Contractual Relationship
These Terms and the rest of the Agreement govern your access to and use of the ProDriva Services. Your use of the Service constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
By using the Service, you confirm that you have read, understood, and agreed to these Terms, as amended from time to time. If you do not agree with any updates to these Terms, you must stop using the Services immediately. If you are using the Services on behalf of a third party, such as a business entity, you warrant that you have the authority to bind that third party to these Terms.
- DEFINITIONS
For the purpose of this Agreement:
- Agreement – The legally binding contract formed by these Terms and all related policies, including the Privacy Policy.
- Booking – the confirmation of a request by a Client to engage the Services.
- Charges – Fees payable for Services booked via the Platform.
- Client – Person(s) or legal entity who engages ProDriva’s services.
- Content – Any material available on the Platform, including but not limited to text, images, videos, and other data.
- Dispute – Any disagreement or issue arising from the use of the Services.
- Driver – An individual employed by ProDriva to provide professional driving services to Clients.
- Driver Services – Driving and concierge services provided by Drivers employed by ProDriva through the Platform.
- Incident – Any event involving the Driver Services, including misconduct, or any accident, dispute, delay, violation, or event affecting the execution of the Services.
- Losses – Any liabilities, damages, penalties, legal fees, or expenses incurred.
- Platform – The digital infrastructure; the website, the form, used to facilitate the connection between Prodriva and Clients.
- Privacy Policy – The policy governing how personal data is collected, processed, and stored, available on the Platform.
- Terms – These Terms and Conditions.
- Vehicle Information – Data provided by Clients about their vehicle, including make, model, and registration details.
- CHANGES TO THE AGREEMENT
2.1 ProDriva may update these Terms at any time at its sole discretion. While we may attempt to notify Users of changes, continued use of the Platform constitutes acceptance of any modifications.
2.2 Any changes will take effect once published on the Platform. It is your responsibility to review these Terms regularly.
2.3 If you do not agree to any updates, you must stop using the Platform immediately.
- ABOUT PRODRIVA
3.1 ProDriva is a professional driver-on-demand platform that connects Clients with trained and vetted Drivers employed directly by ProDriva. The Platform enables Clients to book Drivers to operate their personal or company vehicles.
3.2 All Drivers on the Platform are employees or contracted staff of ProDriva. They are not independent contractors or third-party service providers. When a Client books a Driver, the service is rendered by ProDriva through its employed Driver.
3.3 ProDriva maintains responsibility for the conduct, professionalism, and performance of its Drivers. We provide regular training, supervision, and monitoring to ensure high service standards.
3.4 While ProDriva makes efforts to ensure the safe and competent delivery of Driver Services, Clients are still responsible for ensuring their vehicle is roadworthy, fully insured, and meets all legal and safety requirements.
3.5 ProDriva does not provide vehicle insurance. Any damage, loss, or mechanical issue occurring during the use of a Client’s vehicle remains solely the Client’s responsibility.
- USER REQUIREMENTS AND CONDUCT
4.1 Clients shall only book Driver Services for vehicles they own or are duly authorized to use.
4.2 Clients must ensure that: a. The vehicle is covered by valid and adequate motor insurance which extends to the use of the vehicle by third-party drivers. b. The vehicle is in roadworthy condition and meets all applicable legal and safety requirements.
4.3 Clients must not: a. Engage in any fraudulent, abusive, or illegal activity in connection with the Service. b. Engage in any conduct that causes harm, inconvenience, or disruption to ProDriva staff (including Drivers).
4.4 Vehicle Breakdown
If a vehicle breaks down during a trip, the Client shall be responsible for all related costs, including towing, diagnosis, repairs, and resulting liabilities. However, where it is established that the breakdown arose directly from the negligent act or omission of a ProDriva-assigned Driver (and not mechanical failure or pre-existing condition), ProDriva shall bear such cost to the extent of the driver’s proven negligence.
4.5 Accident Policy
- All accidents must be promptly reported to ProDriva.
- Where an accident is investigated and confirmed to have arisen from the negligent driving of a ProDriva-assigned Driver, and the resulting damage is not covered by any applicable insurance, ProDriva shall contribute up to ₦100,000 toward repairs.
- Any repair cost exceeding ₦100,000 shall be borne by the Client.
- ProDriva shall bear no liability where the accident is not attributable to the driver.
