Terms of use for Riders

These Rider terms of service are a binding legal Agreement (“Agreement”) between Zippy Cab Transport cc (“ZippyCab”) and you the rider, (“Rider). 

Whereas:

i. The Rider agrees to adhere to the terms and conditions below by obtaining and confirming the acceptance of this Agreement (and/or by using the App.

ii. ZippyCab is the provider of a marketplace platform for passenger transportation services which matches riders with riders who are driving or travelling along similar destinations under the terms and conditions below.  

As the Rider, you agree with ZippyCab to the following terms and conditions:  

1. Definitions

“Account” refers to an account that the Rider opens and that is approved by the ZippyCab to access the Rider App to make use of the Services.

“App” refers to the applications from ZippyCab (e.g. software, websites, payment services) and  related support services systems that enable ZippyCab  to match the Rider with Riders based on reasons such as rider location, the requested pickup location, the estimated time to do a pickup, destination, platform efficiency, and the cancellation of an existing match and/or to rematch the rider with a Rider based on the same considerations.

“ZippyCab Data” refers to all data linked to the access and use of the Services hereunder, including all data related to Riders (including Rider Information), all data related to the provision of Transport Services via the Services and the Rider App, and the ID.

“Rider” refers to a person using and accessing the Rider APP (hereafter defined) for the purpose of providing transportation services to riders.

“Rider App” refers to the App that permits the Rider to use the Services.

“Fare” refers to the fee to be charged to a Rider for Transportation based on travel distance and duration between pick up location and destination as set out in ZippyCab’s schedule of fees included in these terms of usage agreement, and provided to the Rider as calculated by the Rider App.

“ID” refers to the unique identification number and password assigned to a Rider on opening an Account.

“Request” refers to a request from a Rider for Transportation.

“Services” refer to ZippyCab’s digital platform electronic services that enable the Rider to be matched with Drivers through App

“Services Fee” shall be the Fare to be paid by or due from Rider to ZippyCab per Request or as otherwise set out in this agreement.

“Territory” means the Republic of Namibia.

“Rider” an eligible Rider who uses the App to obtain Transportation Services offered by Drivers. To be eligible, Riders must represent and   warrant that they are at least 18 years old are fully able and competent to satisfy the terms, conditions, and obligations in these Terms.  

“Rider Data” refers to information (which may include Rider’s name, pick up location and destination) about a Rider that the Driver can access when a Rider requests a Ride.

“Vehicle” refers to the Driver’s Vehicle which must meet the quality standards and other criteria set by ZippyCab (as amended from time to time) and which must always comply with all statutory and legal requirements of the Republic of Namibia.  

2. ZippyCab Marketplace platform.

Rider is gra nted a limited, non-exclusive, revocable, non-transferable, non-assignable, non-sublicensable license to use the App and Services, subject to compliance with the terms herein. Rider is not obligated to provide ZippyCab with exclusive rights, and Rider is free to use comparable transport services, open Account-like accounts with third parties, access Services-like services from third parties, and conduct business with any other party. ZippyCab and its respective licensors reserve all rights not expressly granted to the Rider. Under the terms of the agreement, ZippyCab provides the App and possibly related App/technology support & administrative Services, and Rider will provide his/her mobile device with data plan on which the Rider App is to be installed and which should meet the specifications required by ZippyCab to enable such installation and use. 

3.  The rider agrees that by using this APP and/or accessing and confirming their acceptance of this agreement, they understand that ZippyCab Transport CC does not offer transportation services; instead, it offers a technological platform that enables Riders to post requests for transportation and get Connected to available Drivers to access transportation services.  

The Rider acknowledges that accessing transportation Services, he/she creates a contractual, legal, and direct relationship with the Driver, to which ZippyCab is not a party and to which ZippyCab shall have no liabilities whatsoever to any party for acts and omissions related to the Request and provision of the Transport Services. The rider agrees to be bound by the terms and conditions stated here and acknowledges that they will only be held accountable for their own actions. The rider also agrees to use the Account, App, Rider Data, and Request for the exclusive purpose of accessing transportation services; they will not use the aforementioned for any unlawful or personal purposes or in any way that could be construed as a breach of agreement or negligence.

The Rider warrants and undertakes to hold and maintain valid Identity documents. 

The rider hereby consents to initial and continuing background checks on Rider and Rider evaluations by ZippyCab for quality assurance purposes. 

The Rider represents, warrants and agrees not to engage in reckless behaviour while using the services under this agreement.

The Rider represents, warrants, and agrees not to attempt to defraud ZippyCab or Drivers. 

4. ID and Account

In order to use the App, the Rider will be required to open Rider Account on the Rider App. This account will give Rider access and use to the Rider App. Upon full activation of the account, the Rider will be issued an ID. Only one existing account will be allowed per rider. Under the terms of the agreement, the rider will be responsible for keeping the account safe and secure and shall not disclose, share with, or allow any third party (not expressly authorized by ZippyCab) to access and or use the Account or Rider App with the Rider Account and shall immediately report all breaches or improper use of the Account or Rider App, (suspected or actual).  

