Tak Tak - General Terms for Drivers


The following are the terms and conditions that govern your use of the Tak Tak platform. By using the platform, you acknowledge that you have read, understood, and unconditionally agree to all terms and conditions below. If you do not agree, you are prohibited from using the Tak Tak platform.


1. DEFINITIONS


1.1. Tak Tak (also "we," "us," "our") - Tak Tak is a technology service provider. Our role is limited to operating the mobile application platform. We do not provide transportation services.


1.2. Tak Tak Services - Limited services consist of providing the Tak Tak application, payment processing (if available), and minimal support. We have no other obligations.


1.3. Tak Tak application – A mobile application for access to the platform.


1.4. Tak Tak platform - Technology that connects passengers and drivers.


1.5. Passengers - Individuals utilizing the Tak Tak platform for transportation requests.


1.6. Driver (also referred to as "you") – An individual using the Tak Tak platform to offer transportation services. You are solely responsible for your service.


You acknowledge that your provision of transport services is entirely independent of Tak Tak. Tak Tak only provides the technology platform; we are not involved in your actual transport services and we bear no responsibility for them.


You assume all risks associated with providing transport services. Tak Tak is not liable for any damages, issues, or consequences arising from your service. Our responsibility is solely limited to maintaining the Tak Tak application. We are not responsible for any issue whatsoever related to your activity.


1.7. Agreement - This agreement between you and Tak Tak for use of the Tak Tak platform consists of:

1.7.1. These General Conditions;

1.7.2. Any specific conditions displayed in the Tak Tak application (which can be changed at any time);

1.7.3. Driver guidelines, which are for informational purposes and are not mandatory (these can be changed at any time); and

1.7.4. Other terms contained herein or communicated to you.


1.8. Fare - The payment a Passenger may provide to the Driver for transport services. This is strictly an agreement between the Driver and Passenger; Tak Tak is not involved.


1.9. Tak Tak Fee - The fee you pay to Tak Tak *for access* to the Tak Tak platform.


1.10. In-App Payment – If made available by Tak Tak, a payment method using the Tak Tak platform, for which we are not liable for any issues.


1.11. Tak Tak Driver Account – Access to a website for managing your Tak Tak platform use and accessing any data we may provide you, which you agree may not be complete or accurate. The processing of your personal information is done according to our privacy policy available in our website and you explicitly accept our use of your personal data by accessing this service.


1.12. Tip - Optional, discretionary payment from the Passenger directly to the Driver, for which Tak Tak has no responsibility.


1.13. Transport Services - Non-scheduled transportation of people, using your vehicle, that you provide as an independent activity. You are solely responsible for the transport you offer to the Passenger.


2. ENTRY INTO FORCE OF THE AGREEMENT


2.1. Before using Tak Tak, you must register by providing the information we request. You can sign up as an individual or a company.


Upon successful registration, you will be given a personal account. By signing up, you affirm:


2.1.1. You have the authority to use the Tak Tak platform to offer transport services.

2.1.2. You have carefully studied, understood, and agreed to be bound by these terms and conditions, even if you did not actually read them;

2.1.3. All information you provide is your responsibility, and we accept no responsibility for its accuracy.

2.1.4. You will keep your Tak Tak Driver Account information up to date, however we are not liable for any consequences of out-of-date information.

2.1.5. You will not allow others to use your Tak Tak Driver Account, and we are not liable if you do.

2.1.6. You will not use Tak Tak services for unauthorized or illegal purposes, or damage its operation. However, we are not liable for any consequence of your use.

2.1.7. You will comply with all applicable laws where you provide transport services, and we have no responsibility in this regard.


2.2. You must provide your bank account details. Tak Tak is not responsible for incorrect transactions for *any* reason.


2.3. Post-registration, we may (or may not) provide additional requirements. These requirements may include documentation, vehicle inspections, training, and other conditions. Failure to meet *any* requirements may result in termination of this agreement. We may or may not notify you of any reason for termination.


2.4. Tak Tak can assign its rights and obligations of this agreement to any of our partners.


2.5. Registering as a Company: If the recipient of fees is a company, that company is considered the service provider and is responsible for all service issues. The individual providing the transportation service is also responsible. Both are liable.


2.6. Fleet Account Registration: Fleet companies are responsible for their drivers and their actions and they are all responsible to comply with this agreement.


