1. About ProDriva and These Terms
1.1 ProDriva is a product of Dunn and Braxton Limited, a company registered with the Corporate Affairs Commission (CAC) of Nigeria. In these Terms, “ProDriva”, “we”, “us” and “our” mean Dunn and Braxton Limited trading as ProDriva.
1.2 ProDriva provides a Driver-On-Demand (Driver Rental) service. Through it, Clients book a professional Driver to drive the Client’s own personal or company vehicle — by the hour, by the day or on retainer — within Lagos and on agreed interstate trips within Nigeria.
1.3 These Terms govern every Booking of the Driver-On-Demand service, whether made on www.prodriva.ng, in the ProDriva app, by phone, by WhatsApp or by email. ProDriva Deluxe (car rental with a chauffeur) is covered by separate terms.
1.4 By making a Booking or using the Services, you confirm that you have read, understood and accepted these Terms. If you do not accept them, do not use the Services. If you book for a company or another person, you confirm that you have authority to bind them to these Terms.
2. Definitions
Agreement: these Terms together with the Privacy Policy and any written confirmation of a Booking.
Booking: a Client’s confirmed request for the Services for a stated date, time, duration and route.
Charges: the fees payable for the Services, including any agreed overtime and out-of-pocket costs.
Client: the individual or organization that books or uses the Services, including any Client Representative.
Client Representative: an adult the Client names in writing at Booking to be present in the vehicle in the Client’s place.
Driver: an independent professional driver whom ProDriva has vetted and approved and who is assigned to a Client through the Platform.
Engagement: the period from the Driver’s arrival at the agreed pick-up point to the handover of the vehicle back to the Client at the end of the Booking.
Incident: any accident, damage, loss, theft, breakdown, traffic offence, injury, dispute or misconduct that happens during an Engagement.
Platform: the ProDriva website, app, booking forms and approved communication channels.
Services: the Driver-On-Demand service described in clause 1.2.
Valuables: cash, jewellery, electronic devices, documents and any other item of value left in the vehicle.
Vehicle Information: the make, model, colour and year of the Client’s vehicle, vehicle registration number, together with the Client’s name.
3. Booking, Charges and Payment
3.1 Bookings must be made through the Platform or another channel ProDriva has approved. We recommend booking at least 24 hours in advance. A Booking is confirmed only when ProDriva confirms it in writing (SMS, WhatsApp, email or in-app).
3.2 At Booking, the Client must give the Vehicle Information, the pick-up point, the route and destination(s), the expected duration, and the name and phone number of any Client Representative. If the information given is inaccurate or incomplete, ProDriva may be unable to confirm or carry out the Booking, and the Client bears any risk or cost arising from the inaccurate or missing information.
3.3 Charges are quoted at Booking and depend on the service type, duration, time of day and route. ProDriva may revise its rates at any time, but a revision will not change the price of a Booking already confirmed.
3.4 Time beyond the booked duration is charged as overtime at ProDriva’s current rate. The Driver will confirm overtime with the Client at the end of the Engagement.
3.5 Payment for the Services must be made in full before the Driver leaves at the end of the Engagement, by bank transfer to ProDriva’s designated account or through the ProDriva wallet or online payment. ProDriva will confirm receipt of every payment. Clients must not pay any Driver directly, or into any Driver’s personal account.
3.6 Unless agreed otherwise at Booking, the Client pays for fuel, tolls, parking and similar trip costs. For overnight or interstate trips, the Client also provides or pays for the Driver’s reasonable meals, accommodation and return transport, as agreed at Booking.
4. Cancellation, No-Show and Driver Replacement
4.1 The Client may cancel a confirmed Booking free of charge up to 8 hours before the scheduled start. A cancellation made less than 8 hours before the scheduled start, or a no-show by the Client, attracts the cancellation fee advised at Booking. Where the Driver has already arrived at the pick-up point, or the trip has already set out, a cancellation attracts a charge of at least 30% of the Charges for the Booking as compensation.
