Last Updated May 19, 2024
Our Legal Terms and Conditions of Service Policy governs the conditions of services of (the black ride, “TBR”) with the service providers – Drivers (Captains) and Passengers (Clients) who use the Apps located at https://www.theblackride.com and sub-domains and any associated web-based and mobile applications located on the google play and apple stores (collectively, “System”), as owned and operated by the black ride.
This Terms of Service and Conditions, and other posted agreements and guidelines within our System, (collectively “Legal Terms”) provides the working framework of the terms and conditions for all Captains and Clients. The latest copies of our Legal Terms is posted on our Website, and you should review all Legal Terms prior to using our Services. After any revisions to our Legal Terms are made, they will be updated of the website with a last updated date. Should you choose to disagree with the revision, you will register your disagreement by requesting TBR to disable your profile else be bound to any updated directives and revisions of the Legal Terms. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
By accessing this System, you are agreeing to be bound by these Legal Terms and all applicable laws and regulations and agree that you are responsible for compliance of the terms put forth with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our services. The content of our System are protected by applicable copyright and trademark laws.
Definitions
General Terms of Service
Electronic Access and Communication
You are interacting with TBR when you access https://www.TBR.com or the download TBR applications from the google play and apple app stores, or send out emails to support@TBR.com. In doing so you consent to receiving interactions from us online. We could connect with you via email, text messages, website and push messages with our mobile Apps. Please note that all contracts, notifications, disclosure, and various other communications that we provide to you digitally via any of these means are regarded as received by you.
Verification and Authorization
Captains and Clients of TBR are required to provide a reasonable amount of Personal Identifiable Information (“PII”) which include profile photos to ensure that Captains and Clients are who they say they are and are authorized to participate in the local ride hailing economy. We require further verification particulars (National ID) of both Captains and Clients during the account creation process to identify Clients as Verified or Unverified. We reserve the right to collect and approve such data to ensure a more secured ride hailing economy that promotes safety and security of our Captains and Clients. As it stands, Clients have the option of entering their National IDs and also upload their copies of their National IDs to create an account which will be verified be manually verified together with the profile picture uploaded to set the status of the client as a verified Client.
On the Captains App, the National ID serves as a secondary form of verification to create a Captain Account. This is secondary verification is strongly encouraged by not required to create a Captain’s Account.
Your Account
When you access TBR apps as a Captain or a Client, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account. TBR secures access to the apps via mobile numbers and passwords known only to the Captain or Client and can be reset with a randomized One Time Password (OTP) sent to the registered mobile number of the interested account.
You may not use another Captain’s account to impersonate the entity, or otherwise deceive as to the origin of service requests or service provision. We reserve the right to take action against the holder of such account.
Transparency
We ensure the display of the following important pieces of information for every incoming trip to the Captain to enable him/her make informed decisions before picking up the trip.
In addition to the above, the verification status of the Client is reported to the Captain during the ride request. Client’s whose status have not been verified by TBR have their unverified status reported at the time of a request with a white exclamation mark in a red circle next to the request ID on the Captain Request Screen. The Captains have the sole right to respond to such requests. This improves the security outlook on the ride hailing economy and provides the confidence required for Captains to accept ride requests from only verified customers. Captains are encouraged to exercise judgment when requests emanate from flash areas with the guidance provided with the verification status of the clients. Captains therefore can make informed decisions when accepting requests that have unverified Client markings on them. We are committed to improving the services on TBR to ensure the safety and security of our Clients and Captains.
Long Pickup Distance
On TBR, we commit to presenting client’s trip requests to Captains within 5 km distance radius or better. In order to ensure that Captains are not making long pickup distances for short trips, we will continually engage in the services of more Captains to ensure a Captain is at most 3 km away from a Client’s request.
Recognition of Unions
On TBR, we commit to and encourage fair representation of Captains through DDU. We recognize everyone’s right to association and thus the choice to join any DDU at will. This will enable the platform to engage with a collective body to help grow the ecosystem via the engagement of an organized body for better conditions of service.
In order to improve and ensure a clean ride hailing economy, TBR encourages potential Captains to register with local ride hailing Associations such as THINK AHEAD amidst others that may wish to sign the MOU with TBR and Unions such as GODU – Ghana Online Drivers Union, ODUG – Online Drivers Union, Ghana and all other unions that are nationally recognized by NADDU – National Alliance of Digital Driver Unions and all other unions who wish to sign the MOU with TBR to ensure that Captains being on boarded are identifiable and recognized by a body in order to provide a secured ride hailing economy. TBR welcomes all unions and associations onto the platform to work together for the improvement of conditions necessary for economic growth.
Night Driving
On TBR, we believe that Captains should be fairly compensated for services provided. In order that services are made available through late hours of the day, we commit to offering Captains better pricing commensurate with rides offered on the platform working late into the night. This will be reflected with trips between 9pm and 5am.