5. Service Provision

ZippyCab provides the App and possibly related App/technology support & administrative Services, as technology enabler and Rider will provide his/her mobile device with data plan on which the Rider App is to be installed and which should meet the specifications required by ZippyCab to enable such installation and use).

Every time the Rider places a request using the Rider App, ZippyCab will provide the Rider with Data such as Driver’s name, contact details, pick up and destination route through the Rider App to facilitate the Request. The rider is advised to wait at least ten (10) minutes for a Driver to arrive at the pick-up location and that the Rider must try at least one call to Driver, thereafter, to confirm if the Driver intends to complete the Request. The Rider must also confirm destination to the Driver directly in person unless the destination in the App is completely clear. Upon making a request, the Rider App will reveal Driver Data such as name, contact details, photo, location, geo tracking of Vehicle and Vehicle model & registration to the Rider. The Driver shall not have any other person/persons in the vehicle accept rider (for individual rides) or riders (for shared rides) as duly requested through the Rider App. The Driver must not make any unauthorized stops, detours, or interruptions of the journey until the rider (for individual rides), or riders (for shared rides) reached their respective destination/destinations. The end of each request, the rider shall have the option to rate the Driver on the quality of the service provided. Similarly, the Driver will have the option to rate and give feedback, in good faith, on his/her experience with Rider. Perpetual negative ratings from Drivers shall result in an imposition of a probation period on the Rider for self-correction and better behaviour to elevate ratings towards meeting the requisite minimum rating, failing which the ZippyCab may at its sole discretion trigger Deactivation. Similarly, if the Rider repeatedly declines Requests while logged in, such that it adversely impacts the effectiveness and efficiency of the App for the Drivers, the ZippyCab may at its sole discretion trigger the Deactivation.  

6. Rider Fare

Rider is liable to a Rider Fee upon completion of each request for the riders. The applicable charges are shown on the rider dashboard of the Rider App. Starting with a base fair or pickup fair amount and/or distance amounts as shown in the dashboard, these charges may surge from time-to-time based on traffic, high demand and other socio-politico and geographic factors or reasonable considerations.  The Rider agrees to pay the fees directly to the Driver who will act as a payment collection agent for ZippyCab. It is advisable to make use of cashless/card payments. However, where the Rider prefers to pay in cash, the Driver will collect the correct fee and issue correct change to the Rider. Upon completion of each request, the Rider shall enter confirmation of payment through the Rider App as proof of payment of charges to the Driver. 

In situations where the Request is for inter-city/long distance travel (e.g. Rehoboth to Windhoek, Walvis Bay to Oshakati, Tsumeb to Otjiwarongo, etc.) the payable charges will be predetermined.  

7. Payment Processing

Card payment processing services are provided by Bank Windhoek Business E-Commerce platform and subject to its Terms.  For details on Bank Windhoek Business E-Commerce platform terms, sent an email to pieterh@zippynamibia.com for assistance. 

8. Receipts

The Rider understands and agrees to ZippyCab sending Riders receipts detailing their fees for the transportation Services he/she provided.

9. Intellectual Property

ZippyCab owns all intellectual property, including database rights, copyright, design rights, and other similar rights. Unauthorized licensing, sublicensing, selling, reselling, transferring, assigning, distribution or otherwise providing or making the Services and /or the Rider App available in any way to any other party is strictly prohibited. Ratings or feedback shall remain the property of the person giving the rating/feedback. However, ZippyCab is at reserves the right to edit or remove feedback that breach any laws or that contain inappropriate, obscene, or objectionable content.  The person giving ratings and feedback allows ZippyCab the continuous, irreversible, royalty free right to use, show and share the said ratings and feedback in any way associated with ZippyCab’s business. 

All intellectual property generated by the Rider under this agreement through questions, comments, suggestions, ideas, feedback, or other information provided by the Rider to ZippyCab shall become the sole property of ZippyCab.  

10. Rider Representation and Warranty

The Rider represents and warrants that he/she has full authority and capacity to accept and execute the Rider obligations under this agreement; is not under and will not enter into any other conflicting agreement with other third parties that would hinder and prevent the Rider from fulfilling the obligations under this agreement; and will comply with all applicable laws and regulations in the Rider performance of this agreement. 

11. Disclaimer and Warranties

ZippyCab provides the Rider App without guarantee or warranty that the Rider will access the platform without interruptions and/or errors as to the performance, correctness, performance, or suitability of the Rider App for any particular purpose. ZippyCab does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the Rider App. ZippyCab (and any part thereof), including without limitation any content, data and information related thereto, are provided on an “voetstoots” basis, without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.

