Terms & Conditions for Drivers (RDC)
Contact us:
Yeyo App: You can contact our customer support team via the chat function of the Yeyo App.
1. DEFINITIONS
1.1. Yeyo (hereinafter, also “we”, “us” or “our”) – Yeyo Car, a limited liability company incorporated and registered under the laws of The Democratic Republic of the Congo number CD/KNG/RCCM/24-B-03868, whose registered office is Kinshasa Numéro 835 Boulevard du 30 juin, commune de la Gombe, ville de Kinshasa, or to another Yeyo Group company or cooperation partner when Yeyo Services are not provided by Yeyo Operations. The list of Yeyo group companies and partners is available at the following address: www.yeyocar.com/list-partners
1.2. Yeyo Services – services provided by Yeyo, including the provision and maintenance of the Yeyo Application, the Yeyo Platform, customer support, Driver-Passenger communication and other similar services.
1.3. Yeyo application – set of smartphone applications provided by Yeyo allowing:
(i) Drivers to provide Transportation Services to Passengers (in the case of Drivers); And
(ii) Passengers to request Transportation Services from Drivers (in the case of Passengers).
1.4. Yeyo Platform – technology to connect Passengers and Drivers to help them move around cities more efficiently.
1.5. Passenger – a person who requests Transportation Services using the Yeyo Platform.
1.6. Driver (also “you”) – person who provides Transportation Services via the Yeyo Platform. Each Driver will obtain a personal Yeyo Driver account to use the Yeyo Application and the Yeyo Platform.
1.7. Agreement – this Agreement between the Driver and Yeyo regarding the use of the Yeyo Services and comprising:
1.7.1. these General Conditions;
1.7.2. the special conditions displayed in the Yeyo Application, for example information on prices or descriptions of services;
1.7.3. guidelines for Drivers; And
1.7.4. other terms mentioned in this Agreement, as they may be changed from time to time.
1.8. Fare – the fees that a Passenger is required to pay to the Driver for the provision of Transportation Services.
1.9. Yeyo Fees – the fees that a Driver is required to pay to Yeyo for the use of the Yeyo Platform.
1.10. Yeyo Driver Account – access to a website containing information and documents relating to the use of Yeyo Services in connection with the provision of Transportation Services, including accounting documentation. The Driver can access his Yeyo Driver account at the address https://yeyocar.com, by entering their username and password.
1.11 Transport Services – transport service that a Driver provides to a Passenger whose request he has accepted via the Yeyo Application.
2. ENTRY INTO FORCE OF THE AGREEMENT
2.1. Before using the Yeyo Services, you must register by providing the information requested in the registration form located on the website and uploading the necessary documents that we request from you. You can register as a legal or natural person. Upon successful registration, we will provide you with an accessible personal account with a username and password. By clicking on the “Register” button at the end of the registration form, you represent and warrant the following:
2.1.1. under valid legal acts, you have the right to enter into an Agreement with us to use the Yeyo Platform for the provision of Transportation Services;
2.1.2. you have carefully examined these General Conditions, you understand them perfectly and accept their binding legal value, as well as that of the obligations arising from these General Conditions and the Agreement.
2.1.3. all information you have provided to us is accurate, correct and complete;
2.1.4. you will ensure that the Yeyo Driver Account is always accurate and that your profile information is up to date at all times;
2.1.5. you will not authorize any third party to use your Yeyo Driver Account and you will not transfer or assign it to any third party;
2.1.6. you will not use the Yeyo Services for unauthorized or illegal purposes or interfere with the proper functioning of the Yeyo Services;
2.1.7. at all times, you will fully comply with all applicable laws and regulations in the state in which you provide Transportation Services, including (without limitation) laws governing passenger transportation services;
2.2. After submitting the registration form, you will receive an email with additional requirements to use the Yeyo Services. These conditions may include transmitting a criminal record extract, as well as proof that you have a valid driving license and a vehicle in satisfactory technical condition, to follow training, to have a mobile device equipped with GPS as well as other requirements described in the corresponding email. Failure to comply with the requirements and conditions provided may result in termination of the Agreement and the right to use the Yeyo Services.
2.3. You agree that in specific cities or countries, Yeyo Car may assign any commitments arising from the General Conditions or the Agreement to Yeyo Car group companies and partners. These commitments include, among other things, the allocation of the rights belonging to it and the obligations incumbent on it concerning the examination of documents relating to registration applications, training, the granting of licenses for the Yeyo Application, etc. Contact details for Yeyo Car group companies and its partners are available at the following address: https://yeyocar.com/.
