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 app 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.

Restrictions.

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
User Accounts.

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.

9. Payment

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.

Indemnity.

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.

CHAUFHER SOUTH AFRICA (PTY) LTD PRIVACY POLICY

ChaufHER South Africa (Pty) Ltd (“ChaufHER”) is a ride-hail business ‘by women, for women’.

Our business revolves around our Riders and Drivers safety and security and in this regard and for ancillary business purposes we need to collect, store and dispose of information appropriately. Set out below is a summary of why we collect personal information, what we will do with it, how we store it and destroy it in accordance with the requirements of the Protection of Personal Information Act 4 of 2013.

What we collect:
A. Information that you provide to us

This includes the following: (i) Your User profile: ChaufHER collects information for both Operators, Drivers and Riders when you create or update your ChaufHER account. This will include details such as your name, email address, mobile phone number, login name and password, residential address, and the preferences and settings that you enable for your ChaufHER account, payment and banking information as well as your identity or passport number. For Drivers this includes also your vehicle and insurance details. An Operator is a legal or natural person who owns a vehicle that may be used by the Driver. The Operator and Driver may be different people or the same. (ii) User content: ChaufHER collects information that users submit when they contact ChaufHER customer support, third party services (such as payment or security) contracted to ChaufHER, provide ratings or compliments for Riders or Drivers.

B. Information created when you use ChaufHER services for ride hail

This includes the following: (i) Location Information the ChaufHER apps collect your location information as determined using data such as GPS. And for Drivers the app collects Rider location information. (ii) Transaction Information ChaufHER collects transaction details related to your use of our services, including the date and time the ride was provided, amount charged, distance traveled, and payment method. Payment card details are provided to third party payment services provider (iii) Usage information ChaufHER collects information about how you interact with our services. This includes information such as access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and third-party sites or service you were using before interacting with our services. (iv) Device Information ChaufHER collects information about the device (mobile phone/tablet etc) you use to access our services e.g. the IP address, operating system and versions, software, preferred languages, unique device identifiers, serial numbers, device motion information, and mobile network information. (v) Communications data We enable Riders and Drivers to communicate with each other to enhance efficiency of the service through the ChaufHER apps without disclosing their telephone numbers. To do this, ChaufHER receives some information regarding the calls or texts, including the date and time of the call/text, and the content of such communications. ChaufHER may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our offering and for analytics.

C. Information from other sources

This includes the following: (i) User feedback, e.g. ratings or compliments and comments on the apps. (ii) information relating to claims or disputes. (iii) Insurance providers. (iv) Financial services providers. (v) Marketing service providers. ChaufHER may combine the information collected from these sources with other information in its possession.

How ChaufHER Uses Your Information

Note: ChaufHER does not sell or share personally identifiable information with third parties for third party direct marketing purposes.

A. In brief ChaufHER collects and uses information to enable reliable and safe transportation of riders accordingly. We use the information we collect to facilitate: (i) Providing the ChaufHER ride hail service; (ii) ChaufHER users safety and security; (iii) customer support; (iv) improvement of our services; and (v) insurance matters.

B. Providing services and features to Riders and Drivers so as to: (i) Create /update your ChaufHER account. (ii) Verify your identity. (iii) Enable transportation and related matters including pricing and payment. (iv) Allow ChaufHER to identify operational problems, to conduct data analysis, operational testing and to monitor and analyze usage and activity trends.

C. Safety and security of Riders and Drivers. We use your personal data to help to facilitate a safe reliable ride for our users by: (i) Screening drivers prior to becoming Drivers and periodically at set intervals so that safe drivers are part of your ChaufHER experience (ii) Using information from Drivers’ devices to identify unsafe driving behavior such as speeding or repeated heavy braking and unnecessary acceleration, and to discourage such behaviour. (iii) Using information to help prevent, detect and combat fraud. (iv) Providing information to law enforcement agencies to help prosecute identity theft, fraud etc. (v) Using user ratings discourage unsafe/unacceptable behaviour by users.

D. Customer support. ChaufHER uses the information we collect to assist you when you contact our customer support services so as to best address queries.

E. Continuing product development and enhancement. ChaufHER may use your information we collect for product development and enhancing existing service offering especially in regard to safety and security and to assist with financing and insurance of vehicles by Operators/Drivers.

F. Driver/Rider communication. To facilitate users calling and texting each other to verify arrival times, pickup locations etc.

