Terms of Service

Terms and Conditions for Bigman Ryde

Last Updated: June 7th, 2020

By entering into this Agreement, and/or by using or accessing the Bigman Ryde Platform you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE BIGMAN RYDE PLATFORM OR ANY OF THE SERVICES PROVIDED.

These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Bigman Transport Limited., its subsidiaries, representatives, affiliates, and directors (collectively, “Bigman Ryde,” “we,” “us” or “our”) governing your use of the Bigman Ryde application, website, and technology platform (collectively, the “Bigman Ryde Platform”).

Modification to the Agreement
Bigman Ryde reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement.

You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Bigman Ryde Platform, each User shall create a User account. Each person may only create one User account, and Bigman Ryde reserves the right to deactivate any additional or duplicate accounts.

DEFINITIONS

OUR”, “US” and “WE” means BIGMAN TRANSPORT LTD, trading as BIGMAN RYDE.
the RENTER”, “YOU” or “YOUR” means the renter of the VEHICLE, as indicated in the AGREEMENT and who must be 23 years old or older and who must have held a valid unendorsed driver’s license for a minimum period of 2 years prior to the AGREEMENT;
DAY” means a period of 24 hours (or any part thereof) calculated from the time the vehicle is received by YOU;
the VEHICLE” means the VEHICLE/s identified in this AGREEMENT or any other replacement vehicle provided to YOU by US (including the VEHICLE documents, keys, tyres, tools and accessories supplied with the VEHICLE);
“the RENTAL PERIOD” means the period between the date when the vehicle is taken out by YOU and the termination date and time as specified on the AGREEMENT or, if such period is extended, the time and date entered on OUR records as being the date and time when the VEHICLE is returned to US;
“The OFFICIAL RATES” means OUR rates charged from time to time and/or in terms of the official rates published and amended from time to time, applicable to the VEHICLE rented in terms of this AGREEMENT, and which are available at any of OUR locations.

RISK, DELIVERY, AND RETURN

The VEHICLE will be at YOUR sole risk from the date and time of delivery of the VEHICLE until the VEHICLE is returned to US. YOU undertake to return the VEHICLE in the same condition that YOU received it, fair wear and tear excepted;
YOU will return the VEHICLE, on the expiry or termination of this AGREEMENT, at YOUR expense to our authorised representative at the collection address recorded in the AGREEMENT. YOU acknowledge that failure to return the VEHICLE in terms of this AGREEMENT will constitute a breach of the AGREEMENT and illegal possession by YOU, and WE may report the VEHICLE as stolen and/or repossess the VEHICLE wherever same may be found and from whomsoever is in possession thereof;
When YOU or any person nominated by YOU return the VEHICLE YOU will:

Ensure that the VEHICLE is properly locked and secure;
Hand the keys of the VEHICLE to an authorised representative of BIGMAN RYDE when BIGMAN RYDE’s office is open for business;
Leave the keys in a drop safe provided at the office of BIGMAN RYDE when the office is not open for business.

The sole risk of loss or damage to the VEHICLE will remain vested in YOU until such time as WE have recorded the return of the VEHICLE.

EXTENSION OF RENTAL PERIOD

You will be entitled at any time during the initial period to orally extend the RENTAL PERIOD.
This extension will however only be valid if confirmed by BigmanRyde in writing.

PAYMENTS

YOU agree to pay the US:

The VEHICLE rental rates cross border fees per border and other charges as set out in the AGREEMENT and/or in terms of our OFFICIAL RATES, whichever may be applicable;
A refueling fee and the cost of fuel supplied for the VEHICLE by US which cost will be calculated upon the return of the VEHICLE. If the VEHICLE is delivered to or collected from YOU, YOU will be charged for the fuel used from the time it leaves the dispatching branch to the time it is returned to the returning branch;
all fines, taxes, charges, levies, legal costs and tolls, including e-tolls, payable by the US to any third party arising out of YOUR use of the VEHICLE;

In the event that the VEHICLE is not returned on the return date, all amounts that would have been payable by YOU in terms of this AGREEMENT if the RENTAL PERIOD had been validly extended to the actual date of return of the VEHICLE to the US;
all costs for which YOU are liable, incurred by the US in repairing any damage of any nature whatsoever to the VEHICLE and any loss or damages suffered by the US as a result of theft, fire or any other cause whatsoever;
Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable cities.
Prime Time. At times of high demand for Rideshare Services (“Prime Time”), you acknowledge that Charges may increase substantially. For all rides with a variable fare, we will use reasonable efforts to inform you of any Prime Time multipliers in effect at the time of your request. For quoted fares, we may factor in the Prime Time multiplier into the quoted price of the ride.
Cancellation Fee. After booking a ride you may cancel it through the website, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.

