1. Preamble

1.1 The licensee and the holder of rights connected with using the TOLO ET application and the operator of the TOLO ET application (hereinafter as “Application”) is HOPIN, s. r. o., Nové záhrady I 16450/13A, 821 05 Bratislava, company registration No.: 45 643 423, tax registration No.: 2023083524, VAT registration No.: SK2023083524, registered in the Commercial Register of the District Court Bratislava I, Section Sro, insert No. 66329 B, e-mail address:, telephone: +421905 551 353 (hereinafter as “Company” or “We” in the appropriate grammar form). Tech city PLC is HOPIN company representative in country of Ethiopia and could use TOLO ET application regarding the licensing contract between HOPIN s.r.o and Tech City PLC.

1.2 These general terms and conditions (hereinafter as “GTC”) regulate legal relationships regarding the Application, rights and obligations of the company, taxi drivers legally using the Application (hereinafter as the “Driver”) as well as users of the Application who are interested in the taxi mediation services via the Application (hereinafter as “You” in the appropriate grammar form).

1.3 These GTC are a legally obligatory agreement between You and our Company. By downloading the Application, that precedes the obligation to express the consent with the acquaintance and the acceptance of these GTC, You undertake without reservation to abide by all conditions stated in these GTC and You declare that You agree with the GTC without a reservation, You are bound by the GTC and You oblige to abide by them, as well as You agree to abide by the applicable law (of the Slovak Republic and the state in which you are) and good manners, and You undertake not to do any acts contrary to the applicable law, good manners and these GTC.

1.4 If you do not agree with these GTC, you cannot use the Application and sign up for it, and in case that you are already registered, you are obliged to terminate using the Application and cancel the registration.

1.5 Access to and the use of the Application is available only to persons who have a legal capacity and are entitled to be legally bound under the applicable law. By accepting these GTC, You declare that You have a legal capacity and You are entitled to accept and abide by these GTC.

1.6 You acknowledge that any contract for the provision of transport services (taxi service) is negotiated between You and the Driver, not between You and our Company. Our company provides only a technology platform to connect Drivers with You.

1.7 Be advised that your ordered transport services are subject to different conditions (price, cancellation conditions) that the Driver determines, not Us. The Driver is in connection with the use of the Application bound by relevant rules applicable to the relevant type of transport. The driver is obliged to accept the transport request under conditions stipulated by stated regulations.

2. Changes and Amendments to GTC

2.1 We reserve the right at our discretion to modify these GTC and any other documents referenced here at any time and without prior notice. We will notify You of changes by sending a message or an other announcement. A change or an amendment of the GTC shall come into effect (unless otherwise stated) by its publication. Your continued use of the Application after the change or the amendment becomes effective is considered as a consent with the GTC changes and amendments. If You do not agree with the change or amendment of GTC, you are obliged to terminate the use of the Application and to cancel your registration.

3. Brief Characteristics of the Service Provided by the Application

3.1 The application makes it possible to mediate the conclusion of a contract for passenger transport (taxi) concluded between You and the Driver. The Company is not a party of the contractual relation between You and the Driver and is not liable for the execution of a mediated contract for a passenger transport (taxi) between You and the Driver.

3.2 By downloading the Application, you are able to order a transport (taxi service) according to your decision and choice from the selection of Drivers offered in the Application. The registered Driver in the Application has terms of his transport terms and conditions stated in the Application, according to which he performs a taxi service, as well as other features important for your decision on accepting his offer. Before choosing a particular Driver, You are obliged to get to know all the conditions stated in the Application by the Driver.

3.3 The taxi transport contract is exclusive between You and the Driver, whereas the moment of the contract being created is given by the Driver’s terms of service, it is usually the moment of entering the taxi vehicle. Detailed conditions applied to each Driver are listed in the Application.

3.4 Order of transport services. The condition for entering the request for transport services is the agreement with these GTC. Once you send a request, one or more Drivers are notified of this request, so that they can possibly respond with their offer. Our Company does not provide any guarantee that some of the addressed Drivers will respond to the request with their offers.

3.5 Offer of transport services. In case that the Driver responds to a request by confirming his availability and by his offer, You will be notified of this fact and You will receive detailed information about this offer. You agree with the payment in full for each Driver ordered through the Application for all services provided to You by this Driver.