3. RIGHT TO USE THE Tak Tak APPLICATION AND Tak Tak DRIVER ACCOUNT


3.1. License to Use: Subject to your compliance with this agreement and at our sole discretion, we grant you a limited, revocable license to use the Tak Tak Application and the Tak Tak Driver Account. This license does not grant you the right to sublicense or transfer rights to third parties, and we can terminate this license at any time for any reason. Fleet companies may sublicense as per a separate agreement, for which we have no liability.


3.2. During your use of the Tak Tak Application or Driver Account, you will not:


3.2.1. Decompile, reverse-engineer, or attempt to obtain the source code of the Tak Tak application or software.

3.2.2. Modify the Tak Tak application or use modified versions.

3.2.3. Transmit files containing viruses or programs that negatively affect the Tak Tak platform.

3.2.4. Attempt unauthorized access to the Tak Tak platform.


3.3. Tak Tak may require you to verify your identity, or not, at our sole discretion. You may not be able to provide transport services until the verification is complete, or not. We can change this at any time. Failure to complete verification may result in suspension or termination of your account.


3.4. The license will be automatically revoked upon termination of the agreement, without any notice. You must cease using the Tak Tak application and Tak Tak Driver Account. We may block and delete your account without notice. You are permitted to request your personal data before account deletion; however, we may refuse this request and are not liable if we do so. Upon deletion, Tak Tak will delete all personal data in our possession, if any.


3.5. Use of Tak Tak Tags: We *may* provide you with branding materials. You have a limited, non-exclusive, non-transferable license to use these which we can revoke at any time and for any reason, without any liability whatsoever. You must remove and destroy all such items upon termination of this agreement.


3.6. All copyrights and trademarks, including source code, databases, logos, and visual designs, are the property of Tak Tak and are protected. Using the Tak Tak platform gives you no ownership or claim to any intellectual property.


4. PROVIDING TRANSPORT SERVICES


4.1. Driver Obligations: You are solely responsible for providing transportation. You are responsible for any violation of applicable laws in the jurisdiction in which you operate. We have no liability for anything relating to your services, and you agree not to hold us responsible for them.


4.2. You must have all necessary licenses, permits, insurance, registrations, and other documentation required by law, at your sole expense. You are responsible for maintaining the validity of *all* such documents. Tak Tak *may* request proof of any necessary documents, or not, at any time, and we are not liable if you fail to comply with such requests, or if we don't make such requests.


4.3. You are required to provide transport services in a manner that is acceptable to you. You will try to satisfy the passenger, but your decisions are final. Tak Tak is not responsible for the manner or outcome of any service you provide and have no liability whatsoever.


4.4. You have the right to determine when you provide transport services. This decision is entirely yours, and we are not responsible for anything related to your decisions.


4.5. Costs of Service: You are responsible for providing and maintaining all necessary equipment, including vehicle, mobile phone, etc., at your sole cost and expense. You are solely responsible for *all* expenses related to providing transport services. You are responsible for all data usage costs and any issues it may cause.


4.6. Fares: You may charge a fare for each accepted passenger as you see fit. We *may* suggest a fare, but you are not obligated to follow this and we are not liable for your pricing decisions. You are still obligated to pay Tak Tak fees, and the payment of such fees is not related to the payment you receive from the passenger.


4.7. Initial Fare: A Passenger may be presented with an initial fixed fare. This is an estimate, and the final fare is subject to whatever you decide. Tak Tak is not liable for any discrepancies in the final fare.


4.8. Fare Review: Tak Tak is not obligated to recalculate or reimburse fares for any reason.


4.9. Tak Tak *may* adjust or cancel fares if we detect any violation, error, or suspicion of fraud, however we are not obligated to do so.


4.10. Passengers may pay you directly, if possible, or through In-App Payment, as available. You are responsible for collecting direct payment from passengers if we do not offer in-app payment. We are not liable for the failure of passengers to pay or for any associated losses.


4.11. Tips: Passengers *may* tip you via authorized payment channels within the Tak Tak app. If this function is available we will manage tips. Tak Tak will not collect a commission on tips, but we have the right to collect or withhold tips for any reason, at our sole discretion, and you have no claim or recourse against us.


4.12. Receipts: Tak Tak is not obligated to provide receipts to anyone.


4.13. Cancellation and Wait Times: Passengers may cancel a request. You are solely responsible for *any* losses related to *any* cancellation. You are not guaranteed any cancellation fee. Any cancellation fee that may apply is strictly between you and the passenger.