If WE have agreed to payment from YOU by credit card, YOUR signature will constitute authority for the issuer of the card to debit YOU with the total amount owing, inclusive of all costs and charges of whatsoever nature, arising in terms of this AGREEMENT.
YOU will pay all amounts payable by YOU under this AGREEMENT to the US, on-demand. If any payment is not made on its due date, then WE may, without prejudice to any of OUR rights, charge interest on the amount due at the maximum rate permissible by law.

WARRANTIES BY YOU

You warrant that:

All information given by You to US is true and correct;
The DRIVER holds a valid unendorsed DRIVER’s license for the VEHICLE;
YOU will not drive the VEHICLE under the influence of alcohol or any other central nervous system stimulant;

The DRIVER is not physically prevented from operating the VEHICLE safely;
No person other than the DRIVER will drive the VEHICLE;
The DRIVER will lock the VEHICLE and activate any burglar alarm or protection system installed in the VEHICLE when same is not in use and ensures that the keys of the VEHICLE are properly controlled;
the VEHICLE will not be used or driven for the conveyance of persons or property for reward, in contravention of or in breach of any law, in any race, speed test or contest
YOU and the DRIVER will at all times display an absolute duty of care towards BIGMAN RYDE in respect of the VEHICLE, and YOU will ensure that the VEHICLE will only be used on suitable roads and conditions in accordance with the type of VEHICLE hereby rented;
YOU and the DRIVER will not take the VEHICLE into any area or on any road where there is a risk that the VEHICLE may be damaged, stolen or lost through civil disturbance, riot or any act of political unrest;
The VEHICLE will not be taken outside NIGERIA, except with OUR prior written permission. The cross border letter provided by US will provide YOU with authorization to cross the relevant border and WE will not be held responsible for any fee/or other costs/payments whatsoever incurred by YOU crossing the border.

TERMINATION

We will be entitled to terminate this AGREEMENT if YOU and/or the DRIVER commit any breach of this AGREEMENT. WE will then be entitled to the immediate return of the VEHICLE, and furthermore any amount then and there owing by YOU to US will become immediately due and payable.
Both YOUR and OUR rights and obligations under this AGREEMENT will continue to be in full force and effect until such time as the VEHICLE has been returned to US in terms of this AGREEMENT and YOU have complied with all YOUR obligations in terms hereof

INDEMNITY

Save as is provided for in law and provided that there was no negligence on OUR part, WE will not be liable for any damage and/or injury and/or death arising out of any defect in and/or mechanical failure of the VEHICLE, nor for any loss or damages to any property transported in or left in the VEHICLE, nor for any damages, injury, death, consequential loss, loss of profits, or any other damages which the RENTER or the DRIVER or any person transported in the VEHICLE may suffer arising out of this AGREEMENT.

RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE

If the VEHICLE is involved in an accident or collision, or is lost or stolen, or is involved in an incident, which could prejudice OUR rights, the RENTER and/or DRIVER will take all such steps to safeguard OUR interests, including, but not limited to the following where appropriate:

Obtain the names and addresses of everyone involved and of possible witnesses, and details of other vehicles involved;
Not, without our prior written consent, admit any responsibility or liability or release any party from any liability or potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimer of liability;
Notify the police and US as soon as possible and in any event within 24 hours of the incident;
Within 48 hours of the incident complete and forward to US OUR fully completed standard claim form;
Within 48 hours of the incident submit to US a copy of the DRIVER’s license;
Not abandon the VEHICLE and make adequate provision for its safety and security; and
Cooperate with the US in any investigation, the lodging or instituting of any claim or action and the defense of any prosecution, claim or action relating to the above

GENERAL

YOU acknowledge that ownership of the VEHICLE will at all times remain vested in US, as the true owner of the VEHICLE.
YOU will not be entitled to cede or assign any of YOUR rights and obligations under this AGREEMENT or to sublet or part with possession of the VEHICLE.
The cost of fuel is not included in the amount of the rental. We will refuel all VEHICLES on return of the VEHICLE to US.
You are not permitted to carry out any repairs, including replacing any tyres, on the VEHICLE.
If the RENTER is not the DRIVER, then, without in any way detracting from the RENTER’s obligations in terms of this AGREEMENT, the RENTER and the DRIVER will be liable to US jointly and severally for all and/or any amounts owing under this AGREEMENT.
Please be advised that although WE will use our best efforts, WE are unable to guarantee the availability of the VEHICLE to YOU at a particular time due to possible circumstances beyond our control. In the event that WE are however unable to do this, WE will endeavor to make alternative arrangements until such time as WE are able to make the VEHICLE available to YOU.
Save as otherwise stated in this AGREEMENT any addition to or alteration of this AGREEMENT will be null and void unless agreed upon by US in writing.
YOU agree that WE may sue YOU in the Magistrate’s Court for all purposes under this AGREEMENT, notwithstanding that the subject matter, cause of action, or amount involved be otherwise beyond the jurisdiction of the said court.

