1. Purpose
This Marketplace Role and Insurance Disclaimer ("Disclaimer") provides an express, conspicuous, and legally definitive delineation of the technological intermediary status of DRYVE247 LTD. The objective is to make explicitly clear to all marketplace participants, regulators, courts, and financial institutions that DRYVE247 LTD is an online marketplace technology provider, and is NOT a motor vehicle rental company, taxicab operator, common carrier, transportation service provider, or licensed insurance underwriter within the Republic of Ghana.
2. Scope
This Disclaimer applies universally to all visitors, Users, Renters, Hosts, commercial fleet operators, Chauffeurs, and transactions occurring on or mediated by the Platform.
3. Definitions
"Digital Intermediary" means an information technology service provider that facilitates electronic transactions between independent buyers and sellers pursuant to Part II of the Electronic Transactions Act, 2008 (Act 772).
"Licensed Insurer" means an independent insurance underwriter duly licensed by the National Insurance Commission (NIC) of Ghana under the Insurance Act, 2021 (Act 1061).
"Marketplace Facilitation" means the provision of web/mobile software, identity verification bridges, payment aggregation, and dispute support to enable peer-to-peer and commercial vehicle rentals.
4. Parties Covered
This Disclaimer binds DRYVE247 LTD, every User of the Platform, and third-party commercial partners.
5. Intermediary Status & Statutory Role
Technology Platform Only: DRYVE247 LTD provides an online digital marketplace platform that connects independent vehicle owners ("Hosts") with verified individuals seeking to rent vehicles ("Renters"). DRYVE247 does not own, manufacture, inspect, repair, lease, or operate the motor vehicles listed on the Platform.
Not a Common Carrier or Rental Company: DRYVE247 does not operate transportation services, taxi services, or commercial passenger haulage. DRYVE247 is not a commercial car rental company; all rental contracts are bilateral agreements formed directly between the Host and the Renter.
Bailment Independence: DRYVE247 is not a bailee of the Vehicle and never takes physical custody, control, or possession of vehicles shared across the Platform.
6. Critical Statutory Insurance Disclaimer
No Insurance Provided: DRYVE247 LTD does not provide insurance to Hosts, Renters, Drivers or other users. It does not sell, arrange, underwrite, issue, broker or administer insurance policies, collect premiums, enroll vehicles in cover or receive insurance settlements for users.
Independent Host Policies: Each Host must obtain and maintain suitable vehicle insurance directly with an independent licensed insurer or a separately chosen licensed broker. There is no DRYVE247 master policy, per-trip cover or supplemental insurance alternative.
Independent Insurer Decisions: Actual policy wording and applicable law govern cover and any claim, subject to the rights of policyholders, claimants, regulators and courts. Listing approval, KYC, payment, tracking and driver approval do not guarantee cover. This disclaimer does not exclude non-excludable liability for DRYVE247's own conduct.
Contractual Damage Waiver Only: Any separately approved waiver concerns only expressly accepted Host–Renter recovery rights under Document 11. It does not fund a loss, create secondary cover, promise reimbursement or bind an independent insurer or third-party claimant. Legal classification depends on substance and law, not the product label.
7. Disclaimer of Warranties
"As Is" and "As Available": The Platform, digital features, telematics integrations, and all vehicle listings are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory.
No Mechanical Guarantee: DRYVE247 does not warrant or guarantee that listed vehicles are mechanically flawless, safe, defect-free, or roadworthy. Hosts bear exclusive legal responsibility for the physical and mechanical roadworthiness of their vehicles under the Road Traffic Act, 2004 (Act 683).
8. Limitation of Liability
To the maximum extent permissible under the laws of the Republic of Ghana:
DRYVE247 LTD, its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages, including lost profits, loss of data, personal injury, pain and suffering, emotional distress, or property damage arising from or in connection with vehicle rentals;
DRYVE247's aggregate liability for all claims arising out of any specific Trip shall be strictly capped at the total platform service fees received by DRYVE247 for that specific transaction;
Nothing in this Disclaimer attempts to exclude or limit liability that cannot lawfully be excluded under Ghanaian law, including liability for fraudulent misrepresentation, gross negligence, or death and personal injury caused directly by DRYVE247’s own intentional misconduct.
9. Operational Implementation
This Disclaimer is prominently displayed:
In the persistent footer of [www.dryve247.com](https://www.dryve247.com);
On the public checkout screen of every Booking before the payment button activates;
Within the master Terms of Service (Document 1).
10. Evidence and Documentation Requirements
This Disclaimer is incorporated by reference into all electronic booking audit trails under Act 772.
11. Payments and Financial Consequences
No Insurance Charges or Settlements: Platform fees pay for the stated marketplace services. Any approved contractual waiver charge must be separately disclosed and accepted. DRYVE247 collects no insurance premium or insurance commission and does not receive user insurance proceeds.
12 Independent Insurance Responsibilities
Independent Insurance: Hosts maintain their own policies directly. Policy limits, excesses and exclusions do not automatically fix a Renter's contractual liability and do not create a platform duty to reimburse loss.
13. Privacy and Data Protection
Data processing conducted as an intermediary complies with the Data Protection Act, 2012 (Act 843).
14. Safety Obligations
Users must rely on certified automotive mechanics and DVLA roadworthiness inspection certificates to verify physical vehicle safety.
15. Reporting Obligations
Users must report any misrepresentation of platform services to compliance@dryve247.com [TO BE CONFIRMED BEFORE PUBLICATION].
16. Disputes
Disputes concerning intermediary liability shall be resolved under Document 59.
17. Enforcement
Scope of Disclaimer: This statement records the intended marketplace role and absence of platform insurance. It is not an absolute defense or a substitute for compliance, and it does not remove liability that applicable law imposes on DRYVE247 for its own conduct.
18. Suspension and Termination
Users who refuse to accept this Disclaimer are ineligible to use the Platform.
19. Applicable Law
This Disclaimer is governed by the laws of the Republic of Ghana, specifically Part II of the Electronic Transactions Act, 2008 (Act 772: Intermediary liability safe harbors), the Insurance Act, 2021 (Act 1061), and the Contracts Act, 1960 (Act 25).
20. International Users
International users acknowledge that DRYVE247 operates solely as a digital technology intermediary under Ghanaian law and international electronic commerce norms.
21. Amendments
This Disclaimer may be updated to reflect evolving insurance or transportation regulations.
22. Severability
If any liability limitation herein is deemed invalid, all remaining disclaimers continue in full legal effect.
23. Contact Information
Legal & Regulatory Affairs
DRYVE247 LTD
Email: regulatory@dryve247.com