4.2 ProDriva will not cancel a confirmed Booking without good reason. If ProDriva cannot fulfil a Booking, it will tell the Client as early as possible and offer a replacement Driver or a new time. Any amount the Client has prepaid will be refunded in full where no replacement is accepted.
4.3 Once the Engagement has started, the Driver is deemed accepted. A mid-trip replacement will be arranged only in an emergency, or where the Driver has breached clause 5.
5. Our Drivers and ProDriva’s Responsibilities
5.1 Drivers made available through the Platform are independent service providers. ProDriva has vetted, screened and approved each of them under its onboarding procedures. Drivers are not employees of the Client. They provide the Services through the Platform under ProDriva’s operational standards and service requirements.
5.2 ProDriva will:
(a) assign only Drivers who hold a valid Nigerian driver’s licence and have passed ProDriva’s identity, background, guarantor and driving checks;
(b) require Drivers to dress professionally, arrive on time, follow the agreed route and the Client’s lawful instructions, and treat the Client, passengers and vehicle with care;
(c) require Drivers to obey all traffic laws and not to drive under the influence of alcohol, drugs or fatigue;
(d) prohibit Drivers from using the vehicle for any personal purpose, carrying unauthorized passengers or goods, or leaving the vehicle unattended without reasonable precautions;
(e) maintain the cover described in clause 7 for the Engagement;
(f) investigate every complaint and Incident reported to it, and take corrective or disciplinary action where a Driver is found at fault;
(g) keep a record of each Engagement, including the Driver assigned, times, route and vehicle details.
5.3 ProDriva aims for a high standard of service. It does not guarantee that a particular Driver will meet every personal preference of a Client. A Client who is unhappy with a Driver should tell ProDriva promptly so the issue can be investigated.
6. Client Responsibilities
The vehicle
6.1 The Client must only book the Services for a vehicle they own or are authorised in writing to use.
6.2 The Client must make sure that the vehicle:
(a) is roadworthy, properly maintained and fit for the trip, with working brakes, lights, tyres and safety equipment;
(b) carries valid vehicle papers: registration, roadworthiness certificate, vehicle license and proof of ownership;
(c) has at least valid third-party motor insurance as required by Nigerian law (comprehensive cover is strongly recommended);
(d) has enough fuel for the trip, unless otherwise agreed.
6.3 The Client must tell ProDriva and the Driver, before the Engagement starts, about any known fault, warning light, pre-existing damage or special handling need. The Driver will record existing dents, scratches and damage at pick-up, and the Client should confirm that record.
Presence of the Client during the Engagement
6.4 Throughout the Engagement, the Driver may drive the vehicle only while the Client or a Client Representative is present in it. The Driver will not run errands, make deliveries, collect or drop off the vehicle, or make any trip alone.
6.5 An unaccompanied trip may go ahead only where the Client has first agreed it in writing with ProDriva. In that case the Client accepts that ProDriva will not be liable for any loss, damage, claim or Incident arising from the unaccompanied trip, and the Client bears all risk relating to it.
Conduct and lawful use
6.6 The Client and passengers must not:
(a) ask the Driver to break any traffic law, exceed speed limits, drive while fatigued, or drive beyond reasonable working hours without rest;
(b) use the Services for any unlawful, fraudulent or dangerous purpose;
(c) abuse, threaten, harass or harm the Driver, or detain the Driver beyond the agreed Engagement without consent;
(d) carry or ask the Driver to carry any contraband, weapons, illegal drugs or other items prohibited under Nigerian law.
6.7 The Client is fully responsible for any prohibited item found in the vehicle. ProDriva and the Driver accept no liability for any legal, criminal or financial consequence of such items. The Driver may refuse to continue an Engagement where they reasonably believe the trip is unlawful or unsafe; in that case, Charges for time already worked remain payable.