This document contains the entire AGREEMENT between YOU and US regarding the matters contained herein and WE will not be bound by any undertakings, representations, warranties, promises or the like not recorded herein, unless otherwise stipulated by law.
It is agreed that each clause of these terms and conditions is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent Court, then the remaining clauses will be and continue to be of full force and effect.
This AGREEMENT will be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.
No extension, relaxation or other leniencies that may be given or allowed by US can be taken to mean that other rights may not be enforced.
The RENTER and/or DRIVER authorizes US to conduct any credit checks which WE deem necessary to adequately assess the risk of contracting with YOU.

Terms and Conditions for Bigman Ryde

Last Updated: June 7th, 2020

Modification to the Agreement Bigman Ryde reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement.

DEFINITIONS

OUR”, “US” and “WE” means BIGMAN TRANSPORT LTD, trading as BIGMAN RYDE.

the RENTER”, “YOU” or “YOUR” means the renter of the VEHICLE, as indicated in the AGREEMENT and who must be 23 years old or older and who must have held a valid unendorsed driver’s license for a minimum period of 2 years prior to the AGREEMENT;

DAY” means a period of 24 hours (or any part thereof) calculated from the time the vehicle is received by YOU;

the VEHICLE” means the VEHICLE/s identified in this AGREEMENT or any other replacement vehicle provided to YOU by US (including the VEHICLE documents, keys, tyres, tools and accessories supplied with the VEHICLE);

“the RENTAL PERIOD” means the period between the date when the vehicle is taken out by YOU and the termination date and time as specified on the AGREEMENT or, if such period is extended, the time and date entered on OUR records as being the date and time when the VEHICLE is returned to US;

“The OFFICIAL RATES” means OUR rates charged from time to time and/or in terms of the official rates published and amended from time to time, applicable to the VEHICLE rented in terms of this AGREEMENT, and which are available at any of OUR locations.

RISK, DELIVERY, AND RETURN

The VEHICLE will be at YOUR sole risk from the date and time of delivery of the VEHICLE until the VEHICLE is returned to US. YOU undertake to return the VEHICLE in the same condition that YOU received it, fair wear and tear excepted;

When YOU or any person nominated by YOU return the VEHICLE YOU will:

Ensure that the VEHICLE is properly locked and secure;

Hand the keys of the VEHICLE to an authorised representative of BIGMAN RYDE when BIGMAN RYDE’s office is open for business;

Leave the keys in a drop safe provided at the office of BIGMAN RYDE when the office is not open for business.

The sole risk of loss or damage to the VEHICLE will remain vested in YOU until such time as WE have recorded the return of the VEHICLE.

EXTENSION OF RENTAL PERIOD

You will be entitled at any time during the initial period to orally extend the RENTAL PERIOD.

This extension will however only be valid if confirmed by BigmanRyde in writing.

PAYMENTS

YOU agree to pay the US:

The VEHICLE rental rates cross border fees per border and other charges as set out in the AGREEMENT and/or in terms of our OFFICIAL RATES, whichever may be applicable;

all fines, taxes, charges, levies, legal costs and tolls, including e-tolls, payable by the US to any third party arising out of YOUR use of the VEHICLE;

In the event that the VEHICLE is not returned on the return date, all amounts that would have been payable by YOU in terms of this AGREEMENT if the RENTAL PERIOD had been validly extended to the actual date of return of the VEHICLE to the US;

all costs for which YOU are liable, incurred by the US in repairing any damage of any nature whatsoever to the VEHICLE and any loss or damages suffered by the US as a result of theft, fire or any other cause whatsoever;

Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable cities.

Cancellation Fee. After booking a ride you may cancel it through the website, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride.

If WE have agreed to payment from YOU by credit card, YOUR signature will constitute authority for the issuer of the card to debit YOU with the total amount owing, inclusive of all costs and charges of whatsoever nature, arising in terms of this AGREEMENT.

