Legal

Terms and Conditions for Hubtel Careforce Riders

1. Introduction  

1. Hubtel is a registered and licensed payment service provider that operates a platform on which third party goods are sold and delivered to the general public. 

2. The Independent Contractor  is a dispatch rider that provides courier services. 

3. Hubtel wishes to retain the Services (as defined below) of Independent Contractor.  

4. Independent Contractor  has the manpower skills, qualifications, and expertise required and wishes to render such Services to Hubtel. 

5. Independent Contractor  acknowledges that the use of the Hubtel Careforce App requires acceptance of these General Terms and Conditions for Service. 

6. In the event that THE PERSON EXECUTING THESE TERMS does so ON INDEPENDENT CONTRACTOR’S BEHALF, THE PERSON WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND INDEPENDENT CONTRACTOR TO THESE TERMS AND CONDITIONS. 

 
These General Terms for  Service  shall apply to all relations between Hubtel (“Company’’, “we” , “us”, or “our”) and the Rider in the course of using the Hubtel Careforce App, the Hubtel App and Hubtel website ( collectively  the “Platform”) By signing up on the Hubtel Careforce App,  you (“the Rider”, “the Independent Contractor”, “you”, or “your”) agree(s) to the application and content of these General Terms and are informed about the processing of your personal data disclosed during registration and use of the Hubtel Careforce App on the conditions set out in these General Terms.  

 
You agree to be bound by these Terms. 

1. Interpretation 

The following definitions and rules of interpretation apply (unless the context requires otherwise). 

1.1 Business of Hubtel: operation of an online on-demand-commerce mall where goods can be purchased and delivered to the purchaser.

1.2 Service Provider: You, the Independent Contractor, providing rider dispatch services.  

1.3 Hubtel Property: all documents, equipment, books, manuals, materials, records, correspondence, papers and information (on whatever media and wherever located) relating to the Business or affairs of Hubtel or its customers and business contacts, and any equipment, keys, hardware or software provided for you during the Engagement, and any data or documents (including copies) produced, maintained or stored by you during the Engagement. 

1.4 Dispatch Day: a day on which you are working and are available nine (9) hours a day between the hours of 9am and 6pm and twenty-two (22) days within a month to deliver goods to customers of Hubtel.  

1.5 Engagement: Your engagement by Hubtel on these terms.

1.6 Insurance Policies: commercial general liability insurance cover obtained by You. 

1.7 Intellectual Property Rights: patents,  rights to Inventions, copyright and  trademarks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world. 

1.8 Services: the services described in the Schedule 1 provided in the city identified in the schedule. 

1.9 Termination Date: the date of termination of these Terms, howsoever arising. 

2. Term of Engagement 

2.1 Hubtel shall engage you to provide the Services on these terms and in the city identified in Schedule 1

2.2 The Engagement shall commence upon You agreeing to these Terms and Conditions and shall continue unless and until terminated: 

(a) as provided by these terms ; or 

(b) by either party giving to the other not less than ten (10) working days prior notice. 

3. Becoming a Hubtel Careforce Rider:  Duties and Obligations  

3.1 Independent Contractor Obligations  

You  must provide the below documents before you are setup on the Hubtel Backoffice    

a) Valid Drivers’ License  

b) Valid Road Worthy Certificate  

c) Motorbike Insurance  

d) Valid Ghana Card  

3.1.1 You must possess a motorcycle.  

3.1.2 You must own a helmet.  

3.1.3 You must own a smart phone and know how to operate Google Maps.  

3.1.4 You must be able to read English.  

3.1.5 You must select a working shift to indicate your availability for work . 

Starting Your day as a Careforce Rider     

3.2     You must be well groomed, kempt and fresh for each day of service.  

3.2.1 You must ensure to wear shoes while on duty. Slippers are not allowed.  

3.2.2 You must ensure to wear neat trousers and a Hubtel branded T-Shirt while on duty. 

3.2.3 You must clean your motor bike and food delivery bag before use each day. 

3.2.4 You must arrive at your designated parking spot before your shift starts each day.  

3.3 How you ride  

3.3.1 You must ensure you observe all road traffic regulations. No crossing of red lights.  

3.3.2 You must make all deliveries yourself with your own Careforce account.  

3.3.3 You must use the customers’ GPS to locate them.  

3.3.4 You must not pick additional passengers on your bike while on duty.  

3.3.5 To avoid accidents, you  must be careful and not overspeed.  

3.3.6 You must not ride under the influence of alcohol or hard drugs.  

3.3.7 You must not engage in bribery. 

3.4 Retailers  

3.4.1 You must not be rude to Hubtel retailers, their staff, and their customers.  

3.4.2 You must ensure you only make purchases from retailers specified in the Careforce App.  

3.4.3 You must ensure you pick up the correct items from the retailer matching what the customer ordered.  

3.4.4 You must ensure all items are paid for before you leave the retailer’s location.  

3.5 Customers  

3.5.1 You must not be rude to customers.  

3.5.2 You  must only request the delivery code after handing over items to customers.  

3.5.3 You must not request funds from customers.  

3.5.4 You must direct all customer complaints to the Hubtel office.  

3.6 General Rider Obligations 

During the Engagement You shall: 

3.6.1 provide the Services with all due care, skill and ability and use best endeavours to promote the interests of Hubtel in the execution of the Services; 

3.6.2 unless You are prevented by ill health or accident, ensure that you are available for the duration and hours as agreed between the parties.   

3.6.3 promptly give to Hubtel all such information and reports as it may reasonably require in connection with matters relating to the provision of the Services;  

3.6.4 ensure that you are neatly dressed and presentable and that all working materials provided by Hubtel are clean and in good condition and shall at all times remain visible while Services are being provided to Hubtel;  

3.6.5 ensure  that you are licensed to operate a motorcycle in Ghana and that the license held by you is valid and duly issued by the Driver and Vehicle Licensing Authority (DVLA);  

3.6.6 Ensure that the motorcycles and vehicles used by you have been certified as roadworthy by the DVLA and are periodically serviced to ensure full functionality; 

3.6.7 Ensure that all motorcycles used by you have been insured in accordance with the laws of Ghana; and  

3.6.8 Ensure that you are geared and kitted in accordance with the requirements of motorcycle riders in Ghana.  

3.6.9 You shall, notify Hubtel by 9am on a Dispatch Day if you are going to be unavailable to provide Services on a day in which you are expected to and given an indication when Services can be resumed.  

3.6.10 You shall comply with all reasonable standards of safety and comply with the road and traffic regulations of the Republic of Ghana and report to Hubtel any instances of infractions which may bring the name and reputation of the Rider or Hubtel into disrepute due to the action or inaction of the Rider. You shall comply with Hubtel’s policies on use of information, equipment and communication systems.  

3.6.11 You shall participate in hygiene and health and safety training when provided by Hubtel and confirm that you have completed the training. 

3.6.12 You shall comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption legislation in Ghana.  

3.7 Hubtel’s Obligations  

        Becoming a Hubtel Careforce Rider     

3.7.1 A Zonal Manager will vet and brief you on what it means to be a Hubtel Careforce Rider. 

3.7.2  A Zonal Manager will onboard you on the Hubtel Backoffice after getting all the required documents from you.  

3.7.3 A Zonal Manager will train you on the use of the Hubtel Careforce Rider App and the Hubtel Consumer Mobile App.  

3.7.4 A Zonal Manager will guide you to select the available working shifts in the Station you will be assigned.   

3.8 Branded Logistics  

3.8.1 Hubtel will make available Food Delivery bags for purchase at subsidized rates.  

3.8.2 Hubtel will provide complimentary branded Hubtel T-Shirts to all confirmed Riders.  

3.8.3 Hubtel will provide branded food paper bags for use in packaging customer orders.  

3.9 As You Work   

3.9.1  For retailers who are not set to accept payments electronically, Hubtel will transfer funds to cover customer purchases to retailer’s Hubtel Consumer App.  

3.9.2 Hubtel will pay a delivery commission to your Hubtel Consumer App after each completed delivery.  

3.9.3 A Hubtel Staff will always be available to provide operational support whiles you are on duty.  

3.9.4 In the unlikely event of an accident, that is deemed not to be caused by the Independent Contractor, Hubtel may support qualifying riders with financial aid to cover part of their hospital bills.  

