TERMS AND CONDITIONS
The legal agreement set below governs your use of Afri Ride Mobile App Services. It is important that you read and understand the following terms. By logging in, you are agreeing that these terms will apply if you choose to access any of our services.
1. Detailed description of goods and/or services Afri Ride is a business in the transport industry that offers carpooling platform.
2. Delivery policy Subject to availability and receipt of payment, requests will be processed within 7 days of delivery confirmed by way of email.
3. Export restriction the offering on this website is available to South African clients only.
4. Return and refunds policy the provision of goods and services by Afri Ride is subject to availability. In case of unavailability, Afri Ride will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% administration fee.
6. Payment options accepted Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the AfiRide bank account, the details of which will be provided on request
7. Card acquiring and security Card transactions will be acquired for AfriRide via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
8. Customer details separate from card details Customer details will be stored by AfriRide separately from card details which are entered by the client on DPO PayGate’s secure site. For more details on DPO refer to www.paygate.co.za.
9. Merchant outlet country and transaction currency the merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10. Responsibility AfriRide takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
11. Country of domicileThis website is governed by the laws of south Africa and AfriRide chooses as its domicilium citandi et executandi for all purpose under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, yes.
12. VariationAfriRide may, in its sole discretion, change this agreement or any part thereof at any time without notice.
13. Company informationThis website is run by Afri Ride private company based in South Africa trading as Afri Ride and with registration number 2019/079252/07 and 1 director.
14. AfriRide contact detailsCompany physical address: 275 Melk Street, New Mucklenuek, Pretoria Email: email@example.com Telephone Number: +27 12 516 0123 Mbira Chat Number: +27 67 694 1334
15. FeesOur cost fee is 10% on every successful transaction completed on our App.
- The feature “Offer A Seat” is strictly to rideshare with other users by offering seats in one’s vehicle only.
- The feature “Book A Seat” is strictly to be used to book seats in a public or private vehicle only.
- The feature “Offer A Car” is strictly to be used to offer use of a vehicle to other users only.
- The feature “Book A Seat” is strictly to be used to book us of a vehicle only.
Once a booking request has been accepted and payment has been made, both the user requesting ridesharing services and the user providing the service are in a legally binding contract.
- Both parties should act in a manner so as to uphold the contract.
- The transaction as well as any communication (additional comments) as well as Mbira Chat conversations can be considered as a legally binding contract.
- Should any dispute arise amongst the two parties and require Afri Ride to intervene, Afri Ride shall use the communications, transaction as well as its own discretion to resolve any matter.
17. Transacting with Afri Ride App
- App users communicate with the Afri Ride team using a device, therefore, there is no direct and personal contact between the user and Afri Ride
- Afri Ride will act on all instructions that appear to come from the user; even if they are from an imposter. After the user’s password has been entered we may assume that any instruction is genuine.
- Users can instruct Afri Ride to process payment in-line with the services the user has on his/her profile.
- Users cannot cancel, change or stop an instruction once it has been sent to the Afri Ride administration. A payment cannot be cancelled, even if said payment is a repeat payment.
- Afri Ride is not responsible for any loss suffered by the user due to a repeat payment instruction (sent through by user more than once) which resulted in Afri Ride processing and clearing more than one payment. Should this occur, the user waivers any claim against Afri Ride. Users are encouraged to contact the Afri Ride Customer Care Centre if they have repeated a payment erroneously.
- Afri Ride is not responsible for any loss the user may suffer should the user enter incorrect details for a transaction.
- Afri Ride discourages users to assume that Afri Ride has received his/her instruction unless Afri Ride communicates so via email. Should user not be sure that an instruction or payment has been processed; the user is encouraged to contact the Afri Ride Customer Care Centre to confirm that the transaction has been processed. Users are discouraged to process the same instructions unless Afri Ride communicates that the previous instruction has not be received, otherwise user risks making two payments unnecessarily
- Users may delete or change any future-dated instructions that have not yet been actioned by the user.
- Users are encouraged to consider all the implications of each transaction, including the tax implications.
18. Money laundering means:
- The conversion or transfer of money, knowing that such money is derived from criminal activity or from an act of participation in such activity, for the purpose of concealing or disguising the illicit origin of the money or of assisting any person who is involved in the commission of such an activity to evade the legal consequences of that person’s action.
