BOZA RIDE (PTY) LTD TERMS AND CONDITIONS

These terms and conditions (“T&Cs”) describe the terms on which customers (“You” or “Your” or “Yourself” or “User”) access and use the BOZA RIDE (PTY) LTD (“BOZA”) Application on the Platform (defined hereinbelow) owned and operated by BOZA.

You acknowledge that BOZA is providing you with a revocable, limited, non-exclusive and non-transferable right to use the limited features of the Application, and that BOZA is neither selling (in part or whole) the Application nor its features or technologies.

PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE T&Cs BEFORE YOU USE THE APPLICATION AND THE FEATURES CONTAINED THEREIN. BY CONTINUING USAGE OF THE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY THESE T&CS. THESE T&Cs SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND BOZA IN RESPECT OF THE SERVICES AND FEATURES OFFERED/AVAILED ON THE APPLICATION.

1. DEFINITIONS AND INTERPRETATION

1.1. The definitions and rules of interpretation in this Clause apply in these T&Cs.

1.1.1. “Admin” means the primary Admin, or in his/her absence or in case of any escalations only, the secondary Admin, who shall be persons, appointed by You to administer and manage the Dashboard (defined hereinbelow) and its contents including but not limited to the Authorized Users. The details of the Admin shall be provided by You on the Registration Page of the Application and the Dashboard.

1.1.2. “Affiliate” of either Party means a person or entity, directly or indirectly, controlling, controlled by, or under common control with such Party.

1.1.3. “Agreement” shall mean the facilitation services agreement, if any, entered into by and between BOZA and You.

1.1.4. “Applicable Law” shall mean the laws of the Republic of South Africa as amended from time to time, to the extent it applies to a Party (including, as applicable, affiliates and sub-contractors of a Party), whether in effect as of the date of accepting these T&Cs or at any time thereafter.

1.1.5. “Application” shall mean the functionality BOZA has made available on the Platform, enabling the offer of Services by BOZA to You and the Authorized Users.

1.1.6. “Authorized User Groups” means such Authorized Users as may be grouped together by the Admin for the purposes of utilization of the Services by the Authorized Users of such Authorized User Groups.

1.1.7. “Authorized User Groups Service Range” shall mean the range of services/options on the Dashboard for the use of the Authorized Users of the Authorized User Groups, which shall be determined by You and set by the Admin on the Dashboard.

1.1.8. “Authorized Users” shall mean Your employees, agents, independent contractors who are authorized by You, to use the Services. The details of the Authorized Users shall be provided by You on the Dashboard.

1.1.9. “Authorized Users Service Range” shall mean the range of services/options on the Dashboard as may be offered for the use of the Authorized Users, which shall be determined by You and set by the Admin on the Dashboard.

1.1.10. “Confidential Information” shall mean any data or information, oral or written, treated as confidential by a Party and relates to the Party’s past, present, or future research, development or business activities, including any unannounced products, services and software, including any information relating to services development, inventions, source and object codes, processes, plans, financial information, BOZA lists, Your and Authorized User related data and information, forecasts, and projections, exchanged during the Term (defined hereinafter) of the Agreement, and such other information which ought to be regarded as Confidential Information given the nature of the information or the circumstances under which the information is disclosed.

1.1.11. “Customer Data” shall mean the data provided by You and the Authorized Users for the purpose of using the Services and/or the data generated and recorded by BOZA pursuant to Your and the Authorized User use of the Services.

1.1.12. “Dashboard” shall mean the electronic interface made accessible to You to administer and manage the utilization of the Services by You and the Authorized Users. The Dashboard shall be managed by the Admin.

1.1.13. “Maintenance Window” shall mean those intervals of time as may be intimated to You wherein routine checks and other procedures may be carried out by BOZA during which time the Services may not be available or may not be delivered at expected levels and during which time BOZA shall not be liable for complaints raised by You and/or the Authorized Users;

1.1.14. “Notice” shall have the meaning set forth in Clause 13.6, for purposes of use in Clause 13 only;

1.1.15. “Party” means BOZA or You individually and ‘Parties’ shall be means Boza and You jointly, as the context may require.