4.6 Traffic Violations
- Drivers are expected to comply with all traffic laws and regulations.
- Where a traffic violation occurs due to the direct instruction or influence of the Client or the Client’s representative, the Client shall bear full responsibility for all penalties.
- Where a violation occurs solely due to the driver’s independent misconduct, the responsibility for the penalty shall rest with the driver, and ProDriva will enforce internal disciplinary measures as applicable.
- ProDriva’s liability shall not extend beyond the confirmed actions of the driver.
4.7 Loss of Personal Belongings or Vehicle
- ProDriva shall not be liable for the loss, theft, or misplacement of any personal items or valuables left in the Client’s vehicle, except where a formal investigation clearly establishes that such loss was caused by the intentional misconduct of the assigned Driver.
- As a condition precedent to any claim for loss, the Client shall provide ProDriva with a written inventory of all personal items and valuables contained in the vehicle before the commencement of each trip. Where no such inventory is provided, ProDriva shall not entertain or process any claim whatsoever relating to missing or damaged items. These items shall also be confirmed visually by the driver prior to commencement.
- Where the Driver is not found liable, ProDriva may, at its discretion, assist the Client by providing relevant information, access logs, or cooperation to aid recovery efforts, but such assistance shall not be construed as an admission of liability.
- For clarity, ProDriva shall not be liable for negligence, carelessness, inadvertence, third-party acts, force majeure events, or criminal acts such as robbery or carjacking.
4.8 Contraband and Prohibited Items
Contraband refers to items prohibited under Nigerian law. The Client shall be fully responsible for any prohibited items found in the vehicle. ProDriva shall not be liable for any legal, criminal, or financial consequences arising from the presence of contraband.
- User Warranties 5.1 By accessing or using the Platform and/or engaging ProDriva’s Driver Services, you warrant that: (i) all Vehicle Information provided is true, complete, and up to date; (ii) you have the legal capacity to enter into and be bound by this Agreement; (iii) your use of the Services is for lawful and personal purposes only; (iv) your conduct complies with all applicable laws and ProDriva policies; (v) in cases involving corporate-owned vehicles, you have appropriate authorization and your use of such vehicle for ProDriva’s Services does not breach any legal or contractual obligations.
- Booking and Payments
6.0 Payment Terms
- All service requests must be submitted through ProDriva-approved communication channels.
- The previous 25% advance payment requirement is removed.
- Payment for each trip shall be made at the end of the trip via cash or transfer to the designated ProDriva account, with confirmation provided to the Client.
- Price revisions shall not affect already confirmed bookings.
- Cancellation terms shall apply to both parties fairly; ProDriva will not cancel trips arbitrarily.
6.1 All requests for Services must be submitted through designated communication channels approved by ProDriva.
6.2 A minimum advance payment of twenty-five percent (25%) of the estimated service fee is required to confirm a Booking. The advance is non-refundable unless ProDriva is unable to fulfill the Booking.
6.3 The balance of the Charges shall be paid promptly upon completion of the Trip, either in cash or via electronic transfer as directed by ProDriva. With confirmation to be provided by the Driver.
6.4 ProDriva reserves the right to revise Charges at its sole discretion and without prior notice, provided that any such changes shall not affect confirmed Bookings. 6.5 Cancellation of any confirmed Booking within 4 hours of the scheduled Trip shall attract a cancellation fee as determined by ProDriva.
6.6 At the point of commencement of the Service, the Client reserves the right to reject the assigned Driver, provided that such rejection is communicated immediately upon the Driver’s arrival and prior to the commencement of the trip. In such instance, ProDriva shall endeavor to assign a replacement Driver subject to availability. Where a replacement is not immediately available or the Client elects to cancel the booking entirely, such cancellation shall not attract any penalty or no-show charge. Once the trip has
commenced, the assigned Driver shall be deemed accepted by the Client, and no replacement shall be accommodated mid-service.
- Intellectual Property
7.1. ProDriva retains ownership of all intellectual property rights related to the Platform and Services, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics, and logos used in connection with the Platform and the Services may be the trademarks of other third parties. The Agreement does not transfer from us to you any ProDriva or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us or the relevant third party (as applicable). We reserve all rights that are not expressly granted to you under the Agreement.
7.2. Specifically, ProDriva, ProDriva.com, and all other trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Service are trademarks of ProDriva and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from ProDriva.
