Terms and Conditions for Trotte Corporates

These Terms and Conditions apply to the use of Trotte Corporate.

Effective from 28.07.201 9

 

1. Definitions

1.1. Trotte – Trotte Limited, a private limited company incorporated and registered in the Republic of Burundi with registration code NIF: 4001232562. RC.16345/19 registered office Karo House. Boulevard de l’Indépendance, Bujumbura, Republic of Burundi.

1.2. Trotte App – a smartphone application used to access Trotte services;

1.3. Trotte Corporates – Trotter’s service for corporate customers for management of and payment for the rides taken by passengers authorized by the corporate customer;

1.4. Corporate Portal – are gateway to use Trotte Trotte accessible via Trotte webpage at https://institution.trotteltd.com/ ;

1.5. Corporate Profile – Customer’s account that enables the use of Trotte corporate, e.g allows Customer to register Passengers to Corporate Profile and to pay for the usage of Trotte Corporate;

1.6. Customer – the company identified as Customer on the sign-up page of the Corporate Portal and who is using Corporate Profile;

1.7. Passenger – a person using Trotte App for requesting transportation services;

1.8. User – a Passenger who is registered by Customer under Corporate Profile and is thereby authorized to use Trotte Corporate in the limits set by Customer and approved by Trotte.

1.9. Administrator – an individual appointed by the Customer to administer the Corporate Profile, i.e register and remove Users, view and edit User information, administer User groups and their rights;

1.10. Driver – a provider of transportation services whose services can be requested through the Trotte App;

1.11. Agreement – this Agreement between Customer and Trotte which consists of:

1.11.1. these Terms and Conditions;

1.11.2. special terms displayed in Corporate Portal and/or Trotte App, e.g regarding price info or payment methods, user manuals, service descriptions; and

1.11.3. other terms referred to in this Agreement, including Trotte Terms and Conditions for Passengers and General Terms for Drivers (available respectively at https://trotteltd.com/rider-terms/ and https://trotteltd.com/driver-terms/ ) as may be amended from time to time, applicable promo code terms and instructions or rules for use of other vehicles;

1.12. Fare – the fee User is obliged to pay to Driver for the transportation service.

1.13. Service Fee – the fee for the Customer’s use of Trotte Corporate amounting up to 10% per Fare.

1.14. Payment Agent – agent responsible for the technical support services for the provision of payment services to facilitate payments and/or invoicing on behalf of Trotte Limited: respectively Trotte Operations.

 

2. Set-up and administration of Corporate Profile

Set-up of Corporate Profile

2.1. Prior to using Trotte Corporate Customer must sign up for a Corporate Account by providing the requested information in Corporate Portal. Customer warrants that the individual clicking to accept these Terms & Conditions is authorized to bind the Customer to this Agreement.

2.2. Corporate Profile allows Customers to register Passengers as Users, and thereby authorize Users to make use of Trotte Corporate in the limits set by Customer and Trotte.

2.3. Customer acknowledges and agrees that only Passengers meeting the following criteria are eligible to use Trotte Corporate as Users:

2.3.1. The passenger has an active personal Trotte account;

2.3.2. The passenger has confirmed the mobile number provided during the registration process; and

2.3.3. personal Trotte account of the Passenger has not been blocked, suspended or terminated due to violation of Trotte Terms and Conditions for Passengers.

2.4. In order to register a Passenger as User, the Customer shall upload the required Passenger information to Corporate Portal.

2.5. Passengers are invited to use Trotte Corporate shall be linked automatically with Corporate Account for Customer payments, and be provided the option to settle Fares either through Passenger’s personal account or Corporate Profile on a ride by ride basis.

 

Personal data processing

2.6. Trotte and Customer remain separate data controllers regarding any personal data processed under this Agreement. Trotte and Customer shall thereby:

2.6.1. adhere to all the applicable data protection laws, including the application of proper technical and organizational data protection measures. Trotte processes personal data as described in Trotte’s Privacy Policy for Passengers (accessible at https://trotteltd.com/legal/privacy-for-riders/ ) considering the relevant laws of Burundi;

2.6.2. inform each other immediately about any data processing incidents or breaches are relevant in performing this Agreement;

2.6.3. reasonably assist each other in responding to the requests of data subjects and authorized public authorities.