1.1.16. “Person” shall mean any natural person, firm, corporation, company, voluntary association, partnership, joint venture, trust, incorporated organization, unincorporated organization or any other entity.

1.1.17. “Platform” shall mean the technology platform “Boza Ride”, available on the www.bozaride.com Dashboard, Application and any other media and the entire back-end software designed, developed and controlled by BOZA and used by You/Authorized Users for availing the Services.

1.1.18. “POPI” means Protection Of Personal Information Act, 2013 (as amended).

1.1.19. “Registration Page” shall mean the start-up page accessible on the Dashboard wherein the Admin, on Your behalf shows Your interest and intent to register for access and use of the Platform where You shall feed all necessary data, as requested by BOZA on the Registration Page.

1.1.20. “Services” shall mean the facilitation services provided by BOZA to You as provided in Clause 3.

1.1.21. “Services” shall mean the facilitation services provided by BOZA to You as provided in Clause 3.

1.1.22. “Terms of Use” shall mean the terms and conditions and privacy policy as provided by BOZA and made available on the Platform for use of the Platform and the Application, as amended from time to time.

1.1.23. “Transport Service Providers” shall mean such persons, including but not limited to taxi operators, registering on the Platform to list their vehicles for providing transportation service.

1.1.24. “Virus” shall mean any specific thing or device (including any software, code, file or program) which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data, in whole or part or otherwise); or adversely affect the user experience, including worms, Trojan horses, viruses and other similar things or devices.

1.2. In the interpretation of these T&Cs, unless the context otherwise requires:

1.2.1. The singular of a word shall include the plural and vice versa, and in particular (but without limiting the generality of the foregoing), any word or expression defined in the singular has the corresponding meaning when used in the plural;

1.2.2. The words in the masculine gender shall include the feminine and neuter and vice versa;

1.2.3. Any references to a clause, sub-clause, paragraph, sub-paragraph shall only be a reference to a clause, sub-clause, paragraph, sub-paragraph as contained in these T&Cs;

1.2.4. The phrase “directly” or “indirectly” shall mean and include any act of either Party on behalf of or through the use of any other Person, including without limitation any employee, agent, independent contractor or Affiliate of a Party;

1.2.5. All section/ clause headings used in these T&Cs are for reference and convenience only and shall not in any way be conclusive on matters of interpretation of the body of the T&Cs;

1.2.6. Unless expressly stated otherwise, the word “including” shall mean including but not limited to and whenever a Party is consent is required in terms of these T&Cs, such Party may grant or withhold its consent or approval at its sole and absolute discretion;

1.2.7. A particular number of business days is provided for between the happening of one event and another, the number of days must be calculated by excluding the day on which the first such event occurs and including the day on or by which the second event is to occur, excluding a Saturday, Sunday or any public holiday in South Africa;

1.2.8. References, if any, made to any statute shall be construed as including all statutory provisions consolidating, amending or replacing such statute;

1.2.9. The terms “hereof”, “hereby”, “hereto”, “hereunder” and similar terms shall refer to these T&Cs as a whole; and

1.2.10. The rule of construction that a contract shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply.

2. ENGAGEMENT OF BOZA

2.1. You hereby appoint BOZA to provide Services to You, and BOZA accepts the said appointment and agrees to render the Services to You during the Term of these T&Cs and in accordance with the terms and conditions set forth herein.

3. SERVICES

3.1. BOZA shall provide the Services to You and the Authorized Users in the following manner:

3.1.1. On receipt of the details of the Authorized Users from You, BOZA shall grant to You and the Authorized Users a limited, non-exclusive, non-transferable right to use the Application within the Platform and the Dashboard for their non-commercial use, in compliance with the terms of this Agreement; and

3.1.2. BOZA shall create a Dashboard and provide access to the Dashboard to an Admin appointed by You for the purposes of administering and managing inter alia the Customer Usage Limit, the Authorized Users, the Authorized Users Usage Limit, the Authorized Users Service Range, the Authorized User Groups, the Authorized User Groups Usage Limit, the Authorized User Groups Service Range and matters connected therewith.

