Oma Terms of Service

This Terms of Service is a legal agreement between you (hereinafter referred to as "RIDER") and OMACABS LTD regarding usage of OMA App for the purpose of requesting and receiving Transportation Services.

In order to request and receive Transportation Services using the OMA App you must agree to the terms of Service that are set forth below.

1. DEFINITIONS

  • 1.1. OMACABS LTD (also referred to as ”OMA”, "we", "our" or "us") – is a limited liability company registered in Nigeria at the Corporate Affairs Commission with registration number RC: 1504190, having its office at Bethel Plaza, 36 Garden Avenue Enugu.
  • 1.2. OMA Services – services that OMA and/or its Partners provide a Rider, including provision and maintenance of the OMA App and the OMA platform, connecting a Rider to a Driver Partner for the purpose of providing transportation services to the Rider, client support, mediation of the payments and communication between a Rider and the Driver or other similar support services as described in these General Terms or the Agreement.
  • 1.3. OMA App – OMA App refers to a Mobile Application developed by OMACABS Ltd which the Rider uses to request and receive Transportation Services from a Driver Partner. OMA App is available on Google Play and Apple Store or via OMA website: www.oma.ng
  • 1.4. Customer/Rider/You – a person requesting Transportation Services from a Driver Partner using the OMA App.
  • 1.5. Driver Partner– the person providing Transportation Services via the OMA App. A Driver Partner is therefore an Independent Third Party seeking to use OMA App to further the business of transportation by rendering transportation services. A Driver Partner is therefore not an employee of OMACABS ltd and is therefore not entitled to pensions, remunerations and benefits.
  • 1.6. Agreement – any agreement between OMACABS ltd and Rider/You regarding the use of the OMA App. The Agreement consists of these General Terms, Privacy Policy, other additional terms and conditions or documents referred to herein or agreed in the future between you and OMA.
  • 1.7. License – Rider (s) right to use the OMA App and the Website in accordance with the Agreement.
  • 1.8. Website – OMA website with domain name- www.oma.ng

2.0 USE OF OMA APP

  • 2.1 OMA Installation – To use OMA, a Rider must first install the software, and register a user account. As part of the user account registration, Rider’s phone number, email address, and name are added to OMA’s database.
  • 2.2 Trip Fare –In order to use the OMA App, a rider is obliged to pay a Trip Fare (i.e. the total price calculated automatically by the OMA App using base price, distance covered and trip duration at the end of the rider’s trip) for the provision of transportation services to the rider. OMA reserves the right to review the prices or any other rate(s) as may be advised in the future and such shall be based on OMA’s sole discretion. Consequently, the continued access or use of the Services after such review constitutes Rider’s consent to be bound by the Terms, as amended. A Rider can make Trip Fare payment using cash or debit/credit card.
  • 2.3 OMA Rider’s Trip History – Rider’s trip information including pick location, destination and other relevant data are added to OMA database.
  • 2.4 Transportation Services – the transportation service you receive from a Driver Partner after requesting for a ride on OMA App.
  • 2.5 Credit/Debit Card Payment – OMA In-Built Payment System powered by “PayStack” enables rider to make payment via credit/debit card. To use credit/debit payment, a rider must first register his/her card details. Credit/Debit Card payment on OMA is processed by “PayStack”. A service fee is added on every Credit/Debit card payment on OMA. Once the ride is completed and driver partner ends the trip, the trip fare is automatically deducted from Rider’s Credit/Debit card and a receipt is send to the rider via email. Where a Rider has insufficient funds in his/her Credit/Debit card to pay for the ride, the app will revert to default cash payment.

3.0 A RIDER SHALL ACCEPT THE FOLLOWING CONDITIONS:

  • 3.1 Rider(s) will be responsible for obtaining the data network access necessary to use the Services as applicable from Rider (s) network provider. Rider shall be responsible for such data rates, SMS charges etc.
  • 3.2 Rider(s) is responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. OMA does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Please note that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  • 3.3 Rider shall at all times confirm that the Driver Partner’s profile including car/keke information to match the details on OMA App before entering into the car/keke.
  • 3.4 OMA shall have the right to collect and add rider’s personal data to OMA’s database.
  • 3.5 OMA shall have the right to transfer rider’s personal data and bank data to mobile payment intermediaries.
  • 3.6 OMA shall have the right to send authentication code and marketing messages to a rider through Email and SMS.
  • 3.7 OMA has the right to forward rider’s personal data to a third party transportation service provider.
  • 3.8 OMA is entitled to unilaterally amend the Terms of Service. OMA will notify the rider of changes to the Terms of Service.
  • 3.9 Rider is obliged to conduct himself/herself in a responsible and professional manner in accordance with the business ethics applicable to receiving such services. Consequently, Rider (s) must:
  • Pay the Trip Fare that is auto calculated using Base Price, Distance Covered, and Trip Duration at the end of a every trip.
  • Not carry any illegal goods or firearm or any unauthorized material(s).
  • Not be accompanied by a wanted man/woman or a criminal or a kidnapper or any person that poses danger to the Driver Partner or Public
  • Not be accompanied by passengers that exceed the maximum no of passengers for a particular Ride.
  • Not steal, kidnap or engage in deliberate acts of recklessness capable of harming the Driver Partner or putting the Driver Partner in harm’s way
  • Not use abusive promotions; collude with Driver Partner; disputing fares for fraudulent or illegitimate reasons; or use duplicate accounts.
  • Not make false claims to lost goods/items.

