a request.
- Pricing may vary based on the type of service you request. You are responsible for reviewing the applicable price quote within the Toda Platform and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
- Fares. There are two types of fares, variable and quoted.
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- Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your trip. For particularly short trips, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance travelled on your trip. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your trip.
- Quoted Fares. In some cases Toda may quote you a Fare at the time of your request. The quote is subject to change until the trip request is confirmed. If during your trip you change your destination, make multiple stops, or attempt to abuse the Toda Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your trip. Toda does not guarantee that the quoted fare price will be equal to a variable fare for the same trip.
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- Fees and Other Charges.
Service Fee. You may be charged a “Service Fee” for each trip as set forth on the applicable Toda page.
- Peak Time. At times of high demand for Services (“Peak Time”) you acknowledge that Charges may increase substantially. For all trips with a variable fare, we will use reasonable efforts to inform you of any Peak Time multipliers in effect at the time of your request. For quoted fares we may factor in the Peak Time multiplier into the quoted price of the trip.
- Cancellation Fee. After requesting a trip you may cancel it through the app, but note that a cancellation fee will be applied. You will also be charged if you fail to show up after requesting a trip.
- Tolls. In some instances tolls (or return tolls) may apply to your trip We do not guarantee that the amount charged by Toda will match the toll charged to the Driver, if any.
- Other Charges. Other fee and surcharges may apply to your trip, including: actual or anticipated airport fees, state or local fees, event fees as determined by Toda, and processing fees for split payments. In addition, where required by law Toda will collect applicable taxes.
- Tips. Following a trip, you may elect to tip your Driver in cash or through the Toda application. Any tips will be provided entirely to the applicable Driver.
- Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Ecocash, Zim-switch, Zipit) Toda may replace its third-party payment processing services without notice to you. Charges shall only be made through the Toda Platform. Your payment of Charges to Toda satisfies your payment obligation for your use of the Toda Platform and Services.
- No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Toda Platform, any disruption to the Toda Platform or Services, or any other reason whatsoever.
- Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Trip. Coupons are only valid for use on the Toda Platform, and are not transferable or redeemable for cash. Coupons cannot be combined, and if the cost of your trip exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Trip. For quoted or variable fares, Toda may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. If you split payment for a Trip with another User, your coupon will only apply to your portion of the Charges. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Toda App.
- Credit/Debit Card Authorisation. Upon addition of a new payment method or each trip request, Toda may seek authorisation of your selected payment method to verify the payment method, ensure the trip cost will be covered, and protect against unauthorised behaviour. The authorisation is not a charge, however, it may reduce your available credit by the authorisation amount until your bank’s next processing cycle. Should the amount of our authorisation exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
- By entering into this Agreement or using the Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems. Communications from Toda, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Toda Platform or Services, updates concerning new and existing features on the Toda Platform, communications concerning promotions run by us or our third-party partners, and news concerning Toda and industry developments. Standard text messaging charges may applied by your cell phone carrier will apply to text messages we send.
- Your Information is any information you provide, publish or post to or through the Toda Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Toda-related social media postings). You consent to us using your Information to create a User account that will allow you to use the Toda Platform and participate in the Services. Our collection and use of personal information in connection with the Toda Platform and Services is as provided in Toda’s Privacy Policy located at www.Todazimbabwe.com/privacy.
- You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information.
- You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
- To enable Toda to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known.
- Toda does not assert any ownership over your Information; rather, as between you and Toda, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
- You may be able to create or login to your Toda User account through online accounts you may have with third party social networking sites (each such account, a ” Social Networking Service (SNS Account”). By connecting to Toda through an SNS Account, you understand that Toda may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Toda Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
- Toda, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Toda. Toda reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Toda determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
- From time to time, Toda may offer you with incentives to refer your friends and family to become new Users of the Toda Platform in your city or town (the “Referral Program”). These incentives may come in the form of Toda Credits, Trip Passes and Toda may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, national or provincial regulations, rules, laws, or local practices;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- Interfere with or disrupt the Toda Platform or the servers or networks connected to the Toda Platform;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related application, website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service or any related application, website, other websites, or the Internet.
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- “Frame” or “mirror” any part of the Toda Platform, without our prior written authorisation or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- Modify, adapt, translate or any portion of the Toda Platform or any software used on or for the Toda Platform;
- Rent, lease, lend, sell, redistribute, license or sublicense the Toda Platform or access to any portion of the Toda Platform;
- Transfer or sell your User account, password and/or identification to any other party
We reserve the right to terminate your use of the Service or any related application or website for violating any of the prohibited uses.
- Toda shall own all intellectual property rights in the Toda Platform absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
- All other trademarks, logos, service marks, company or product names set forth in the Toda Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Toda.
- Toda shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- TODA and other Toda logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks of Toda in Zimbabwe and/or other countries (collectively, the “Toda Marks”). (“License”). The Toda Marks may not be used in any manner that is likely to cause confusion.
- You acknowledge that Toda is the owner and licensor of the Toda Marks, including all goodwill associated therewith, and that your use of the Toda Marks will confer no additional interest in or ownership of the Toda Marks in you but rather to the benefit of Toda.
The following disclaimers are made on behalf of Toda, our respective officers, directors, employees, agents, and shareholders.
- Toda does not provide transportation services, and Toda is not a transportation carrier. Toda is not a common carrier or public carrier. It is up to the Passenger to decide whether or not to accept a trip from any Driver contacted through the Toda Platform. We cannot ensure that a Driver or Passenger will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
- The Toda Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk.
- The services delivered to you through the platform are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Toda, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- Toda is not responsible for the conduct, whether online or offline, of any User of the Toda Platform or Services. You are solely responsible for your interactions with other Users. We do not insure, nor are we responsible for, personal belongings left in the car by Drivers or Passengers. By using the Toda Platform and participating in the Services, you agree to accept such risks and agree that Toda is not responsible for the acts or omissions of Users on the Toda Platform or participating in the Services.
- You are responsible for the use of your User account and Toda expressly disclaims any liability arising from the unauthorised use of your User account. Should you suspect that any unauthorised use or you suspect any other breach of security, you agree to notify us immediately.
- We are not responsible for the use of any personal information that you disclose to other Users on the Toda Platform or through the Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorised users, or “hackers”).
- Location data provided by the Toda Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed. Neither Toda, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Toda Platform. Any of your Information, including geo-locational data, you upload, provide, or post on the Toda Platform may be accessible to Toda and certain Users of the Toda Platform.
- Toda advises you to use the Toda Platform with a data plan with unlimited or very high data usage limits, and Toda shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Toda Platform.
- You agree to indemnify, defend and hold harmless Toda and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In no event will Toda, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively “Toda” for purposes of this section), be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages (including damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Toda platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Toda platform, the services, or this agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages.
- The Toda platform may be used by you to request and schedule transportation, goods, or other services with third party providers, but you agree that Toda has no responsibility or liability to you related to any transportation, goods or other services provided to you by third party providers other than as expressly set forth in this agreement.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our platform.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- Toda reserves the right to deactivate you from the platform, should you continuously get poor unjustified ratings from drivers.
- You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Toda’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Toda for your own use or for any purpose other than as agreed herein.
- You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Toda in order to prevent it from falling into the public domain.
- In addition to connecting Passengers with Drivers, the Toda Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Toda Platform to order a delivery of goods, request a carpool trip from a commuter going in your direction.
- You understand and that the other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Toda Platform, you authorise Toda to charge your payment method on file according to the pricing terms set by the third-party provider.
- You agree that Toda is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Toda Platform.
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- We may also, in the future, offer new services and/or features through the platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.