1. Parties and Role of Kula Ride

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1.1 The Platform is operated by Kula Ride (the “Company”). The Company provides a technology Platform that enables Riders to request Transportation Services from independent Drivers.

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1.2 Drivers provide Transportation Services in their own name and on their own account. Drivers are not employees, agents or representatives of Kula Ride.

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1.3 Kula Ride is not a transport operator, taxi company, PMV operator, hire car service or carrier. Kula Ride does not own, control or operate vehicles and does not provide Transportation Services.

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1.4 Kula Ride may provide Platform support services (including customer support, payment facilitation, and safety tooling), but is not a party to the transport contract formed between Rider and Driver (see section 4).

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2. Eligibility and Account Registration

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2.1 To use the Platform you must:

a) be at least 18 years old;
b) have capacity to enter into binding contracts; and
c) provide accurate, current and complete registration information.

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2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

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2.3 You must not allow any other person to use your account or access the Platform using your credentials. You are responsible for all activity carried out through your account, whether or not you authorized it, except where such activity results directly from Kula Ride’s failure to secure the Platform.

 

2.4 You must notify Kula Ride promptly if you suspect unauthorized access to your account or loss of your device.

 

2.5 Kula Ride may require identity verification (including NID/SevisPass, license details, police clearance, vehicle documents, or other checks) for Riders and/or Drivers to access certain features, including Wallet withdrawals.

 

3. Use of the Platform

 

3.1 You agree to:

a) use the Platform only for lawful purposes;
b) not engage in fraudulent, abusive or harmful conduct;
c) not disrupt the proper functioning of the Platform (including by hacking, scraping, reverse engineering or introducing malware);
d) respect Drivers, Riders and other users; and
e) comply with any community standards, safety guidelines and policies published by Kula Ride from time to time.

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3.2 Kula Ride may suspend or terminate your access if you breach these Terms, if your conduct creates risk for others, or if required to comply with PNG Law.

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4. Transportation Services and Contracting

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4.1 When a Rider requests Transportation Services through the Platform and a Driver accepts, a direct contract for Transportation Services is formed between the Rider and the Driver.

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4.2 Kula Ride is not a party to that contract and does not guarantee:

a) the quality, safety or legality of Transportation Services;
b) the availability or punctuality of Drivers;
c) the suitability or condition of vehicles; or
d) the behavior or actions of Riders or Drivers.

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4.3 Kula Ride may, at its discretion, assist to facilitate communications or support dispute resolution between Rider and Driver, but has no obligation to do so and is not responsible for the outcome.

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5. Fares, Payment Options, Wallets and Platform Fee

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5.1 Fares and pricing

Fares are determined in accordance with Kula Ride’s pricing model and may vary based on distance, time, demand, category, location, tolls and other factors displayed in the Platform.

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5.2 Cash is the primary payment method

a) Cash payment is the primary method for trips unless the Platform clearly offers a Wallet payment option for that trip.

b) Where cash is used, the Rider agrees to pay the full fare shown in the Platform directly to the Driver at the end of the trip.

c) Kula Ride does not collect, handle, hold or process cash payments between Riders and Drivers and is not responsible for cash handling, change, disputes about cash paid, or any cash-related loss.

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5.3 Customer Wallet is optional (not required to request rides)

a) Customers may request rides without having funds in the Customer Wallet.

b) If enabled in the Platform, Customers may optionally top up the Customer Wallet and use it to pay for eligible trips.

c) Kula Ride may place limits, risk checks, or holds on top-ups, and may change Wallet features with notice in the Platform.

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5.4 Driver Wallet is required to receive ride requests

a) Each Driver has a Driver Wallet within the Platform. The Driver Wallet is used to pay Platform Fees and other Driver-related charges (if any).

b) Drivers may continue to accept and complete ride requests as long as their Driver Wallet balance is above K0.

c) If a Driver’s Wallet balance reaches K0, the Driver will be restricted from receiving new ride requests until the Driver tops up their Wallet.

d) The minimum top-up amount for Drivers is K50 per top-up transaction. Drivers may top up K50 or more at any time to restore their Wallet and resume receiving ride requests.

e) Kula Ride may update the minimum top-up amount or related Wallet rules by providing notice in the Platform.