3.6 Withdrawal from the contract. We instruct You and draw Your attention to the fact that by entering a request for transport services through the Application, You lose the right to withdraw from the contract for the mediation of transportation services with Us. By entering a request for transport services, You give Us an explicit consent to start providing Our services before the expiration of the statutory withdrawal period, and You declare that You have been properly instructed as a consumer to lose the right to withdraw from the contract by entering a request for transport services through the application. This applies only to a contract for the transport (taxi) mediation concluded electronically between Us and You as a customer and does not concern the contract of the transport (taxi) that the customer concludes with the Driver, on the content of which We have no influence.

4. Prices

4.1 The Application is provided for You free of charge, the cost of using remote means of communication (Internet connection, etc.) for its use is in the usual amount, depending on the tariffs of telecommunication services you use.

4.2 The estimated cost of the transport that will be displayed during the ordering is the price without any possible surcharges. All displayed prices are based on the prices of specific Drivers.

4.3 Should the estimated cost of the transport exceed the amount of 100,- brr, the Driver is entitled to refuse providing the transport until the time when the payment of the estimated transport price is made. The same applies in the case of multiple transports, should the sum of estimated prepayments in the given calendar month exceed brr 100,-.

5. Terms of Payment

5.1 Terms of payment are stated in detail in the application itself. The payment to the Driver for the provision of the transport (taxi service) will be made in accordance with the payment method that You have chosen. In case of the credit card payment, this will be done after the provision of the transport using the payment information You have provided to Us. You agree that We may perform authorization checks on connected credit cards, after the first connection and when You order the transport service using the Application.

5.2 After the provision of the transport, it is no longer possible to cancel the payment, namely due to the termination of the service. If You have any complaints regarding the service provided, this dispute must be resolved directly with the Driver, who provided the service.

6. Use of the Application

6.1 Use of the Application is permitted only for the purposes stated in these GTC. Use for any other purpose is prohibited without Our consent. You acknowledge and agree that You are not entitled to any reward for its use.

6.2 Any of Your questions, comments, suggestions, ideas, thoughts or other information about the application or services provided by it or through the mediation of it, which You will address to Us, may become Our property and We can use them to an unrestricted extent.

7. License to Use the Application

7.1 In accordance with these GTC, we grant you a limited, non-exclusive, revocable, non-transferable and indivisible license to use the Application solely for Your personal use and only in the connection with Your access to the Application and its use.

7.2 You are not authorized to use the application in other way, in particular You must not use, copy, modify, alter, create derivative works, distribute, license, sell, transmit, publicly display, publicly perform, publicly transmit, broadcast or otherwise use the Application, with the exceptions explicitly permitted by these GTC. You are not authorized to remove copyright notices and other proprietary rights that are contained in the Application.

8. Your Obligations, Responsibilities and Declarations

8.1 Your obligations:

a) You undertake not to use the Application if you have not reached the legal age for signing a contract with Our company, or if legal regulations do not permit You to use the Application or to accept these GTC.

b) You undertake to provide Us with all pieces information and data (including registration details). You can update or correct your data via the Application at any time.

c) You undertake not to use the Application in any way for any illegal purpose or in any illegal manner, in particular, but not exclusively, in a manner that would disrupt, damage, overload or restrict the Application or reduce its performance or bypass the purpose for which the Application is intended. You are obliged that You will not circumvent or modify the Application’s security measures or upload files that contain viruses, trojans or other malicious programs, access or attempt to access other users’ accounts, or interfere with or attempt to interfere with any security measures.

d) You undertake to use the application solely in Your own name, with Your own identity provided, and You will not pose as an other person, and You will not allow an another person to use the Application on Your behalf.

e) You are responsible for restricting other people access to your mobile device or other technology, and for confidentiality of your account and password, and for any activity done through your account or password. You are obliged to immediately notify Us of any unauthorized use of Your account or an other breach of security, and after each use of Your account, to make sure that You have signed out of Your account. We are not liable for any loss, injury or damage resulting from a failure to comply with the above provision.

f) You undertake not to use the Application in a way that would cause Us and/or pose a threat of any injury and/or damage.

g) You undertake to comply with all applicable legal regulations.

h) You undertake that if You receive any information or data from Us, You will treat that as confidential and will not give it to any third party.

i) You undertake and promise to indemnify and defend Us in all extent against all claims against Us by any other person as a result of Your breach of these GTC.

8.2 You acknowledge and agree that:

a) We have the right to block or cancel Your in-app user account, at any time and without prior notice, if We come to the conclusion that You are not in compliance with any of provisions of these GTC.

b) We have the right to replace the Driver chosen by You with any other Driver.

c) We do not guarantee that any of the Drivers will be available for the transport at the time of your request (demand).

9. Registration and its Cancellation

9.1 You can also use the Application without a registration, but to access certain Application features, it is needed to register in the Application by creating an account.

9.2 You agree to provide accurate, up-to-date and complete information during the registration process and in all other cases when you use the Application, and You undertake to update the information to be accurate, up-to-date, and complete.

9.3 You acknowledge and agree that We have a full discretion to refuse or not to allow You to register and create an in-app account, even without giving any reason.

9.4 Your in-app account is private and must not be used by anyone other than You. You are solely responsible for securing the password for Your account. You are solely responsible for all activity in Your account, and You are required to inform Us without a delay of any unauthorized use of Your account. We will not be liable for any loss, damage or injury caused by an unauthorized use of Your account or Your authorized use of the account. You bear all the responsibility for the activity on Your account.

9.5 Your in-app account is Our property, its content and all rights associated with it are non-transferable, they are non-heritable and they are binding solely to You.

9.6 We may suspend, restrict or terminate Your access to the Application and/or cancel Your account and in-app registration at any time, for any reason, without notice. In the event of Your repeated breach of obligations stated in these GTC, We have the right to suspend, restrict or terminate the use of the Application, regardless of Our right to lodge further claims against You in order to protect Our rights and/or rights of third parties. You acknowledge and agree that in such a case You will not be entitled to any performance or a refund of the performance provided by Us.

9.7 You have no obligation to use the Application, and at any time and without prior notice You may stop using it at Your own discretion. The same applies to canceling Your registration and in-app account in the Application. This will not affect the validity and execution of these GTC, in particular provisions that are in effect under these GTC after the termination of the contractual relationship between Us and You.

9.8 You acknowledge and agree that, after canceling Your in-app registration, We do not have the obligation to remove or give You back any content You have placed in the Application.

10. Specific Provisions Concerning Drivers

10.1 In general, if you are a Driver, all of provisions of these GTC related to customers apply to You as well as to the customer, unless it is apparent from the nature of the provision itself that this provision is intended only for customers, not Drivers, unless otherwise stated in this part of the GTC (it is applied that in case of a conflict between this part and the other parts of the GTC, the provisions of this part of the GTC apply to the driver).

10.2 The Application fee between the Driver and the Company is subject to a separate agreement. The settlement of each transaction between the Driver and the Company takes place without undue delay after the completion of the transport.

10.3 Submission of offers for customers request. The condition for obtaining information about the queries is your Driver’s status and the consent to these GTC. If You respond to the delivered queue by realization of the offer and the customer accepts it, You will receive a confirmation about this fact via this Application. Once you receive this confirmation, it is Your duty to provide required transport services in accordance with the information given in the acknowledged confirmation and in accordance with Your offer and these GTC. Before the realization of the request in response to any of requests, You are required to check and verify that the request contains all data determined by regulations and information that is necessary for You to confirm Your availability and conditions for that request and for the provision of Your services.

10.4 We do not provide the payment card security or any other guarantees in relation to transactions associated with the payment for the transport. We also do not take the responsibility for the risk associated with the implementation of unsecured or fraudulent transactions. We reserve the right to suspend the course of any transaction at Our sole discretion. In case of a dispute regarding any transaction, You agree to cooperate with Us (it includes the provision of relevant information). You acknowledge that payment service providers have the right, either oneself or on Our behalf, to require to perform a review of Your activities to verify that You are acting in accordance with these GTC and You agree that You will provide a full cooperation in case of such a review. In case that the customer will pay for Your services through the Application, you agree that We may accept these payments to Our account and release You these payments after deducting all commissions in accordance with a separate agreement We have concluded with You.

10.5 You declare and undertake that:

a) You are authorized to operate a taxi service on Your behalf and Your account and that You acknowledge that by concluding the mediation agreement between Us and You (by accepting these GTC) there is no any other contract between Us, other than a mediation agreement (particularly this is not a labour-law relation between Us and You).

b) You meet all the required conditions for taxi services required by all applicable legal regulations and that once you cease to comply with them, you will not use the Application.

c) You provide Us at any time at Our request with all information regarding You and information regarding proving conditions determined by legal regulations for performing taxi services, and in such cases You will provide Us with immediate cooperation.

d) You will bear the sole responsibility for any liability incurred as a result of Your use of the Application (including the liability for damages, non-pecuniary loss, etc.).

e) You will comply with all legal regulations and will bear the sole responsibility for any possible breach.

f) You will comply with all road traffic regulations and show consideration for other road users.

g) because You can be identified by potential customers through the activated application, You will have, provided that the application is activated and your vehicle is available, an obligation to receive available transport requests in accordance with applicable legislation that applies to You,

h) Your vehicle status (free or busy) in the activated Application must be kept up-to-date, so Your potential customers can always find out Your current status,

i) You acknowledge that We do not guarantee any minimum number of customers who will be available and/or who will wish to use Your transport services. It is Your obligation before accepting any requests to verify that they contain all the information that is necessary and sufficient to confirm the conditions (especially travel cost) and availability.

j) in the Application, You will provide sufficient and by legal regulations required information to enable customers to make a fully informed decision on the use of Your services. It is Your obligation to ensure that Your in-application conditions are complete, correct and up-to-date. We do not bear any responsibility for information on Your conditions of providing in-application.

10.6 We will provide You with the access to a large number of customers in your location. Provided transportation services are the subject of an agreement exclusively between You and the customer and must comply with all applicable legal regulations. By using the Application, You do not enter into any binding agreement with Us regarding customers claims for personal transportation nor Your claims to customers. Any claims regarding the personal transport relate exclusively to the contractual relation between You and the customer. We disclaim expressly the liability for any third party, such as the customer. You acknowledge that our Company provides you with a technology platform that connects You as a Driver with the customer and in no way We can be considered to be a Driver or a transport service provider or a customer representative.

10.7 We are not responsible for the activity or inactivity of any of customers, nor for any loss, damage or injury caused by the customer.

10.8 You acknowledge that violation of these GTC or recurring customer complaints may be grounds for terminating Your access to the Application.

10.9 Other rights and obligations between Us and You as a Driver may be the subject of a separate agreement; in case of a conflict between the separate agreement and these GTC, provisions of the separate agreement have priority.

11. Availability of the Application

11.1 We are not obliged to ensure the permanent and continuous availability of the Application. However, We will make every effort to ensure that it is to adequately possible extent safeguarded and any errors and problems are corrected.

11.2 We reserve the right to modify, discontinue or terminate, temporarily or permanently, the functioning of the Application or its part at any time without prior notice. The Application is provided “as is” and we do not provide any guarantees in respect of its use and its content, and any liability for the continued functionality, faultless operation and ensuring the services provided by or through the Application or for any possible interruption or termination of the Application operation, whereas We can do so at any time with an immediate effect, without giving any reason, even without notice. You agree that we will not be liable to You or to any third party in such a case.

12. Exclusion of Liability

12.1 We provide You with the access to taxi Drivers operating in your area. Provided transport services are the subject of an exclusive agreement between You and the Driver and must comply with all applicable regulations. By using the Application You do not conclude any agreement with Us regarding Your claims for the personal transport. Any claims relating to the personal transport concern exclusively the contractual relation between the Driver and You. We deny expressly the responsibility for any third party, such as the Driver. You acknowledge that our Company provides a technology platform that links the Driver with You and in no way we can be considered to be a Driver or a transport service provider.

12.2 We are not responsible for transport services and their proper provision (in particular, but not exclusively, we are not responsible for the personal safety, health or safety of You or Your property during the transport) or for any claims arising from the transport contract either by side of the Driver against You nor from Your side against the Driver. In case of problems, ask the Driver to terminate the transport and notify us of this fact immediately.

12.3 We are not responsible for the activity or inactivity of You, the Driver or third parties (e.g. the Company is not responsible to the Driver for the damage unless the customer who ordered the service will be in the given place at the given time, and the Driver will not be able to contact him, the Company is not responsible either for a possible damage if the Driver fail to appear at an agreed time at an agreed place and You can no longer contact him), nor for an injury and/or damage incurred to you by other person other than Us. By using the Application, you acknowledge and agree that any claim You may have in relation to third party actions will be limited to the claim on such a third party and You will not enforce such claim on Us.

12.4 With regard to the accuracy of information published in the Application that has been provided to the Application by other person than Us, We do not bear any responsibility and do not provide any guarantee.

12.5 We do not guarantee the completeness, up-to-date version, and accuracy of the transmitted data over the Internet, or even that You or the Driver receive the relevant information in due time.

12.6 Using the application is at Your sole risk and responsibility. We bear no responsibility for any damage or injury that might be incurred to you in connection with the use of the Application. Likewise, Your communication and meeting commitments to drivers is at your sole risk and responsibility.

12.7 Despite all the efforts we make to verify Drivers, we are not responsible for the fact, that each driver is at all times authorized to provide transport services (taxi services) and that he meets all the conditions and prerequisites for the provision of these services. We are not also responsible for the tax and other legal obligations of the Driver.

12.8 We are not responsible for the third-party content of the Application. If the Application contains links to the third-party content, You acknowledge that this content is not subject to these GTC nor Our check and You are solely responsible for its use. We do not approve or assume any responsibility for any such links and if You access them, You do that at Your own risk.

12.9 In case that We temporarily or permanently discontinue Our services or any part of them, this fact does not imply any responsibility for Us.

13. Compensation

13.1 You agree with that, undertake and promise to compensate Us in its entirety without a limitation for all damages and injuries that may arise to Us in the connection with Your use of the Application, in particular but not exclusively with (i) the transport service, (ii) the breach of these GTC, good morals and applicable law and/or (iii) the content placed in the Application by You, etc.

14. Intellectual Property Rights

14.1 Company is the owner or the rightful user of all intellectual property rights relating to the Application and the content published therein (in particular, but not limited to, software, markings, logos, trademarks, and the like), except intellectual property rights of third parties and this must not be used without Our consent in any way. Its use in the Application must not be understood as direct or indirect, or any other granting of the license or the right or consent to the use of any intellectual property right of our Company or any third party without Our permission.

14.2 It is not permitted to remove Our copyright notices, trademarks or other notices regarding intellectual property rights.

14.3 By downloading the Application or using it, You are not entitled to any modification of and/or interference in the Application nor to the use of rights belonging to Us and/or to authors of the Application with exceptions permitted directly in these GTC.

15. Arbitration Law and Competent Court

15.1 These GTC and relations between You and our Company are regulated by the provisions of the Ethiopian legal order, excluding its collusive norms. You agree that any claim or a dispute that may arise between You and Us could be resolved by a Ethiopia court locally appropriate according to the the address of Our registered office.

16. Personal Data

16.1 You acknowledge that We process Your personal data for the purposes and under conditions stated in the Privacy Policy posted at Our website.

17. General Provisions

17.1 Vis major. Anyone who violates the obligation from a contractual relationship shall be liable to compensate for the damage caused to the other party unless he proves that the breach of duty was caused by circumstances excluding liability. Exclusive liability is considered to be an impediment that occurred independently of the will of a liable party and prevents it from fulfilling its obligation if it can not reasonably be assumed that the obligated party averted or overcame that obstacle or its consequences, and further, that at the time of the commencement of the obligation it anticipated this obstacle. Liability is not excluded by an obstacle that arises only at the time when the obligated party was late in fulfilling its obligation or arose from its economic situation. Exclusive liability effects are limited only to the time as long as the obstacle, with which these effects are linked, persists.

17.2 Full contract. These GTC together with documents to which the GTC refer and with other legal notices or additional contractual conditions or rules published by the Company in the Application constitute the entire agreement between You and Us regarding the Application and services obtained through the Application.

17.3 Severability. If for any reason any of provisions of these GTC are declared invalid or unenforceable, such invalidity or unenforceability will not affect other provisions of these GTC and We are entitled to unilaterally replace such invalid or unenforceable provision by an adaptation corresponding to the original meaning of such a provision, whereas other provisions of the GTC remain valid and enforceable.

17.4 Ban on assignment. Unless otherwise stated in the GTC, you must not assign, delegate, or otherwise transfer any rights and obligations of financial claims relating to the use of the Application to a third party without Our prior written consent. The ban on the assignment is not applicable to Us.

17.5 Ban on inclusion. Unless otherwise stated in the GTC, a unilateral inclusion of any claims related to the Application between You and our Company (regardless of whether it is a claim due or not, whether conditional or unconditional, current or future, monetary or non-monetary) is not permitted.

17.6 Names of sections. The individual section names of these GTC are designated only for their clarity and do not have any legal effect.

17.7 Maintenance of validity. Those rights and obligations, which by their very nature are to remain in force and in effect also after the termination of these GTC, do not lose their validity and effect even after their termination, in particular, but not limited to, regarding provisions on limitation or waiver of liability, indemnification, arbitrary law and jurisdiction, and the like.

17.8 No waiver of rights. In case that You violate these GTC and We will not take any action against you, this does not constitute a waiver of rights by Us and we are still entitled to continue to exercise our rights and legal means.

17.9 No partnership. None of provisions of these GTC establishes a partnership or representation, employment, or any type of association, cooperation or connection between You and Us.

17.10 Complaints, claims and incentives. We are responsible to customers for defects in the Application in accordance with the relevant provisions of the Civil Code. You may contact us at any time at the contact details listed in the preamble of these GTC .

18.11 Effect. These GTC come into force and effect as of 01.12.2022.