3.2. You acknowledge that by virtue of providing the mobile numbers of the Authorized Users, you have obtained the consent of the Authorized Users to be on-boarded with BOZA for the use of the Services.

3.3. BOZA will enable You and Your Authorized Users to connect with the Transport Service Providers who are offering their transportation services on the Platform using the Application.

3.4. The access to the Dashboard/Application will enable easier payment and settlement mechanisms between You (on behalf of Your Authorized Users), BOZA and the Transport Service Providers.

3.5. You have the option to request BOZA to send You information regarding services provided by BOZA, at no additional cost. If You require BOZA to provide You information regarding its services, click “Yes” on the option to request for information on the Application. If You click “Yes”, BOZA shall provide the above information to You by way of an SMS or email to Your registered mobile number/registered email address. To discontinue receiving such information, You may, at any point of time, email BOZA at unsubscribe@bozaride.com requesting that the provision of such information be discontinued. Such discontinuation shall take effect within 7 (seven) days from receipt of a request from You.

3.6. BOZA may from time to time, introduce new features/functionalities in the Dashboard/Application and reserves the right to charge You a fee with respect to the use of such features/functionalities.

4. THIRD PARTY PROVIDERS

4.1. Transport Service Providers interested in offering transportation services have been on-boarded to BOZA’s Platform.

4.2. You acknowledge that the Services provided by BOZA only enable or assist You and the Authorized Users to connect with the Transport Service Providers offering their transportation services on the Platform, and this is done at Your and Authorized Users’ own risk. For clarity, the Parties understand that the Transport Service Providers are third parties and the relationship between them and BOZA is on a principal-to-principal basis.

5. SERVICE COVENANTS

5.1. BOZA shall use commercially reasonable efforts to provide the Services.

5.2. The manner and means by which BOZA chooses to complete the Services under these T&Cs is in BOZA’s sole discretion. BOZA shall at any time, modify the Services or any components or features thereof without prior notice to You. BOZA shall however take commercially reasonable measures to intimate You of any such changes or ensure the availability of such modification details on the Platform, where possible; and the continued use of the Platform/Services by You shall constitute an acceptance of such modified terms. BOZA shall, to the extent possible, use commercially reasonable endeavors to make the Services available 24 (twenty four) hours a day, 7 (seven) days a week, except for: (i) any planned maintenance of the Platform or other components of the Service carried out during the Maintenance Window, or (ii) an unscheduled maintenance where BOZA shall take reasonable endeavors to give You at least 2 (two) hours’ notice in advance.

5.3. Notwithstanding anything contained anywhere else in these T&Cs, BOZA:

5.3.1. Does not warrant that Your use of the Platform or Services will be uninterrupted or error-free;

5.3.2. Does not warrant that the information on the Platform or the Dashboard is complete, true, accurate or non-misleading;

5.3.3. Does not warrant the Platform or the Services made available to You; the servers; or electronic communication sent from BOZA are free of Viruses or other harmful components;

5.3.4. Is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data, including Customer Data, over communications networks and facilities, including telecommunication links and the internet, and You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of the Service;

5.3.5. Does not warrant the uninterrupted and perpetual availability of the Transport Service Providers on the Platform; and

5.3.6. Is not responsible for any delays, delivery failures, breach of Applicable Laws, or any other loss or damage resulting from the services offered by the Transport Service Providers.

5.4. The Parties hereby acknowledge and agree that BOZA may from time to time under these T&Cs, communicate with You via the registered electronic mail or telephone or other such modes of communication regarding the Services and issues related thereto.

5.5. BOZA may engage subcontractors to assist with the performance of the Services.

5.6. The Services shall be rendered by BOZA on a non-exclusive basis and nothing in these T&Cs shall prohibit BOZA from rendering the same or similar services to other Persons, including Your competitors.