4.14. Damage to Vehicle: If a passenger damages your vehicle, you are solely responsible for any resulting costs. We have no liability for vehicle damage for any reason.


4.15. Your Tax Obligations: You are solely responsible for all tax obligations. You will indemnify Tak Tak for any state fees, claims, fines, or liabilities related to your tax obligations.


4.16. Driver Authorization to Issue Invoice: Tak Tak has no obligation to issue invoices on your behalf or to handle any aspect of invoicing.


5. Tak Tak FEES


5.1. You are obligated to pay Tak Tak fees for using the Tak Tak platform, regardless of whether you receive any payment from passengers or not. Fees are determined by us and may be based on various factors or may be a fixed fee. The Tak Tak fee amount will be available to you via our chosen method, which may be changed at any time. Fees may change at any time without prior notice, based on our sole discretion. We may increase the highest rate at any time, without prior notification, and without any liability for any negative consequence to you.


5.2. You must pay Tak Tak fees and any other amounts due to us by a date that we decide at our sole discretion, without any prior notice to you. Late payments may be subject to *any* penalty we decide, without any liability or obligation to refund. You are liable for *all* collection costs and any expenses we incur to collect the outstanding fees.


6. IN-APP PAYMENTS


6.1. We *may* allow Passengers to pay for transport services via in-app methods, if we decide to make this option available. We are not obligated to make this option available at all, and we can terminate this option at any time. You authorize us to collect fees, if any, but we are not obligated to transfer any funds to you. All payment obligations of the passenger are considered fulfilled once the payment is processed.


6.2. You *must* accept in-app payments if available and we are not liable if this causes you any issue, and you cannot discourage passengers from using in-app payment. Failure to comply *may* result in a penalty that we determine at our sole discretion, as well as temporary or permanent blocking from the platform.


6.3. Tak Tak *may* distribute promotional codes to passengers. You must accept the promotional code when the passenger uses it for a card-based payment. Promotional codes cannot be applied to cash rides, if they are permitted. If any use of promotional codes are deemed fraudulent or illegal by Tak Tak at our sole discretion, the promotional code can be cancelled, and no refund will be provided to the Driver by Tak Tak.


6.4. If a passenger chooses to tip you via in-app payment (if such payment is available), the tip *may* be collected and transferred by Tak Tak, at our discretion. Tips are not subject to Tak Tak fees, unless we decide otherwise. If the tip payment is considered illegal or not used for the intended purpose by Tak Tak, at our sole discretion, the tip *may* be withheld by Tak Tak without any liability to you. You are responsible for tracking your in-app payment reports, which we may or may not provide and may or may not be accurate. You must notify us of any circumstances that *may* affect our obligations to collect and distribute in-app payments if we choose to have such obligations.


6.5. We are not obligated to pay you if an in-app payment fails for *any* reason. We *may* assist you in requesting payment from the passenger, but we are not liable if payment is not received, and there is no obligation for us to help you get payment.


6.6. Before providing transport services, it is your sole responsibility to verify you are providing the service to the correct passenger, or that the passenger has explicitly authorized other passengers. If you make any error in identification of the passenger, you are fully liable for *any* refunds we provide to passengers who did not request services or authorize them and for any losses you may experience. Furthermore, you *may* be subject to a penalty that we will decide at our sole discretion for each instance, and there is no limit to the amount of penalty we can impose.


6.7. We will offset *any* payments owed to you with *any* amounts you owe to us, including fees and penalties. We are not obligated to remit any funds, and we are not liable for any losses you may experience.


6.8. If we are unable to pay you due to incorrect bank account information or if we decide not to, we will hold payments for 180 days. If you do not provide correct information within this period your account will be suspended, until you remedy the issue, if we choose to allow you to remedy the issue, and the payments will be kept by us without any liability. In all cases, Tak Tak acts in accordance with applicable Tunisian laws regarding electronic commerce, to which you agree and for which we are not liable.


7. CUSTOMER SERVICE


We provide *minimal* customer support for drivers, or not at all, as determined by us at our sole discretion, and we are not liable if we do not provide any customer support to you. We can terminate any support services at any time, for any reason, and without any liability to you.


8. RATINGS AND ACTIVITY


8.1. Passengers *may* rate and leave comments regarding the quality of your transport services, if we allow it, and we are not liable if the rating is unfair. Your average rating *may* be linked to your account and made available to passengers. We have no obligation to remove bad reviews or comments.