2.4. Creation of the account as a legal entity (i.e. a company). In this case, the legal entity indicated is considered to be the supplier of the Transport Services and a party to these General Conditions and any other Agreement. Only specific persons designated as drivers during the registration process may provide the Transportation Services on your behalf and subject to having undertaken not to commit any violation of these General Conditions which may be attributed to you.
2.5. Creation of Yeyo Driver account as a fleet company. After entering into a separate Agreement, a fleet company may itself open accounts for its employees and/or service providers. In this case, the fleet company is obliged to ensure that its employees and/or service providers comply with the provisions of the General Conditions, the Agreement and any other agreement, and agrees to act in accordance with these conditions and obligations, as well as their binding value. The fleet company and its employees and/or service providers remain jointly and severally liable for any infringement committed by these employees and/or service providers.
3. RIGHT TO USE THE YEYO APP AND THE YEYO DRIVER ACCOUNT
3.1. License to use the Yeyo Application and the Yeyo Driver Account. Subject to your compliance with the provisions of the Agreement, we hereby grant you a license to use the Yeyo Application and the Yeyo Driver Account. The license does not give you the right to sublicense or transfer any rights to third parties. Notwithstanding the foregoing and if separately agreed, fleet companies may sublicense the Yeyo App and Yeyo Driver Account to their fleet members.
3.2. When using the Yeyo Application and/or the Yeyo Driver Account, you cannot:
3.2.1. decompile, reverse engineer or otherwise attempt to obtain the source code of the Yeyo Application, Yeyo Driver Account or other Yeyo software;
3.2.2. modify the Yeyo Application or Yeyo Driver Account in any way or use modified versions of the Yeyo Application or Yeyo Driver Account;
3.2.3. transmit files that contain viruses or corrupt or any other programs that may damage or negatively affect operations on the Yeyo Platform;
3.2.4. attempt to gain unauthorized access to the Yeyo Application, Yeyo Driver Account or any other Yeyo Services.
3.3. In the event of termination of the Agreement, the license will be revoked automatically and simultaneously. Following termination of the Agreement, you must immediately stop using the Yeyo Application and the Yeyo Driver Account and we will have the right to block and delete the Yeyo Driver Account without notice.
3.4. Using Yeyo labels and thumbnails. In addition, we may give you labels, stickers, stickers or other signs that refer to the Yeyo brand or otherwise indicate that you are using the Yeyo Platform. We grant you a non-exclusive, non-sublicensable and non-transferable license to use these signs, solely for the purpose of indicating that you are providing Transportation Services via the Yeyo Platform. Following termination of the Agreement, you must immediately remove and delete any sign referring to the Yeyo brand.
3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Yeyo and are protected by international copyright laws and treaty provisions , trademarks and/or trade secrets. By using the Yeyo Platform or any other Yeyo Service, you do not acquire any ownership rights in the intellectual property.
4. PROVISION OF TRANSPORT SERVICES
4.1. Obligations of the Driver. You hereby agree to provide Transportation Services in accordance with the Terms and Conditions, the Agreement and the applicable laws and regulations of the state in which you provide Transportation Services. Please note that you are entirely responsible for any violations of local laws and regulations that may arise from the provision of Transportation Services.
4.2. To provide the Transportation Services, you must have all licenses (including a valid driver’s license), all permits, automobile insurance, liability insurance (if applicable), registrations, certificates and any other documents required in the relevant jurisdiction. You are responsible for maintaining the validity of all above-mentioned documents. Yeyo reserves the right to require you to produce evidence and submit all necessary licenses, permits, approvals, authorizations, registrations and certificates for review. Where required by applicable law or an authority makes a valid request to us for information regarding your activities relating to the provision of your Transportation Services, we may make available information regarding your activities to the extent required by law. applicable law requires it. In addition, you are responsible for complying with all laws and regulations that may be applicable in connection with the provision of Transportation Services.
4.3. You must provide the Transportation Services in a professional manner, consistent with the business ethics applicable to the provision of such services, and endeavor to fulfill the Passenger’s request in the Passenger’s best interest. Among other things, you (i) must provide the Transportation Services in a reasonably timely and efficient manner in accordance with the Passenger’s initial request, unless the Passenger explicitly indicates otherwise; (ii) may not make any unauthorized shutdown; (iii) may not have passengers on board the vehicle other than the Passenger and their companions; and (iv) must comply with all applicable traffic laws and regulations, i.e. you must not take any action that may disrupt driving or perception of traffic conditions, including holding a phone hand while the vehicle is moving.