5.7. BOZA may, at its sole discretion, modify the Services in order to comply with the Applicable Law. In this regard, BOZA may notify You within 48 (forty eight) hours of notice of the Applicable Law requiring such modification where possible, after which You shall extend full co-operation to BOZA in ensuring that the scope of Services is suitably modified to meet the requirements of the Applicable Law.

6. TERMS OF USE

6.1. You and Your Authorized Users’ use of the Application are subject to the terms and conditions of these T&Cs.

6.2. In addition to these T&Cs, You and Your Authorized Users’ use of the Platform will be subject to the Applicable Laws and the Terms of Use of the Platform available at www.bozaride.com/termsofuse. The use of other functionalities within the Platform whereby such functionalities have their own set of terms and conditions shall be subject to such terms and conditions, which are binding on You and Your Authorized Users. You shall be responsible for any breach of the said Terms of Use or additional terms governing functionalities by any of Your Authorized Users.

6.3. BOZA may require You, the Admin and the Authorized Users to create a user account, including a user name and password or other login credentials (“Login Credentials”) to access and use the Application. You are solely responsible for maintaining the confidentiality and security of the Login Credentials. You are responsible for all acts and omissions of the Admin and the Authorized Users in relation to the use or misuse of such Login Credentials.

6.4. You shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and, in the event of any such unauthorized access or use, You shall promptly notify BOZA in writing. BOZA shall not be liable for any damages and losses whatsoever suffered by You as a result of Your failure to comply with Your obligations under these T&Cs or as a result of any negligence or misconduct by You or Your Authorized Users.

6.5. You shall not copy, reproduce, modify or create any derivative works, enhancements, adaptations or translations, frame, mirror, republish, download, transmit, or distribute all or any portions of the Platform or the Application or any contents thereof, in any form or media or by any means.

6.6. You shall not attempt to register any copyrights, trademarks, names, or logos used or associated with the Services and the Platform/ Application.

6.7. You shall not attempt to decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services or the Dashboard/ Platform/ Application is run or provided.

6.8. You shall not:

6.8.1 explicitly or implicitly, represent to any party in any manner that compromises or creates doubts over the ownership and consequent rights of BOZA over any intellectual property relating to the Services or the Dashboard/Platform/Application;

6.8.2 challenge (directly or indirectly), during the Term and anytime thereafter, the validity, enforceability or ownership of the Platform/Application or aid any third party in doing so;

6.8.3 during the Term and at any time thereafter, use the Services or the Platform/Application or any materials incidental thereto, including, any software or technical know-how, to develop services, software, hardware or firmware that is competitive with the Platform/ Application of BOZA;

6.8.4 use the Service to access, alter or destroy any information of another customer of BOZA by any malicious means or device;

6.8.5 use the Service to introduce a virus, worm, Trojan horse or other harmful software code or similar files that may damage the operation of BOZAs or another parties’ computer, property or information;

6.8.6 use the Service with the intent to damage, disable, overburden or impair any server or network(s) connected to any BOZA server or interfere with any other party’s use and enjoyment of the Service;

6.8.7 obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;

6.8.8 use the Service to defraud, defame, abuse, harass, stalk, threaten or infringe the rights of privacy or other intellectual property rights (including copyright) of others or otherwise violate any Applicable Law;

6.8.9 circumvent or modify any security technologies included as part of the Service including without limitation the security features included by BOZA on the Platform; and

6.8.10 perform any security integrity review, penetration test, load test, denial of service simulation or vulnerability scan (including without limitation by use of any tool designed to automatically emulate the actions of a human user in connection with such testing) on the Service.

6.9. The rights provided under these T&Cs are granted to You only, and shall not be considered to be granted to any of Your Affiliate(s). In the event BOZA agrees to grant Services to Your affiliates, the Parties shall agree to the details of the same in writing.