8.2. We *may* measure your activity level and provide an activity score, but are not obligated to do so and we are not liable if we fail to measure such activity. We have the right to change the metrics that we use. This score is based on our calculation of your acceptance, refusal, non-response, and completion of service requests. We can change the measurement metrics at our sole discretion.


8.3. We may set minimum average rating and activity score requirements, which we can change at any time, at our sole discretion. If you fail to meet *any* requirements after any notice, or if no notice is provided, your Driver Account *may* be suspended or terminated, and we are not liable for any damages or losses resulting from this.


9. MARKET OVERVIEWS AND CAMPAIGNS


9.1. Market Overviews: We *may* send market overviews via any means, or not at all. These are suggestions only and are not obligations. We do not guarantee the accuracy of *any* market overview, and we are not liable for any losses you may experience as a result of using any of the market overviews.


9.2. Campaigns promising minimum income: We may offer campaigns, at our sole discretion. We may or may not compensate you if the minimum is not reached, based on our sole discretion. Specific requirements will be communicated via *any* means we choose, or not at all. We can decide at our discretion if, when, and to whom such campaigns are offered. We can withhold funds if we suspect fraudulent activity, without any liability to you.


9.3. Passenger Campaigns: We *may* organize passenger campaigns, at our discretion. If the fare is reduced as part of a campaign, we *may* provide compensation, but we are not obliged to do so. We *may* deduct marketing compensation from the Tak Tak fees, at our sole discretion.


10. RELATION BETWEEN YOU, US, AND PASSENGERS


10.1. You acknowledge that we provide a technology service and *not* transportation services. We are not a transportation company. We merely connect passengers with drivers. You are providing transport services based on your *own* agreement with passengers, and Tak Tak is not a party to that agreement. Tak Tak is a communication provider and platform to connect Drivers and Passengers. Tak Tak is a technology provider that may process payment on behalf of the driver, where such option is available and authorized.


10.2. You acknowledge that *no* employment or work relationship exists between you and us, regardless of the reality of the situation. We are not your employer. No joint venture or partnership exists between us. You cannot act as an employee, agent, or representative of Tak Tak, nor bind any contract on our behalf. If, in any jurisdiction, you are deemed to be an employee for any reason, you waive *all* claims against us related to that, and we have no liability whatsoever.


10.3. You cannot transfer your rights and obligations under this agreement to any third party, at any time.


11. PROCESSING OF PERSONAL DATA, ACCESS TO DATA


11.1. Your personal data *may* be processed according to our privacy policy, which is available in our website. We can change this privacy policy at any time without telling you, and we have no liability for anything relating to this. By using the Tak Tak platform, you agree to this policy and its changes.


11.2. Tak Tak *may* have access to *all* your data, and we are not liable for *any* use of it.


11.3. You *may* have access to *some* data, but we are not obligated to provide it. We are not liable for *any* of your actions regarding this data. By using this platform you explicitly give your consent for your data to be processed by us and our partners.


13. LIABILITY


13.1. The Tak Tak Platform is provided "as is" and "as available." We are not liable if it doesn't work. We make no guarantees.


13.2. To the fullest extent permitted by law, *we are not liable for anything*, including any loss or damages you may suffer, for *any* reason. This includes, but is not limited to:


13.2.1. Any direct or indirect damages, or financial loss, of any kind and without limit.

13.2.2. Loss of profit or anticipated savings, of any kind and without limit.

13.2.3. Loss of business, contacts, goodwill, reputation and loss resulting from business interruption, of any kind and without limit.

13.2.4. Loss or inaccuracy of data, of any kind and without limit.

13.2.5. Any other type of loss or damage, of any kind and without limit.


13.3. Our liability is limited to 0 DT. We will not pay you for anything, ever. You can only claim damages if you prove we *deliberately* tried to hurt you, which we won't do.


13.4. We are not responsible for *any* passenger's actions.


13.5. You are *solely* responsible for *everything*. You will pay all costs, including our costs, for *anything* related to your activities. You agree to pay us for any loss, damage, expense, penalties, or fines, even if it's not your fault.


14. NO PAYMENTS FROM Tak Tak


14.1. Tak Tak will not pay you for *anything*. This includes fares, tips, incentives, or reimbursements, *for any reason*. You agree that Tak Tak has no obligation to pay you anything, and that any revenue you earn is between you and the passenger, or through some other payment method for which we have no obligation. You will not hold us liable for *any* payment issues.