Valuables
6.8 Before the Engagement starts, the Client must point out to the Driver any Valuables left in the vehicle. ProDriva will not be responsible for the loss of any Valuable that was not brought to the Driver’s attention before the Engagement started.
Client warranties
6.9 By making a Booking, the Client confirms that:
(a) all Vehicle Information and Booking details given are true, complete and current;
(b) they have the legal capacity to enter into this Agreement;
(c) the Services will be used for lawful purposes only;
(d) where the vehicle belongs to a company or another person, they have authority to use it, and using the Services does not breach any legal or contractual obligation.
7. Insurance and Risk Allocation
7.1 ProDriva maintains insurance appropriate to the Services which, subject to its conditions and to the exclusions in clause 7.3, provides cover for ProDriva’s Drivers and for the Client’s vehicle during each active Engagement. This cover is arranged to give Clients reasonable protection and should not deter a Booking. It is not a guarantee that every loss will be met: all cover is subject to conditions, limits, exclusions and the acceptance of each claim.
7.2 ProDriva’s cover does not replace the Client’s own motor insurance. The Client remains responsible for maintaining at least the third-party motor insurance required by Nigerian law, and comprehensive cover is strongly recommended. Where the vehicle has its own comprehensive policy, that policy may be called on in the ordinary way.
7.3 What is not covered. ProDriva’s cover does not extend to, and ProDriva is not responsible for:
(a) mechanical, electrical or electronic breakdown, wear and tear, depreciation, or damage from overloading;
(b) damage to tyres alone, or theft of accessories or spare parts unless the whole vehicle is taken;
(c) dents, scratches or damage that existed before the Engagement;
(d) injury to or death of the Client, passengers or anyone else carried in, getting into or getting out of the vehicle;
(e) Valuables, personal belongings or goods carried in the vehicle;
(f) unaccompanied trips under clause 6.5, and trips outside Nigeria;
(g) loss caused by war, terrorism, political, communal or religious disturbance, nuclear risks or pandemics;
(h) consequential loss, such as loss of use, alternative transport or loss of income.
7.4 Passengers. The Client and passengers are not covered by ProDriva for personal injury. Clients should hold suitable personal accident or passenger cover of their own.
7.5 A Client is not responsible for a Driver’s accidental injury during an Engagement, unless the injury is caused by the Client’s wilful act or negligence, or by a vehicle defect the Client knew of and did not disclose.
7.6 Where the Client gives false or incomplete Vehicle Information, or breaches clause 6, any resulting loss is the Client’s responsibility and ProDriva bears no liability for it.
8. Accidents and Incidents
8.1 If an accident or other Incident happens during an Engagement:
(a) the Driver and the Client must report it to ProDriva immediately, and in any case within 24 hours;
(b) where it is safe to do so, take photographs of the scene and the vehicles, and collect the names and contact details of witnesses and other parties;
(c) report any theft, injury or criminal act to the police and obtain a police report;
(d) do not admit liability, promise payment or settle with any third party without ProDriva’s written consent; an unauthorized admission or settlement may prejudice any claim and is at the Client’s own risk;
(e) give ProDriva all documents, repair estimates, receipts and access to the vehicle that are reasonably requested;
(f) do not drive the damaged vehicle further, except to move it to safety, until it has been inspected.
8.2 ProDriva will handle any resulting claim and keep the Client informed. Whether a claim is met, and how it is settled, is subject to the conditions, limits and exclusions that apply and to the acceptance of each claim.
8.3 Where the Driver is at fault. If an investigation confirms the accident was caused by the Driver’s negligence, ProDriva will pursue the claim through its cover and will bear any applicable excess. Any part of the loss not met under that cover is borne by the Client or the Client’s own insurer, save that ProDriva may, at its discretion, contribute towards it.
8.4 Where the Driver is not at fault. If the accident was caused by a third party, the Client’s instructions, a vehicle defect, or events outside the Driver’s control, ProDriva has no liability. The Client bears any applicable excess and any uninsured loss, and ProDriva will help the Client recover costs from the responsible third party or the Client’s insurer.