7. YOUR OBLIGATIONS

7.1. You shall provide BOZA with all necessary:

7.1.1. co-operation in relation to these T&Cs; and

7.1.2. access to such information as may be required by BOZA in order to provide the Services, including but not limited to Customer Data, security and access information;

7.2. You shall comply with all Applicable Laws with respect to Your activities, whether under these T&Cs or otherwise.

7.3. You shall perform all Your responsibilities as set out in these T&Cs in a timely and efficient manner.

7.4. You shall ensure that the Admin and Authorized Users use the Services in accordance with these T&Cs and Applicable Laws and You shall be solely responsible for any Admin or Authorized User’s breach thereof.

7.5. You hereby consent, express and agree that You have read and fully understand and accept the Terms of Use.

7.6. You shall obtain and maintain all necessary consents, and permissions, if any, necessary for You to avail of the Services under these T&Cs.

7.7. You shall be solely responsible for procuring and maintaining Your network connections and telecommunications links from Your systems to BOZAs data centers, and for all problems, conditions, delays, delivery failures and all other losses or damages arising from or relating to Your network connections or telecommunications links or those caused by the internet.

8. CUSTOMER DATA

8.1. You shall own all right, title and interest in and to all of the Customer Data. However, BOZA may use and process the Customer Data in terms of POPI for the purposes of these T&Cs, on the terms and conditions set out hereunder.

8.2. BOZA may process any Customer Data on Your behalf when performing its obligations under these T&Cs and the Parties record their intention that You shall be the data controller and BOZA shall be a data processor and in any such case:8.2.1. You acknowledge and agree that the Customer Data may be transferred or stored in a server outside South Africa and that such transfer is necessary to avail the Services under these T&Cs;

8.2.2. You shall ensure that You are entitled to disclose, transfer the relevant Customer Data to BOZA so that BOZA may lawfully use, process and transfer the Customer Data in accordance with applicable laws and these T&Cs on Your behalf;

8.2.3. You shall solely be responsible for any non-compliances with Applicable Laws in relation to such Customer Data. In this regard, You acknowledge that by virtue of providing the mobile numbers of the Authorized Users to BOZA, You authorize BOZA to on-board such Authorized Users on the Platform, and BOZA shall not have to obtain any further consent from the Authorized Users for such purpose; and

8.2.4. BOZA shall, in processing Customer Data, comply with Applicable Law to take commercially reasonable technical and organizational measures against unauthorized or unlawful processing of the Customer Data or its accidental loss, destruction or damage;
8.3. Further, the BOZA’s processing of Customer Data shall, also be in accordance with its privacy policy relating to the privacy and security of the Customer Data available on the Platform or such other web addresses/policies as may be notified to You from time to time, as such policy may be amended from time to time by BOZA, in its sole discretion.

8.4. BOZA shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted and authorized by BOZA to perform services related to Customer Data maintenance and back-up).

8.5. BOZA will not be liable to You in the event that the use of commercially reasonable administrative, physical and technical safeguards (including firewalls, encryption or other similar technology or techniques) fails to prevent unauthorized third-party access to the Customer Data.

8.6. Nothing in these T&Cs will constitute a representation or warranty by BOZA that Customer Data storage or transmission will be inaccessible to unauthorized third parties. Liability for BOZA’s failure to maintain or protect Customer Data is limited by the Limitation of Liability clause contained herein below.

9. OWNERSHIP OVER INTELLECTUAL PROPERTY

9.1. You acknowledge and agree that BOZA owns all intellectual property rights in the Services and the Platform/Application. Except as expressly stated herein, these T&Cs do not grant You/Your Authorized Users any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Services and the Platform/Application.

9.2. You acknowledge and agree that all know-how and intellectual property developed as a result of any work done in relation to the Platform/ Application or any customizations thereto, shall be exclusively and absolutely owned by BOZA, free and clear of any encumbrance of any nature.