4. Deductions & Reimbursements   

4.1 Hubtel shall be entitled to deduct from the fees (and any other sums) due You, any sums that you may owe to Hubtel at any time as a result of your default or your actions that leads to damage of any goods being transported by you and non-delivery of the goods that results in a liability for Hubtel.  

4.2 Payment in full or in part of the fees or payments for damages claimed shall be without prejudice to any claims or rights of Hubtel may have against you in respect of the provision of the Services. 

5. Warranties  

You represent, warrant and undertake that: 

You have the full authority to perform your obligations under these Terms, without causing any conflict, breach, or default under any other agreement to which you are a party. Additionally, to your knowledge, there are no legal actions, either threatened or ongoing, that would significantly impair your ability to conduct business as intended here or negatively impact the financial condition or operations of Hubtel. Furthermore, you confirm that you have obtained, and will maintain throughout the duration of this engagement, all necessary licenses, consents, and approvals required for the provision of the Services 

6. Intellectual Property 

The Hubtel Trademarks are owned by and will remain the exclusive property of Hubtel. Nothing in these Terms shall give you any right, title or interest in or to any trade name, trademark or service mark owned by Hubtel.  

7. Data Protection  

7.1 When You register on the Hubtel Careforce App  as a Rider, Hubtel will process your personal data as Controller in accordance with the provisions of this clause. 

7.2 Both Parties undertake to respect at all times the obligations set forth in the Data Protection Act, 2012 (Act 843) of Ghana  as well as any other local regulations in force that may be applicable. 

7.3 In line with the above, Hubtel may process the following categories of Data, without prejudice to any others that may be requested throughout the relationship: 

8. Insurance and Liability 

8.1 You shall have liability for and shall indemnify Hubtel for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you  including any negligent or reckless act, omission or default in the provision of the Services and shall accordingly maintain in force during the Engagement full and comprehensive Insurance Policies required by law. 

8.2 You shall on request supply to Hubtel copies of the Insurance Policies and evidence  that the relevant premiums have been paid. 

9. Consequences of Violation  

9.1 Violation of these Terms may lead to suspension of your account for a period not less than one day.

9.2 Violation of these Terms by you may lead to termination of your account and the Services provided or legal action. 

10. Termination 

10.1 Notwithstanding the provisions of clause 2.2, Hubtel may terminate the Engagement with immediate effect without notice and without any liability to make any further payment to You (other than in respect of amounts accrued before the Termination Date) if at any time: 

10.1.1 you commit any gross misconduct affecting the Business of Hubtel; 

you commit any serious or repeated breach or non-observance of any of the provisions of these terms or refuse or neglect to comply with any reasonable and lawful directions of Hubtel; 

10.1.2 you are found to have been or are convicted of any criminal offence including   any road traffic offence under legislation in Ghana for which a fine or non-custodial penalty is imposed; or 

10.1.3 you are, in the reasonable opinion of Hubtel, negligent or incompetent in the performance of the Services. 

10.2 The rights of Hubtel under clause 10.1  are without prejudice to any other rights that it might have at law to terminate the Engagement or to accept any breach of these Terms on your part as having brought the engagement to an end. Any delay by Hubtel in exercising its rights to terminate shall not constitute a waiver of these rights. 

11. Obligations on termination 

11.1 On the Termination Date you shall: 

11.1.1 immediately deliver to Hubtel all Hubtel Property and original Confidential Information which is in your possession or under your control; 

11.1.2 subject to Hubtel’s data retention guidelines, irretrievably delete any information relating to the Business of Hubtel stored on any magnetic or optical disk or memory (including but not limited to any Confidential Information) and all matter derived from such sources which is in your  possession or under your control outside the premises of Hubtel. This obligation includes requiring any Independent Contractor engaged to provide services under these Terms to delete such information where applicable. For the avoidance of doubt, the contact details of business contacts made during the Engagement are regarded as confidential information and, as such, must be deleted from personal social or professional networking accounts; and 

11.1.3 provide a signed statement that it or they have complied fully with its or their obligations under this clause 11, together with such evidence of compliance as Hubtel may reasonably request. 

