terms/privacy policy

LEGAL: BEST CAB”S TERMS AND CONDITIONS FOR USE BY PASSENGERS

These general terms and conditions of use by passengers set out the general terms and conditions applying to and governing the usage of the Best Cab App-technology which mainly aims to connect passengers and drivers in order to help them travel around more efficiently.

The term us or we refers to the owners of the Best Cab App-technology (Ditau Trading Enterprises 307 pty Ltd) is a limited private company founded and registered in the Republic of South Africa with Registration number; 2014/265925/07, whose business is at 03 Wilson street Roodepoort, also to   Ditau trading Enterprises 307(pty) ltd, partners, local subsidiaries, representatives, directors, affiliates, agents and etc., the list of Ditau Enterprises is available at https;/www.bestcab.co.za

In order to use the Best Cab App you must first agree to the general terms and conditions below:

1. USING THE BEST CAB APP

1.1Best Cab App is an App aimed at only providing information services and does not provide transport services. Transport services are provided by drivers under independent contracts with passengers for the carriage of passengers. Drivers provides transport services on an independent basis, either in person or via companies as economical and professional service providers. Disputes arising from consumer rights, obligations or from law applicable to the provision of transport services must be resolved between passengers and drivers concerned. Data regarding drivers and transport services is available on Best Cab App and receipts for journeys are sent to the email address listed on the passenger’s profiles.

1.2when using the Best Cab App you may choose to pay the driver you requested in cash for his or her transport service or you may choose to pay using The Best Cab-in App payment method. Payments for Best Cab Business trips are handled under a separate agreement, for business trips charges are inclusive of applicable fees, tolls, and or surcharges including a booking fee, municipal tolls, airports surcharges or processing fees for split payments.

1.3During the installation process of the Best Cab App passenger’s mobile numbers are linked to the respective Best Cab account and automatically added to our database. If you are no longer using your mobile number you have a duty to notify Best Cab within 7 days of such change so that Best Cab may anonymize your account data. Failure to notify us about such changes  may result in an error whereby your mobile operator allocates the same number to the next person and should such person also use Best Cab App he or she may see your information.

2: PROMOTIONAL CODES

2.1Best Cab may send you promotional codes on per promotions basis. A promotional code credit may be applied towards payment on completion of a trip or other features or benefits related to the completion of a trip or other features related to the service and or a third party’s service and subject to additional conditions.

Expiration dates of promotional codes will be reflected in-app once you have applied the promotional code to your respective account

2.2 should your trip amount exceed the redeemable credit allocated to your trip, the balance thereof will be deducted from your account, payment method similarly applies on a per trip basis and may not carry over to the next trip and therefore if not used will be forfeited. Only one promotional code may be applied per trip.

2.3Best Cab Reserves the right to cancel a promotional code at any time for any reason. This includes a situation wherein Best Cab deems that codes are been used unlawfully, fraudulently, issued mistakenly or have expired.

3. BEST CAB IN-APP PAYMENT

3.1you may pay for the transport service with a bank card, mobile carrier billing and using other payment methods for example through Best Cab business which requires prior activation on the Best Cab App.

By providing Best Cab In-App payment service, Best Cab acts as a commercial agent for the providers of transport service. Your obligation to the providers of transport services is fulfilled when the payment order is given to transfer funds into the bank account of Best Cab.

Take note that as passengers you are responsible to make sure that payment takes place and for ensuring that you have sufficient funds.

3.2when making payments through Best Cab In-App Payment Best Cab receive your payment and forwards that money to the respective transport provider or driver. Best Cab may ask additional data from you to verify your preferred method of payment.

3.3 when making payments through Best Cab In-App payment for transport services, Best Cab is not responsible for any possible third parties payment costs, such as costs for mobile operators and bank charges. Such service providers will charge you additional fees when processing your payment in connection with the Best Cab In-App payment, Best Cab is not responsible for such fees and disclaims all liability in this regard. Your payment method may be subject to additional terms and conditions imposed by each respective third party. Please read these general terms and conditions carefully before choosing your preferred payment method.

3.4Best Cab is responsible for the functioning of Best Cab In-App payment and provides support in resolving problems.

The resolution of disputes related to Best Cab In-App payment also takes place through us. For payment support services kindly contact; info@bestcab.co.za

Please take note that inquiries submitted by email or  the Best Cab App will receive response within one business day, Best Cab will resolve Best Cab In-App Payment complaints and applications within two business days.

4 Ordering and cancelling transport services

4.1if you order a transport service and somehow a driver or transport service provider agreed to undertake the work then the transport service is considered to be ordered.

4.2 Once a driver confirms that he or she will complete your ordered transport service you will enter into a separate agreement for the purposes of such transport service with additional terms between yourself and the driver in question.

4.3 cancelling of the ordered transport service occurs where the driver has replied to your request however you subsequently, reject, cancel or refuse the ordered transport service. The request will be cancelled after a certain time frame and cancellation fee will be charged and must be paid.

 

4.4 If you cancel a transport service request on multiple successive instances within 24 hours we may temporarily block your account as a warning.

We may resort to blocking your account for longer period of 6 months. After suspension of your account you may make an application to reactivate your account such application will be subject to strict review by Best Cab.

4.5when the driver notifies the passenger about his or her arrival at a pick up point however the passenger or people whom such transport service is ordered for do not arrive at such vehicle within a certain time frame as specified in the Best Cab App the request will be deemed cancelled, sometimes the driver for whatever reason may cancel your request. Kindly take note that Best Cab is not responsible for such situations.

 

4.6 Once the driver arrives and send you a notification that he or she has arrived Best Cab App may begin billing the fare on waiting time basis in terms of prescribed rates as specified on the Best Cab App.

4.7 if you have requested a transport service using the Best Cab App and you cause any damage to the drivers vehicle or its furnishing by blemishing, or staining the vehicle or cause it to have unpleasant smell, the driver concerned shall have a right to request you to pay a venality fee of R150 and shall be entitled to compensation for any damage he might have suffered which exceeds the penalty fee and or compensation.

Best Cab may pursue a suit / claim on behalf of the transport services provider.

5 LICENSE TO USE BEST CAB APP

5.1As long as you comply with these General terms and conditions we will grant you a royalty free revocable non- exclusive right to access and use the Best Cab App in accordance with these general terms and conditions of use, the privacy policy and the all applicable APP-store terms, you may not transfer or sub license your right to use the Best Cab App. In the event that your right to use Best Cab App is cancelled the corresponding non-exclusive license shall also be cancelled.

6 LIABILITY

6.1Best Cab is information service App and serves as a means of communication between passengers and drivers, Best Cab does not guarantee or take any responsibility for the quality or absence of any defects in the provision of transport services. The usage of Best Cab App for requesting transport services depends on behavior of drivers further Best Cab does not guarantee that you will always have offers available for the provision of transport services

6.2The Best Cab App does not offer or broker transport services for passengers from transport providers. Best Cab App is used as a means for connecting, organizing and arranging transport services. The consumers’ right of refund from transport services providers does not withdraw you from the agreement in the course of the ordered transport service.

6.4 The Best Cab App is provided on as is basis and as available basis

Best Cab does not represent, warrant or guarantee that access to it will be un interrupted or error free. In case of any faults or technical errors in the software Best Cab will endeavor to rectify them at its earliest convenience, please bear in mind that the functionality of the app may be limited due to unforeseen occasional technical errors further Best Cab cannot guarantee the app to function at all times for example there may be unexpected interruptions due to a public or a national emergency.

6.5 Best Cab, its representatives, directors and employees are not liable for any loss or damage which you may incur as a result of using the Best Cab App or relying on the journey, contracted for in terms of the Best Cab App, including but not limited to; any direct or indirect property damage or monetary loss of business deals, contracts, goodwill, reputation and any loss which may unexpectedly arise from interruption of business loss or inaccuracy of data and any type of loss or damage.

6.6 The financial liability of Best Cab in connection with breach of contract will be limited to R500 and you will only be entitled to claim for damages if Best Cab has deliberately violated the contract. However take note that Best Cab is not liable for the actions or lack of actions of drivers and will not be liable for damages caused by drivers to passengers or damages caused to passengers by drivers.

6.7you agree to fully indemnify and hold Best Cab, their affiliates companies, directors, employees and representatives harmless from any claim or loss including liabilities, damages, costs and any expenses of any failure which may be suffered as a result of the use of the Best Cab App including the journeys you secure  through the use of the Best Cab App.

 

6.8Best Cab may immediately end your use of the Best Cab App should you breach any of these general terms and conditions of use if it is necessary to protect the integrity of Best Cab or the safety of drivers.

7 GOOD PRACTICE USING THE BEST CAB APP

7.1 since Best Cab is not a transport services provider or broker any issue concerning defects or quality of our respective services must be addressed and resolved in accordance with the rules and regulations of the transport service providers or the relevant government authority.

7.2 You are requested to fill in a feedback form on the Best Cab App because that will enable us to propose suggestions to the drivers for improving the quality of their services.

7.3 We expect that you use Best Cab App in good faith and treat each other with decency and respect. Best Cab  reserves the right to close your account should you violate the terms set out in this general terms and conditions of use or if your activities are illegal, malicious,, such as withholding the payment for the respective transport service, fraudulent, being disrespectful to drivers etc. in such circumstances your Best Cab  account may be revoked without prior notice.

7.4Best Cab will make every effort to ensure that only drivers who have integrity and are respectful of their occupation and value passengers use the Best Cab App. However Best Cab is in no position to guarantee that every transport service provider satisfies the aforementioned criteria at all times. Take note that should you experience objectionable transport service you should notify the company responsible for such service, a service authority or our customer support services immediately.

8 AMENDMENT TO THE GENERAL TERMS AND CONDITIONS

8.1 If any substantial amendments are made to the general terms and conditions then you will be notified by email or via Best Cab Notifications App. Should you continue using Best Cab you will be deemed to have accepted such amendments.

9 FINAL PROVISIONS

9.1 These general terms and conditions are governed by and construed and enforced in accordance with the laws of the Republic of South Africa, should there be any dispute arising from the general terms and conditions or agreement and are not resolved through negotiations then the court having jurisdiction if any of the terms and conditions is held to be unenforceable may replace the affected provision with an enforceable provision which approximates the intent and economic effect of the affected provision.

DATE OF ENTRY INTO FORCE:

BEST CAB PRIVACY PORTAL

As a trusted guardian of customer’s personal information, Best Cab is committed to processing personal information honestly, ethically, with integrity and always to be consistent with all applicable laws and our privacy commitments.

Your privacy as a customer is important to us, just as knowing how we use your information is important to you. This Best Cab privacy policy gives you access to our privacy policy which offers transparency and accountability of how we collect, use, share and protect your personal information based on your interaction with Best Cab, Our products and services that you use or subscribe to and how you make use of our services, for your ease of use, we have broken down this information into easy to read and understand sections so that you may find specific details you need quickly and conveniently.

 

Privacy statement

About our privacy and cookies policy; we are committed to privacy and confidentiality of all personal information provided to us.

This privacy policy statement provides necessary information to assist you in understanding how we collect, use and share your personal information and our privacy practices with regard to any personal information collected by us from you directly or through the website or the use of our services.

Who are we: Best Cab is a subsidiary of DITAU TRADING ENTERPRISE 307(Pty) Specialising with transport services specifically connecting passengers with drivers.

In this privacy statement we/us/ours means Best Cab, third party means someone who is not you or us. Best Cab means : Best Cab a subsidiary of DITAU TRADING ENTERPRISE 307 (Pty) Ltd a private company registered in accordance with the laws of the Republic of south Africa with registration number: 2014/265925/07 and its  office address at : 14 EXNER STREET ROODEPOORT.

Our privacy commitments of the personal information we collect about you: we are committed to respecting your privacy at all material times.

We are committed to privacy, security, complying with applicable data protection and privacy laws.

Personal information we collect about you:

Our use and analysis of your information:

Sharing your personal information;

Keeping your personal information secure:

Unauthorised access to your personal information:

Links to other websites:

Governing law;

Your rights and responsibilities

Commission: By agreeing to the terms and conditions of Best Cab you agree with the commission which Best Cab is entitled to charge

 

DISCLAIMER NOTICE:  EVERY PASSENGER AND DRIVER IS DUTY BOUND TO READ AND UNERSTAND THE TERMS OF THIS PRIVACY POLICY FAILURE TO DO SO BEFORE COMMITING TO ANY SERVICE RENDERED BY BEST CAB, BEST CAB SHALL NOT BE HELD LIABLE.

 

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