2.7. If so required by the applicable data protection laws, Customer agrees to:

2.7.1. inform each respective Passenger that it has requested Trotte to contact such Passenger in connection with the registration of the Passenger as a User and that such registration may be followed by direct electronic marketing messages associated with the Corporate Account, including promo codes and bonuses;

2.7.2. notify each respective Passenger that linking of Passenger’s personal Trotte account with Business Account shall provide Customer with the access to detailed trip information about the rides charged to Corporate Account.

 

Administration of Corporate Profile

2.8. Upon successful registration, Trotte provides Customers with a unique master-username and master-password to access its Corporate Profile via Corporate Portal.

2.9. The customer shall appoint one or more Administrator(s) who access Corporate Account and Corporate Portal with personal administrator-username(s) and administrator-password(s).

2.10. Corporate Portal allows Customer to:

2.10.1. view the current list of Users and Passengers whose registration (linking) as Users is pending;

2.10.2. invite additional Passengers as Users;

2.10.3. remove Passenger from the list of Users by unlinking the Passenger from Corporate Account;

2.10.4. view detailed trip information;

2.10.5. review and manage account statements, as applicable;

2.10.6. view and download Driver invoices;

2.10.7. view current, appoint new, and remove Administrators, and

2.10.8. perform other actions supported by the functionality and features of Corporate Portal.

 

3. Rules of use of Trotte Corporate

3.1. The customer is responsible for providing Trotte only with accurate and complete information, and for keeping such information updated at all times.

3.2. The customer agrees to inform Trotte immediately of any changes relating to Customer’s elected payment method linked to Corporate Account that may impair Trotte’s ability to charge Customer pursuant to this Agreement.

3.3. Customer shall limit access to Corporate Portal only to authorized Administrators who may not share or transfer their access privileges to any third person. The customer shall be responsible for all activity that occurs under its credentials.

3.4. Subject to Customer’s compliance with this Agreement, Trotte grants Customer a royalty free, revocable, non-exclusive, non-transferable, non-assignable license, without the right to sublicense, to access and use Corporate Portal in accordance with and throughout the term of this Agreement.

3.5. Upon becoming aware of the loss or theft of the mobile device of the User, the Customer shall immediately close the phone number of such devices in Corporate Portal.

3.6. The customer uses Trotte Corporate solely for legitimate business purposes in accordance with this Agreement and shall not use Trotte Corporate for unauthorized or unlawful purposes nor impair the proper operation of Trotte Corporate.

3.7. In the event that a User’s personal account is suspended or terminated, such User’s access to Corporate Account shall also be suspended.

3.8. Trotte reserves the right to add, remove and update features and functionality of Trotte Corporate at any time, including to offer bonuses to Passengers based on their rides made as Users.

3.9. Customer shall not itself, and shall not authorize third persons to:

3.9.1. decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms related to Trotte Corporate;

3.9.2. misuse Corporate Portal by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the use of Trotte Corporate in any way;

3.9.3. circumvent, disable or otherwise interfere with any security related features of Corporate Portal;

3.9.4. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;

3.9.5. collect any data from Corporate Portal other than in accordance with Agreement;

3.9.6. submit or contribute any content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;

3.9.7. submit or contribute any content that Customer/User does not own or has no right to use or otherwise infringe the copyright, trademark or other rights of third parties;

3.9.8. use content in violation of any licensing terms specified by the owner;

3.9.9. submit or contribute any information or commentary about another person without that person’s permission;

3.9.10. threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety, or harass, upset, embarrass, alarm or annoy any other person; or

3.9.11. use any automated system, including without limitation ‘robots’, ‘bots’, ‘spiders’ or ‘offline readers’ to access Corporate Portal in a manner that sends more request messages to Corporate Portal than a human can reasonably produce in the same period of time;

3.9.12. use Trotte App on devices that do not have a screen lock feature;

3.9.13. upcharge, increase or otherwise modify or manipulate Fares as calculated through Trotte App;

3.9.14. impose any additional fees or charges on User related to the use of Trotte Corporate.

3.10. Parties keep confidential any business, technical or financial information, including the terms and conditions of this Agreement, received from the other party in connection with this Agreement, unless:

3.10.1. the disclosing party permits in writing the requested disclosure of particular information;

3.10.2. such information is already public;

3.10.3. the receiving party shall use confidential information solely for the purposes permitted under Agreement;

3.10.4. the receiving party receives an administrative or judicial order, or any other requests for disclosure of any confidential information if the receiving party provided disclosing party written notice of such request allowing the disclosing party to assert any available defenses to disclosure.