7.3. If you believe that any material located on or linked to the Platform violates your copyright, please notify us.
- Communications
By becoming a Client, you agree to receive communications from us, including via email, text messages, calls. For contractual purposes, you (i) consent to receive communications from us in electronic form via email, SMS, calls; (ii) undertake to submit a valid and active email address and phone number via the Platform and ensure that the registered email address and phone number are updated as necessary; and (iii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing.
- Disclaimers
9.1. The Services are provided “as is” and “as available.” ProDriva disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Terms, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except as required under applicable law.
9.2. ProDriva employs Drivers and is committed to ensuring that they are professionally trained, duly licensed, and qualified to provide the Services. While we strive to maintain high service standards, we do not guarantee that each individual Driver will meet every personal expectation. However, ProDriva accepts responsibility for the conduct, performance, and actions of its Drivers while performing services under this Agreement.
9.3. You acknowledge that the Services may occasionally be interrupted or temporarily unavailable due to technical issues, or causes beyond our reasonable control.
- Limitation of Liability
10.1. To the fullest extent permitted by applicable law, ProDriva shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profits, data, business, reputation, or goodwill, arising out of or in connection with your use of the Services or the Platform.
10.2. By reason of using the Service, Clients agree that they have minimum 3rd-Party motor insurance and personal property insurance as appropriate when engaging the Service.
- Indemnity
11.1. You agree to indemnify and hold harmless ProDriva and its directors, officers, employees, and agents from any losses, liabilities, damages, claims, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- your breach of this Agreement or any applicable laws;
- your submission of false, misleading, or defamatory content;
- your misconduct or unlawful behavior during the course of using the Services.
11.2. The Client assumes full responsibility for any injury, property damage, or loss caused by incurred by Drivers while performing their duties within the scope of the Service.
11.3. You acknowledge that ProDriva is responsible for ensuring that all employed Drivers are licensed and compliant with applicable Nigerian laws and regulations. You are not expected to verify the eligibility or background of Drivers provided through the Platform.
11.4. Any disputes or conflicts between you and a Driver in connection with the Services will be investigated and resolved by ProDriva.
11.5. ProDriva reserves the right to take legal action to recover any losses or damages it incurs as a result of your unlawful conduct or material breach of this Agreement, including compensation paid to third parties resulting from such conduct.
- Governing Law and Dispute Resolution
12.1. This Agreement and your access to or use of the Platform or Services are governed by the laws of the Federal Republic of Nigeria.
12.2. Both ProDriva and the User will endeavor to amicably settle any dispute arising from the Agreement or any Service. If an amicable resolution is not possible, the courts of Nigeria shall have exclusive jurisdiction to resolve the matter.
- Other Provisions
Notice
13.1. ProDriva may deliver notices to you via electronic mail to the address provided. You must send any notices to ProDriva via email to [email protected].
General
13.2. You may not assign or transfer your rights or obligations under this Agreement without ProDriva’s prior written consent. ProDriva may assign or transfer its rights and obligations, including to a subsidiary, affiliate, or third-party acquiring shares or assets.
13.3. If any provision of this Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions will continue in full effect. The parties shall replace the unenforceable provision with one that reflects the intended purpose.
Interpretation
13.4. Headings in this Agreement are for convenience and do not affect the meaning of any provision.
13.5. Terms used in the singular shall include the plural and vice versa, and references to one gender include all genders.
13.6. The words “hereof,” “herein,” and “hereafter” refer to the entire Agreement. “Including” means “including, but not limited to.”
Contact Us
13.8. For any questions or concerns regarding the Agreement or Services, please contact ProDriva at [email protected].
Acknowledgment
You acknowledge that you have read, understood, and agreed to be bound by these Terms.
Conclusion
For the avoidance of doubt, the parties agree that the provisions of this Letter shall, to the extent of any direct inconsistency, supersede the corresponding provisions of the Prodriva Terms and Conditions strictly in relation to the limited subject-matter addressed herein, namely:
- the temporary operational arrangement for the use of a designated driver; and
- Prodriva’s limited responsibilities under this arrangement.
This clarification is adopted solely for administrative convenience and to ensure smooth coordination of this specific engagement. All other provisions of the Terms and Conditions remain valid, binding, and fully enforceable.
