TERMS AND CONDITIONS FOR PASSENGERS

1. USING THE CABY APP

1.1. Caby Taxi Proprietary Limited t/a Caby (“Caby”) is an e-hailing mobile application that is used for the mediation of transport services between passengers and drivers. E-hailing is the process of ordering a car, taxi or other form of transportation pick up via virtual devices or platforms.

1.2. The Caby Application (“Caby App”) allows a passenger to book a ride, by sending a request on the Caby App to the nearest driver with their pick-up and drop-off locations.

1.3. Drivers provide transport services on an independent basis to Caby as economic and professional service providers. Caby Drivers are screened, trained and registered as a Driver on the Caby System.

1.4. Caby is the legal holder of the application and does not provide transportation services. Drivers are independent contractors and not employees, agents, or representatives of Caby. Caby does not supervise the provision of transport service nor is it liable for acts or omissions of drivers.

1.5. Caby is in no way responsible for the fulfilment of the contract between the Driver and the Passenger. As such any disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the Driver and Passenger.

1.6. Caby is a proudly South African App and was developed and tested in South Africa.

2. PASSENGER USE OF CABY APP

2.1. In order to make use of the Caby App, the passenger must download the software application (Caby App) and register a user account.

2.2. The passenger will be required to enter an email address and mobile number that will be linked to the passenger’s user profile.

2.3. Depending on the payment options supported for the given location of the trip, the passenger can choose between two personal payment cards, which can be pre-loaded on the Caby In-App Payment, via a pre-loaded credit/debit card.

2.4. Users must treat drivers with respect and refrain from abusive, violent or discriminatory behaviour. Caby reserves the right to suspend or terminate accounts in case of misconduct.

3. IN-APP PAYMENTS

3.1. Depending on the payment options supported for the ride, the passenger can pay for the transportation service with a card, other payment methods as and when available through the Caby App.

3.2. You as a passenger are responsible for ensuring that the payment takes place and that sufficient funds are available if using cash or card payments.

3.3. Caby acts as a commercial agent for the providers of transport services.

3.4. Every driver has authorized Caby to act as their commercial agent for the mediation and conclusion of contracts between the driver and the passenger, including the power to accept payments from passengers and to forward the relevant portion of the payments to the driver.

3.5. Your obligation to Caby will only be deemed as fulfilled when the instruction is given to transfer the payment into Caby’s account.

3.6. When making payments through the In-App payment service, Caby will not be held liable for possible third-party payment costs, including but not limited to bank charges and data costs.

3.7. When making payments by Caby In-App Payment, Caby receives your payments and forwards money to the driver. Caby may ask additional data from you to verify payment method, such as a second payment card.

3.8. For payment support services, please contact support@caby-sa.co.za. Inquiries will receive a response within 48 hours.

Tips

3.9. You may choose to tip your driver by using the Caby In-App Payment service. Caby will not hold a commission for the brokerage of the Tip and the full Tip amount will be transferred to the driver, excluding any taxes, if applicable.

4. TOKENISATION AND VERIFICATION PROCESS

4.1. When you upload your bank account or card details on the Caby App, a temporary transaction not exceeding R1.00 (One Rand) may appear in your bank account and on the App.

4.2. This minimal transaction is part of a secure process to:

• Validate your bank account and card.
• Retrieve and store a unique Token ID linked to your payment method, used for future transactions.

4.3. Once your payment method and Token ID are successfully verified, the R1.00 will be refunded to your bank account.

4.4. This process is a once-off verification and will remain valid until your payment method expires, is replaced, or is removed.

5. CABY REWARDS

5.1. Caby’s passengers will be rewarded from time to time.

5.2. Passengers may receive prizes from our sponsorships and partners.

5.3. Some promotional rewards may be provided by our partners and may not appear within the Caby App interface.

6. REQUESTS AND CANCELLATIONS

6.1. If you request a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.

6.2. Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the ride on such terms and conditions as you agree with the driver.

6.3. 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.

6.4. Should you cancel an ordered and confirmed service request on consecutive occasions within 24-hour Caby may temporarily block your user account.

6.5. After multiple such warnings, we may suspend your account for a longer period (e.g. 6 months). After that period you could ask to reactivate your account and your application will be reviewed by Caby.

6.6. When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within 10 minutes as specified in the Caby App, the request will be deemed cancelled.

6.7. Sometimes driver may decide to cancel your request, please note that Caby is not responsible for such situations. Caby will, however, reroute your request to an alternative driver, and such rerouting is subject to the availability of an alternative driver.

6.8. Once the driver arrives and sends you a notification that he/she has arrived the Caby App, the fee will become due owing and payable once the driver stars the ride.

7. LICENSING

7.1. As long as the passenger complies with the general Terms and Conditions, Caby agrees to grant the passenger a revocable, non-exclusive, royalty free, right to access and use the Caby App in accordance with these Terms and Conditions, the Privacy Notice and applicable app-store terms.

7.2. These rights are non-transferable and the passenger is not authorized to sub-license the right to use the Caby App.

7.3. In the event that your right to use the Caby App is cancelled, the corresponding non-exclusive license will also be cancelled.

8. PROCESSING OF PERSONAL INFORMATION

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

8.2. By registering as a user of the Caby App, the customer agrees to the following conditions:

• Caby shall have the right to add the personal data of the App user to the Caby database and to forward the personal data to Caby in accordance with the Caby Privacy Policy.
• Caby shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy. We shall notify the users of changes to the Terms and Conditions and Privacy Policy.
• Caby shall be entitled to transfer the information containing personal data to third parties, if required in order for the third party to perform in terms of its obligations to Caby, such transfer will be done without prior notification to the App users. In case of a transfer of the business or the database, the rights and conditions arising from this license agreement shall be transferred as well.
• Caby shall be entitled forward personal data and bank data to credit card and mobile payment intermediaries.
• Caby has the right to send marketing messages and authentication codes to Users via SMS messages, push notifications and the like.

9. LIABILITY

9.1. Caby cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services.

9.2. As the usage of Caby App for requesting transport services depends on the behaviour of the drivers, Caby does not guarantee that you will always have offers available for the provision of the transport services.

9.3. The Caby App does not offer or broker transport services for passengers.

9.4. It is also not a transport agency service for finding passengers for transport providers.

9.5. Caby, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Caby App or relying on, the journey contracted for through the Caby App, including but not limited to:

• any direct or indirect property damage or monetary loss
• loss of profit
• loss of business, contracts, contacts, goodwill, 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.

9.6. To the maximum extent permitted by law, Caby and its affiliates shall not be liable for any direct, indirect, incidental, or consequential damages or loss arising from the use of the App or the services facilitated thereby, subject to the rights of consumers under the Consumer Protection Act.

9.7. If you have requested transport services using the Caby App and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to smell), the driver will have the right to require you to pay a penalty fee and require compensation for any damages exceeding the penalty.

9.8. If you do not pay the penalty and/or compensate the damage, Caby may pursue the claims on behalf of the provider of the transport service and your User account will be blocked on the Caby App.

10. GOOD PRACTICE USING THE APP

10.1. As Caby is 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.

10.2. We ask to send a message as and when you complete the ‘Rate your Driver’ space allowed on the Caby App. This feedback from the user will allow Caby to offer suggestions to the drivers for improving the quality of their service.

10.3. We expect that you use the Caby App in good faith and be courteous towards to the drivers who render their services to the users through the Caby App.

10.4. Caby 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 Caby App. However, Caby is in no position to warranty that every driver located on the Caby App, fulfils the aforementioned criteria at all times.

11. AMENDMENTS TO GENERAL TERMS AND CONDITIONS

If any substantial amendments are made to the Terms and Conditions, then you will be notified by e-mail or the Caby App notifications. If you continue using the Caby App, you will be deemed to accept the amendments.

12. FINAL PROVISIONS

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