TERMS AND CONDITIONS

ROSE TAXI - TERMS AND CONDITIONS OF USE

Binding Agreement

These terms and conditions of use (“Terms”) govern the access and/or use by you of applications, websites, content, products and/or services (the “Services”) made available by Rose Travel and Enterprises Limited and its affiliates, with its offices at 704 SAMRO House, 20 Korte Street, Braamfontein, Johannesburg, www.rosetaxis.com (“Rose Taxi”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES AS YOUR USE WILL BE DEEMED YOUR ACCEPTANCE OF THEM.

1       The Services

The Services comprise access and/or use of Rose Taxi’s technology platforms including mobile software applications (each, an “Application”), that enables you and drivers and other users to arrange and schedule transport, logistics and/or related services (“Fulfilment Services”).  Because the Application and the Services are interdependent a reference in these Terms to “the Services” will include a reference to “the Application”. The persons who provide the Fulfilment Services namely, the vehicle drivers or operators, are third party contractors independent of Rose Taxi and who do so under agreement with Rose Taxi (“Third Party Providers”).  YOU ACKNOWLEDGE THAT ROSE TAXI DOES NOT ITSELF PROVIDE FULFILMENT SERVICES NOR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY THIRD PARTY CONTRACTORS (INCLUDING DRIVERS) WHO ARE INDEPENDENT OF AND NOT THE AGENTS NOR EMPLOYEES OF ROSE TAXI.

You acknowledge that parts of the Services may be made available under Rose Taxi’s and/or its affiliates various brands or e-request options associated with transportation or logistics.

Your access and/or use of the Application and/or Services constitute your agreement to be bound by these Terms which establishes a binding agreement between you and Rose Taxi and supersedes any prior agreements with you.  If you do not agree to these Terms, you may not access or use the Services not the Fulfilment Services.  Rose Taxi may terminate these Terms or any Services with you and cease offering or deny you access to the Services or any element thereof.  Unless otherwise agreed by Rose Taxi in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

You agree that Rose Taxi may supplement these Terms to apply to certain Services for a particular event or activity including for supplemented promotions.  You hereby agree such supplemental terms will be binding upon you when disclosed to you.

Rose Taxi may amend these Terms from time to time upon notice to you directly or by directing you to its website.  You agree your continued access or use of the Services after such notice constitutes your consent to be bound by the amended Terms.

You agree Rose Taxi may use and process your personal data (but not your means of payment data) if there is an accident, complaint or dispute and such information or data is necessary to resolve the complaint, dispute or conflict.

Rose Taxi may request and/or permit you to submit, publish or otherwise make available to Rose Taxi through the Application content and other information, support requests and entries for competitions and Promotions (“User Content”).  All User Content remains your property.  However, by providing User Content to Rose Taxi, you grant Rose Taxi for no consideration a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels and lawful purposes without further notice to, or consent from you.  Rose Taxi will comply with all applicable laws.

You warrant that you either are the sole and exclusive owner of all User Content or you have all rights necessary to grant Rose Taxi the aforesaid license to the User Content. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic unlawful or otherwise. You agree Rose Taxi may, but shall not be obliged to, review, monitor, or remove User Content.

2       Limited Grant of License

Rose Taxi hereby grants you a limited, non-exclusive, non-transferrable license to access and use the Applications on your personal device solely in connection with your use of the Services and the Fulfilment Services and to access and use any content, information and related materials that may be made available through the Application and/or Services

You may not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, and/or otherwise data-mining any portion of the Services or the Applications or unduly burdening or hindering the operation and/or functionality (or attempting to) of any aspect thereof and/or its related systems or networks or attempting to gain access to, or impair any aspect of the Services.

3       Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Rose Taxi does not control and to which different terms of use may apply to your use thereof.  You agree that Rose Taxi shall  is not liable for any products or services of such third party providers.

4       User Accounts

To enable you to use the Services, you must register for and maintain a personal account (“Account”).  You warrant that you are at least 18 years of age.  The personal information you submit to Rose Taxi viz, your name, address, mobile phone number and age, as well as a valid payment method including cash.  If you do not maintain an accurate, complete, and up-to-date Account and method of payment information, your failure may result in the suspension or inability to access and use the Services and/or Fulfilment Services.  You agree that you are responsible for all activity that occurs under or via your Account.

You may not authorize third parties to use your Account, and/or to make use of the Services and you may not allow persons under the age of 18 to receive Fulfilment Services from Third Party Providers or otherwise unless they are accompanied by you.  You will not, in your use of the Services and/or the Fulfilment Services, cause nuisance, annoyance, inconvenience, property and/or physical damage, whether to the Third Party Provider or any other party.  In certain instances you may be asked to provide proof of identity that you are at least 18 years of age to access or use the Services, and you agree that you may be denied access to or use of the Services and/or Fulfilment Services if you refuse to provide proof of identity and/or age.