- The concealment of the true nature, source, disposition, movement, rights with respect to, or ownership of money, knowing that such property is derived from criminal activity or from an act of participation in such an activity.
- The acquisition, possession or use of money, knowing at the time of receipt, that such money was derived from criminal activity or from an act of participation in such an activity.
- Participation in, association to commit, attempts to commit and aiding, abetting facilitating and counselling the commission of any of the actions referred to in points above.
- Money laundering shall be regarded as such even where the activities which generated the money to be laundered were carried out in the territory of another Member State or in that of a third country.
- Terrorism financing means:
The provision or collection of funds, by any means, directly or indirectly, with the intention that they be used or in knowledge that they are to be used, in full or in part in order to carry out any terrorist act.
19. Looking after your password.
It is the user’s responsibility to keep their password secret and safe. Any third party with access to user's password is able to access the user's profile, send instructions and process transactions.
- User waivers any claim against Afri Ride for any loss suffered should the user have compromised their password to any unauthorized third party.
- No individual has a substantial enough reason to know or request user’s password, users are discouraged to share their passwords; this term is not limited to Afri Ride staff members.
20. Security for Afri Ride App
- Afri Ride is not responsible for any loss suffered by users due to the user sharing their password to a third party, or user’s negligence in not adhering to the correct conduct in using the app.
- Should the user's device be lost, stolen or not in your possession for whatever reason, the user is encouraged to immediately log into the mobile app on another device and reset their password. Afri ride will not be held responsible for any loss the user may suffer should they not follow these instructions.
21. Ending your transaction session.
- Users should make sure to log out of the App once they are done with a transaction.
- If user does not log out of the app after the completion of an in-app transaction, any unauthorized third party may access the users profile and give Afri-Ride an instruction which Afri Ride may process unsuspectingly.
- Afri Ride will not be held liable for any loss caused should this occur.
22. What happens if you breach these terms.
- Afri Ride may restrict user from using the Afri Ride platform should they be in contravention of these terms and do not rectify the error within a stipulated time. Despite rectification of error by the user, Afri Ride may still take steps against users, including but not limited to applying to a court for an interdict or any other order against the user.
- Afri Ride may end the relationship with the user and restrict the user from using the Afri Ride platform. Afri Ride does not have to give the user prior notice and may close the user's account immediately; should we believe or suspect that the user’s account is being used incorrectly or unlawfully.
23. Intellectual property
- You agree that the service, including but not limited to graphics, user interface, audio clips, video calls, editorial content, and the scripts and software used to implement the service, contains proprietary information and material that is owned by Afri Ride and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the service in compliance with this agreement.
- Notwithstanding any other provision of this agreement, Afri Ride and its licensors reserve the to change, suspend, remove, or disable access to any products, content, or other materials compromising a part of the service at any time without notice. In no event will Afri Ride be liable for making these changes.
- All copyrights in and to the service and related software are owned by Afri Ride and/or licensors, who reserve all their rights in law and equity.
24. Disclaimer of warranties; liability limitation
- Afri Ride does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the app are provided “as is” and “as available” for your use, without warranties of any kind.
Afri Ride does not represent or guarantee that the service will be free from loss, attack, viruses, interference, hacking, or other security intrusion, and Afri Ride disclaims any liability relating thereto.
25. Waiver and indemnity
- By using the service, you agree to indemnity and hold Afri Ride, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the service, or any action taken by Afri Ride as part of its i8nvestigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you can sue or recover any damages from Afri Ride, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the service, or to take any other action during the investigation of a suspected violation or as a result of Afri Ride’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in, resulting from, or contemplated by this agreement.
- This agreement constitutes the entire agreement between you and Afri Ride and governs your use of the service, superseding any prior agreement between you and Afri Ride regarding the service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software.
The service is operated by Afri Ride from its offices in South Africa. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the service. All transaction on the service are governed by South Africa law, without giving effect to its conflict of law provisions. Your use of the service may also be subject to other laws.
You agree that Afri Ride has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials.
27. Law governing our relationship
- South Africa law will govern these Terms.
28. Customer contact information if you have any complaints or questions about our App, you can contact us on:
- Customer Care Number: +27 12 010 3412
Mbira Chat Number: +27 67 694 1334
Landline Number; +27 12 035 1168
E-mail Address: firstname.lastname@example.org
Last Updated: 25 June 2020