Terms and Conditions

TERMS AND CONDITIONS OF USE

 

1.       CONTRACTUAL RELATIONSHIP

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you (the end User) and Africa Ride. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Africa Ride may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Africa Ride may amend the Terms related to the Services from time to time. Amendments will be effective upon Africa Ride posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services shall be governed by the South African law governing the collection and use of personal information. Such laws remain secondary to the Constitution of the Republic of South Africa Act 108 of 1996 and the Protection of Personal Information Act 04 of 2013 (POPI). Africa Ride may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and Africa Ride and such information or data is necessary to resolve the complaint, dispute or conflict and such is requested in terms of the POPI Act.

2.       TERMS OF USE

In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Africa Ride with your correct and valid contact details. You expressly acknowledge and agree that in order to provide the Service, Africa Ride shall access, find and track of your location to use the Shuttle Service when user want Shuttle service at his/her location. You hereby give your express consent to Africa Ride to access your Location in order to provide and use the Service. You must notify Africa Ride immediately of any breach of security or unauthorized use of the Africa Ride Application on your mobile phone or computer. Although Africa Ride will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Africa Ride or others due to such unauthorized use. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Africa Ride’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Africa ride in writing, you may only possess one Account

The design of the Africa Ride Services along with Africa Ride created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Africa Ride, subject to copyright and other intellectual property rights under the Republic of South Africa and foreign laws and international conventions. Subject to your compliance with these Terms, Africa Ride grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Africa Ride.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Africa Ride does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Africa Ride does not endorse such third party services and content and in no event shall Africa Ride be responsible or liable for any products or services of such third party providers.

3.       DISCLAIMER.

The services are provided “as is” and “as available.” Africa Ride disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. in addition, Africa Ride makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Africa Ride does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

4.       LIMITATION OF LIABILITY.

Africa Ride shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Africa Ride has been advised of the possibility of such damages. Africa Ride shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Africa Ride has been advised of the possibility of such damages. Africa Ride shall not be liable for delay or failure in performance resulting from causes beyond Africa Ride’s reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.

5.       INDEMNITY.

You agree to indemnify and hold Africa Ride and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Africa Ride’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.