ZippyCab and its affiliates, including any of their officers, founder, employees, sub-contractors, agents, and other affiliates (collectively, “ZippyCab”), jointly and severally, disclaim and make no representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, or effectiveness of any content, data, results, or other information obtained or generated in connection with the Rider’s use of the Rider App. ZippyCab does not warrant that the operation of the Rider App is or will be secure, accurate, complete, uninterrupted, without error, or without any viruses, worms, other harmful components, or other program limitations. ZippyCab may, at its sole discretion and without an obligation to do so, correct, modify, amend, enhance, improve, and make any other changes to the Rider App at any time, or discontinue displaying or providing any content or features without any notice to the Rider. The Rider agrees and acknowledge that the use of the Rider App, including the use of and/or reliance on any content available through the Rider App, is entirely and to the maximum extent permitted by applicable law, at his/her own risk. 

12. No Service Guarantee

The ZippyCab does not guarantee the availability or uptime of the Rider App. The Rider acknowledges and agrees that the Rider App may be unavailable at any time and for any reason. The Rider understands that the Rider App may be subject to limitations, delays, and other characteristic problems found in the use of the internet (e.g. network connection issues) and electronic communications, and ZippyCab is not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.

13. Indemnification.

The Rider agrees to indemnify, defend and hold harmless ZippyCab and any of its affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) arising directly or indirectly from the Rider’s use of the Rider App (or any part thereof); breach of any term of these Terms by the Rider; any damage of any sort, whether direct, indirect, special or consequential, that the Rider may cause to any third party which relates to your use of (or inability to use) the Rider App; the Rider’s violation of any third party intellectual property rights, privacy rights or other rights through his/her use of the Rider App or provision of information to ZippyCab (including but not limited to obtaining consents from the requisite parties); and the Rider’s violation of any applicable law or regulation.

14. Limitation of Liability.

 ZippyCab shall not be liable under or related to this Agreement for any liability, whether based on contract, offence or any other legal theory, even if a party has been advised of the possibility of such damages including direct, incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or damage to the Rider’s or any third party’s property, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for ZippyCab’s obligations to pay amounts due to the Rider pursuant to this agreement, but subject to any limitations or other provisions contained in this agreement which are applicable thereto, in no event shall the liability of ZippyCab under this Agreement exceed the amount of Service Fees actually paid to or due to ZippyCab hereunder in the three (3) month period immediately preceding the event giving rise to such claim. The Rider acknowledges and agrees that all claims the Rider has or purports to have against ZippyCab should be notified to ZippyCab and/or its Affiliates within twelve (12) months after the event(s) that gave rise to such claim and that the Rider forfeits all rights in respect of that claim of the Rider fails to do so.

15. Confidentiality

The Rider acknowledges and agrees that in the performance of this Agreement he/she may have access to or may be exposed to, directly or indirectly, confidential information of ZippyCab, and that of the Drivers. Confidential Information includes ZippyCab Data, Driver Information (e.g. name, contact information and photo), and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that ZippyCab designates as being proprietary or confidential or of which the Rider should know should be treated as confidential, and the Rider agrees to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of ZippyCab in order to prevent it from falling into the public domain.

16. Deactivation and Termination

ZippyCab may for any reason whatsoever, block the Rider’s access to the Rider App and/or temporarily or permanently limit, suspend, or terminate the Rider’s access to the Rider App, for any reason, at its sole discretion, in addition to any other remedies that may be available to ZippyCab under any applicable law.  Upon deactivation of the Rider Account and or Termination of this Agreement the Rider shall delete all App from the Rider mobile device and, forthwith, settle all outstanding amounts due to ZippyCab and thereafter subject to Rider settling all monies due to ZippyCab, ZippyCab will settle all monies due to Rider. Additionally, ZippyCab may at any time, at its sole discretion, cease the operation of its marketplace platform for passenger transportation services or any part thereof, temporarily, or permanently, without giving any prior notice.

17. Miscellaneous

The Rider acknowledges and agree that ZippyCab’s provision of the Rider App or these Terms, do not, and shall not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the

parties hereto. The Rider remains an independent party that is free to use and end the use of the App at Rider’s sole discretion. Similarly, the rider agrees not to hold himself/herself out to be a servant, agent, or representative of ZippyCab.

18. User Disputes

In situations where a dispute arises between the Rider and the Driver, ZippyCab shall in no way be responsible for the resolution of such a dispute.

19. Amendment of Terms

The ZippyCab reserves the right to change the Terms and conditions of this Agreement from time to time, at its sole discretion and without any notice, including the Privacy Policy.  The Rider hereby acknowledges and agrees that, by accessing the website Services, or downloading, installing, or using the Rider App, he/she is bound by any future amendments and additions to this Agreement, information referenced on the website, or information incorporated herein, including with respect to Fares. Continued use of the Services or Rider App after any such changes shall constitute the Rider consent to such changes.

20. Waiver

ZippyCab’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ZippyCab in writing.

21. Arbitration

All disputes between the Rider and ZippyCab including but not limited to these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or the Rider access to the Rider App shall be resolved on an individual basis through arbitration, governed by the applicable laws of the Republic of Namibia and such decision of arbitration shall be binding and final.