Zula Afrika (Pty) Ltd (hereinafter referred to as “Zula”) has developed a carpooling platform accessible in the form of a mobile application, and designed to put drivers in contact with passengers going in the same direction, in order to enable them to share a ride and therefore the associated costs (hereinafterreferred to as the “Platform”).
By clicking “Login with Facebook” or “Register with an email address”, you recognise having read and accepted all these general conditions of use.
“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;
“Cost Contribution” means, for a given ride, the sum of money requested by the Driver and accepted by the Passenger for his contribution to the travel costs;
“Driver” means the Member using the Platform, to offer transport to another individual in exchange for the Cost Contribution for a ride,
“Member” means any individual having created an Account on the Platform;
“Passenger” means the Member having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a Member has booked a seat;
“Services” means all services delivered by Zula via the Platform;
“Website” means the website accessible at the address www.zulaafrika.com;
3. Creation of an Account
3.1 Creation of an Account
3.1.1 The Platform enables Members to interact with each other to catch a ride. To create your Account, you can:
(i) either complete all mandatory fields on the registration form;
3.1.2 When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying Zula, in order to guarantee its relevance and accuracy throughout your contractual relations with Zula.
3.1.3 In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. You alone are responsible for the use of your Account by third parties, unless you have expressly notified Zula of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
3.1.4 You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.
Zula may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an identity document.
Zula cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
4. Use of Services
4.1 Notifying passengers
As Member, and provided you fulfil the conditions below, you can create notifications on the Platform by entering information about the trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, etc.).
You are only authorised to offer rides if you fulfill all the following conditions:
(i) you hold a valid driving license;
(ii) you only offer rides for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of carpooling;
(iii) you are and remain the main driver of the vehicle subject of the notification;
(iv) the vehicle has valid third party insurance;
(v) you have no contraindication or medical incapacity for driving;
(vi) the vehicle you intend to use for the ride is a touring car with 4 wheels and a maximum of 7 seats;
(vii) you do not intend posting another notification for the same trip on the Platform;
(viii) you do not offer more seats than the number available in your vehicle;
(ix) all seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
(x) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date license disk.
You recognise that you are solely responsible for the content that you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your notification, and you undertake to fulfill the ride under the conditions described in your notification.
4.2 Requesting and cancelling transport services
4.2.1 If you request a transport service and the driver has agreed to undertake the work then the transport service is considered to be requested.
4.2.2 Once a driver confirms that he/she will complete your ride, 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. Zula and partners do not provide rides and is not a party to your agreement with the relevant driver.
4.2.3 Cancelling the use of a requested 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.
4.2.4 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (eg: 6 month). After that period you could ask to reactivate your account and your application will be reviewed by Zula and partners.
4.2.5 When a driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was requested do not arrive at the vehicle within a certain time period as specified in the Zula app, the request will be deemed cancelled. Sometimes the driver may decide to cancel your request, please note that Zula and partners are not responsible for such situations.
4.2.6 Once the driver arrives and sends you a notification that he/she has arrived the Zula app may begin charging fare on a waiting time basis according to the rates specified in the Zula app.
4.2.7 If you have requested transport services using the Zula app and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of R1000.00 and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, Zula and partners may pursue the claims on behalf of the provider of the transport service.
4.3 Review system
Zula encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a ride or with whom you were supposed to share a ride. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposed to travel.
Your review, and the review left by another Member about you, if any, are only visible and published on the Platform after the shorter of the following periods: (i) immediately after you have both left a review, or (ii) after a period of 7 days following the first review.
You have the option of responding to a review that another Member has left on your profile in a 7 day delay following the date of the review received. The review and your response, where applicable, will be published on your profile.
You recognise and accept that Zula reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these Terms & Condition’s.
Zula reserves the right to suspend your Account, limit your access to the Services, or terminate these terms & conditions in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.
5.1 Zula in-App payment
5.1.1 You can pay for the transport services with a debit or credit card, and other payment methods (eg: Paypal), which require prior activation in the Zula app. By providing Zula in-App Payment service, Zula and partners act as commercial agents for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to Zula and partners bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
5.2.2 When making payments by Zula in-App payment, Zula and partners receive your payments and forward money to the driver. Zula and partners may ask additional data from you to verifypayment method.
5.2.3 When making payments by Zula in-App payment for transport services, Zula and partners are not responsible for possible third-party payment costs (bank fees etc). These service providers may charge you additional fees when processing payments in connection with the Zula in-App payment. Zula and partners are 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.
5.2.4 Zula and partners will be responsible for the functioning of Zula in-App payment and provide support in resolving problems. The resolution of disputes related to Zula in-App payment also takes place through us. For payment support service please contact: email@example.com. Inquiries submitted by e-mail or Zula App will receive a response within one business day. Zula and partners will resolve Zula in-App Payment related complaints and applications within three business days.
5.2 Promotional Codes
5.2.1 Zula, may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a third party’s service and are subject to any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.
5.2.2 If your ride amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your accounts payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot carry over to a next ride and therefore will be forfeited. Only one promotional code may be applied per ride.
5.2.3 Zula reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if Zula deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
You recognise and accept that Zula may, at its full discretion, round up or down the Service Fees and the Cost Contribution.
6. Behaviour of users of the Platform and Members
6.1 Undertakings of the Drivers
Furthermore, when you use the Platform as Driver, you undertake:
(i) to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the ride and to be in possession of a valid driving licence;
(ii) to check that your insurance covers carpooling and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole ride;
(iii) not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
(iv) to post offer rides corresponding only to rides actually planned;
(vi) not to take more Passengers than the number of seats indicated in the notification;
(vii) to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date license disk
(viii) to communicate to Zula or any Passenger who so requests your driving license, your car registration number, your insurance certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
(ix) in the case of holdup or change to the time or the ride, to inform your Passengers without delay;
(xi) to wait for Passengers at the agreed meeting place for at least 5 minutes after the agreed time;
(xiii) to ensure you can be contacted by your Passengers by phone on the number registered on your profile;
(xiv) not to generate any profit via the Platform;
(xv) not to have any contraindication or medical incapacity for driving;
(xvi) to behave appropriately and responsibly during the ride, and in compliance with the spirit of carpooling;
(xvii) not to decline any ride request based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion, age.
6.2 Undertakings of the Passengers
When you use the Platform as Passenger, you undertake:
(i) to adopt appropriate behaviour during the ride so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
(ii) to respect the Driver’s vehicle and its cleanliness;
(iii) in the case of holdup, to inform the Driver without delay;
(v) to wait for the Driver at the meeting place for at least 5 minutes beyond the agreed time;
(vi) to communicate to Zula, or any Driver who so asks, your identity card or any document evidencing your identity;
(vii) not to carry during a ride any item, goods, substance or animal that could hinder the driving and concentration of the Driver, or the nature, possession or carriage of which is contrary to the legal provisions in force;
(ix) to ensure you can be contacted by the Driver by phone on the number registered on your profile, including at the meeting point.
7.1 As the Zula app is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of Zula app for requesting transport services depends on the behavior of the drivers, Zula and partners do not guarantee that you will always have offers available for the provision of the transport services.
7.2 The Zula app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The Zula app is used as the means for organising the provision of transport services.
7.3 The consumer’s right of refund is not applied to Zula app requests. 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 requested.
7.4 The Zula app is provided on an “as is” and “as available” basis. Zula and partners do not represent, warrant or guarantee that access to Zula 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.
7.5 Zula and partners, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using Zula app or relying on, the ride contracted for through the Zula app, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage.
7.6 The financial liability of Zula or Zula’s partners in connection with breach of the contract will be limited to R 10 000. You will have the right to claim for damages only if Zula or Zula’s partners have deliberately violated the contract. Zula and partners will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
7.7 You agree to fully indemnify and hold Zula and Zula group companies and partners, 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 Zula app (including the ride you obtain through your use of the Zula app).
7.8 Zula and partners may immediately end your use of the Zula app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Zula and partners or the safety of drivers or passengers.
8. Good practice using the Zula app
8.1 As Zula and partners are 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.
8.2 We ask to fill out a feedback form in the Zula app. This enables us to offer suggestions to the drivers for improving the quality of their service.
8.3 We expect that you use the Zula app in good faith and be respectful of the drivers who offer their services through the Zula app or the passengers who request services through the Zula app. Zula and partners retain 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 or passengers, etc. In these cases, your Zula app account may be revoked without prior notice.
8.4 Zula and partners will make every effort to ensure that only drivers or passengers, who have integrity and are respectful, use the Zula app. However, we are in no position to guarantee that every provider or requester of transport services, located by the Zula app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify our customer support.
8.5 It is strictly prohibited to profit in any way from using our Platform
9. License to use Zula app
10. Amendments to the general terms and conditions
If any substantial amendments are made to the general terms and conditions, then you will be notified by e-mail or Zula app notifications. If you continue using Zula app, you will be deemed to accept the amendments.
11. Final Provisions
The general terms and conditions will be governed by, and construed and enforced in accordance with the laws of Republic 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 the Republic of South Africa. If any provision of the general terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
Date of entry into force of the general terms and conditions: 01.01.2019