Terms & Conditions — Driver App

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Driver," "Driver Partner," or "you") and Transportbidder S.A.C. ("Transportbidder," "we," "us," or "our"), a company incorporated under the laws of Peru, with registered address in Lima.

These Terms govern your use of the Transportbidder Driver mobile application (the "Driver App") to offer transportation services as an independent contractor through the Platform.

By downloading, installing, creating an account, or using the Driver App, you agree to these Terms, our Privacy Policy, Fair Use Policy, Community Guidelines, and Driver Partner Agreement.

2. Definitions

• "Platform" — Transportbidder mobile apps, website, and backend services.
• "Driver" / "Driver Partner" — An independent contractor who provides transportation via the Driver App.
• "Passenger" / "User" — An individual who requests rides through the User App.
• "Ride" — A transport service from pickup to drop-off facilitated through the Platform.
• "Bid" — A price offer for a Ride.
• "Accepted Fare" — The final price agreed by both parties.
• "Platform Fee" — The commission deducted from the Driver's wallet per completed ride.
• "Wallet" — The in-app digital balance for platform transactions.
• "Verification" — The document and identity check process required before activation.
• "SOAT" — Seguro Obligatorio de Accidentes de Tránsito.
• "OTP" — One-Time Password for ride verification.

3. Eligibility Requirements

To register as a Driver Partner, you must:

• Be at least 18 years of age
• Hold a valid Peruvian driver's license (Licencia de Conducir) appropriate for the vehicle class
• Hold a valid DNI (Documento Nacional de Identidad) or equivalent government-issued ID
• Have a clean or acceptable criminal background (Antecedentes Penales/Policiales)
• Own or have authorized use of a vehicle that meets our requirements
• Have a valid SOAT (mandatory traffic accident insurance) for your vehicle
• Have a valid Tarjeta de Propiedad (vehicle registration)
• Have a valid email address and phone number
• Have a smartphone capable of running the Driver App with GPS
• Not be currently banned or suspended from the Platform

4. Account and Verification

4.1 Registration Process

1. Download the Driver App and select "Individual Driver"
2. Create an account with email and password
3. Verify your email via OTP
4. Complete your profile (name, phone, DOB, gender, city)
5. Upload verification documents (see Section 4.2)
6. Wait for admin review and approval

4.2 Required Documents

All documents must be authentic, current, and legible. Submitting fraudulent documents is a criminal offense under Peruvian law and will result in permanent ban and legal action.

4.3 Approval and Activation

• Document review typically takes 1-3 business days
• We reserve the right to approve or reject any application at our sole discretion
• Rejected applicants will be informed of the reason and may reapply after addressing the issue
• You may not operate on the Platform until your status is "Approved"

4.4 Document Updates

You must keep all documents current. If your driver's license, SOAT, or any other document expires, you must upload the renewed version immediately. Operating with expired documents is prohibited and may result in account suspension.

5. Independent Contractor Status

• There is no employment, agency, partnership, or joint venture relationship between you and Transportbidder
• You are free to choose when, where, and how long you work — there are no minimum hours, shifts, or mandatory availability periods
• You may use other ride-hailing or transport platforms simultaneously
• You are responsible for your own taxes, social security contributions, and regulatory compliance
• You provide your own vehicle, fuel, maintenance, insurance, and all operating costs
• Transportbidder does not provide employee benefits (health insurance, vacation, pension, etc.)
• You bear all risk associated with providing transport services

This independent contractor relationship is in accordance with Peruvian labor law. If a court of competent jurisdiction determines that an employment relationship exists, these Terms shall be interpreted to reflect the parties' intention that no such relationship was intended.

6. Ride Process and Obligations

6.1 Going Online

• You must have a positive wallet balance to go Online and receive ride requests
• Your SOAT must be valid (not expired) — the system blocks Online status if SOAT is expired
• Your verification status must be "Approved"
• You must enable GPS/location permissions for the app to function

6.2 Receiving and Responding to Requests

• When Online, you will receive ride request notifications for rides near your location
• You may accept the Passenger's offered price, bid a different amount, or decline
• You are not obligated to accept any ride request
• If a Passenger counter-offers your bid, you may accept, counter again, or decline
• Once a bid is accepted by both parties, you are committed to providing the ride

6.3 Ride Execution

• Navigate to the Passenger's pickup location promptly
• Enter the Passenger's OTP to start the ride — this confirms the correct match
• Drive safely following all traffic laws and regulations
• Follow the agreed route to the drop-off destination
• Mark the ride as complete when the Passenger has safely alighted

6.4 Driver Obligations

• Maintain your vehicle in safe, clean, roadworthy condition at all times
• Carry a valid driver's license while driving
• Maintain valid SOAT coverage at all times
• Drive sober — zero tolerance for alcohol or drug impairment
• Treat all Passengers with respect, professionalism, and courtesy
• Do not discriminate against Passengers for any reason
• Follow all applicable traffic laws, speed limits, and road regulations
• Accept the Passenger's chosen payment method
• Provide accurate ride information (location, ETA, vehicle details)
• Not cancel rides without legitimate reason after accepting
• Not request payment beyond the Accepted Fare
• Not ask Passengers for personal contact information
• Not engage in unauthorized commercial activities during rides

7. Platform Fees and Wallet

7.1 Platform Fee Structure

• A Platform Fee (commission) is deducted from your Wallet for each completed ride
• The current Platform Fee rate is communicated to you during registration and within the app
• Transportbidder reserves the right to modify the Platform Fee with at least 15 days' prior notice
• The Platform Fee covers: technology infrastructure, customer support, insurance coordination, marketing, and platform maintenance

7.2 Wallet System

• You must maintain a positive wallet balance to go Online and accept rides
• Top up your wallet through available payment methods
• Platform Fees are automatically deducted after each completed ride
• Wallet balance is non-refundable except as required by applicable law
• Wallet transaction history is available in the app at all times

7.3 Earnings

• You receive the Accepted Fare from Passengers (currently cash payment)
• Your net earnings = Accepted Fare - Platform Fee
• You are solely responsible for declaring and paying taxes on your earnings as required by Peruvian tax law (SUNAT)
• Transportbidder does not withhold taxes on your behalf

8. Insurance and Liability

8.1 Your Insurance Obligations

• You must maintain valid SOAT coverage at all times when operating through the Platform
• You are responsible for any additional vehicle insurance (comprehensive, third-party liability)
• If your SOAT expires, you will be prevented from going Online until renewed

8.2 Liability

• As an independent contractor, you are personally liable for: traffic violations, accidents, injuries to Passengers or third parties, vehicle damage, and any other incidents during rides
• Transportbidder is NOT liable for any incidents arising from the transportation service you provide
• You agree to indemnify Transportbidder against any claims arising from your driving, conduct, or service

9. Prohibited Conduct

• Driving under the influence of alcohol, drugs, or any impairing substance
• Using a vehicle that is unsafe, unregistered, or uninsured
• Allowing unauthorized persons to drive in your name/account
• Harassing, threatening, discriminating against, or assaulting Passengers
• Sexual harassment or inappropriate behavior of any kind
• Manipulating the bidding system (collusion, artificial pricing)
• Creating fake or duplicate accounts
• GPS spoofing or location manipulation
• Demanding payment above the Accepted Fare
• Intentional route deviation to increase fare
• Requesting Passengers to cancel and rebook off-platform
• Using the Platform for transport of illegal goods or persons
• Submitting fraudulent verification documents
• Sharing your account with other drivers
• Using automated tools or bots to interact with the Platform
• Retaliatory ratings or false complaints against Passengers

10. Ratings, Reviews, and Performance

• Passengers rate you after each ride (1-5 stars)
• Your average rating is visible to Passengers and affects your ride priority
• Consistently low ratings (below 3.5 average) will trigger an account review
• You may rate Passengers after each ride
• Performance metrics tracked: acceptance rate, cancellation rate, response time, online hours
• These metrics may influence ride matching priority but do not create quotas or requirements

11. Account Suspension and Deactivation

11.1 Temporary Suspension

Your account may be temporarily suspended for:

• Expired verification documents (SOAT, license)
• Multiple passenger complaints under investigation
• Violation of Fair Use Policy
• Wallet balance reaching zero (Online access only)

11.2 Permanent Deactivation

Your account will be permanently deactivated for:

• Fraudulent documents or identity
• Physical assault or violence against Passengers
• Sexual harassment
• Driving under influence of substances
• Repeated serious violations after warnings
• Criminal activity using the Platform

11.3 Appeal Process

You may appeal suspension/deactivation decisions by emailing appeals@transportbidder.com within 15 days. Include your account details, the issue, and any supporting evidence. Appeals are reviewed within 10 business days.

11.4 Voluntary Termination

You may close your account at any time via the app, website, or by emailing privacy@transportbidder.com. Remaining positive wallet balance may be forfeited if not withdrawn before account closure.

12. Intellectual Property

All Platform content, software, design, and trademarks are property of Transportbidder S.A.C. You receive a limited, revocable, non-exclusive license to use the Driver App solely for providing transport services through the Platform.

13. Limitation of Liability

• The Platform is provided "AS IS" and "AS AVAILABLE"
• We do not guarantee continuous availability or error-free operation
• We are not liable for your earnings, lost rides, or business losses
• We are not liable for disputes between you and Passengers
• Our maximum liability is limited to the Platform Fees you paid in the preceding 12 months
• Consumer protection rights under Ley 29571 are preserved

14. Dispute Resolution

14.1 Ride Disputes

Contact ayuda@transportbidder.com within 48 hours with ride ID and details. Response within 5 business days.

14.2 INDECOPI / Regulatory Complaints

You may file complaints with INDECOPI (www.indecopi.gob.pe) or the relevant transport authority.

14.3 Arbitration

Unresolved disputes submitted to mediation then binding arbitration at the Lima Chamber of Commerce, conducted in Spanish, seated in Lima, Peru.

15. Governing Law

These Terms are governed by the laws of Peru. Legal proceedings in the courts of Lima, Peru, subject to arbitration provisions.

16. Modifications

We may modify these Terms with 15 days' notice. Continued use constitutes acceptance. Spanish version prevails in case of discrepancy.

17. Contact

• Support: ayuda@transportbidder.com
• Legal: legal@transportbidder.com
• Appeals: appeals@transportbidder.com
• Safety: safety@transportbidder.com
• Privacy: privacy@transportbidder.com
• Website: transportbidder.com