TAXI LIVE AFRICA TERMS AND CONDITIONS OF TAXI LIVE AFRICA APP

Company registration number 2017/521011/07

IN ORDER TO USE THE TAXI LIVE AFRICA APP PLEASE READ AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS SET OUT BELOW

Taxi Live Africa is a mobile application (App) for booking a journey using E-hailing. E-Hailing is a process of ordering a taxi or any other form of transportation pick up via a computer or mobile device or an App. It communicates the e-hailing passenger with a taxi driver. All of  the drivers have been registered as a user of the Taxi Live Africa Driver on the Taxi Live App.

Taxi Live Africa is founded in the Republic of South Africa, and is the legal holder of this application and does not provide transport services. The registered drivers (either in person or via a company) using the Taxi Live Africa App provides the independent transportation service to the user. Any disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers.

PASSENGER USE OF TAXI LIVE AFRICA APP

The use of the Taxi Live Africa application by a passenger requires installation of the software and registration of a user account. During the installation of the Taxi Live Africa application, the mobile number of the passenger is linked to the respective user account for verification and added to the Taxi Live Africa database.

On arrival at the destination, the passenger can use their pre-loaded credit/debit card system to pay for the trip.

When making use of the credit/debit card system, the receiver of the payment is Taxi Live Africa, who forwards the received payment to the registered driver as a transport service provider. When making credit card payments, a service fee is added to each order of transportation service. The named service fee includes payment commission fees, incl. Visa / MasterCard service fees. The amount of the service fee is displayed in the mobile app.

There is a Taxi Live Africa supports a customer care centre so that any questions can be sent to its support team via email info@taxiliveafrica.com, who will response within 48 hours. Taxi Live Africa is not responsible for possible third-party payment costs (mobile operators, bank fees etc).

CANCELLING A JOURNEY BOOKED THROUGH TAXI LIVE AFRICA APP

Should a passenger cancel their journey within 5 minutes of receiving a confirmation of a booked journey, there will be no cancellation penalty due.

USE OF THE TAXI LIVE AFRICA APP

Taxi Live Africa is a mobile app enabling the persons requiring a transportation service to find a suitable provider by sharing data on their geographic location. The use of the Taxi Live Africa app is based on a non-exclusive licence issued by Taxi Live Africa. The licence agreement is valid for a non-limited period and is free of charge for the customer.

In case of any faults in the software, we shall undertaking to correct them as soon as possible, but please keep in mind that the functioning of the App may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the app at all times. We shall also accept no liability for any losses incurred as a consequence of the Taxi Live Africa App not functioning or not being usable in the desired manner.

In the event that the customer’s right to use the app is cancelled, the corresponding non- exclusive licence shall also be repealed. Taxi Live Africa App is a means of communication between customers and transportation service providers, Taxi Live Africa cannot influence or take any responsibility for the quality or defects of the service. For this reason, we are unable to guarantee consistently accurate and faultless provision of transportation services located via Taxi Live Africa App.

Taxi Live Africa App does not constitute an offer or brokerage of transportation for customers. The Taxi Live Africa App is not a means for organising the provision of transportation services. It is also not an agency service for finding customers for transportation providers. Refunds will be done where applicable.

By registering an account with Taxi Live Africa, a customer shall accept the following conditions:

  1. Taxi Live Africa shall have the right to add the personal data of the App user to the Taxi Live Africa database and to forward the personal data to transportation service providers in accordance with Taxi Live Africa’s Privacy Policy;
  2. Taxi Live Africa shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy and to relinquish the database to third parties. We shall notify the users of changes to Terms and Conditions and Privacy Policy.
  1. Taxi Live Africa shall be entitled to transfer the database of personal data to third parties without prior notification of the App users. In case of a transfer of the  business or the database, the rights and conditions arising from this licence agreement shall be transferred as well.
  1. Taxi Live Africa shall be entitled to forward personal data and bank data to credit card and mobile payment intermediaries.
  1. Taxi Live Africa has the right to send marketing messages and authentication codes through SMS messages.

PROCESSING OF PERSONAL DATA

The users of the Taxi Live Africa App gives their consent by downloading the App for the processing of personal data during the installation of the Taxi Live Africa App. Your personal data is collected and processed by the company Taxi Live Africa. Taxi Live Africa only collects and processes the personal data submitted by the users in the course of installation and use of the Taxi Live Africa App. A user’s disclosure of geographical location data is a prerequisite for using the Taxi Live Africa App.