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5.5 Kula Ride revenue model (Platform Fee paid by Drivers only)

a) Kula Ride earns revenue only by charging Drivers a platform fee/commission (“Platform Fee”) for access to and use of the Platform in connection with completed trips.

b) The Platform Fee is not a fee paid by Riders to Kula Ride and is not deducted from cash paid by Riders to Drivers.

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5.6 Platform Fee / Commission (20%–25%) and how it is deducted

a) For each completed trip, Kula Ride charges the Driver a Platform Fee of 20% to 25% of the fare (as displayed in the Platform when applicable).

b) The Platform Fee is deducted from the Driver Wallet after the trip is marked complete in the Platform, including where the Rider paid the Driver in cash.

c) The Platform Fee may vary by ride type, promotion, location or time and will be displayed in the Platform before it applies.

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5.7 Wallet-paid trips (if enabled)

a) Where the Customer chooses Wallet payment and the Platform enables it for the trip, the fare may be deducted from the Customer Wallet upon trip completion (or as otherwise shown in the Platform).

b) Driver earnings (if applicable) and any Platform Fee deductions will be handled through the Driver Wallet and Platform records as described in these Terms and any Wallet Terms.

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5.8 Insufficient Driver Wallet funds, set-off and recovery

a) If a Platform Fee becomes due and the Driver Wallet has insufficient funds, Kula Ride may:
i) restrict the Driver from receiving new ride requests; and/or
ii) record the amount as owed by the Driver and recover it from future top-ups, earnings, or withdrawals.

b) Drivers authorize Kula Ride to apply set-off against amounts owed, including deducting from future Wallet credits and withdrawals.

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5.9 Failed top-ups, reversals, disputes and chargebacks (if card top-ups exist)

You acknowledge that card-funded top-ups may be reversed (including via chargeback). If a top-up is declined, reversed, disputed, or charged back, you remain liable for amounts owed to Kula Ride and Kula Ride may:

a) remove the equivalent amount from the relevant Wallet;
b) place holds on funds, restrict withdrawals, or restrict account features;
c) set off amounts you owe against future Wallet credits, earnings or withdrawals; and/or
d) engage third-party collection services or take legal action to recover overdue amounts, where permitted by PNG Law.

 

5.10 Pricing errors and adjustments

Kula Ride may correct any clear pricing error, miscalculation or technical fault. Where appropriate, Kula Ride may adjust recorded fares and Platform Fees to reflect the correct outcome and will notify users of any material adjustment.

 

5.11 Cleaning, damage and additional charges

Where a Driver or vehicle suffers cleaning requirements beyond normal wear and tear, damage, or loss as a result of your acts or omissions (or those of your guests), Kula Ride may, following reasonable investigation and documentation, apply reasonable charges as disclosed in the Platform and as permitted by PNG Law.

 

6. Cancellations, No-Shows and Charges

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6.1 You may cancel a trip request at any time before a Driver arrives, subject to any cancellation fees shown in the Platform.

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6.2 Kula Ride may apply cancellation or no-show rules as explained in the Platform. Where a fee is payable, Kula Ride may record it and recover it in accordance with the applicable payment method and/or Driver Wallet rules.

 

6.3 Kula Ride may adjust fares, apply credits or make corrections where trips are affected by technical issues, obvious errors or proven misconduct.

 

7. Driver Withdrawals (Payouts)

 

7.1 Withdrawals Enabled: Drivers may withdraw available Driver Wallet funds to a nominated bank account (subject to verification, limits and Platform rules).

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7.2 Verification: Kula Ride may require identity and banking verification before enabling withdrawals and may request updated documents from time to time.

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7.3 Minimum Withdrawal: The minimum withdrawal amount is K20 per request (unless otherwise stated in the Platform).

 

7.4 Processing Schedule: Withdrawals are processed weekly on Fridays (PNG time), excluding public holidays and banking outages. Your bank may take additional time to credit funds after processing.

 

7.5 Holds and delays: Kula Ride may delay, hold, or decline withdrawals where:

a) there is suspected fraud, dispute, chargeback, or policy breach;
b) required verification is incomplete; or
c) it is necessary to comply with PNG Law or a lawful request by authorities.

 

7.6 Cooling period (if applicable): Kula Ride may apply a cooling period to certain funds before they become withdrawable, and will display or notify this in the Platform where applicable.