4.4. You retain the sole right to determine when you provide Transportation Services. You may, at your sole discretion, accept, decline or ignore requests for Transportation Services made by Passengers.
4.5. Costs you incur in connection with the provision of Transportation Services. You are required to provide and maintain all equipment and means necessary for the performance of the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all charges you incur in connection with the performance of the Transportation Services, including, without limitation, charges related to fuel, mobile plan, customs duties , vehicle depreciation, insurance-related costs, corporate taxes or payroll taxes, etc. Please note that use of the Yeyo App may result in the consumption of a large amount of data as part of your mobile plan. We therefore advise you to subscribe to a mobile plan with unlimited or very high access capacity to mobile data.
4.6. Prices. You have the right to charge a fare each time you have accepted a Passenger on the Yeyo Platform and performed the Transportation Service as required (i.e., the “Fare”). The Fare is calculated based on local market prices for the specific trip distance determined by the GPS device and the duration of the trip. The default base rate may fluctuate depending on local market conditions and regulations. In addition, you always have the right to charge the Passenger a rate lower than the Rate indicated by the Yeyo Application.
4.7. Initial price. A Passenger may be offered to use a ride option allowing them to accept a Fixed Fare for a given request for a Transportation Service that you provide (i.e., the “Initial Fare” ). The Initial Fare is communicated via the Yeyo Application to a Passenger before the ride is requested, and to you when the ride is accepted or at the end of the ride. The Fare calculated in accordance with paragraph 4.6 is applied in place of the Initial Fare if the Passenger changes destination during the journey, if the journey takes significantly longer than expected due to traffic or other factors, or if other Unexpected circumstances have a significant impact on the characteristics of the journey (for example, if a route with tolls is taken).
4.8. Yeyo may adjust the calculation of the Fare for a particular order if we detect that the Passenger’s request has not been respected (such as when a longer route is taken or the end of the Transportation Services is not confirmed), if a technical error affecting the Final Price is identified or if we have valid reasons to suspect the existence of fraud. Yeyo will only exercise its right under this clause in a reasonable and justified manner.
4.9. Passengers must pay the Fare in cash and you are responsible for collecting it. If the Passenger justifiably refuses to pay the Fare on the grounds that the information you provided in the Yeyo Application is incorrect, Yeyo will not reimburse you for the expenses you have incurred.
4.10. Received. After each successful execution of a Transport Service, Yeyo will generate and send the Passenger a receipt including all or part of the following information: the first and last name of the Driver, the vehicle registration number, the date, the Fare paid for the provision of Transport Services. The receipt for each Transport Service is available via the Yeyo Driver Account. However, please note that Yeyo will not generate or issue any tax invoices on your behalf.
4.11. Your tax obligations. You hereby acknowledge that you are required to comply fully with all tax obligations incumbent upon you under applicable laws in connection with the provision of the Transportation Services, including in particular (i) the issuance of any invoice tax that you must provide to a Passenger under the law (ii) for the payment of income tax, social security contributions or any other applicable tax; and (iii) compliance with all employee registration and tax obligations for accounting calculations and transfers to applicable state authorities as required by applicable law. In the event that the tax authority submits a valid request to us to transmit information regarding your activities, we may make information regarding your activities available to them to the extent provided for by valid legal acts. In addition, you are responsible for complying with all applicable tax regulations in connection with the provision of Transportation Services. You hereby agree to indemnify Yeyo for all state taxes, claims, payments, fines that Yeyo may incur, and tax obligations that Yeyo may incur under applicable tax regulations that you have failed to comply with (including the payment of income tax and social security contributions).
4.12. Before providing Transportation Services, you must verify that the service is actually provided to the correct Passenger or that the Passenger has expressly confirmed that they authorize other passengers to travel through their account.
5. ASSISTANCE CLIENT
6. EVALUATIONS AND ACTIVITIES
6.1. In order to ensure high quality service and further reassure Passengers, you hereby acknowledge that Passengers may rate you and leave comments on the quality of the Transportation Services you have provided. Your average rating will be linked to your Yeyo Driver Account and will be available to Passengers on the Yeyo App. If we discover that the rating or comment was not given in good faith, that rating or comment may not be taken into account in calculating your average rating.
