Terms of Use

Last Updated: November 29, 2024

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and TukTuk Baghdad ("TukTuk," "we," "us," or "our") governing your access to and use of the TukTuk mobile application and related services (collectively, the "Service").

2. Description of Service

TukTuk provides a technology platform that connects riders seeking transportation with independent tuk-tuk drivers. Our Service includes:

• Mobile application for booking rides
• Real-time ride tracking and navigation
• Payment processing
• Rating and feedback system
• Customer support

3. Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

4. User Accounts

4.1 Account Creation

To access our Service, you must create an account by providing:

• A valid phone number for verification
• Accurate personal information
• Valid payment information (for riders)

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4.3 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Harass or endanger drivers, riders, or staff
• Provide false or misleading information

5. Rider Terms

5.1 Booking Rides

When booking a ride through TukTuk:

• You agree to the estimated fare shown before confirming
• Final fares may vary based on route, traffic, or waiting time
• You must be present at the pickup location when the driver arrives
• You may cancel a ride subject to our cancellation policy

5.2 Rider Conduct

As a rider, you agree to:

• Treat drivers with respect and courtesy
• Not damage the vehicle or property
• Wear seatbelts where available
• Not carry prohibited items (weapons, illegal substances, hazardous materials)
• Not exceed the vehicle's passenger capacity
• Not engage in illegal activities during the ride

5.3 Payment

You agree to pay for all rides you book, including:

• Base fare and distance/time charges
• Any applicable surge pricing during high demand
• Tolls, fees, or surcharges where applicable
• Cleaning fees if you damage or soil the vehicle

6. Driver Terms

6.1 Driver Requirements

To become a TukTuk driver, you must:

• Be at least 21 years of age
• Hold a valid driver's license
• Own or have authorized access to an eligible tuk-tuk
• Pass our background verification process
• Maintain valid vehicle registration and insurance
• Purchase an active TukTuk subscription

6.2 Driver Conduct

As a driver, you agree to:

• Maintain your vehicle in safe, clean condition
• Follow all traffic laws and regulations
• Treat riders with respect and professionalism
• Take the most efficient route unless directed otherwise
• Not discriminate against riders
• Not use the platform while impaired

6.3 Independent Contractor Status

Drivers are independent contractors, not employees of TukTuk. As such:

• You determine your own working hours
• You are responsible for your own taxes and expenses
• TukTuk does not provide employee benefits
• You may provide services through other platforms

7. Subscriptions and Payments

7.1 Driver Subscriptions

Drivers must maintain an active subscription to accept rides. Subscription terms include:

• Subscription fees are charged in advance
• Subscriptions auto-renew unless cancelled
• No refunds for unused subscription time
• TukTuk may modify subscription pricing with notice

7.2 Payment Processing

All payments are processed through our secure platform. We support:

• Cash payments (collected by driver)
• Zain Cash mobile payments

8. Cancellations and Refunds

8.1 Rider Cancellations

• Free cancellation within 2 minutes of booking
• Cancellation fee may apply after driver is en route
• Repeated cancellations may result in account restrictions

8.2 Driver Cancellations

• Drivers should minimize cancellations
• Excessive cancellations may affect driver status
• Valid reasons for cancellation: rider no-show, safety concerns, vehicle issues

9. Safety

TukTuk is committed to safety. Our safety measures include:

• Driver background verification
• Real-time ride tracking
• Trip sharing with trusted contacts
• 24/7 emergency support
• Rating and feedback system

10. Intellectual Property

All intellectual property rights in the Service, including but not limited to:

• The TukTuk name, logo, and branding
• App design and user interface
• Software and underlying technology
• Content and documentation

are owned by TukTuk or our licensors. You may not copy, modify, distribute, or create derivative works without our written permission.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• Fitness for a particular purpose
• Merchantability
• Non-infringement
• Availability or reliability of the Service
• Quality of transportation services provided by drivers

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• TukTuk is not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not liable for actions or omissions of drivers or other users

13. Indemnification

You agree to indemnify and hold harmless TukTuk, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your negligent or wrongful conduct

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be:

• First attempted to be resolved through informal negotiation
• Subject to mediation if informal resolution fails
• Resolved through binding arbitration in Baghdad, Iraq
• Governed by the laws of the Republic of Iraq

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the app. Your continued use after changes constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

16.2 Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

16.3 Assignment

You may not assign your rights under these Terms. TukTuk may assign its rights without restriction.

16.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TukTuk.

17. Contact Information

For questions about these Terms, please contact us: