Terms of Service

1. Definitions

For the purposes of these Terms:

• "Hamba Rides," "we," "us," or "our" refers to Hamba Rides (Pty) Ltd, a company registered in South Africa.
• "User," "you," or "your" refers to any person who accesses or uses our Services, whether as a Rider or Driver.
• "Rider" refers to a user who requests transportation services through the Hamba Rides platform.
• "Driver" refers to an independent contractor who provides transportation services to Riders through the Hamba Rides platform.
• "Platform" refers to the Hamba Rides mobile applications, websites, and related technology.
• "Services" refers to the ride-hailing services facilitated through our Platform.

2. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Hamba Rides.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our Platform and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under South African law or any other applicable laws
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate and current

Additional requirements apply to Drivers, including possession of a valid driver's license, Professional Driving Permit (PrDP), vehicle insurance, and compliance with all applicable regulations.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account
• Not share your account with others or allow others to use your account

4.2 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Providing false or misleading information
• Engaging in conduct that harms Hamba Rides, other users, or third parties
• Failure to maintain required licenses, permits, or insurance (for Drivers)

5. Services Description

5.1 Platform Services

Hamba Rides provides a technology platform that connects Riders seeking transportation with Drivers willing to provide such services. We do not provide transportation services ourselves; all transportation services are provided by independent third-party Drivers.

5.2 Ride Types

We offer the following ride categories:

• Economy: Standard sedan vehicles at R8 per kilometer
• Standard: Premium vehicles with enhanced features at R12 per kilometer
• Women-Only Rides: Female riders can request female drivers at no additional cost

5.3 No Guarantee of Availability

We do not guarantee that a Driver will accept your ride request or that a ride will be available at any particular time or location. Availability depends on Driver availability and other factors beyond our control.

6. Rider Terms

6.1 Requesting Rides

As a Rider, you may request rides through the Platform. By requesting a ride, you agree to:

• Provide accurate pickup and destination information
• Be ready at the pickup location at the scheduled time
• Treat Drivers with respect and courtesy
• Comply with all applicable laws and regulations
• Not engage in any illegal, abusive, or inappropriate conduct

6.2 Rider Conduct

Riders must not:

• Request rides for illegal purposes
• Bring prohibited items (weapons, illegal drugs, etc.) into vehicles
• Smoke or vape in vehicles
• Damage Driver vehicles or property
• Harass, threaten, or abuse Drivers
• Exceed vehicle passenger capacity
• Bring pets without Driver approval (except service animals)

6.3 Cancellations

You may cancel a ride request at any time through the Platform. Cancellation fees may apply if you cancel after a Driver has been assigned and is en route to your location.

7. Driver Terms

7.1 Independent Contractor Status

Drivers are independent contractors, not employees, agents, or partners of Hamba Rides. You retain complete discretion over when, where, and how often you provide services. Hamba Rides does not control your work schedule, methods, or processes.

7.2 Driver Requirements

To provide services as a Driver, you must:

• Be at least 21 years of age
• Hold a valid South African driver's license
• Possess a valid Professional Driving Permit (PrDP)
• Maintain comprehensive vehicle insurance
• Own or have legal right to use a qualifying vehicle (2015 or newer, 4-door)
• Pass background checks and vehicle inspections
• Comply with all applicable laws and regulations

7.3 Driver Conduct

Drivers must:

• Maintain a clean, safe, and well-maintained vehicle
• Treat Riders with respect and professionalism
• Follow the most efficient route unless otherwise directed by the Rider
• Not discriminate against Riders based on race, gender, religion, disability, or any other protected characteristic
• Comply with all traffic laws and regulations
• Maintain a rating of at least 4.6 stars
• Not drive under the influence of alcohol or drugs

7.4 Driver Earnings

Drivers receive 79% of the fare for each completed ride. Hamba Rides retains 21% to cover platform costs, insurance, technology, and support services. Payments are processed weekly via direct bank transfer.

7.5 Driver Deactivation

We may deactivate your Driver account for violations of these Terms, safety concerns, low ratings, or other reasons at our sole discretion.

8. Payments and Fees

8.1 Fare Calculation

Fares are calculated based on distance traveled, time, and ride type. We provide upfront pricing before you confirm a ride request. Fares may be subject to surge pricing during periods of high demand.

8.2 Payment Methods

We accept the following payment methods:

• Credit and debit cards (Visa, Mastercard, American Express)
• Mobile payment platforms
• Cash (paid directly to Driver)

8.3 Payment Authorization

By providing a payment method, you authorize us to charge that payment method for all fees incurred through your account. You are responsible for all charges, including applicable taxes.

8.4 Refunds and Disputes

If you believe you were incorrectly charged, you may dispute the charge through the Platform within 30 days. We will investigate and respond within 7 business days. Approved refunds will be processed to your original payment method within 3-5 business days.

9. Safety and Insurance

9.1 Safety Features

We provide various safety features including real-time tracking, emergency SOS buttons, driver verification, and 24/7 support. However, we cannot guarantee your safety and are not responsible for the actions of Drivers or other users.

9.2 Insurance Coverage

Drivers are covered by our commercial insurance policy while actively providing services (from pickup to drop-off). This coverage is supplemental to the Driver's personal insurance. Details of coverage limits are available upon request.

9.3 Reporting Safety Concerns

You must immediately report any safety concerns, accidents, or incidents to us through the Platform or by calling our emergency line at +27 63 025 1274.

10. Intellectual Property

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of Hamba Rides and are protected by South African and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

11. Prohibited Conduct

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Platform or any other systems or networks
• Use any robot, spider, scraper, or other automated means to access the Services
• Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
• Collect or store personal data about other users without their consent
• Use the Services to harass, abuse, or harm another person

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAMBA RIDES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Services
• Any conduct or content of any third party on the Services, including Drivers and Riders
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL HAMBA RIDES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID TO HAMBA RIDES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR R1,000, WHICHEVER IS GREATER.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the use of the Services will be accurate or reliable
• The quality of any services, information, or other material obtained through the Services will meet your expectations
• Any errors in the Platform will be corrected

14. Indemnification

You agree to defend, indemnify, and hold harmless Hamba Rides, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any third-party right, including any intellectual property right or privacy right
• Any claim that your use of the Services caused damage to a third party

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be finally resolved by arbitration in accordance with the Arbitration Rules of the Arbitration Foundation of Southern Africa (AFSA).

15.3 Jurisdiction

You agree to submit to the personal and exclusive jurisdiction of the courts located in Johannesburg, South Africa, for any actions for which arbitration is not required or available.

16. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with the Protection of Personal Information Act (POPIA) and other applicable data protection laws.

By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

17. Third-Party Services

The Platform may contain links to third-party websites or services that are not owned or controlled by Hamba Rides. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Hamba Rides shall not be responsible or liable for any damage or loss caused by your use of any such content, goods, or services available on or through any such websites or services.

18. Modifications to Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and Hamba Rides concerning the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

21. Contact Information

If you have any questions about these Terms, please contact us: