These Terms and Conditions ("Terms") govern your access to
and use of the
ride-sharing and courier services provided through the ZamalyftTM mobile application
("App") and website
(collectively, the “Platform”), operated by Crogal Capital (Pty) Ltd
("Company", "we", "us", or "our"). By
using the Platform, you agree to be bound by these Terms.
Importantly, these Terms are applicable to all Users of the Platform.
Definitions
“User” : means any person who downloads, installs, accesses, or uses the App, including both booking customers ("Bookers") and drivers ("Drivers").
“Services" : means the facilitation of transportation of people or the courier of parcel(s) services by connecting Bookers and Riders with independent third-party Drivers via the App.
“Driver” : means an independent contractor who provides ride-sharing and/or courier services using the App.
“Commission” : means the commission amount payable by the Driver to the Company for connecting Drivers with Bookers and/or Riders.
“Fee” : means the amount payable by the Booker or Rider to the Driver for a completed parcel booking, inclusive of base fee, distance, time, and any applicable surcharges, fees, or taxes.
Eligibility
You must be at least 18 years old and legally capable of entering into binding contracts to use the Services. By using the App, you represent and warrant that you meet these requirements.
User Accounts
To access the Services, you must create an account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
Use of Services
The App enables you to request and schedule a ride with Driver and/or
courier parcels with a Driver for a pre-determined Fee.
All Services are subject to availability.
You agree to use the App only for lawful purposes and in accordance with these Terms.
Specific Terms
ZamalyftTM provides an app-based information service for the general public but does not provide transportation services. Transport services are provided by the drivers with whom the Company has a commercial relationship which facilitates for said transportation. Therefore, the Drivers provide an independent service and are not employees of the Company nor are they under any compulsion to provide the Services. Accordingly, it is important to note that every ride or courier service constitutes made through the App constitutes an agreement between the User and the Driver to the exclusion of the Company. The Company plays an intermediary role in said transaction including the provision of essential information to facilitate the Ride or Booking and the provision of receipts and the like.
Driver Relationship
Drivers are independent contractors and not employees or agents of the Company. The Company does not provide transportation services and is not a transportation provider.
Payments
Payment for Services is processed through the App using the selected payment method. Drivers authorize the Company to charge their chosen payment method for Commission. The App does not receive any Fares which are the responsibility and preserve of the Driver. Bookers and Riders shall be liable to the Driver upon the acceptance of the Service on the App to the Driver.
Payments Method
Fees are processed through the App using either the following payment method:
- In-App Card Payments through 3rd Party Payment Gateway
- Mobile Carrier Billing (Premium Rated SMS Billing)
Premium Rate Service Terms and Conditions
Crogal Capital (Pty) Ltd runs a premium-rated SMS line for billing of the commission fee processed through the App. The commission fee is payable by the driver for each trip they accept a ride or parcel from a booker. To use the service, send an SMS with the keyword 'ZAMALYFT' to 39051. SMSs are charged at R15.00 per SMS, and free SMSs do not apply. For queries and problems relating to the SMS line, call +27 (010) 825 5563 or email us at info@zamalyft.com
Cancellation and Refund No-Show Fees
Cancellation by either the Driver or Booker does not constitute a refund of the Commission.
Requesting and cancellation of Services
If you request a Service and it is accepted the Service is considered
complete for purposes of the App and therefore Commission becomes payable.
Cancelling a Service is where a Driver has accepted the reservation of a Service but it is subsequently
cancelled by rejected by the User. In this instance the User is liable for the Fee
Similarly, when the User does not show up at the pick-up point at the time set on the App the Services
will be deemed cancelled.
Conduct
Users must behave respectfully and safely. Prohibited conduct includes, but is not limited to:
Harassment, abuse, or discrimination
Booking for transportation illegal substances, weapons and/or dangerous substances.
License
The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial use in accordance with these Terms.
Termination
The Company may suspend or terminate your account at any time without notice if you violate these Terms or engage in behaviour, we deem harmful, illegal, or abusive.
Disclaimers
The Services are provided "as is" and "as available".
The Company makes no warranties regarding the reliability, availability, or quality of the Services or the
Drivers.
The Company does not guarantee that the App will always be free from errors or interruptions.
Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or related to your use of the Services.
Indemnification
You agree to indemnify and hold harmless the Company, its directors, employees, and affiliates from any claims, losses, liabilities, damages, and expenses arising from your use of the App or breach of these Terms.
Privacy Policy
Use of the App is also governed by our Privacy Policy, which can be found at https://www.zamalyft.com/privacy.html.
Changes to Terms
The Company reserves the right to update these Terms at any time. Changes will be effective upon posting. Continued use of the App after changes are posted constitutes your acceptance of the revised Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be resolved in the courts of the Republic.
Contact Information
If you have any questions about these Terms, please contact us at:
Crogal Capital (Pty) Ltd
131 – 7th Avenue
Edenvale,1610
South Africa
Tel: +27(010) 825 5563
Email: info@zamalyft.com