15. DURATION, SUSPENSION, AND TERMINATION


15.1. This agreement starts when you register.


15.2. You can stop using the platform whenever you want, but we can terminate this agreement at any time, and for *any* reason, without any prior notification, with no liability towards you.


15.3. We can terminate this agreement *immediately* if you violate the agreement, any law, or if we do not like you, for any reason we decide, and without any prior notice or liability. We can also block you from creating another account.


15.4. We can suspend your access to the Tak Tak platform *at any time*, without any prior notice and without any reason, and we are not liable for *any* losses you may experience.


15.5. If you don't meet our requirements, we can terminate this agreement without notice, and without liability to you.


15.6. You cannot appeal our decision to terminate this agreement.


16. CANCELLATION AND WAIT TIMES


16.1. Passengers may cancel a request. You are solely responsible for *any* losses related to *any* cancellation. You are not guaranteed any cancellation fee. Any cancellation fee that may apply is strictly between you and the passenger.


17. MODIFICATION


17.1. Tak Tak can change these terms at any time without telling you. We will post the changes on our website, and you are responsible for checking it. If you keep using Tak Tak, you agree to the changes.


17.2. We may or may not provide any notice for changes, and you agree to abide by changes even if you never receive notice.


17.3. If you don't agree to changes, you must stop using Tak Tak. If you keep using it, you agree to the new terms, without any claim, recourse, or liability against us.


18. APPLICABLE LAW AND JURISDICTION


18.1. This agreement is governed by the laws of the Republic of Tunisia. Any dispute you have with us will be dealt with in the courts of Tunis. You agree that these courts are the only place where you can bring legal action against us, and you waive any other rights you may have.


19. NOTICES


19.1. You are *solely* responsible for updating your contact information. We are not liable if you do not provide accurate information or if we fail to contact you for any reason.


19.2. We can provide you with a notice in *any* way we choose. This may include, but is not limited to:

19.2.1. Personal delivery, which is not a method we intend to use

19.2.2. Courier with proof of delivery, a method we will likely never use.

19.2.3. Registered mail, a method we may or may not use.

19.2.4. Email, which we may or may not send, and we are not responsible for delivery

19.2.5. Posting to the Tak Tak app or Driver Account, which we may or may not provide.


19.3. Any notice that we send to you will be considered as received:

19.3.1. If personally delivered, at the time we decide it was delivered, whether or not it actually was.

19.3.2. If delivered by courier, on the date we decide it was delivered, whether or not it actually was.

19.3.3. If sent by registered mail, on the 10th day after we decide to send it, whether or not you actually receive it.

19.3.4. If made available on the app or Driver Account, at any time that we decide, regardless if you checked.

19.3.5. If sent by email, on the day we choose, regardless if you received the email, and if we receive an error notice, we are under no obligation to resend.


We are not obligated to prove that you received a notice.


20. FINAL PROVISIONS


20.1 If any part of these terms and conditions are deemed unenforceable, that will not affect the validity of the rest of the agreement. We will substitute the unenforceable part with one of our choosing and you have no right to question it. We are not liable for that choice.


21. NO LIABILITY FOR Tak Tak


21.1. You fully understand and agree that Tak Tak will *not* be liable for *any* damages, losses or other issues you may have when using the platform or when not using the platform. This means we have absolutely *no* liability for *anything*. We do not guarantee the app will work, or that it will be useful, or that your use will not have negative consequences. You are using the platform *entirely* at your own risk.


22. NO OBLIGATION FROM Tak Tak


22.1 Tak Tak has *no* obligation to you, of any kind. We have no duty to protect you, to help you, or to provide you with anything. We can change how we operate, what services we provide, or even if we provide services, at any time without any notice to you and without any liability towards you.


23. ENTIRE AGREEMENT


23.1 These conditions represent the complete agreement between you and Tak Tak. All other previous agreements are overruled and you have no right to claim any right for other previous agreements.


24. COMPLETE INDEMNITY


24.1 You agree that you will indemnify us from *any* claims, losses, costs, or damages related to your use of our platform, to your activity and any actions related to these terms. You will be *fully* responsible for *everything*.


25. LAST UPDATED


These Terms and Conditions were last updated on 22 January 2025. We can change this date and conditions at any time, without notice.

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