10. CONFIDENTIALITY

10.1. Each Party may be given access to the Confidential Information of the other Party in order to perform its obligations under these T&Cs. A Party’s Confidential Information shall not be deemed to include information that which:

10.1.1. Is or becomes publicly known, other than through any act or omission of the receiving Party;

10.1.2. Was in the receiving Party’s lawful possession before the disclosure, as evidenced in writing;

10.1.3. Is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;

10.1.4. Is independently developed by the receiving Party, which independent development can be shown by written evidence; or

10.1.5. Is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body, subject to Clause 10.2 below.

10.2. Each Party shall hold the other’s Confidential Information in confidence and, unless required by law, shall not make the other’s Confidential Information available to any third party (except as provided in Clause 10.3 below), or use the other’s Confidential Information for any purpose other than the implementation of these T&Cs. In the event of a disclosure required by law, the receiving Party shall promptly notify the disclosing Party of such requirement, where not legally prohibited, to allow intervention (and shall cooperate with the disclosing Party, at the disclosing Party’s expense, to the extent possible) to contest or minimize the scope of the disclosure (including by making an application for a protective order).

10.3. Each Party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is disclosed to its employees, subcontractors, agents or representatives only on a need-to-know basis, and such employees, subcontractors, agents or representatives shall be bound to maintain the confidentiality of such Confidential Information on terms similar to those set out in these T&Cs, and not misuse such Confidential Information.

10.4. Each Party shall be responsible for any breach of the confidentiality obligations under these T&Cs by its employees, subcontractors, agents or representatives and agrees to indemnify the other Party for any loss or damage on account thereof. Neither Party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party for no fault attributable to such Party.

10.5. BOZA acknowledges that the Customer Data is Your Confidential Information.

10.6. No Party shall make, or permit any Person to make, any public announcement concerning these T&Cs without the prior written consent of the other Party (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority, any court or other authority of competent jurisdiction, subject to the provisions of Clause 10.2 above. Notwithstanding this, BOZA may disclose the existence of this arrangement for marketing, promotional or other purposes as it deems fit.

10.7. The Parties agree and understand that the terms of this Clause 10 shall survive the termination of the arrangements between You and BOZA.

11. REPRESENTATIONS AND WARRANTIES

11.1. You represent and warrant that:

11.1.1. You are a natural person or an entity legally incorporated in accordance with the Applicable Laws;

11.1.2. You have full right, power, authority, and capacity to accept these T&Cs and perform Your obligations hereunder and that no further approvals are required as of the date of using the Application;

11.1.3. You are not subject to any contract or agreement that would be breached by Your accepting or performing obligations under these T&Cs or that are otherwise inconsistent with these T&Cs;

11.1.4. There are no pending or threatened legal proceedings against You before any judicial or quasi-judicial forum whatsoever that may affect Your performance hereunder;

11.1.5. You shall comply with all Applicable Laws in the performance of Your obligations hereunder, including privacy and data protection laws, rules, and regulations that are applicable now or that may become applicable in the future;

11.1.6. You shall permit only the Authorized Users to use the Services as per these T&Cs, and shall not permit any other Person to use such Services, in contravention of these T&Cs;

11.1.7. No order has been made and no resolution has been passed for sequestration, winding up, for a provisional trustee or liquidator to be appointed and no petition has been presented and no meeting has been convened for winding up. No receiver has been appointed with respect to You, for any or all of Your assets. You are neither insolvent nor unable to pay Your debts as they fall due; and

11.1.8. You shall at all times comply with these T&Cs.

12. DISCLAIMER

12.1. The service is provided on an “as-is” and “as-available” basis. Boza disclaims and makes no additional representations and warranties, either express or implied, about the platform or the services, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement or completeness. The service is not guaranteed to be error-free or uninterrupted. Without limiting the foregoing, boza makes no warranty that (i) the quality of the platform will meet your expectations; or that (ii) any errors or defects in the platform will be corrected. No advice or information, whether oral or written, obtained by you from boza or through or from use of the platform shall create any warranty not expressly stated in this agreement.

12.2. Boza has endeavored to ensure that all the information on the platform is correct, but Boza neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information. Boza shall not be responsible for the delay or inability to use the platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the platform, or otherwise arising out of the use of the platform, whether based on contract, delict, negligence, strict liability or otherwise. You understand and agree that any material or data downloaded or otherwise obtained through the platform is done entirely at your own discretion and risk and that you will be solely responsible for any damage to your systems or loss of data that results from the download of such material or data.

