TERMS & CONDITIONS
CHAUFHER SOUTH AFRICA
Terms and Conditions
Chaufher South Africa (Pty) Ltd
Company registration 2017/441764/07 (“ChaufHER”)
1. Who we are
We are a majority women owned and operated private company connecting women Ride-Hail drivers for women Ride-Hail riders and thereby facilitating a safer alternative Ride-Hail service in South Africa.
2. What we do
We operate and own an electronic platform available for download onto a smartphone, tablet, desktop or other device to enable women to arrange and schedule transportation services via dedicated women only independent third party providers of transport “door to door passenger” services (“Third Party Drivers”).
3. What we aren’t
We are not a “taxi” company and we don’t own, operate or contract transport services or drivers or employ any drivers.
Our service is to bring together women who seek transportation and women Third Party Drivers on to ChaufHER’s electronic platform accessible via our App (“ChaufHER App”).
4. Our Contractual Relationship with you
The Terms and Conditions (T&C’s) set out below govern the access and use by you of the ChaufHER App and the services made available via this App (the “Services”).
5. What you need to access the Services
You must to be a women as legally defined, or a minor, as legally defined. (“User”)
If you are minor your guardian (“Guardian”) may be either gender. You must be in possession of a valid South African Identity Number or a valid passport from any other country. You must register on the ChaufHER App.
6. Our right to amend these T&C’s
We may amend these T&C’s from time to time as and when we deem it appropriate.
Amendments will be immediately of force and effect upon uploading to our website at [www.chaufher.com/termsandconditions]
Your continued use of the Services via the application after the uploading of the amendment of the T&C’s constitutes your agreement to be bound by the amended T&C’s.
7. The license you get through the ChaufHER App
By agreeing to these T&C’s we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the ChaufHER A;pp on your personal smart phone, tablet, laptop or other device exclusively 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.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
8. Provision and use of the Services
You must register for and maintain a personalised user Services account (“User Account”). You must be a women User, or a Guardian to create a User Account. (“User Account Owner”). In the registration process you will be asked for certain personal information, being your name, identity or passport number, residential address, and mobile phone number. If you are a Guardian you will also be asked for the User’s name, identity or passport number, residential address and mobile phone number. You will also need to submit your credit or debit card details for payments upon registering on the App. You will need to maintain accurate, complete, and up-to-date information to ensure access to the Services. You are responsible for all activity that occurs on your User Account, and you must maintain the security and secrecy of your User Account username and password at all times. A User may only have one User Account. A Guardian may have more than one User Account.
User Requirements and Conduct.
Only women as legally defined, and minors as legally defined may access the Services. You agree that you will not authorize third parties to use your User Account.
You agree that you may not assign or otherwise transfer your User Account to any other person or entity. You agree to comply with all applicable laws when using the Services. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or are accompanied by a man in your use of the Services.
Data Network Access and Compatible Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications especially on mobile devices.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). After you have received services obtained through your use of the Service, we will facilitate your payment of the applicable Charges on behalf of the Third Party Driver as such Third Party Drivers limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Driver. Charges may include other applicable fees, tolls, and/or surcharges including but not limited to a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes incl VAT. Charges paid by you are final and non-refundable. All Charges are due immediately and payment will be facilitated by us the preferred payment method designated in your Account, after which we will send you a receipt by email or text message. We retain the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in our sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. We will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your User Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for services from a Third Party Driver at any time prior to such Third Party Driver’s arrival, in which case you may be charged a cancellation fee.
10. Disclaimers; Limitation of Liability; Indemnity.
ChaufHER 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, ChaufHER makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services requested through the use of the Services, or that the services will be uninterrupted or error-free. ChaufHER 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.
11. Limitation of Liability.
ChaufHER shall not be liable for indirect, incidental, special, 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. ChaufHER 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 Driver. The limitations and disclaimer do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold ChaufHER 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 obtained through your use of the Services; or (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Third Party Drivers.
12. Governing Law.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Republic of South Africa.