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8. User Conduct and Community Standards

 

8.1 Riders must:

a) treat Drivers with respect and courtesy;
b) not harass, threaten, assault or abuse others;
c) not damage vehicles or property;
d) not smoke in vehicles unless clearly permitted;
e) not engage in illegal activity while using the Platform; and
f) follow any safety instructions or community standards published by Kula Ride.

 

8.2 Drivers must:

a) operate lawfully and safely;
b) maintain required licenses, permits and vehicle roadworthiness;
c) behave respectfully and professionally; and
d) comply with Driver policies and onboarding requirements published by Kula Ride.

 

8.3 Kula Ride may suspend or permanently close an account where it reasonably believes a user has created a safety, legal, financial or reputational risk, including through violence, threats, harassment, discrimination, fraud, repeated payment misuse, or serious policy breaches.

 

8.4 Lost property: Kula Ride is not responsible for lost property but may help facilitate contact between Rider and Driver.

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9. Data and Privacy

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9.1 Kula Ride collects and processes personal data in accordance with its Privacy Policy as updated from time to time.

 

9.2 By using the Platform, you consent to such processing, including where data may be stored or processed outside Papua New Guinea as described in the Privacy Policy.

9A. User Content

9A.1 You may be able to submit ratings, feedback, comments or other content (“User Content”). You remain responsible for your User Content and must ensure it is accurate, lawful and not defamatory, abusive, hateful, discriminatory, obscene or otherwise inappropriate.

9A.2 By submitting User Content, you grant Kula Ride a worldwide, non-exclusive, royalty-free license to use, copy, modify, publish and display such User Content in connection with operating, improving and promoting the Platform, subject to the Privacy Policy.

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10. Service Availability and Changes

 

10.1 Kula Ride does not guarantee the availability of Drivers, the acceptance of any request, or continuous or error-free operation of the Platform.

 

10.2 Kula Ride may modify or discontinue any aspect of the Platform (including features, categories, pricing, Wallet rules and policies) at any time, subject to applicable notice requirements under PNG Law.

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11. Liability

 

11.1 To the maximum extent permitted by PNG Law, Kula Ride is not liable for:

a) personal injury, death, property damage or loss arising from Transportation Services provided by Drivers;
b) delays, cancellations, or failure to secure a Driver;
c) loss or theft of personal property during a trip; or
d) acts or omissions of Riders, Drivers or third parties.

 

11.2 Kula Ride does not exclude liability that cannot be excluded by law. Where liability cannot be excluded but can be limited, Kula Ride limits its liability to the lesser of:

a) the amount paid by you for the trip giving rise to the claim; or
b) an amount determined by PNG Law.

 

11.3 To the extent permitted by PNG Law, you agree to indemnify and hold harmless Kula Ride and its officers, directors, employees and agents from and against any claims, losses, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

a) your breach of these Terms or PNG Law;
b) damage to vehicles or injury caused by your acts or omissions or those of your guests; or
c) misuse of the Platform, including fraudulent activity or unauthorized use of accounts.

 

11.4 Nothing in these Terms is intended to exclude or limit non-excludable consumer rights under PNG Law.

 

12. Governing Law and Dispute Resolution

 

12.1 These Terms and any non-contractual obligations are governed by the laws of the Independent State of Papua New Guinea.

 

12.2 If you have a complaint, you should first contact Kula Ride support so we may attempt to resolve it informally.

 

12.3 If a dispute is not resolved within 30 days, either party may pursue resolution through PNG courts or another lawful dispute resolution process, unless otherwise required by PNG Law.

 

13. Changes to Terms

 

13.1 Kula Ride may amend these Terms by posting an updated version in the Platform or on the website.

 

13.2 Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

 

14. Contact

 

For questions about these Terms, contact:

Kula Ride Support
Email: [support@Kularide.com]
Phone: [+675 7286 3029]
Address: P.O Box 334 Brian Bell Plaza, Gordons, NCD

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15. General

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15.1 These Terms, together with any in-app policies referred to in them (including Wallet Terms, Refund Policy, Privacy Policy, Driver Policy and Driver Agreement), constitute the entire agreement between you and Kula Ride regarding use of the Platform.

 

15.2 If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

 

15.3 You may not assign or transfer your rights or obligations under these Terms. Kula Ride may assign or transfer its rights and obligations to an affiliate or in connection with a merger, sale or reorganization.