Terms of Services

Introduction :

Folo is an innovative ride-hailing application that offers registered users the opportunity of multiple ride solutions including taxi and tricycle services on the same platform. The Company Folo Limited is registered with The Corporate Affairs Commission of Nigeria, is the holder of rights and service provider of the Folo app; and various other services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the service in any way, you agree to comply with the TOU and any applicable posted guidelines for all services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Folo Limited. In any way, your only recourse is to immediately discontinue use of Folo Limited. Folo Limited has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3.PRIVACY AND INFORMATION DISCLOSURE

You can browse our sites without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers. We may collect and store the following personal information:

  • Email address, physical contact information, phone numbers.
  • Transactional information based on your activities on the sites (such as purchasing, item and content you generate or that relates to your account);
  • Shipping, billing and other information you provide to purchase or ship an item
  • Community discussions, chats, dispute resolution, correspondence through our sites, and correspondence sent to us;
  • Other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • Information from other companies, such as demographic and traffic data

Also for financial information, payment gateway terms and conditions apply

4. Use

Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:

  • Provide the services and customer support you request;
  • Resolve disputes, collect fees, and troubleshoot problems;
  • Prevent potentially prohibited or illegal activities, and enforce our User Agreement;
  • Customize, measure and improve our services, content and advertising;
  • Other information from your interaction with our sites, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • Information from other companies, such as demographic and traffic data
    • Tell you about targeted marketing, service updates, and promotional offers based on your communication preferences; and
    • Compare information for accuracy, and verify it with third parties.

You further acknowledge and agree that Folo Limited may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to;

  • Comply with legal process;
  • Enforce the TOU;
  • Respond to claims that any Content violates the rights of third-parties;
  • Respond to claims that contact information (e.g. phone number, street address) of a third-party has been
  • Posted or transmitted without their consent or as a form of harassment;
  • Protect the rights, property, or personal safety of Folo Limited., its users or the general public.
5. CONDUCT
  1. That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
  2. That is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
  3. That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  5. That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
  6. That impersonates any person or entity, including, but not limited to, a Folo Limited employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
  7. That includes personal or identifying information about another person without that person's explicit consent;
  8. That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
  9. That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  10. That constitutes or contains "affiliate marketing," "link referral code,""junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
  11. That constitutes or contains any form of advertising or solicitation if: posted in areas of the Folo Limited sites which are not designated for such purposes; or emailed to Folo Limited users who have not indicated in writing that it is alright to contact them about other services, products or commercial interests.
  12. That includes links to commercial services or web sites, except as allowed in "services";
  13. That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  14. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

    15. Additionally, you agree not to:

  15. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
  16. collect personal data about other users for commercial or unlawful purposes;
  17. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly Folo Limited;
  18. attempt to gain unauthorized access to Folo Limited computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Folo Limited app, website; or
6. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Folo Limited email addresses or through Folo Limited computer systems is expressly prohibited. Any unauthorized use of Folo Limited computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal

7. TERMINATION OF SERVICE

You agree that Folo Limited, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if Folo Limited, believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Folo Limited shall not be liable to you or any third-party for any termination of your access to the Service.

8. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Folo Limited. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Folo Limited, and agree to abide by all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service

9. DISCLAIMER OF WARRANTIES

You agree that use of the Folo Limited app, website and the service is entirely at your own risk. Folo Limited app, website and the service are provided on "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Folo Limited disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Folo Limited site and the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10. LIMITATIONS OF LIABILITY

Under no circumstances shall Folo Limited be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Folo Limited has been advised of the possibility of such damages), resulting from any aspect of your use of the Folo Limited site or the service, whether the damages arise from use or misuse of the Folo Limited site or the service, from inability to use the Folo Limited site or the service, or the interruption, suspension, modification, alteration, or termination of the Folo Limited site or the service.

11. INDEMNITY

You agree to indemnify and hold Folo Limited, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, Including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

12. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Folo Limited and govern your use of the Service, superseding any prior agreements between you and Folo Limited. The failure of Folo Limited to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU, by flagging the posting(s) for review. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Folo Limited to pursue legal action to enforce these Terms, you will be liable to pay Folo Limited. The following amounts as liquidated damages, which you accept as reasonable estimates of Folo Limited damages for the specified breaches of these Terms:

