Terms & Conditions

1. CONTRACTUAL RELATIONSHIP

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within any city in South Africa of applications, websites, content, products, and services (the “Services”) made available by VAYAWALLET, a private limited liability company established in South Africa.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and VAYAWALLET. If you do not agree to these Terms, you may not access or use the Services. VAYAWALLET may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. VAYAWALLET may amend the Terms related to the Services from time to time. Amendments will be effective upon VAYAWALLET posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services

VAYAWALLET may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

2. THE SERVICES

The Services constitute a technology platform that enables users of VAYAWALLET mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with VAYAWALLET or certain of VAYAWALLET's affiliates (“Third Party Providers”). Unless otherwise agreed by VAYAWALLET in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT VAYAWALLET DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY VAYAWALLET OR ANY OF ITS AFFILIATES.

License
Subject to your compliance with these Terms, VAYAWALLET grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

access and use the Applications on your personal device solely in connection with your use of the Services; and
access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by VAYAWALLET and VAYAWALLET’s licensors.

Restriction
You may not:

remove any copyright, trademark or other proprietary notices from any portion of the Services;
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 VAYAWALLET;
decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
link to, mirror or frame any portion of the Services;
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
attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services
You acknowledge that portions of the Services may be made available under VAYAWALLET’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “VAYAWALLET Quantums” and “VAYAWALLET Taxis”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:

certain of VAYAWALLET’s subsidiaries and affiliates; or
independent Third Party Providers, including Norwich Taxi Association, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

Third Party Services and Content
The Services may be made available or accessed in connection with third party services and content (including advertising) that VAYAWALLET does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. VAYAWALLET does not endorse such third party services and content and in no event shall VAYAWALLET be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership
The Services and all rights therein are and shall remain VAYAWALLET’s property or the property of VAYAWALLET’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner VAYAWALLET’s company names, logos, product and service names, trademarks or services marks or those of VAYAWALLET’s licensors.

3. YOUR USE OF THE SERVICES

User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to VAYAWALLET certain personal information, such as your name, surname, date of birth, gender, mobile phone number and email address, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or VAYAWALLET’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by VAYAWALLET in writing, you may only possess one Account.

VAYAWALET may at any time and without cause, cancel or suspend your account and your access to the application in its sole discretion and without any liability if you are in breach of any terms and conditions or if you have not used your account for a period of 4 (four) months and are therefore considered to be an inactive user.

User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. 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.

Promotional Codes
VAYAWALLET may, in VAYAWALLET’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that VAYAWALLET establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

must be used for the intended audience and purpose, and in a lawful manner;
may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by VAYAWALLET;
may be disabled by VAYAWALLET at any time for any reason without liability to VAYAWALLET;
may only be used pursuant to the specific terms that VAYAWALLET establishes for such Promo Code;
are not valid for cash; and
may expire prior to your use. VAYAWALLET reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that VAYAWALLET determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Provided Content
VAYAWALLET may, in VAYAWALLET’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to VAYAWALLET through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to VAYAWALLET, you grant VAYAWALLET perpetual, irrevocable, transferable, 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 now known or hereafter devised (including in connection with the Services and VAYAWALLET’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:

you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant VAYAWALLET the license to the User Content as set forth above; and
neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor VAYAWALLET’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by VAYAWALLET in its sole discretion, whether or not such material may be protected by law. VAYAWALLET may, but shall not be obligated to, review, monitor, or remove User Content, at VAYAWALLET’s sole discretion and at any time and for any reason, without notice to you.

Network Access and 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. VAYAWALLET does 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. ...

4. 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, VAYAWALLET will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s 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 Provider. Charges may include other applicable fees, tolls, and/or surcharges including a trip, national, provincial and municipal tolls, airport surcharges, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by VAYAWALLET. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. VAYAWALLET will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately and payment will be facilitated by VAYAWALLET using the preferred payment method designated in your Account, after which VAYAWALLET will display in Proof of Payment in the application. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that you are liable to pay cash for the services received by you from such Third Party Provider at the time you receive such services.

As between you and VAYAWALLET, VAYAWALLET reserves 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 VAYAWALLET’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. VAYAWALLET will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. VAYAWALLET may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, VAYAWALLET does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by VAYAWALLET to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that VAYAWALLET provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VAYAWALLET 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, VAYAWALLET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VAYAWALLET 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 REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY
VAYAWALLET SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE 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, EVEN IF VAYAWALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VAYAWALLET SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR
ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF VAYAWALLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VAYAWALLET SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VAYAWALLET’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL VAYAWALLET’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION.

VAYAWALLETS SERVICES MAY BE USED BY YOU TO REQUEST TRANSPORTATION WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT VAYAWALLET HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 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 VAYAWALLET 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:

your use of the services or goods obtained through your use of the Services;
your breach or violation of any of these Terms;
VAYAWALLET’s use of your User Content; or
your violation of the rights of any third party, including Third Party Providers.

6. LOST PROPERTY

You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking. Should you leave your property in the vehicle of a Third Party Provider, the Third Party Provider may hand over your property to you.

Whilst you may expect Third Party Providers to hand over your property to you, the offices of VAYAWALLET shall not be held liable in the event of the Third Party Provider not handing over your property as expected.

7. GOVERNING LAW

These Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

Notice
VAYAWALLET may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. You may give notice to VAYAWALLET by written communication to VAYAWALLET’s email address at info@vayawallet.com