3.11. Receiving party shall protect the disclosing party’s confidential information in the same manner as it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care.

 

4. Payments & refunds

 

General

4.1. The customer shall select a method of payment for its Corporate  Account from the list of available payment methods provided in the Corporate Portal, which may include e.g direct payments and invoiced payments.

4.2. Trotte reserves the right to remove or amend the available payment methods at its sole discretion.

4.3. The customer shall be liable to Trotte for the payment of all Fares, along with Service Fee, incurred by Users under Corporate Profile option, regardless of whether the User had the authorization of the Customer to incur such costs.

4.4. Customer agrees to pay any fines, fees, penalties, and any other charges and costs incurred by Trotte, that result from User canceling a ride, User’s use of any vehicle, User’s parking any vehicle improperly, or as a result of User violating any other law, rule, regulation, or ordinance while using Trotte Corporate. The customer authorizes Trotte to deduct such amounts from Customer’s credit card automatically or charge Customer respectively in case of other payment options.

4.5. If Customer disputes any transactions charged to Customers selected payment method, the Customer must contact Trotte within 10 business days.

4.6. When making payments, the recipient of the payment is Trotte Limited. The customer agrees that payments to Trotte Limited may be facilitated by the respective Payment Agent as applicable. Trotte Limited has appointed respectively each Payment Agent to respond to any complaints and settle any disputes in relation to payments made to Trotte Limited. The customer agrees to discuss any complaints with the Payment Agent directly.

4.7. All payments are non-refundable except as may be expressly provided otherwise herein or in applicable law. Refunds shall be made to Corporate Account as credit which can be used for payment for future rides.

4.8. An account statement showing rides per country and city shall be made available to the Customer. Driver invoices are available for customers to view and download in Corporate Portal. Invoice for Service Fee shall be available to the Customer together with the account statement. During the term of this Agreement Customer shall provide and maintain one or more valid credit card(s) linked with Corporate Account to allow Trotte to charge any payments associated with the use of Trotte Corporate as set forth in this Agreement.

4.10. After User has requested a ride, Trotte automatically pre-authorizes an amount from Customer’s credit card.

4.11. If automatic pre-authorization from the credit card fails, the request for the ride shall be rejected and the User will be required to choose an alternative payment method available in Trotte App under User’s personal account. The customer remains liable for the payment obligation also in the event where the rejection of the ride failed regardless of the circumstances that normally trigger such rejection.

4.12. After the User has finished a ride using Corporate Account, Trotte automatically deducts from Customer’s credit card an amount which equals the Fare due for the User’s respective ride along with Service Fee and releases the unused part of the automatically pre-authorized amount referred to in p 4.10.

4.13. All payments, including Service Fee, shall be processed in the local currency applicable in the country of the User’s given ride.

4.14. The customer’s bank may impose additional charges for the Customer’s use of the credit card which is neither included in Fare or in Service Fee. Invoiced payments 4.15. Trotte may, in its sole discretion, offer a monthly credit limit, inclusive of monthly Service Fee, to Customer.

4.16. If the Customer has spent the credit limit, the request for the ride (as well as all future rides) shall be rejected until the end of the current calendar month and User is required to choose a payment method available in Trotte App under User’s personal account. The customer remains liable for the payment obligation also in the event where the rejection of the ride failed regardless of the circumstances that normally trigger such rejection.

4.17. Trotte submits a monthly account statement to Customer for Service Fee and for the rides made by Users under Corporate Account during the previous calendar month. Trotte shall make the account statement available to Customer by the 14th day of the following calendar month in Corporate Portal.

4.18. The customer shall make the payment according to the account statement within 15 days from the date of the account statement. If the payment has not been received by the due date all requests for rides of Users shall be rejected.

4.19. In case the Customer fails to make payment by the due date according to the account statement, it shall be liable to pay 0,25% interest per day from the total amount that is overdue. The customer is liable to compensate to Trotte all reasonable expenses (including those charged by any debt collection agency) together with all administrative, legal and other costs incurred in the collection of any overdue payment. The minimum compensation charge for such costs is Fbu 55,000.

4.20. The account statement shall be provided in the currency applicable to the Customer’s primary address. The account statement shall include the exchange rate used to convert Fares along with Service Fee for rides taken in geographies with other currencies. Trotte shall determine the applicable exchange rate at its reasonable discretion.