Fair Treatment
A unionized body ensures the interests of the professionals on the platform are well protected and represented formally in order to protect the integrity of the growing local ride hailing economy devoid of marginalization and exploitation. It also extends support to determine fair wages and fares that govern the local ride hailing economy through scientific research and data collection methodologies that provide information pertinent to steering the cause of the professionals providing their services within the local ride hailing economy. We regularly engage the TBR Union Support Group in determining, promotional discounts and fares that are charged on TBR so they are commensurate with local fares and reflective of the expenditure required on the market to maintain the integrity and reliability of services on the platform. It is to this end, that TBR achieves the balance of being profitable to Captains and fair to Clients.
Transactional Fees
On TBR we commit to setting fixed transactional fees per trip irrespective of the monetary value of trips made. At any time, market forces determine that we move away from such model, management will engage the DDUs to work out a fair transactional fee that will not be detrimental to TBR and the conditions of service of the Captains on the platform.
Equality, Inclusion and Anti Discriminations
We committed to not discriminating against users of our platform based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. We strictly prohibit discrimination against Clients and Captains based on the categories listed above, including in personal interactions, reviews, ratings, and the provision and acceptance of services on TBR platform.
Any client found to have violated this provision will enjoy a fair hearing from TBR for final determination in consultation with the union leaders and representatives who are on the TBR Union Support Group after which a determination will be implemented. We commit that we will not suspend any Captain’s account without a fair hearing within 2days of the violation expect for matters of grave harassment and security to forestall future recurrences pending the hearing. Any Client/Captain who has experienced discrimination will be able to contact human representatives of our platform for timely assistance via our hotline on 0501050505, to appeal decisions and report incidents including assault, abuse, or any form of harassment via the HELP section of TBR app, the SOS button whiles on a trip or via the contact us section of https://www.TBR.com with the option to remain anonymous. The Clients/Captains further have access to the WhatsApp Hotline 0501050505 for timely assistance, support and intervention.
In addition to addressing discrimination, we are actively committed to investigating and dismantling barriers to equal participation on the platform for underrepresented or disadvantaged groups in Ghana. Moreover, we commit to ensuring wherever possible that the design, operations, and management of our platform does not contribute to unequal or discriminatory outcomes.
If you have feedback on how we can better live up to this policy, you can provide it on the contact us section of https://www.TBR.com with the option to remain anonymous Or via our WhatsApp Support Line 0501050505. We will respond within 48hours, including outlining any relevant steps taken in line with feedback.
General Legal Provisions
Restricted Uses
Listing of offered products on the System could be used only for lawful purposes by Clients and Captains. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of TBR and its sub domains and services without express composed consent. You may not use any meta tags or any various other “unseen text” utilizing TBR’s or the TBR name or trademarks without the express written consent of TBR. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of TBR, in other way that is likely to trigger confusion among consumers, that disparages or challenges TBR or its licensors, that dilutes the strength of TBR’s or its licensor’s residential property, or that otherwise infringes TBR’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that TBR develops to generate or show any Material of the pages making up the Website is likewise secured by TBR’s copyright, and you may not copy or adjust such code. TBR has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below. If alerted by a User of any products which allegedly do not conform to these Terms, TBR could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. TBR has no liability or duty to Individuals for efficiency or nonperformance of such activities.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. TBR reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Modifications
TBR may revise these Legal Terms at any time with or without notice. By using this System you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to TBR’s Website shall be governed by the laws of Ghana without regard to its conflict of law provisions, and you consent to exclusive jurisdiction and venue in such courts.
Our Legal Terms shall be treated as though it were executed and performed in Ghana and shall be governed by and construed in accordance with the laws of Ghana without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of TBR under our Legal Terms shall survive the termination of our Legal Terms.
Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on TBR’s Website could include technical, typographical, or photographic errors. TBR does not warrant that any of the materials on its Website are accurate, complete, or current. TBR may make changes to the materials contained on its Website at any time without notice. TBR does not, however, make any commitment to update the materials.
Links to Other Websites
Our System may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our System does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. TBR has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party system at your own risk.
Indemnity
You accept to defend, indemnify, and hold safe TBR, its affiliates, and their corresponding officers, directors, agents, workers, from and against any claims, actions or demands, including without limitation of affordable, legal, accounting, and other provider charges, affirming or resulting from:
(i) Any content of most material you offer to the Site,
(ii) Your use of any Content, or
(iii) Your breach of the terms of these Terms of Conditions of Service or Use.
TBR will provide notice to you promptly of any such claim, match, or case.
Disclaimer
THE Website AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS Website ARE PROVIDED BY TBR ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TBR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS Website IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, TBR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. TBR DOES NOT WARRANT THAT THIS Website ; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM TBR ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. TBR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Website OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL TBR’s LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE Website OR YOUR USE OF THE Website, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, ORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.00 – ONE HUNDRED US DOLLARS, ZERO CENTS.