  1. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Folo Limited for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
  2. If you send unsolicited email advertisements to Folo Limited email addresses or through Folo Limited computer systems, you agree to pay Folo Limited for each such email.
  3. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Folo Limited express written permission, you agree to pay Folo Limited for each day on which you engage in such conduct. Otherwise, you agree to pay Folo Limited actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Folo Limited retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
14 USING THE FOLO APP
  • The use of the Folo app requires installation of the software and registration of a user account. During the installation of the Folo app, the mobile number of the Folo service user is linked to the respective user account and added to the database.
  • When using the Folo app, the user can choose whether he/she wishes to pay in cash or via in-App payment options for the transportation service to the driver.
  • Any complaints can be sent to our support team via email info@folo.com.ng, support@folo.com.ng, hrough the Folo App by using help chat line or contact us on www.folo.com.ng
  • The intermediation of card payments in the Folo app is carried out through Paystack pursuant to the following Terms & Conditions.https://paystack.com/terms
  • If the Folo app user requests a service and the driver has confirmed the receipt of service then the transportation is considered pre-ordered.
  • Cancelling the use of an ordered transportation is the situation where the driver has been notified about the receipt of an order and the Folo app user waives the use of the transportation service after a notice has been received.
  • Cancelling the use of an ordered transportation is also considered to be the situation where the user of the Folo app or people whom the transportation was ordered for do not appear in the vehicle within 10 minutes as of the time when the driver notified them about the arrival of the vehicle in its destination.
  • In case of cancelling the transportation service the Folo app user is required to pay 1000 Naira as a penalty fee. In the event that the Folo user notifies about the cancelling of transportation service within 5 minutes as of receiving of the notification concerning the receipt of the order through Folo, the user does not have to pay the penalty fee.
  • In the case of a user not showing up at all and not cancelling within the allowable period, the user will be liable to pay the ‘No-Show’ penalty (50% of the calculated fare). The amount will be deducted from the users wallet.
  • In the case of a driver not showing up at all and not cancelling within the allowable period, the driver will be liable to pay the ‘No-Show’ penalty (Minimum 1000 Naira or 50% of the calculated fare, whichever is greater). The amount will be deducted from the users wallet.
  • We have the right to revoke the right to use the app if the user has waived the use of transportation service on 3 successive instances in one 24 hour period. In that case the app notifies the user about the number of cancellations and after waiving the 3rd time, Folo cancels the usage right. Folo usage right can be cancelled for up to six months. After that the user can reactivate his/her user account by contacting the local team via email. Access to app can also be revoked based on harassment, providing false information/allegations and engaging in any criminal activities.
  • In case of any faults in the software, we shall endeavour to correct them as soon as possible, but please keep in mind that the functionality of the app may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the app at all times. We shall also accept no liability for any losses incurred because of the Folo app not functioning or not being usable in the desired manner. If the customer's right to use the app is cancelled, the corresponding non-exclusive licence shall also be repealed.
  • As the Folo app is primarily a link between customers and transportation service providers, Folo cannot influence or take any responsibility for the quality or defects of the service. Driver-partners are not employees and for this reason, we are unable to guarantee consistently accurate and faultless provision of transportation services located via Folo. For resolving complaints please contact our support team
  • A rider must be 18 and above to register and ride. If a rider in under the age of 18, he or she must be accompanied by someone who is 18 years or older. Unaccompanied minors are not to be in rides and Folo bears no liability for unaccompanied minors.
  • A rider must be accountable for their items during a ride.
  • Folo would help to recover lost and forgotten items only in the event that these items are found by the driver-partner and taken to the Folo office. Furthermore, these recovered items that have been taken to the Folo office have a 14-day time span to be retrieved after which Folo will not be held liable for them.
  • Folo users consent to add their personal data from the app to the Folo database and to forward the personal data to transportation service providers in accordance with Folo’s Privacy Policy
  • Folo to send marketing messages and authentication codes through SMS messages.
  • Folo shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy and to relinquish the database to third parties. We may notify users of changes to Terms and Conditions and Privacy Policy.
  • Folo shall be entitled to transfer the database of personal data to third parties without prior notification of the app users. In case of a transfer of the business or the database, the rights and conditions arising from this licence agreement shall be transferred as well.
  • Folo shall be entitled to forward personal data and bank data to credit card and mobile payment intermediaries.
  • Folo allows the use of various modes of payments i.e Cash, card payment and Folo wallet. Folo bears no liability on damages that may occur outside the outlined acceptable payment methods.
  • Folo is committed to contributing to improvement of the quality of transportation services. For this reason, we continuously collate ratings and ask to fill out a feedback form in the Folo app. This enables us to offer suggestions to the transportation service providers for improving the quality of their service.
  • As Folo is not a provider or broker of the transportation service, we are unable to influence the quality of the transportation service. Any issues with defects or quality of the transportation service shall be resolved in accordance with the rules and regulations of the transportation service provider or the relevant supervisory authority.
  • Folo shall make every effort to ensure that only drivers, who have integrity and are respectful of their profession and customers, use the Folo app.
  • Folo is in no position to guarantee that every provider of transportation services, located via the Folo app, always satisfies the criteria. If you experience objectionable transportation service, please notify the company responsible for the service, a supervisory authority or our support team
  • Folo has the right to void any discount codes and block rider accounts if it suspects any fraudulent activities and charge the rider for the damages caused.
  • If a user makes an allegation against a Driver-partner especially in events where details of partners are shared online, Driver-partners reserve the right to seek legal redress and may pursue legal recourse against damages to their character.
  • In the event that we receive a complaint, which has an element of the commission of a crime by a transport service provider, the Customer shall make a formal complaint to the Nigerian Police Force, an report is tendered, and the transport service provider shall cooperate with the Nigeria Police Force in ensuring that the allegations contained in the complaint are diligently investigated.
  • We expect that the users of the Folo app use the app in good faith and are respectful of other users of the app