Terms of Service
Smasly is a technology marketplace that connects passengers with independent drivers. Smasly does not provide transportation services. Drivers are independent contractors, not employees or agents of Smasly.
1. Agreement to Terms
By accessing or using Smasly (the “Platform”), operated by Smass Global, Accra, Ghana, you agree to be bound by these Terms of Service. If you disagree with any part of these Terms, you may not use our services.
2. Account & Eligibility
- You must register with a valid phone number and verify it via OTP.
- You must provide accurate information; Ghana Card verification is required for driver accounts.
- You must be 18 years or older (or have a guardian’s consent where permitted).
- Keep your credentials secure — you are responsible for all activity on your account.
3. For Passengers
3.1 Booking & Payment
- You book seats on a trip; price is price per seat × seats, less any promo discount.
- Pay via Mobile Money (MTN, Vodafone, AirtelTigo), card, or your Smasly wallet.
- You receive a confirmation code; verify with your driver at pickup.
- Prices and applicable fees are shown before you confirm.
3.2 Cancellations & Refunds
- You may cancel before departure per the in-app cancellation policy; eligible refunds are returned to your wallet or original payment method.
- Late cancellations or no-shows may incur a fee.
- If a driver cancels, you will be refunded in full.
3.3 Code of Conduct
- Treat drivers and co-passengers with respect — no harassment, abuse, discrimination, or threats.
- Be ready at the agreed pickup location on time.
- Do not damage vehicles, smoke, or carry illegal or dangerous items.
- Do not use Smasly for any unlawful purpose.
Violations may result in warnings, fees, suspension, or permanent account removal.
3.4 Safety Tools
Use the in-app tools: live trip tracking, share-trip link with an emergency contact, SOS button, and RideCheck responses. Set an emergency contact in your profile. Always verify driver and vehicle details match before boarding.
3.5 Passenger Liability
By booking a ride you acknowledge that you are entering into a direct arrangement with the driver. To the extent permitted by Ghanaian law, Smasly is not liable for the acts or omissions of drivers or for the transportation itself. Your use of the service is at your own risk, subject to the safety measures provided.
4. For Drivers
4.1 Eligibility & Verification (KYC)
To operate as a driver you must provide and keep valid:
- Ghana Card (identity).
- Valid driver’s licence (correct class) + expiry date.
- Vehicle registration, valid insurance, and roadworthiness certificate.
- Vehicle details (make, model, year, colour, seating capacity).
You may only publish trips once approved. You must update Smasly promptly on any change (licence suspension, lapsed insurance, accident, etc.).
4.2 Driver Obligations
- Carry only as many passengers as your approved seating capacity and booked seats allow.
- Drive lawfully and safely; comply with Ghana Road Traffic Regulations.
- Honour confirmed bookings; arrive at the agreed pickup location and time.
- Verify each passenger at pickup using the in-app confirmation code.
- Maintain a roadworthy, clean, insured vehicle.
- Treat passengers with respect; no harassment, discrimination, or unsafe driving.
- Keep your account secure — do not let others drive under your account.
4.3 Fares, Commission & Payouts
- You set the price per seat (or use the suggested price).
- Smasly charges a commission on each completed booking; the remainder is yours.
- Earnings accrue to your in-app wallet and are paid out weekly to your registered Mobile Money account.
- You are responsible for the accuracy of your payout details.
- Smasly may offset or withhold amounts for refunds, chargebacks, fraud, or penalties.
4.4 Driver Responsibility & Liability
As an independent contractor, you assume full responsibility for all aspects of your transportation services, including but not limited to:
- Vehicle condition: maintaining your vehicle in safe, roadworthy condition at all times.
- Licensing & compliance: valid driver’s licence, registration, insurance, and all required permits.
- Passenger safety: the safety and well-being of all passengers during trips.
- Accidents & injuries: all costs, damages, and liabilities arising from incidents, including medical expenses, vehicle damage, property damage, personal injury claims, and legal fees.
- Vehicle environment: all incidents caused by substances or conditions in your vehicle (perfumes, smoke, air fresheners, pets, etc.).
- Insurance: you must hold valid vehicle insurance at all times; full financial responsibility applies regardless of insurance status.
- Taxes: your own GRA taxes, SSNIT (if applicable), and operating costs.
Smasly is a technology platform and explicitly disclaims liability for any accidents, injuries, damages, or incidents arising from your conduct or vehicle.
5. Ratings & Standards
Passengers rate drivers and drivers rate passengers after each trip. Persistently low ratings, safety complaints, or policy breaches may lead to coaching, suspension, or removal from the platform.
6. Incident Reporting
In the event of an incident, accident, or medical emergency:
- Use the SOS feature for immediate emergencies.
- Contact emergency services: 191 (police), 193 (fire & ambulance) in Ghana.
- Report incidents through the Platform’s incident reporting system.
- Drivers must handle all resulting costs, medical expenses, and liabilities.
- The Platform may assist with documentation but assumes no financial responsibility.
7. User Conduct
Users must not:
- Use the Platform for illegal purposes.
- Harass, abuse, or harm other users.
- Provide false or misleading information.
- Interfere with the Platform’s operations.
- Violate any applicable laws or regulations.
- Attempt to circumvent Platform safety measures.
8. Account Suspension & Termination
Either party may end this agreement at any time. Smasly may suspend or remove accounts immediately for safety risks, fraud, expired or false documents, or serious policy breach. Outstanding driver earnings are paid per the payout schedule after applicable deductions.
9. Disclaimers & Limitations
To the maximum extent permitted by Ghanaian law:
- The Platform is provided “AS IS” and “AS AVAILABLE” without warranties of any kind.
- We do not guarantee the availability, reliability, or quality of driver services.
- We are not responsible for any damages, losses, or costs arising from use of the Platform.
- We do not warrant that the Platform will be error-free or uninterrupted.
- Drivers and passengers use the Platform at their own risk.
10. Indemnification
Drivers agree to indemnify, defend, and hold harmless Smasly, Smass Global, and their owners, operators, employees, and affiliates from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including legal fees) arising from or related to:
- Your use of the Platform.
- Your provision of transportation services.
- Any accidents, injuries, or incidents during trips.
- Any medical expenses or health-related incidents.
- Any violation of these Terms or applicable laws.
11. Data & Privacy
Smasly processes your data (identity, location, payment) per its Privacy Policy and Ghana’s Data Protection Act, 2012 (Act 843), under the oversight of the Data Protection Commission.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Republic of Ghana. Courts of Ghana have jurisdiction. Disputes between drivers and passengers should first be resolved directly between the parties in good faith. Any disputes involving the Platform shall be subject to Ghanaian courts.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of significant changes via the app. Continued use of the Platform after changes constitutes acceptance of the modified Terms.