Terms and Conditions
FOR RIDERS
Drivers provide transport services on an independent basis (either in person or via a company, vehicle owner) as economic and professional service providers. Eduride is not responsible in any way for the fulfilment of the contract entered into between the passenger (you) and the driver. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers.
Data regarding the drivers and their transport service is available in the Eduride app and receipts for journeys may be sent to the email address listed in passenger’s profile. The passenger (you) enters into a contract with the driver for the provision of transport services via the Eduride app.
PROMOS
1. Eduride reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Eduride deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
PAYMENT
2. When making payments by Eduride in-App Payment, Eduride receives your payments and forwards money to the driver. Eduride may ask additional data from you to verify payment method. You may pay for the transport services with a CARD, BANK EFT & CASH.
The card option utilizes a credit system (EDUCREDIT) to collect payments, i.e. You may buy credits with a bank card which will be used to request a ride. Note that credits are non-refundable but can be used to request future rides.
Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to Eduride's’ bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
When making payments by Eduride in-App Payment for transport services, Eduride is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Eduride in-App Payment.
Eduride is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
ORDERING AND CANCELING TRANSPORT SERVICES
3. If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered. Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver.
Eduride does not provide journeys and is not a party to your agreement with the relevant driver.
Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are required to pay a cancellation fee.
Sometimes driver may decide to cancel your request, please note that Eduride is not responsible for such situations. Once the driver arrives and sends you a notification that he/she has arrived the Eduride app may begin charging fare on a waiting time basis according to the rates specified in the Eduride app
The consumer’s right of refund is not applied to Eduride app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
LIABILITY & FAIR USE of EDURIDE
4. Eduride app Is provided on an “as is” and “as available” basis. Eduride does not represent, warrant or guarantee that access to Eduride app will be uninterrupted or error free. In case of any faults in the software, we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
You agree to fully indemnify and hold Eduride, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the Eduride app (including the journeys you obtain through your use of the Eduride app).
We expect that you use Eduride app in good faith and be respectful of the drivers who offer their services through Eduride app. Eduride retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc.
In these cases, your Eduride app account may be revoked without prior notice. Eduride may immediately end your use of the Eduride app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Eduride or the safety of drivers.
As Eduride is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
Eduride will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the Eduride app. However, we are in no position to guarantee that every provider of transport services, located by the Eduride app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
5. If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Eduride app notifications. If you continue using Eduride app, you will be deemed to accept the amendments.
FINAL PROVISIONS
6. The General Terms and Conditions will be governed by and construed and enforced in accordance with the Constitution of South Africa. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in accordance to the constitution of South Africa.
FOR DRIVERS
1. Prior to using the Eduride Services, you must sign up by providing the requested information in the signup application on website and uploading necessary documentation as required by us. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the „Sign up" button located at the end of the signup application, you represent and warrant that;
pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Eduride Platform for providing the Transportation Service
you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement
all the information you have presented to us is accurate, correct and complete
You will keep Eduride Driver Account accurate and profile information updated at all times you will not authorize other persons to use your Eduride Driver Account nor transfer or assign it to any other person;
you will not use the Eduride Services for unauthorized or unlawful purposes and impair the proper operation of the Eduride Services.
At all times, you fully comply with all laws and regulations applicable in the state you are providing Transportation Services in, including (but not limited to) laws regulating passenger transportation services.
You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You may not act as an employee but rather as an independent contractor.
You are obliged to provide your bank requisites in course of filling the payment details upon registration. We are transferring In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong bank requisites.
After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use Eduride Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Eduride Services.
RIGHT TO USE EDURIDE APP AND EDURIDE DRIVER ACCOUNT
2. License to use the Eduride App and the Eduride Driver Account. Subject to your compliance with the Agreement, We hereby grant you have a license to use the Eduride App and the Eduride Driver Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. In course of using the Eduride App and/or Eduride Driver Account you may not:
decompile, reverse engineer, or otherwise attempt to obtain the source code of the Eduride App, the Eduride Driver Account or other software of Eduride
Modify the Eduride App or the Eduride Driver Account in any manner or form or to use modified versions of the Eduride App or Eduride Driver Account
Transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on Eduride Platform;
Attempt to gain unauthorized access to the Eduride App, Eduride Driver Account or any other Eduride Services.
The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Eduride App and the Eduride Driver Account and we are entitled to block and delete Driver account without a prior notice.
PROVIDING THE TRANSPORTATION SERVICES
3. The Driver’s Obligations. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable where you are providing Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services.
You must have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. Eduride reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Passenger’s request in the best interest of the Passenger.
May not make any unauthorised stops; (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iv) must adhere to any applicable traffic acts and regulations, i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving.
You retain the sole right to determine when you are providing the Transportation Services. You shall accept, decline or ignore Transportation Services requests made by Passengers at your own choosing.
COSTS INCURRED WHILE PROVIDING THE TRANSPORTATION SERVICES.
4. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Eduride App may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
Passenger may have the option to pay the fare for the Transportation Services either directly to you or via the In-app Payment as described in section 6 of these General Terms. In case the Passenger pays the Fare directly, it is your obligation to collect the Fare. In case the Passenger fails or refuses to pay, Eduride will send a notice of debt to the Passenger on behalf of you. Such authorization derives from the mandate of paying agent given to Eduride and does not entail that Eduride has an obligation to compensate the Fare not paid by the Passenger.
If the passengers in the vehicle do not agree to pay the Fare for the provision of Transportation Service, the Fare will be paid by the Passenger who has ordered the provision of Transportation Service. If Passenger justifiably refuses to pay the Fare on the account that your information stated in the Eduride App is incorrect, then Eduride will not reimburse you for such expenses.
Eduride shall create and forward a receipt to the Passenger consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date-, the time-, the start and end locations-, the duration and length-, the Fare and the Fare and Tip paid for the provision of the Transportation Services. The receipt of each provision of Transportation Services is available to you via the Eduride Driver Account.
TAX OBLIGATIONS.
5. You hereby acknowledges that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (i) paying income tax or any other tax applicable;
In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts.
You hereby agree to compensate Eduride all state fees, claims, payments, fines or other tax obligations that Eduride will incur in connection with the obligations arising from applicable tax regulations not having been met by you.
IN-APP PAYMENTS
6. We may enable Passengers to pay for the Transportation Service via card, bank EFT & cash directly in the Eduride app. You hereby authorize us as your commercial agent to receive the Fares or other fees paid by the Passenger via In-app Payment and to forward relevant funds to you. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.
You may not refuse payment by the Passenger via the In-app Payment, or influence the Passenger against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of R150 for every refusal and/or block your right to use Eduride Services in case of repetitive behaviour.
We are not obliged to pay you the Fare due from the Passenger if the In-app Payment failed because Passenger’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Fare due from the Passenger and shall transmit it to you once the Passenger has made the requested payment.
Before providing Transportation Services, you must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger’s account. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we shall reimburse the person for the Fare. In such case you are not entitled to receive the Fare from us.
If we are not able to pay the Fees or Tip to you due to you not including your bank account details in your Driver´s account or if the bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare or Tip not transferred to you shall expire.
In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Passengers at Eduride App
If, after a pertinent notification from us, you do not increase your average rating to minimum level within the prescribed time period, your Driver´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
If we have reasonable cause to suspect any fraudulent activity by you, we may withhold your Fare until the suspicion of fraud has been cleared.
Campaigns for Passengers. We may also occasionally arrange various campaigns to Passengers in order to promote the Eduride Platform. If the Fare paid by the Passengers is reduced as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Passengers.
LIABILITY
7. We shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co-passengers.
You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations.
If Passenger presents any claims against us in connection with your provision of Transportation Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us.
In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
TERMINATION and SUSPENSION
8. Eduride may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
Eduride is entitled to immediately terminate the Agreement and block your access to the Eduride Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Eduride, or cause harm to Eduride’s brand, reputation or business as determined by Eduride in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Driver account.
We may also immediately suspend (block) your access to the Eduride Platform and to the Eduride Driver Eduride Driver Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
Eduride reserves the right to amend these General Terms anytime by uploading the revised version on its website (http://Eduride.co.za) and notifying you via e-mail or on the Eduride app whenever, in the reasonable opinion of Eduride, such amendments are material.
If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Eduride Services and providing termination notice to Eduride. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the Eduride Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.
FINAL PROVISIONS
9. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the Constitution of South Africa.
WEBSITE TERMS AND CONDITIONS
These terms and conditions outline the rules and regulations for the use of EDURIDE's Website, located at https://edu-ride.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Eduride if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Eduride, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, EDURIDE and/or its licensors own the intellectual property rights for all material on Eduride. All intellectual property rights are reserved. You may access this from Eduride for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from Eduride
Sell, rent, or sub-license material from Eduride
Reproduce, duplicate or copy material from Eduride
Redistribute content from Eduride
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. EDURIDE does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of EDURIDE, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, EDURIDE shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
EDURIDE reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant EDURIDE a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of EDURIDE; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to EDURIDE. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of EDURIDE's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.