8.5 Where a claim cannot be met because the Client gave false or incomplete Vehicle Information or breached clause 6, ProDriva bears no liability for the loss.
9. Vehicle Breakdown
9.1 ProDriva is not liable for any breakdown of the vehicle, howsoever arising and whether or not caused or contributed to by the Driver. If the vehicle breaks down before, during or after an Engagement, the Client is solely responsible for towing, recovery, diagnosis, repairs and all related costs, including the cost of returning the Driver.
9.2 The Client waives any claim against ProDriva or the Driver arising out of or connected with a breakdown, and will indemnify ProDriva against any third-party claim arising from it.
9.3 Time lost because of a breakdown remains fully chargeable.
10. Traffic Offences
10.1 Drivers must obey all traffic laws and regulations.
10.2 Where a traffic offence results from the instruction or influence of the Client or a passenger, the Client bears all fines and penalties.
10.3 Where an offence results solely from the Driver’s own misconduct, the fine is the Driver’s responsibility, and ProDriva will apply its internal disciplinary measures.
10.4 Fines and penalties arising from the vehicle itself — such as expired papers, a missing license or unroadworthiness — are the Client’s responsibility.
11. Personal Belongings and Loss of the Vehicle
11.1 ProDriva is not liable for the loss, theft or misplacement of personal items or Valuables left in the vehicle, except where a formal investigation clearly establishes that the loss was caused by the intentional misconduct of the assigned Driver and the item was declared to the Driver under clause 6.8 before the Engagement started.
11.2 ProDriva is not liable for loss caused by carelessness, third parties, robbery, carjacking or other criminal acts by others, or force majeure. Theft of the vehicle itself is handled through the claims process in clause 8.
11.3 Where the Driver is not found liable, ProDriva may still assist the Client’s recovery efforts by providing trip records, information and cooperation. This help is not an admission of liability.
12. Limitation of Liability
12.1 Subject to clause 12.3, and to the fullest extent permitted by Nigerian law, ProDriva is not liable for any indirect, incidental, special or consequential loss, including loss of profit, business, opportunity, data, reputation or use of the vehicle.
12.2 Except where clause 8.3 applies, and subject to clause 12.3:
(a) ProDriva’s own liability to the Client for any Incident — meaning any amount payable by ProDriva out of its own funds — is limited to the total Charges paid for the Engagement in which the Incident occurred;
(b) where ProDriva recovers any amount in respect of the Incident, whether under its insurance or from a third party, it will pay the Client so much of that recovered amount as relates to the Client’s loss; any such payment is made only as a conduit for funds ProDriva has received, and does not form part of, or increase, ProDriva’s liability under paragraph (a); and
(c) any amount the Client receives directly in respect of the Incident, whether from ProDriva’s insurer or from a third party, reduces what is otherwise payable under paragraphs (a) and (b), so that the Client does not recover more than once for the same loss.
12.3 Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot lawfully be limited.
13. Indemnity
13.1 The Client will indemnify and hold harmless Dunn and Braxton Limited, ProDriva, its directors, officers, staff, Drivers and agents against all losses, claims, fines, costs and expenses (including reasonable legal fees) arising from:
(a) the Client’s breach of these Terms or of any law;
(b) false, incomplete or misleading Vehicle Information or Booking details;
(c) contraband or prohibited items in the vehicle;
(d) the Client’s or a passenger’s misconduct, or instructions to the Driver to act unlawfully or unsafely;
(e) any unaccompanied trip made at the Client’s request under clause 6.5.
13.2 ProDriva may take legal action to recover any loss it suffers from a Client’s unlawful conduct or material breach of these Terms, including compensation it pays to third parties.