G. Legal proceedings and requirements. ChaufHER may use your information to assist the law enforcement agencies, insurers and to address legal disputes re our services.

Cookies And Third Party Technologies
Summary

ChaufHER and its partners use cookies and other identification technologies on our apps, websites, emails, and online ads for purposes described in this policy. Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. ChaufHER uses cookies and similar technologies for purposes such as: (i) Authenticating users (ii) Remembering user preferences and settings (iii) Determining the popularity of content (iv) Delivering and measuring the effectiveness of advertising campaigns (v) Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our services, as well as when you visit other online sites and services.

How ChaufHER intends sharing your information

The nature of our services require that we share information between the Riders and Drivers as well as third party service providers at your request (eg sharing your ride information with a contact). We may also share your information for legal reasons or in connection with the resolution of claims or disputes or with other members of the ChaufHER group of companies.

A. When we will share information with users:
(i) If you are a Rider, we may share your first name, average rider rating given by drivers, and pickup and dropoff locations with Drivers so that you can book a ride. The ChaufHER system also generates an emailed receipt setting out the amounts charged, driver details as per below, and the pick up point, route and destination details. (ii) For Drivers, we may share information with a Rider who books a ride this information will include your name and photo; vehicle details and photo; location; average rating given to the driver.

B. At your request
The ChaufHER apps enable you as both Riders and Drivers to request via the apps that your ETA and location be shared with a friend or family member.

C. With ChaufHER‘s third party service providers. Such as contracted payment transaction processors and facilitators (eg banks, visa, mastercard etc) outsourced Cloud storage providers, security services providers. Consultants, auditors, accountants and other professional service providers as well as insurance and financing partners in relation to vehicles.

D. For legal reasons or in the event of a dispute. ChaufHER may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or by governmental request, or where the disclosure is appropriate due to safety or similar concerns. This includes sharing your information with both national and regional law enforcement agencies, government authorities, airport, or other third parties as necessary to enforce our agreements with users to protect ChaufHER’s rights or property or the rights, safety or property of others, or in the event of a claim or dispute relating to your use of our services. This includes sharing your information with third parties in connection to any merger, sale of company assets, securities offering, consolidation or restructuring, financing, or acquisition of all or a portion of our company business by or into another company.

E. Sharing information with your consent. ChaufHER may share your information other than as set out above if we notify you and you consent to this.

Information Retention and Destruction

(i) ChaufHER retains user profile and other information for as long as you maintain your ChaufHER account. ChaufHER retains transaction, location, usage and other information for 7 years in connection with regulatory, tax and insurance. ChaufHER thereafter destroys it. (ii) Users may request deletion of their accounts at any time. Following such request, ChaufHER deletes the information that it is not required to retain, and restricts access to or use of any information it is required to retain. (iii) ChaufHER requires user profile information in order to provide its services, and retains such information for as long you maintain your ChaufHER account. ChaufHER retains certain information, including transaction, location, device and usage information, for a minimum of 7 years in connection with regulatory, tax, insurance and other requirements in the places in which it operates. Once such information is no longer necessary to provide ChaufHER’s services, enable customer support, enhance the user experience or other operational purposes, ChaufHER takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection. (iv) You may request deletion of your account at any time through the Privacy Settings in the ChaufHER app. Following such request, ChaufHER deletes the information that it is not required to retain. In certain circumstances, ChaufHER may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, ChaufHER will delete your account as described above. ChaufHER may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, if ChaufHER shuts down a user’s account because of unsafe behavior or security incidents, ChaufHER may retain certain information about that account to prevent that user from opening a new ChaufHER account in the future.

Explanations, copies and correction

You may request that ChaufHER: (i) Provide a detailed explanation regarding the information ChaufHER has collected about you and how it uses that information. (ii) Receive a copy of the information ChaufHER has collected about you. (iii) Request correction of any inaccurate information that ChaufHER has about you. You can make these requests by contacting ChaufHER here. You can also edit the name, phone number and email address associated with your account through the Settings menu in ChaufHER’s apps. You can also look up your trips, orders and deliveries history in the ChaufHER apps.

Updates To This Policy

We may occasionally update this policy. If we make significant changes, we will notify you of the changes through the ChaufHER apps or through others means, such as email. To the extent permitted under applicable law, by using our services after such notice, you consent to our updates to this policy. We encourage you to periodically review this policy for the latest information on our privacy practices. We will also make prior versions of our privacy policies available for review.

Policy dated 4 November 2019