4.0 OWNERSHIP

  • 4.1. Ownership
  • All the Service(s) ancillary or otherwise and the rights appertaining to, therein are and shall remain OMACABS Ltd Ltd property or the property of OMACABS Ltd licensors. The Terms and your use of the Services does not give the Rider any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner OMACABS Ltd company names, logos, product and service names, trademarks or services marks or those of OMACABS Ltd licensors.

5. LIMITATION OF LIABILITY; INDEMNITY AND DISCLAIMERS

  • 5.1 Limitation of Liability
  • Where there are cases of missing or stolen goods, OMA will ensure that it follows up with the Driver Partner concerned and will avail the Rider of assistance-information aimed at recovering missing goods.
    OMA will therefore not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, lost items/goods, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the service(s).
    OMA shall not be liable for any damages, liability or losses arising out of Rider’s
  • Use of or reliance on the service(s)
  • Inability to access or use the service(s)
  • Delay or Failure in performance in any transaction or relationship between Rider and any third party provider resulting from causes beyond OMA’s reasonable control even where advised of the possibility of such damage.
    A Rider may use OMA services to request and schedule transportation services with third party providers, but the Rider agrees that OMA has no responsibility or liability to him/her relating to any transportation services provided to the Rider by third party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section 5.1 & 5.3 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
  • 5.2 Indemnity
  • You are fully liable and shall indemnify OMA, its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that OMA and/or any of its Affiliates or representatives may occur in connection with your breach of the Agreement and/or claim by an Independent Third Party (including the Driver Partner) directly or indirectly related to provision of Transportation Services.
    Should any Independent Third Party present any claims against OMA in connection with provision of Transportation Services to you, then you shall compensate such damage to OMA in full within 7 (seven) days as of your receipt of the respective request from OMA.
  • 5.3 Disclaimer
  • The services are provided “as is” and “as available.” OMACABS Ltd shall make necessary effort to ensure that only qualified Driver Partners with good character and integrity are signup on OMA App as third party transportation service provider. OMACABS Ltd shall not guarantee the quality, suitability, safety or ability of third party providers. OMACABS Ltd disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non- infringement.
    OMACABS Ltd hereby disclaims all representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Consequently, the entire risk arising out of Rider’s use of the service(s) requested remains solely with the Rider, to the maximum extent permitted under applicable law.

6.0 OTHER PROVISIONS

  • 6.1 Claims of Copyright Infringement.
  • Claims of copyright infringement should be sent to OMA’s designated agent.
  • 6.2 Notice.
    OMA’s notice will be sent/passed across through a general notice on the Services, electronic mail to Rider’s registered email address, or by SMS to Rider’s registered phone number. Rider can equally give his/her notice to OMA by written communication to OMA's email address ‘[email protected]’.
  • 6.3 Termination of Contract.
      A Rider may terminate the Agreement at any time by notifying OMA at least 7 (seven) days in advance, after which your right to use the OMA App and OMA Services shall terminate or be terminated as the case may be. The Agreement will also terminate upon the deletion of your OMA App account.
      OMA may terminate the Agreement at any time and for any reason at the sole discretion of OMA by notifying you at least 3 (three) days in advance.
      OMA is entitled to immediately terminate the Agreement and block Rider’s access to OMA App without giving any advance notice where there is a breach of the Agreement, any applicable laws or regulations, disparage OMA or its Affiliates, or cause harm to OMA or its Affiliates’ brand, reputation or business as determined by OMA in its sole discretion. In the aforementioned cases OMA may, at its own discretion, prohibit the Rider from registering a new account.
      OMA may also immediately block a Rider’s access to the OMA App and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from a Rider behalf. The block of access will be removed once the investigation disproves such suspicions. OMA shall only use the right described herein in good faith.
  • 6.4 General.
  • The Terms are not transferable in whole or in part without OMA’s prior written approval. Rider therefore gives his/her approval to OMA to assign or transfer these Terms in whole or in part, including to
      A subsidiary or affiliate
      An acquirer of OMA’s equity, business or assets
      A successor by merger.

    Please note that no joint venture, partnership, employment or agency relationship exists between Rider, OMA or any Third Party Provider as a result of the contract between a Rider and OMA or use of the Service(s).
    Where any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected.
    Parties shall therefore be free to replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
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  • [email protected]
  • Suite D7 Bethel Plaza, Garden Avenue Enugu, Nigeria.
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