WHAT TYPE OF PERSONAL DATA WE COLLECT AND PROCESS

  • Name, telephone number, e-mail address, feedback ratings and payment information of the app user;
  • Geographical location of the user, the time of provision of service and the destination;
  • Identification data of the device on which the Taxi Live Africa app has been installed;
  • Cookies of the Taxi Live Africa website save the website user’s telephone number and geographic location data.

THE PURPOSE OF COLLECTING AND THE PERIOD OF PROCESSING OF PERSONAL DATA

  • We collect and process personal data for the purpose of matching up an user with a driver;
  • We forward the data on geographic location and telephone number of the user to the driver to enable to decide whether the user is located nearby;
  • We may use the personal data to resolve drivers service quality issues;
  • We use contact details to notify you of updates to the Taxi Live Africa App;
  • We collect data of the routes taken by the Taxi Live Africa App users to analyse the geographic coverage in order to make recommendations to the drivers;
  • The personal data collected via the Taxi Live Africa App will not be used for identification of persons or their locations, nor for the purpose of behavioural marketing.
  • We will hold and process your personal data only for the period your account is activate, once the App has been removed from the user’s cell phone, Taxi Live Africa will remove the user’s information from their data basis.

THE METHOD OF COLLECTING PERSONAL DATA

  • We collect data on the names, telephone numbers and e-mail addresses of Taxi Live Africa app users during the process of the installation;
  • We only collect data on the geographic location if the Taxi Live Africa App has been activated;
  • The collection of geographic location data stops after the Taxi Live App is closed in the users device

DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

  • The personal data of users is only disclosed to those drivers who have activated the Taxi Live Africa App; in such case, they will see the name, telephone number and geographic location of the user;
  • After providing the service, the name of the user will remain visible to the driver for 24 hours. This is necessary for drivers to resolve any issues associated with service provision, e.g., to contact the customer if something was left behind in the car or regarding payments;
  • The feedback on the quality of the service is anonymous and drivers do not receive information on the names and telephone numbers of the users who provided feedback;
  • Depending on the location of the user, the personal data may be handed over to the relevant local entities providing Taxi Live app services. Any collection and processing of personal data by local Taxi Live service providers shall occur under the same conditions as established in this privacy policy.

SECURITY AND DELETION OF DATA

Any personal data collected in the course of providing the Taxi Live Africa service is transferred to and stored in the data centres. Only authorised employees of Taxi Live Africa

and local service providers have access to the personal data and they may access the data only for the purpose of resolving issues associated with the use of the Taxi Live Africa App. The privacy of personal data collected by Taxi Live Africa from the user is taken very seriously and Taxi Live Africa will do everything to ensure that the personal data and safety of the  users remains secure.

GENERAL TERMS AND CONDITIONS FOR PASSENGERS

These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Taxi Live Africa App technology which connects Taxi Live Africa App users with registered Taxi Live Africa App drivers.

The term “us” or “we” refer to the owner of the Taxi Live Africa App, a private limited company, founded in the Republic of South Africa with registration number 2017/521011/07 and its registered office located at 297 Lower Main Road, Observatory, Cape Town .

In order to use Taxi Live Africa App you must agree to the terms and conditions that are set out below:

  1. By using the Taxi Live Africa App
    1. Taxi Live Africa App are only responsible to provide an information service and does not provide transport services themselves. The actual transporting services which are being provided by the drivers, are driver who are independent contractors of Taxi Live Africa (Pty) Ltd. Should a disputes arising from the users rights, legal obligations or from law applicable to the provision of transport services will be resolved between the users of Taxi Live Africa App and the drivers.
    2. When using the Taxi Live Africa App, on arrival at the destination, the passenger can choose whether they wish to pay cash for the journey to the driver or use their pre-loaded credit/debit card system. When making use of the credit/debit card system, the receiver of the payment is Taxi Live Africa, who forwards the received payment to the registered driver as a transport service provider. When making credit card payments, a service fee is added to each order of transportation service. The named service fee includes payment commission fees, incl. Visa / MasterCard service fees. The amount of the service fee is displayed in the mobile app.
    1. During the installation of Taxi Live Africa App, the user’s mobile number is linked to the respective Taxi Live Africa App user account and added to our database. The personal data of users is only disclosed to those drivers who have activated the Taxi Live Africa App; in such case, they will see the name, telephone number and geographic location of the user
  1. Taxi Live Africa App in-App Payment
    1. You can pay for the transport services with a card, you are the user, will be responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
    2. When making payments by Taxi Live Africa App in-App Payment, Taxi Live Africa will receive your payments and forward money to the driver. Taxi Live Africa (Pty) Ltd may ask additional data from you to verify payment method.
    3. When making payments by Taxi Live Africa App in-App Payment for transport services, the Company will not be held liable for possible third-party payment costs (data costs, bank fees etc).
    4. Taxi Live Africa (Pty) Ltd will be responsible for the functioning of Taxi Live Africa App in- App Payment and provide support in resolving problems. Should you require any assistance, please contact: info@taxiliveafrica.com and an agent with deal with your inquiry within 48 hours.
  1. Ordering and cancelling transport services
    1. If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.
    2. Cancelling an already ordered service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service, the user will be liable to pay a penalty of R45-00.
    3. Should the user cancel an ordered and confirmed service request on consecutive occasions within 24-hour Taxi Live Africa may temporarily block your user account.
    4. When driver notifies the user about the arrival of the vehicle to its destination and user or person for whom the transport was ordered do not arrive at the vehicle within ten (10) minutes, the users request will be deemed cancelled.
  1. License to use Taxi Live Africa App

As long as you comply with these General Terms and Conditions, we agree to grant you a, revocable, non-exclusive, right to access and use the Taxi Live Africa App in accordance with these General Terms and Conditions.

  1. Liability
    1. As the Taxi Live Africa App serves as a means of communication between the user and the drivers, Taxi Live Africa (Pty) Ltd cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of Taxi Live Africa App for requesting transport services depends on the behaviour of the drivers, Taxi Live Africa (Pty) Ltd do not guarantee that the user will always have offers (drivers) available for the provision of the transport services.
    2. The consumer’s right of refund is not applied to Taxi Live Africa App orders.
    3. The Taxi Live Africa App is provided on an availability basis Taxi Live Africa (Pty) Ltd does not represent, warrant or guarantees that access to availability of a Taxi Live Africa driver. In case of any faults in the software, Taxi Live Africa (Pty) Ltd undertakes to correct the faults as soon as possible.
    4. Taxi Live Africa (Pty) Ltd, its drivers, directors and staff will not accept liable for any loss or damage that you may incur as a result of using Taxi Live Africa App, including but not limited to: any direct or indirect material damage or monetary loss; loss of profit; loss of business, agreements, damage to reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.
    5. The user agrees to fully indemnify and will not hold Taxi Live Africa (Pty) Ltd liable for any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Taxi Live Africa App (including the journeys you obtain through your use of the Taxi Live Africa App).

5.8 Taxi Live Africa (Pty) Ltd may without notice and immediately end the user’s profile on Taxi Live Africa App should the user breach these General Terms and Conditions or should Taxi Live Africa (Pty) Ltd deem it necessary to protect the integrity of Taxi Live Africa (Pty) Ltd or the safety of drivers.

  1. Good practice using the Taxi Live Africa App
    1. As Taxi Live Africa (Pty) Ltd are not directly providing the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant ombudsman.
    2. We ask to fill out a feedback form in the Taxi Live Africa App. This feedback from the user will allow Taxi Live Africa (Pty) Ltd to offer suggestions to the drivers for improving the quality of their service.
    3. We expect that you use Taxi Live Africa App in good faith and be courteous towards to the drivers who render’s their services to the users through Taxi Live Africa App.
    4. Taxi Live Africa (Pty) Ltd will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and the users, be registered and be available on the Taxi Live Africa App. However, Taxi Live Africa (Pty) Ltd is in no position to warranty that every driver located on the Taxi Live Africa App, fulfils the aforementioned criteria at all times.
  1. Amendments to the General Terms and Conditions

If any modifications are to be made to the General Terms and Conditions of the Taxi Live Africa App, then the user will be notified by e-mail or Taxi Live Africa App notifications. If you continue

using Taxi Live Africa App, you as the user will be deemed to have tacitly have accepted the amendments.

  1. Final Provisions

The General Terms and Conditions are governed by, and interpreted and enforced in accordance with the laws of Republic of South Africa. If the particular dispute resulting in terms of the General Terms or Agreement could not be settled by way of an alternative dispute resolution methods, then the dispute will be resolved in the appropriate Court which will have jurisdiction over the matter.