12. Status 

Your relationship to Hubtel will be that of an independent contractor and nothing in these Terms shall render you an employee, worker, agent or partner of Hubtel and you shall not hold yourself out as such. 

12.1 You shall be fully responsible for and shall indemnify Hubtel for and in respect of the following: 

12.1.1 any income tax, and social security contributions and any other liability, deduction, contribution, assessment or claim arising from a determination that the Engagement is deemed as employment of you by Hubtel or made in connection with either the performance of the Services or any payment or benefit received by you in respect of the Services, where such recovery is not prohibited by law. You  shall further indemnify Hubtel against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Hubtel in connection with or in consequence of any such liability, deduction, contribution, assessment or claim; 

12.1.2 any liability arising from any employment-related claim, or any claim based on worker status (including reasonable costs and expenses) brought by you against Hubtel arising out of or in connection with the provision of the Services.  

12.1.3 Hubtel may at its option satisfy the indemnities (in whole or in part) by way of deduction from payments due you. 

13. Force Majeure  

13.1.1 Force Majeure means any event beyond the control of the Party raising Force Majeure or any unforeseen and unavoidable acts, including, without limitation, acts or orders of any competent legal or regulatory authority, public disorders, war, revolution, strikes, fires, extraordinary floods, epidemics, quarantines, or failure or other situations making the performance of such party’s obligations hereunder impossible (whether totally or almost complete). 

13.1.2 Should either Party to these Terms fail to perform any or all of its obligations hereunder by reason of Force Majeure such failure shall not be regarded as a breach of the provisions of these Terms if it occurs within 72 hours of commencement of same, and provided always that the Force Majeure shall not continue for more than 14 days continuously. 

13.1.3 In the event that the Force Majeure shall so continue, either Party shall be entitled to terminate the Engagement immediately upon notice to the other Party to that effect.  

13.1.4 All obligations under these Terms shall immediately cease, without prejudice to accrued rights of both Party and due at the time of said termination. 

14. Notices 

Communications will be sent to you through the Hubtel Careforce App or to the mobile number you provided when you were onboarded. 

15. Amendment  

15.1 Hubtel may amend the Terms and Conditions and their annexes at its sole discretion and without prior notice.   

15.2 The Amendments shall take effect as soon as the updated Terms and Conditions or any amended policies or additional terms about the applicable Services are posted here by Hubtel. 

15.3 If Hubtel  makes important changes to the Terms and Conditions, You will be notified as appropriate in view of the circumstances on the Platform, etc. You must therefore ensure You read such notices carefully. 

15.4 If You do not wish to continue using the Platform in accordance with the amended Terms and Conditions, You may cancel your Account. 

15.5 Your continued access to, or use of, the Services after the posting of the Amendments constitutes implied, necessary and sufficient consent to be bound by the Terms and Conditions as amended. 

16. Third party rights 

16.1 A person who is not a party to these Terms shall not have any rights under the Contracts Act, 1960 (Act 25) to enforce any term of these Terms.  

17. Governing Law & Jurisdiction  

17.1 These Terms and any dispute or claim arising out of or in connection with it or its subject  matter or formation including non-contractual disputes or claims shall be governed by and construed in accordance with the law of Ghana. 

17.2 Each party irrevocably agrees that the courts of Ghana shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). 

SCHEDULE 1 – Services 

City of operation:  

Hubtel requires, and You shall be responsible for:  

• Contacting customers to verify delivery address where required. 

• Picking up orders / items and delivering them safely to customers on time. 

• Ensuring all scheduled deliveries are made on time. 

• Ensuring that the motorcycle is cleaned routinely. 

      Requirements / Skills / Qualifications 

      Your  job description should include these common skills and qualifications: 

• A minimum of Secondary School Leaving Certificate 

• Proven experience as a dispatch rider or relevant position. 

• Must be a skilled rider with at least two years riding experience. 

• Ability to communicate, read and write English.  

• Ability to use Google Maps to navigate and make deliveries.  

• Organizational and multitasking abilities 

• Ability to work under pressure. 

• Have good numeracy skills for delivery and expenses records. 

• Polite and able to get along with people. 

• Must be reliable and punctual.