 

5. Liability

5.1. Trotte does not offer or broker transport services. It is also not a provider of transport agency service for finding Passengers for Drivers. Trotte shall not take any responsibility for the quality or the absence of defects in the provision of transport services by the Drivers. As the provision and availability of transport services depend on Drivers, Trotte cannot and does not guarantee that the availability of Drivers meets the needs of the Users.

5.2. Trotte Corporates is provided on an “as is” and “as available” basis. Trotte does not guarantee that access to Trotte Corporate shall be uninterrupted or error-free. In case of any faults in the software, Trotte shall endeavor to correct them as soon as possible.

5.3. Trotte is not liable for any loss or damage that Customer or User may incur as a result of using Trotte Corporate unless provided otherwise by law. The financial liability of Trotte in connection with the latter shall be limited to 500 USD. Trotte shall not be liable for the actions, errors or omissions of Driver.

5.4. Trotte shall not be liable to Customer or User or any other party for any costs, losses or damages caused due to inaccurate or incomplete data provided by Customer.

5.5. Failure to comply with the rules stipulated in this Agreement constitutes a serious breach, and provides Trotte with the right (with or without notice):

5.5.1. to immediately, temporarily, or permanently terminate Customer’s or its User’s right to use Corporate Account and, where relevant, Trotte App, and

5.5.2. to apply and seek any other remedies available pursuant to this Agreement and applicable law.

5.6. The customer is liable for all the activities of Administrators and Users. The customer shall be responsible also for Fares incurred in the course of unauthorized, fraudulent or other unlawful activity connected to the User’s use of Trotte Corporate. The customer shall notify Trotte promptly upon discovery of any such unauthorized, fraudulent or unpermitted activity.

5.7. If a User no longer qualifies for the use of Trotte Corporate, it is the sole responsibility of the Customer to remove that individual from the list of Users under its Corporate Account. The customer remains liable for any fees incurred by the Passenger under Corporate Account before the moment of removal of such Passenger from the list of Users.

5.8. Neither party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.

5.9. Non-performance of either party under the Agreement shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

 

6. Term and termination

6.1. The Agreement becomes effective from the moment of successful processing of the Customer’s signup application and remains in effect until terminated in accordance with the provisions of the Agreement.

6.2. Customer may terminate the Agreement at any time and for any reason by notifying Trotte at least 7 days in advance.

6.3. Trotte may terminate the Agreement at any time and for any reason by notifying the Customer at least 3 days in advance.

6.4. All outstanding payment obligations, as well as obligations arising out of liability and confidentiality provisions of this Agreement, shall survive the termination of this Agreement.

6.5. Trotte is entitled to terminate the Agreement and block Customer’s access to Corporate Portal without prior notice in cases where Customer breaches this Agreement, any applicable laws or regulations, or harms Trotte’s brand, reputation or business.

6.6. Trotte may also immediately block Customer’s access to Corporate Portal for a period of the investigation if Trotte suspects an infringement of Agreement or fraudulent activity associated with The customer’s Corporate Account.

 

7. Final provisions

7.1. Any notice under Agreement shall be sufficiently given if delivered and deemed to have been received:

7.1.1. if delivered personally, at the time of delivery to the party;

7.1.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;

7.1.3. if sent by registered mail, on the 10th day after handing the documents over to the post office for delivery to the party;

7.1.4. if made available via Corporate Portal, or if sent by email, on the day the party receiving the email confirms receiving the respective e-mail or on the 2nd day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice.

7.2. Any changes to the Agreement shall enter into force after they have been made available to Customer via Corporate Portal or notified to contact details recorded under its Corporate Account. Continued use of Trotte Corporate after changes so notified shall constitute Cthe ompany’s consent to such changes.

7.3. This Agreement may not be assigned by Customer, in whole or in part, without the prior written consent of Trotte. Customer may assign Agreement without such consent, but with notice to Trotte, in connection with a merger or a sale of all of the equity or assets of Customer. The agreement may be assigned by Trotte in Trotte’s sole discretion.

7.4. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior communications, drafts, agreements, representations, warranties, stipulations, and undertakings of whatsoever nature, whether oral or written between the parties.

7.5. Agreement shall be governed by and construed and enforced in accordance with the laws of Burundi. If a dispute resulting from Agreement could not be settled by the negotiations, then the dispute shall be finally settled in  Burundi Courts.

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