1. Acceptance of Terms

By accessing and using Plug's mobile application, website, and services (collectively, the "Service"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to any part of these Terms, you may not use our Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Service Description

Plug is a ride-sharing platform that connects passengers with drivers. Our Service facilitates the booking and provision of transportation services. Plug operates as a technology platform and is not responsible for the operation of vehicles or the provision of transportation services themselves. Drivers are independent contractors and not employees of Plug.

3. User Eligibility

To use our Service, you must:

  • Be at least 18 years old
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using our Service in any jurisdiction
  • Provide accurate and complete registration information
  • Maintain the confidentiality of your account credentials

4. Account Registration and Security

4.1 Account Creation

You are responsible for creating and maintaining your account. You must provide accurate, current, and complete information during registration.

4.2 Account Security

You are responsible for maintaining the confidentiality of your password and account information. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized access or use of your account.

4.3 Account Termination

We reserve the right to terminate or suspend your account without notice if you violate these Terms or engage in prohibited activities.

5. Use of Service

5.1 Permitted Use

You agree to use our Service only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Service.

5.2 Prohibited Activities

You agree not to:

  • Violate any applicable laws or regulations
  • Engage in fraudulent, deceptive, or harmful activities
  • Harass, abuse, or threaten other users or drivers
  • Attempt to gain unauthorized access to our systems
  • Upload malware or viruses
  • Violate intellectual property rights
  • Interfere with or disrupt the operation of the Service
  • Use the Service for illegal purposes or activities
  • Provide false information or impersonate others
  • Engage in price fixing or manipulation

6. Passenger Responsibilities

6.1 Conduct During Rides

Passengers agree to treat drivers and their vehicles with respect. Passengers must not:

  • Engage in abusive or discriminatory behavior
  • Damage or vandalize the vehicle
  • Violate local traffic laws during the ride
  • Refuse reasonable requests from the driver
  • Bring weapons or prohibited items into the vehicle

6.2 Payment Obligations

Passengers agree to pay the fare as calculated by our Service. Failure to pay constitutes fraud and may result in legal action, account suspension, and reporting to authorities.

7. Driver Responsibilities

7.1 Driver Requirements

Drivers must possess and maintain:

  • A valid driver's license
  • Vehicle registration and insurance
  • Regular vehicle maintenance and safety inspections
  • Compliance with all traffic laws
  • Professional and courteous conduct

7.2 Driver Conduct

Drivers must not:

  • Drive under the influence of alcohol or drugs
  • Use mobile devices while driving (except for navigation)
  • Violate traffic laws or safety regulations
  • Engage in harassment or discrimination
  • Accept rides outside the Plug platform

7.3 Vehicle Standards

Drivers must maintain their vehicles in safe, clean, and operational condition. Vehicles must meet all safety and emission standards set by local authorities.

8. Pricing and Payment

8.1 Fare Calculation

Fares are calculated based on distance, duration, time of day, and demand. The estimated fare is provided before the ride begins. Final fares may vary based on actual route and conditions.

8.2 Payment Methods

We accept various payment methods including credit/debit cards, digital wallets, and bank transfers. You authorize us to charge your selected payment method for all fares and fees.

8.3 Surge Pricing

During periods of high demand, surge pricing may apply. You will be notified of surge pricing before confirming your ride.

8.4 Cancellation Fees

Cancellation fees may apply if you cancel a ride after the driver has accepted and begun en route. The fee will be communicated before booking.

9. Safety and Liability

9.1 Safety Measures

We implement safety features including ride tracking, emergency contacts, and driver verification. However, users acknowledge that transportation involves inherent risks.

9.2 Assumption of Risk

By using our Service, you acknowledge and assume all risks associated with ride-sharing and transportation. You use the Service at your own risk.

9.3 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUG SHALL NOT BE LIABLE FOR:

  • Any injuries or damages arising from accidents or vehicle operation
  • Losses resulting from driver conduct or third-party actions
  • Indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages arising from service interruptions or technical errors

10. Intellectual Property

All content, features, and functionality of our Service, including but not limited to software, design, graphics, and text, are owned by Plug or our licensors and are protected by copyright and other intellectual property laws. You agree not to reproduce, distribute, or transmit any content without our prior written permission.

11. Third-Party Links and Services

Our Service may contain links to third-party websites and services. We are not responsible for the content, accuracy, or practices of these third-party services. Your use of third-party services is governed by their terms and conditions.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.

12.2 Arbitration

Any dispute arising out of or related to these Terms or our Service shall be resolved through binding arbitration administered by an agreed-upon arbitrator, rather than in court.

12.3 Class Action Waiver

You agree not to participate in any class action lawsuit against Plug. All disputes must be resolved on an individual basis.

13. Indemnification

You agree to indemnify and hold harmless Plug, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

14. Termination

We reserve the right to terminate your account and access to our Service at any time, for any reason, with or without notice. Upon termination, your rights under these Terms cease immediately.

15. Modifications to Service

Plug reserves the right to modify, suspend, or discontinue our Service or any features thereof at any time. We are not liable to you or any third party for modifications or discontinuation of the Service.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Plug regarding your use of the Service and supersede all prior agreements and understandings.

18. Contact Information

For questions about these Terms of Service, please contact us at:

Email: legal@plugrides.com
Address: Plug Headquarters, Nairobi, Kenya
Phone: +254 (0) 800 500 200

Effective Date: December 19, 2024
Last Updated: December 19, 2024