14. Driver Non-Solicitation and Direct Engagement
14.1 The Client must not, directly or indirectly, and whether through itself or through any employee, agent, relative, affiliate or other person or entity connected with it, employ, engage, solicit, contract, retain or otherwise obtain the driving services of any Driver who was introduced, assigned or made available to the Client through ProDriva, outside the ProDriva Platform, without ProDriva’s prior written consent. This applies however the contact arises, including where the Driver approaches the Client.
14.2 If the Client breaches clause 14.1 in respect of any Driver, at any time and regardless of how long after the Driver’s introduction, assignment or last engagement through ProDriva, the Client must pay ProDriva a non-refundable placement fee of ₦500,000 for each such Driver. The Client agrees that this sum is a fair and agreed amount reflecting ProDriva’s investment in sourcing, vetting and training its Drivers.
14.3 The placement fee is immediately due on that employment or engagement, whether the arrangement is temporary, permanent, full-time, part-time or contractual, and any amount unpaid after 7 days attracts interest at 5% per month until paid.
15. Intellectual Property
15.1 ProDriva and Dunn and Braxton Limited own all intellectual property in the Platform and the Services, including the ProDriva name, logo, prodriva.ng and all related trademarks. None of it may be copied, reproduced, modified or distributed without our prior written permission.
15.2 These Terms do not transfer any intellectual property to the Client. Third-party marks shown on the Platform belong to their owners.
16. Communications and Privacy
16.1 By booking, the Client agrees to receive communications from ProDriva by email, SMS, WhatsApp, phone call and in-app message, and must keep their phone number and email address up to date. Notices sent electronically have the same effect as notices in writing.
16.2 ProDriva collects and processes personal data and Vehicle Information under its Privacy Policy and the Nigeria Data Protection Act 2023. Booking and vehicle details may be shared with ProDriva’s service providers where needed to deliver the Services and handle any claim.
17. Changes to These Terms
17.1 ProDriva may update these Terms from time to time. Changes take effect when published on www.prodriva.ng and do not affect Bookings already confirmed.
17.2 Continuing to use the Services after a change means you accept the updated Terms. If you do not agree to a change, stop using the Services.
18. Governing Law and Disputes
18.1 These Terms are governed by the laws of the Federal Republic of Nigeria.
18.2 Complaints should first be raised with ProDriva at info@prodriva.ng. ProDriva will investigate and respond within a reasonable time. Disputes between a Client and a Driver arising from the Services will be investigated and resolved by ProDriva.
18.3 If a dispute cannot be settled amicably within 30 days, either party may refer it to mediation in Lagos. If mediation fails, the courts of Lagos State, Nigeria, have exclusive jurisdiction.
19. General
19.1 Force majeure: ProDriva is not liable for delay or failure caused by events beyond its reasonable control, including extreme traffic, flooding, civil unrest, road closures, strikes, government action and network outages.
19.2 Assignment: Neither party may transfer its rights or obligations under these Terms without the other’s written consent, except that ProDriva may transfer its rights and obligations to an affiliate or successor on written notice to the Client, provided the Client’s rights under these Terms are not thereby reduced.
19.3 Severability: If any provision is found invalid or unenforceable, the rest of these Terms remain in full effect, and the invalid provision will be replaced with one that best reflects its original purpose. Where a provision is found too wide to enforce, it applies to the narrower extent that is enforceable.
19.4 Entire agreement: These Terms, the Privacy Policy and any Booking confirmation form the entire agreement for the Services, and replace all earlier versions of ProDriva’s Terms and Conditions.
19.5 Interpretation: Headings are for convenience only. The singular includes the plural, and “including” means “including, without limitation”.
20. Contact Us
ProDriva, a product of Dunn and Braxton Limited
3/5 Imam Duada Street, off Eric Moore Road, Surulere, Lagos, Nigeria
Email: info@prodriva.ng · Phone: +234 701 777 7714 · Website: www.prodriva.ng
Acknowledgement
By booking or using the ProDriva Driver-On-Demand service, you confirm that you have read, understood and agreed to be bound by these Terms and Conditions.