1. Agreement to Terms

By accessing or using Smasly (“the Platform”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these Terms, you may not access or use our services.

Please read these Terms carefully, especially the sections regarding driver responsibility and platform limitations.

4. Passenger Responsibilities

As a passenger, you agree to:

• Provide accurate information when booking rides
• Disclose any medical conditions, allergies, or special needs that may affect your safety
• Treat drivers with respect and follow their reasonable instructions
• Pay the agreed fare directly to the driver
• Comply with applicable laws and regulations
• Understand that you are entering into a direct contract with the driver, not with Smasly
• Acknowledge that Smasly is not responsible for any incidents, accidents, or issues during your trip

5. Driver Guidelines and Vehicle Environment

Drivers must maintain safe and appropriate vehicle conditions, including but not limited to:

• Keeping vehicles clean and free of strong odors, perfumes, or air fresheners that may trigger allergies
• Maintaining smoke-free vehicles
• Ensuring adequate ventilation
• Following all safety protocols and traffic laws
• Providing assistance to passengers with special needs when possible

Note: While drivers should strive to maintain safe environments, passengers with known allergies or medical conditions should disclose these to drivers. However, drivers remain fully responsible for any incidents that occur.

6. Incident Reporting

In the event of an incident, accident, or medical emergency:

• Use the SOS feature for immediate emergencies
• Contact emergency services (191 for police, 193 for fire, 193 for 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. Insurance and Coverage

Important Notice: While some drivers may have access to insurance coverage:

• Drivers are strongly advised to obtain appropriate insurance coverage if available to them
• Drivers must understand that they assume full financial responsibility regardless of whether they have insurance coverage or not
• If insurance is available and obtained, drivers are responsible for ensuring their coverage is adequate and current
• Insurance coverage, if available, does not relieve drivers of their responsibilities under these Terms
• The Platform does not provide insurance coverage or assume any insurance-related responsibilities
• Passengers should be aware that they are traveling at their own risk and should consider their own insurance coverage if desired
• In all cases, whether insurance is available or not, drivers are personally liable for all costs and damages that may exceed insurance coverage or occur in situations where insurance does not apply

8. Payment, Commission, Fees and Refunds

8.1 What passengers pay

• The price you see before you confirm a booking is the full price. Smasly does not add a booking fee or any other charge to it.
• You can pay the driver directly (cash or mobile money) or choose to pay from your Smasly wallet. Paying directly is the default.
• Mobile money networks, banks and card providers may charge their own fees when you top up or pay. Those are not Smasly fees.

8.2 Commission charged to drivers

• Smasly charges drivers a service commission, currently 12% of each fare. The rate in force is shown in the driver app and may change; we will tell drivers before a change takes effect, and a rate applies to a booking as it stood when the booking was made.
• If a passenger pays the driver directly, the driver keeps the full amount at the time. Smasly's commission on that ride is recorded as an amount the driver owes Smasly, and the driver must settle it by paying it in through the app. A driver can only pay in up to the amount owed.
• If a passenger pays through the app, the commission is deducted before the driver is paid.
• Each driver has a limit on how much they may owe. A driver who goes over the limit, or who has owed Smasly for longer than the period shown in the driver app, cannot post new trips until they pay.
• Smasly pays for any promo code discount a passenger uses. A promo code never reduces what the driver earns.

8.3 Launch offer

• During an introductory period after launch, Smasly takes no commission on any ride. The end date is announced in the app. Rides booked while the offer is running stay commission-free, even if they take place after it ends.
• The offer applies to commission only. Late-cancellation and no-show fees (8.4) still apply.

8.4 Cancellation and no-show fees

• A passenger can cancel for free until the driver sets off for the pickup, and for a short grace period (currently 2 minutes) after the booking is confirmed.
• After that, a cancellation fee applies: currently the lower of GH₵5 or 25% of the fare. If the driver arrives at the pickup point, waits (currently 5 minutes) and cannot find the passenger, the driver can record a no-show and the same fee applies.
• The fee is paid to the driver. Smasly keeps none of it. The amount that would apply is shown before you confirm a cancellation.
• A fee that is charged but not paid is added to your Smasly balance, and you will not be able to book again until you have paid it.
• You are never charged a fee if the driver cancels, changes the pickup point, or does not arrive. If you think a fee is wrong, you can dispute it in the app within 48 hours, and Smasly will review it. A fee found to be wrong is refunded.
• Smasly may hold a fee for review where a driver has recorded an unusual number of no-shows, and may remove drivers who misuse the no-show feature.

8.5 Refunds and disputes

• Cancelled before the driver sets off: any amount you paid in the app is refunded in full.
• The driver cancels or does not arrive: full refund of anything paid in the app, and no fee.
• You cancel late or are a no-show: the fee in 8.4 is taken and the rest of anything you paid is refunded.
• A problem with a ride you took (overcharging, a different route, an unsafe vehicle, lost property): report it in the app within 48 hours. After 48 hours we may still help, but we cannot promise a refund.
• Refunds approved for payments made in the app go back to the original payment method, or to your Smasly wallet if you prefer, within 3 to 5 working days of approval.
• Money you add to your Smasly wallet as a rider is for paying for rides. It is not a bank account and cannot be withdrawn as cash. You can ask at any time for unused top-up money to be sent back to the card or mobile money number it came from. Reward and promotional credit cannot be refunded.
• Drivers' earnings are held in a separate driver wallet, which is the only one paid out. Money you add as a rider stays in your rider wallet if you become a driver.
• Money you paid directly to a driver in cash or mobile money is between you and the driver. Smasly can look into a complaint and, where it decides a refund is due, credit it to your Smasly wallet and take it from the driver.
• Referral rewards and promotional credit are not cash and are not refundable.

9. Platform Services

The Platform provides:

• Technology infrastructure to connect passengers and drivers
• Booking and scheduling services
• Payment processing facilitation (but not participation in transactions)
• Safety features such as SOS alerts
• Rating and review systems

The Platform does NOT provide transportation services, insurance, or assume any responsibility for the actual rides.

10. 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

11. Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose a safety risk to other users. Drivers may be removed from the Platform for:

• Repeated safety violations
• Failure to maintain required documentation
• Serious incidents or accidents
• Violations of passenger safety or rights
• Any conduct that compromises Platform integrity

12. Disclaimers and Limitations

TO THE MAXIMUM EXTENT PERMITTED BY 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

13. Indemnification

Drivers agree to indemnify, defend, and hold harmless Smasly Platform, its owners, operators, employees, and affiliates from and against any and all 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
• Any violation of applicable laws
• Any claims made by passengers or third parties

14. Dispute Resolution

Disputes between drivers and passengers should be resolved directly between the parties. The Platform may provide a dispute resolution mechanism but is not obligated to do so and assumes no responsibility for dispute outcomes.

Any disputes involving the Platform shall be governed by the laws of Ghana and resolved in the courts of Ghana.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

16. Acknowledgment

BY USING THE SMASLY PLATFORM AS A DRIVER, YOU ACKNOWLEDGE THAT:

• You are an independent service provider, not an employee or agent of Smasly
• You assume FULL RESPONSIBILITY for all aspects of your transportation services
• You are solely liable for all costs, damages, medical expenses, and liabilities arising from your services
• Smasly charges a service commission on rides as set out in section 8, and assumes no financial responsibility for your transportation services
• You have read, understood, and agree to be bound by these Terms

17. Contact Information

For questions about these Terms, please contact us:

• Email: info@smasly.com
• Phone: +233 54 951 4616 or +233 54 791 0720
• Address: Amrahia, Accra, Ghana