6.2. In addition to your assessment, we measure your activity level and provide you with an activity rating, based on your activity in accepting, declining, not responding and fulfilling requests for Transportation Services.
6.3. In order to provide reliable services to Passengers, we may determine a minimum average rating and minimum activity rating that Drivers must establish and maintain. If, following relevant notification from us, you do not increase your average rating or activity rating to the minimum threshold within the prescribed period, your Yeyo Driver account will be automatically suspended, either temporarily or permanently. We may reverse the suspension of your account if it is justified by external circumstances or if it turns out that the suspension was caused by a system error or false reviews.
7. MARKET INSIGHTS AND CAMPAIGNS
8. RELATIONSHIPS BETWEEN YOU, US AND PASSENGERS
8.1. You hereby acknowledge and agree that we provide an information society service and do not provide Transportation Services. By providing the Yeyo Platform and Yeyo Services, we act as an online marketplace connecting Passengers and Drivers to help them move around cities more efficiently. You acknowledge that you provide the Transportation Services on the basis of a passenger carriage contract and that you provide the Transportation Services independently of Yeyo.
8.2. You acknowledge that no employment contract or employment relationship has been or will be established between us. You also acknowledge that there is no joint venture or partnership between us. You may not act as an employee, agent or representative of our company, or enter into any contract on our behalf.
8.3. You may not transfer to a third party the rights belonging to you and the obligations incumbent on you under the General Conditions or the Agreement.
9. PROCESSING OF PERSONAL DATA, ACCESS TO DATA
9.1. Your personal data will be processed in accordance with the Privacy Statement for the Togolese Republic available at the following address: https://Yeyocar.com/en/privacy/.
9.2. Yeyo has access to all personal data and other data provided or generated in connection with your use of the Yeyo Services. Yeyo will take all reasonable steps to maintain the confidentiality of such data and comply with all applicable privacy policies and laws where such data contains personal data. Unless otherwise required by applicable privacy policies and laws, Yeyo will retain access to this data even after the Agreement between you and Yeyo is terminated.
9.3. You have access to personal data and other data that you have provided or that has been generated in connection with your use of the Yeyo Services, to the extent that it is made available to you in your Yeyo Driver Account via the Yeyo Application. You must take all reasonable measures to ensure the confidentiality of this data and comply with applicable privacy policies and laws, to the extent that this data contains personal data concerning Passengers.
10. RESPONSIBILITY
10.1. The Yeyo Platform is provided “as is” and “as available”. We do not represent or warrant that access to the Yeyo Platform will be uninterrupted or error-free. To the extent that the use of the Yeyo Platform to request transportation services depends on the behavior of Passengers, we do not guarantee that your use of the Yeyo Platform will result in obtaining requests for Transportation Services .
10.2. We, as well as representatives, officers and employees of Yeyo, accept no liability for any loss or damage you may incur as a result of the use of the Yeyo Services, including but not limited to:
10.2.1. any direct or indirect material damage or any financial loss
10.2.2. any shortfall or loss of anticipated savings;
10.2.3. any loss of business, contracts, contacts, customers, any damage to reputation and any loss that may result from the interruption of activities;
10.2.4. any loss or inaccuracy of data; And
10.2.5. any other type of loss or damage.
10.3. Our financial liability for breach of the Terms and Conditions or the Agreement will be limited to 400 US dollars (or 400 US dollars converted to your local currency). You will only have the right to seek damages if we have willfully breached the Terms and Conditions or the Agreement.
10.4. We accept no liability for the actions or omissions of the Passenger or co-passengers and for any loss or damage you or your vehicle may suffer arising from the actions or omissions of the Passenger or co-passengers.
10.5. You will be fully responsible for any violation of the Terms and Conditions, the Agreement or any other applicable laws or regulations and shall cease and remedy such violation immediately upon receipt of the corresponding request from us or an authority. public. You must compensate us for any direct and/or indirect loss and/or damage, loss of profit, expense, penalty, fine that we may incur in connection with your violation of the General Conditions, the Agreement and the laws and regulations. If the Passenger submits any claims against us regarding your provision of Transportation Services, you must compensate us in full within 14 (fourteen) days from the moment we receive the corresponding claim. If we are entitled to submit claims against you, you must indemnify us for any legal costs relating to the assessment of damages and the filing of claims relating to compensation for such damages.