YOU will pay all amounts payable by YOU under this AGREEMENT to the US, on-demand. If any payment is not made on its due date, then WE may, without prejudice to any of OUR rights, charge interest on the amount due at the maximum rate permissible by law.

WARRANTIES BY YOU

You warrant that:

All information given by You to US is true and correct;

The DRIVER holds a valid unendorsed DRIVER’s license for the VEHICLE;

YOU will not drive the VEHICLE under the influence of alcohol or any other central nervous system stimulant;

The DRIVER is not physically prevented from operating the VEHICLE safely;

No person other than the DRIVER will drive the VEHICLE;

The DRIVER will lock the VEHICLE and activate any burglar alarm or protection system installed in the VEHICLE when same is not in use and ensures that the keys of the VEHICLE are properly controlled;

the VEHICLE will not be used or driven for the conveyance of persons or property for reward, in contravention of or in breach of any law, in any race, speed test or contest

YOU and the DRIVER will at all times display an absolute duty of care towards BIGMAN RYDE in respect of the VEHICLE, and YOU will ensure that the VEHICLE will only be used on suitable roads and conditions in accordance with the type of VEHICLE hereby rented;

YOU and the DRIVER will not take the VEHICLE into any area or on any road where there is a risk that the VEHICLE may be damaged, stolen or lost through civil disturbance, riot or any act of political unrest;

TERMINATION

We will be entitled to terminate this AGREEMENT if YOU and/or the DRIVER commit any breach of this AGREEMENT. WE will then be entitled to the immediate return of the VEHICLE, and furthermore any amount then and there owing by YOU to US will become immediately due and payable.

Both YOUR and OUR rights and obligations under this AGREEMENT will continue to be in full force and effect until such time as the VEHICLE has been returned to US in terms of this AGREEMENT and YOU have complied with all YOUR obligations in terms hereof

INDEMNITY

RESPONSIBILITY AFTER LOSS OR DAMAGE TO VEHICLE

If the VEHICLE is involved in an accident or collision, or is lost or stolen, or is involved in an incident, which could prejudice OUR rights, the RENTER and/or DRIVER will take all such steps to safeguard OUR interests, including, but not limited to the following where appropriate:

Obtain the names and addresses of everyone involved and of possible witnesses, and details of other vehicles involved;

Not, without our prior written consent, admit any responsibility or liability or release any party from any liability or potential liability, nor settle any claim or potential claim against or by any party, nor accept any disclaimer of liability;

Notify the police and US as soon as possible and in any event within 24 hours of the incident;

Within 48 hours of the incident complete and forward to US OUR fully completed standard claim form;

Within 48 hours of the incident submit to US a copy of the DRIVER’s license;

Not abandon the VEHICLE and make adequate provision for its safety and security; and

Cooperate with the US in any investigation, the lodging or instituting of any claim or action and the defense of any prosecution, claim or action relating to the above

GENERAL

YOU acknowledge that ownership of the VEHICLE will at all times remain vested in US, as the true owner of the VEHICLE.

YOU will not be entitled to cede or assign any of YOUR rights and obligations under this AGREEMENT or to sublet or part with possession of the VEHICLE.

The cost of fuel is not included in the amount of the rental. We will refuel all VEHICLES on return of the VEHICLE to US.

You are not permitted to carry out any repairs, including replacing any tyres, on the VEHICLE.

If the RENTER is not the DRIVER, then, without in any way detracting from the RENTER’s obligations in terms of this AGREEMENT, the RENTER and the DRIVER will be liable to US jointly and severally for all and/or any amounts owing under this AGREEMENT.

Save as otherwise stated in this AGREEMENT any addition to or alteration of this AGREEMENT will be null and void unless agreed upon by US in writing.

YOU agree that WE may sue YOU in the Magistrate’s Court for all purposes under this AGREEMENT, notwithstanding that the subject matter, cause of action, or amount involved be otherwise beyond the jurisdiction of the said court.

This document contains the entire AGREEMENT between YOU and US regarding the matters contained herein and WE will not be bound by any undertakings, representations, warranties, promises or the like not recorded herein, unless otherwise stipulated by law.

It is agreed that each clause of these terms and conditions is severable, the one from the other, and if any clause is found to be defective or unenforceable for any reason by any competent Court, then the remaining clauses will be and continue to be of full force and effect.

This AGREEMENT will be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.

No extension, relaxation or other leniencies that may be given or allowed by US can be taken to mean that other rights may not be enforced.

The RENTER and/or DRIVER authorizes US to conduct any credit checks which WE deem necessary to adequately assess the risk of contracting with YOU.

Modification to the Agreement
Bigman Ryde reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement.