KAE APP CUSTOMER TERMS OF SERVICE

LAST UPDATED: September 3rd, 2018

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

INTERPRETATIONS

1. INTRODUCTION

These regulations are applicable to the CUSTOMER as provided by KAE. KAE and its SERVICES are aimed at making organising transportation for groups of people an enjoyable and easy experience. To make this possible, regulations and procedures need to be set and followed by all parties involved. This document outlines these TERMS and regulations in procedures when using the SERVICES. It is therefore the right and responsibility of the CUSTOMER, KAE and THIRD-PARTY PROVIDER to abide by these TERMS of service and regulations outlined in this document.

However, if there are any contraventions to these TERMS of service and regulations, it is in the right of KAE to use this document as proof of agreement between the CUSTOMER, KAE and THIRD-PARTY PROVIDERS and to hold the perpetrator accountable for any contraventions committed. In the same clause, it is in the right of the CUSTOMERS AND THIRD-PARTY PROVIDERS to use this document as an official agreement in the case KAE is held accountable.

2. THE USE OF THE SERVICES

2.1 User Account

You must be 18 years of age or older, to obtain a user ACCOUNT with KAE app. In order to keep an active ACCOUNT, you must be a registered and an active service user of KAE app. To register a user account, KAE app requires that you submit your personal information, i.e. name, mobile number and/or email. It is therefore the responsibility of the account holder to provide accurate, up-to-date information, as failure to do so may result in the inability to use the SERVICES. It is also your responsibility to maintain the security of your ACCOUNT details, including the password and username at all times. Thus, you are held responsible for all the activity that occurs under your ACCOUNT. In certain instances, you may be asked to provide proof of identity for access to use the SERVICES, and you agree that you may be denied access if you refuse to provide the necessary documentation.

2.2 User Conduct

You may not authorize third parties to use your ACCOUNT. Persons under the age of 18 may not be permitted to use the SERVICES provided unless you accompany them. With use of these SERVICES, you agree to comply with all the applicable laws of the Republic of South Africa, and you will not use these SERVICES for unlawful purposes. You agree to not behave in any manner that may lead to property damage, or harm to the THIRD-PARTY PROVIDER. Misconduct when using the SERVICES may result in a review of your ACCOUNT and this may lead to your access to the SERVICES being revoked.

2.3 Communication

By creating an ACCOUNT with KAE App, you agree that your information may be used by KAE, and/or THIRD-PARTY PROVIDERS (with permission from KAE) to send you an SMS or call when using the SERVICES.

2.4 Loss of Property

KAE will not be held accountable for any loss of your property while using the SERVICES. You agree that it is your sole responsibility to ensure that you remove all your property when you step out of the vehicle of a THIRD-PARTY PROVIDER. If you happen to leave any of your property in a THIRD-PARTY PROVIDER’s vehicle, KAE will do everything within its reasonable capacity to ensure that your property is returned.

PAYMENT

You understand that there are charges for the use of any of the SERVICES. Before using the SERVICES, KAE will facilitate payment for applicable charges for the SERVICES on behalf of the THIRD-PARTY PROVIDER. It is your responsibility to ensure that you make payment for the trip in the designated time through the various payment methods provided by KAE.

3.1 Payment methods and regulations

KAE does not allow rides to be made on credit. This means no ride order can be completed without the full payment been made upfront. Here follows a step by step procedure on making a payment.

  1. Every ride order is provided with an order number when the order has been submitted, keep the number as a reference number when making a payment.
  2. The payment can be made electronically through the in-app payment option facilitated by a third-party payment gateway. Alternatively, the CUSTOMER can make a cash deposit at the nearest ATM or banking branch.
  3. It is the responsibility of the CUSTOMER to make sure the payment is made within the designated time.
  4. KAE will not be held accountable for any losses incurred by the CUSTOMER in case of theft/robbery while making payment.
  5. There will be no cash accepted in hand by the DRIVER.

3.2 Cancellations

  1. KAE reserves the right to cancel rides 24 hours before the trip pick-up time.
  2. The cancellation made by KAE are due to and not restricted to the following reasons:
    1. The CUSTOMER’s payment is not received 24 hours before the trip pick-up time.
    2. The CUSTOMER is not reachable when contacted; therefore, it is the sole responsibility of the CUSTOMER to provide the correct contact details.
    3. The order number is not attached to the payment as a reference; therefore, it is the sole responsibility of the CUSTOMER to attach the correct reference number.
  3. It is the right of the CUSTOMER to cancel a ride 24 hours before the trip pick-up time.
  4. If the CUSTOMER makes a ride cancellation less than 24 hours before the trip pick-up time, they are eligible for cancellation charges. These charges are billed as follows:
    1. The cancellation fee of R50 will be charged to the CUSTOMER’s account.
    2. If the payment for the trip has been made already, the cancellation charge will automatically be deducted before the refund is made.
    3. If there was no payment made for the trip, the CUSTOMER may be blocked from using the SERVICES until the cancellation fee has been cleared.
  5. It is the sole responsibility of the CUSTOMER to collect their refund for the cancellation.

3.3 Damage Fees

If there are any damages that do not fall into the scope of normal “wear-and-tear” to the THIRD-PARTY PROVIDER’s vehicle resulting from the use of the SERVICES under your ACCOUNT, you shall be held responsible for costs of repairs for these damages, or any necessary cleaning of the THIRD-PARTY PROVIDER’s vehicle. KAE will facilitate payment for the damage fees on behalf of the THIRD-PARTY PROVIDER through your preferred payment method.

LIMITATIONS OF LIABILITY

IN ANY EVENT OF THEFT, ACCIDENTS RESULTING FROM DRIVER NEGLIGENCE OR HAZARD-CAUSED ACCIDENTS THAT RESULTS IN THE LOSS OF PERSONAL BELONGINGS, DISABILITIES, DEATH OR ANY DISADVANTAGEOUS HARM, KAE WILL NOT BE HELD RESPONSIBLE FOR REPAIRS, DISABILITY CLAIMS, REPLACEMENT OF DAMAGED AND LOST BELONGINGS AND REPAIRS ON DAMAGED VEHICLES. THE SERVICES PROVIDED BY KAE MAY BE USED BY YOU TO ORGANIZE TRANSPORTATION SERVICES WITH THIRD-PARTY PROVIDERS. YOU AGREE THAT KAE SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU RELATED TO ANY ORDERED TRANSPORTATION.

BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO INDEMNIFY AND HOLD KAE APP (INCLUDING ALL THOSE IN OFFICE) HARMLESS FROM ANY CLAIMS, LIABILITIES, EXPENSES AND/OR LOSSES (INCLUDING ANY FEES) ARISING FROM YOUR USE OF THE SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR THE RIGHTS OF ANY THIRD PARTY (INCLUDING THIRD-PARTY PROVIDER).

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