10.5 The limitations of liability set out in this clause 10 apply to the fullest extent permitted by law.
11. DURATION, SUSPENSION AND TERMINATION
11.1. The express provisions of these General Conditions come into force upon submission of the registration form. The Agreements and other terms become effective once the specific document or message has been made available to you and you begin or continue to provide Transportation Services on the Yeyo Platform.
11.2. You may terminate the Agreement at any time upon at least 14 (fourteen) days’ notice to Yeyo, after which your right to use the Yeyo Platform and Yeyo Services will be revoked. Yeyo may terminate the Agreement at any time and for any reason, in our sole discretion, upon at least 3 (three) days’ notice.
11.3. Yeyo has the right to immediately terminate the Agreement and block your access to the Yeyo Platform without notice if you violate the Terms or the Agreement, any applicable law or regulation, including any applicable license, if you disparage Yeyo or if , in Yeyo’s sole discretion, you cause harm to Yeyo’s brand, reputation or business. In the above cases, we may, at our sole discretion, prohibit you from opening a new Yeyo Driver Account.
11.4. We may also immediately suspend (block) your access to the Yeyo Platform and the Yeyo Driver Account for the duration of the investigation, if we suspect a breach of the Agreement, including a violation of any applicable license or the performance of fraudulent activity on your part. The blocking of access will be lifted if the investigation allows these suspicions to be ruled out.
11.5. We aspire to provide the highest quality service to all Passengers, which is why we monitor Driver activity on the Yeyo Platform. If you do not meet the minimum service requirements – based in particular on the minimum review and activity rating – we have the right to immediately suspend your account and/or terminate the Agreement without notice.
12. MODIFICATIONS
12.1. Yeyo reserves the right to make changes to these Terms and Conditions at any time by uploading the revised version to its website: (https://Yeyocar.com/legal/) and by communicating it to you (for example by email, via the Yeyo Application or the Yeyo Driver Account) each time, in Yeyo’s reasonable opinion, these modifications are significant.
12.2. Yeyo will provide at least 15 days’ notice (e.g. by email, via the Yeyo Application or Yeyo Driver Account) of changes to these Terms and Conditions, unless:
12.2.1. Yeyo is required to modify the General Conditions in accordance with a legal or regulatory obligation in a manner which prevents it from respecting the notice period;
12.2.2. an immediate modification is necessary to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or to protect the Yeyo Services, Passengers or Drivers against fraud, malware, spam or data breaches;
12.2.3. you have chosen to waive the notice (for example, you continue to use the Yeyo Services after receiving notice of the change); Or
12.2.4. in Yeyo’s reasonable opinion, the modifications are beneficial to the Drivers and do not require technical adjustments on their part.
12.3. If you do not agree to changes to the Terms and Conditions or other provisions of the Agreement, you have the right to terminate the Agreement by ceasing to use the Yeyo Services and providing notice of termination to Yeyo. Termination of the Agreement will be effective on the effective date of the proposed change, unless otherwise provided in your termination notice. If you continue to use the Yeyo Services after the effective date of the modification, you will be deemed to have accepted the new version of the General Conditions or the Agreement, and you will be bound by their provisions as modified.
13. APPLICABLE LAW AND JURISDICTIONAL JURISDICTION
14. NOTIFICATIONS
14.1. You are required to notify us immediately of any changes to your contact details.
14.2. Any notice required under the General Conditions and the Agreement will be considered sufficient if it is:
14.2.1. hand delivery;
14.2.2. sent by mail with acknowledgment of receipt;
14.2.3. sent by registered mail;
14.2.4. sent by email; Or
14.2.5. made available via the Yeyo Application or the Yeyo Driver Account.
14.3 Any notice sent or sent in accordance with the preceding clause is deemed to have been received:
14.3.1. in the case of personal delivery, at the time of delivery to the party;
14.3.2. if delivered by mail, on the date indicated by the courier service as the date on which the envelope containing the notice was delivered to the party;
14.3.3. if sent by registered mail, on the tenth day following delivery of the document to the post office for delivery to the party;
14.3.4. if it is made available via the Yeyo Application or the Yeyo Driver account, or
14.3.5. in the case of sending by e-mail, the day on which the party receiving the e-mail confirms having received it or the second day after sending the e-mail, provided that the sender has not received a message from error (indicating that the email was not delivered to the party) and that he sent the email again the following calendar day without receiving a similar error message.