5       Marketing

You agree that Rose Taxi may send you marketing messages including SMS’s as part of the normal business operation of your use of the Services and/or for marketing purposes.  You may opt-out of receiving same.  Rose Taxi may market promotions that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services (“Promotions”) that will be subject to  additional terms.  You agree that Promotions must be used for the intended purpose are not valid for cash and may be disabled, limited or terminated by Rose Taxi.

6       Network Access and Devices

You are responsible for obtaining and paying for the data network access and hardware necessary to use the Services.  Rose Taxi does not represent nor guarantee that the Services will function on any particular hardware.  In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

7       Payment

You agree that your access and/or use of the Services may, in addition to fees for the Fulfilment Services and/or the services or goods you receive from a Third Party Provider, result in you being charged booking fees and the like (each, “Charges”).  Where applicable, Rose Taxi will facilitate payment by you of the applicable Charges to, or on behalf of, the Third Party Provider.  Charges include a fee or commission payable to Rose Taxi and may include other applicable fees, tolls, taxes, airport surcharges and processing fees for split payments and/or surcharges, and will include applicable taxes where required by law.  Save for pre-use validation payments that are refundable, charges paid by you are non-refundable.  You may request lower Charges from a Third Party Provider for Fulfilment Services received by you from such Third Party Provider.  Rose Taxi will respond accordingly to any request from a Third Party Provider to modify the applicable Charges.

All Charges are due and payable by you immediately and your payment will be facilitated by Rose Taxi using your preferred or other payment method designated in your Account.  Rose Taxi will send you a receipt by email.

You agree that Rose Taxi may establish, amend and/or revise Charges and that Charges may increase substantially during times of high demand and for specific areas.  You agree that you will be liable for all Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.  You may elect to cancel your request for Fulfilment Services from a Third Party Provider at any time prior to commencement thereof, in which case you agree to pay the applicable cancellation fee.

The Charges are intended to fully compensate the Third Party Provider for the Fulfilment Services provided.  Save for taxicab transportation services requested through the Application, Rose Taxi does not designate any portion of your payment as a gratuity to the Third Party Provider.   You understand and agree that, while you are free to pay a gratuity to any Third Party Provider who provides you with Fulfilment Services, you are under no obligation to do so.

8       Repair and/or Cleaning Fees

You agree you will be liable for the cost of repair and/or replacement for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).  If a Third Party Provider reports the need for Repair or Cleaning and such Repair or Cleaning request is verified, Rose Taxi reserves the right to facilitate payment for the reasonable cost of such Repair and/or Cleaning on behalf of the Third Party Provider using the payment method designated in your Account.  Such amounts will be paid and transferred from your account by Rose Taxi to the applicable Third Party Provider and are non-refundable.

9       Disclaimers; Limitation of Liability

The Application and/or Fulfilment Services are provided “as is” and “as available.”  Rose Taxi is not liable for any representations and/or warranties whether express, implied or statutory, that are not expressly set out in these Terms.  In addition, Rose Taxi makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Fulfilment Services or, to avoid doubt, any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. Rose Taxi does not guarantee warrant or represent the quality, suitability, safety or ability of Third Party Providers. You agree that all risk arising out of your use of the Application, Services and/or Fulfilment Services, and/or any services or goods requested in connection therewith, remains solely with you.

10    Limitation Of Liability

Save for any liability for Repair and Cleaning, neither you nor Rose Taxi shall be liable for indirect, incidental, special, exemplary, punitive or consequential damages or losses, related to, in connection with, or otherwise resulting from any use of the Services and/or Fulfilment Services.  Rose Taxi 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 provider.  Rose Taxi shall not be liable for delay or failure in performance resulting from causes beyond Rose Taxi’s reasonable control.  You acknowledge that Third Party Providers providing Fulfilment Services to you requested via the Application may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or legally permitted.  Rose Taxi’s total liability to you in connection with the services for all damages, losses and causes of action will not exceed R1,000.00.

The limitations and disclaimers in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable local law.

11    General Terms

Rose Taxi is not responsible or liable for any property you or other users of your Account may leave in the vehicle of a Third Party Provider although it will use reasonable endeavours to return any property to its identifiable owner.

You consent to Rose Taxi assigning or transferring these Terms in whole or in part.  No joint venture, partnership, employment or agency relationship exists between Rose Taxi or any Third Party Provider as a result of these Terms or other contract between you and Rose Taxi or use of the Services.

These Terms constitute the entire agreement and understanding between Rose Taxi and you with respect to its subject matter.

 

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