13. COMMERCIAL TERMS

13.1. Creating an account

13.1.1. While registering, please select your signup country and enter the mobile number that you would like to use to book a Boza.

13.1.2. You will receive an OTP on your phone to verify your mobile number.

13.1.3. Next, enter the details such as your name and email to create a Boza account. Once you’ve filled in all the details, tap REGISTER.

13.1.4. If you have a referral code, you can apply the referral code in Got a referral code? You can earn a free-ride coupon by entering a referral code while signing up.

13.1.5. You can get the referral code from a friend who has a Boza account. The referral code can be found in the Refer & Earn section of your friend’s Boza app.

13.1.6. Note- If the mobile number entered is correct and you haven’t received the SMS with OTP details, you can request for OTP again by clicking on Resend OTP or Get OTP over a call.

13.1.7. Please note that there is a limit on the number of accounts that can be created on one mobile device.

13.1.8 You will be prompt to verify your identity. A selfie screen capture will appear and guide you to capture your selfie for the Identity verification as well as background check.

13.2. Cancellation fee

13.2.1. Cancellation fee is charged to compensate drivers for the time, effort and fuel spent while trying to reach the pickup location.

13.2.2. You may be charged a cancellation fee if any one of the following occurs:

13.2.2.1. the estimated time of arrival of the driver is less than 5 (five) minutes and you cancel the booking 3 (three) minutes or later after the booking has been accepted by the driver, or

13.2.2.2 the estimated time of arrival of the driver is 5 (five) minutes or more and you cancel the booking 5 minutes or later after the booking has been accepted by the driver, or

13.2.2.3. a driver has already arrived at your pickup location, or

13.2.2.4. a driver cancels the booking after waiting at your pickup location for 5 (five) minutes or more

13.2.3. However, the cancellation fee will not be charged if the driver is delayed in reaching the picking up location by more than 5 (five) minutes from the shown estimated time of arrival.

13.2.4. The cancellation fee amount may vary depending on your city, and the vehicle category selected.

13.2.5. A cancellation fee, if charged, will be added to the total bill amount of your next Boza ride.

13.3. Fare breakup

13.3.1. The total fare for your Boza ride is calculated by adding the following:

13.3.1.1. Base Fare – A flat fare charged up to a particular distance or for the first few kilometers.

13.3.1.2. Distance Fare – The fare charged on per km travelled. Depending on the city, the Rate/Km may vary after a threshold distance or an extra charge may be applicable after a particular distance.

13.3.1.3. Ride Time Fare – The fare charged on the total time duration of the trip from pickup time to drop time. This also includes driver waiting time before the trip starts, wait time in traffic or at traffic signals during the ride.

13.3.1.4. Peak Pricing (if applicable) – Peak pricing is applied on standard fares depending on the time of booking. It is not a fixed charge and varies as per the demand for the cabs in your area.

13.3.1.5. Advance Booking Fee (if applicable) – Advance booking fee is a flat amount charged on all Ride Later bookings. The fee will be added to your ride bill on completion of the trip.

13.3.1.6. Access Fee (if applicable) – Access fee is applicable on auto rides. It is a fee charged for availing the Boza platform.

13.3.1.7. Convenience Fee (if applicable) – Convenience fee is applicable on Prime Play rides for providing you in-cab entertainment. The fee may vary from city to city. You can check the Total Fare breakup (click on the ‘i’ icon ) for the convenience fee before confirming a booking.

13.3.1.8. Airport Charges (if applicable) – A surcharge fee may be charged for airport pickup and drop (depending on the city).

13.3.1.9. Toll and Parking Fee (if applicable).

13.3.1.10. Taxes (as per the state taxation rules).

13.4. Base Fare, Distance Fare, and Ride Time Fare may vary depending on the demand for cabs during that time and the cab category selected.

13.5. You will always be informed before you confirm the booking of any fare increase (if applicable).

13.6. You can always check the invoice sent to your registered email id for understanding the fare breakup of your ride.

13.7. All disputes between the Parties pertaining to payables under these T&Cs shall be settled on a case-to-case basis by BOZA by following the process as prescribed in Clause 27 below.

14. INDEMNITY

14.1. You shall defend, indemnify and hold BOZA harmless, its Affiliates, and its officers, directors, shareholders, employees, assignees, representatives, associates, subcontractors and subsidiaries against any and all direct and actual losses, damages, loss of reputation, loss of goodwill, liabilities, fines, penalties, fees, costs, amounts and expenses, claims, actions, suits, judgments, orders, litigation, enforcements and/or proceedings, incurred or sustained by BOZA in connection with or as a consequence of:

14.1.1. A breach of any of the provisions of these T&Cs by You and/or Your Authorized Users;

14.1.2. A breach of any representations, covenants or warranties contained herein by You and/or Your Authorized Users;

14.1.3. Unauthorized use or infringement of BOZAs or third party’s intellectual property right (whether such intellectual property is registered or not);

14.1.4. Any damage, unauthorized use or loss of information, including Confidential Information, shared by BOZA;

14.1.5. Fraud, misconduct or negligence due to any act or omission by You and/or Your Authorized Users;

14.1.6. Your failure to abide by the Applicable Law while being bound by these T&Cs; and
14.1.7. A breach of any terms, conditions and obligation under any other contract with a third party, which has an impact on BOZA or the Services provided by BOZA.

14.2. BOZA shall defend You, Your officers, directors and employees against any claim that the Services infringe any patent, copyright, trademark, database right or right of confidentiality, effective as of the date of Your use of the Application and shall indemnify You for any amounts awarded against You in the judgment or settlement of such claims, provided that:

14.2.1. BOZA is given prompt written notice of any such claim;

14.2.2. BOZA is given sole authority to defend and settle the claim, provided that BOZA shall not enter into any arrangements, settlements or accept any liability on behalf of You without Your prior written consent;

14.2.3. You co-operate with BOZA in the defense and settlement of such claim, at BOZAs expense; and

14.2.4. You may participate in any such suit or proceeding through a counsel of Your choice, at Your own expense, provided that the costs associated with Your counsel shall not be deemed damages or costs for purposes of BOZAs indemnity hereunder.

14.3. In the defense or settlement of any claim, BOZA may procure the right for You to continue using the Services, replace or modify the Services so that they become non-infringing, or if such remedies are not reasonably available, terminate these T&Cs on the issuance of a 30 (thirty) days’ written notice to You without any additional liability or obligation to pay liquidated damages or other additional costs to You.

14.4. In no event will BOZA be liable for any losses arising from or in connection with these T&Cs, pursuant to any claim by You/Your Authorized Users against BOZA under any theory of liability (whether in contract, in delict, or otherwise), if such losses could have been avoided if You had used reasonable efforts to mitigate them.

14.5. Further, in no event shall BOZA be liable to You to the extent that the alleged infringement is based on:

14.5.1. A modification of the Services by anyone other than BOZA; or

14.5.2. You and/or Your Authorized Users’ use of the Services in a manner contrary to the instructions given to You by BOZA or the use of the Services by You in combination with any product/equipment not permitted by BOZA.

14.6. The indemnities contained herein shall continue throughout the Term of these T&Cs and shall survive the termination of the arrangements between You and BOZA.

15. LIMITATION OF LIABILITY

15.1. This Clause sets out the entire financial liability of BOZA to You arising out of or in connection with these T&Cs.

15.2. In no event shall BOZA be liable to You/Authorized Users for any loss or damage resulting from the services offered by third parties including the Transport Service Providers or due to their failure to provide transportation services to You for any reason whatsoever.

15.3. Notwithstanding any other provision of these T&Cs, the Parties shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, restitution or otherwise for any consequential, incidental, indirect, special, punitive or other such loss or damage, including but not limited to those such as and/or resulting from loss of profits, loss of business, business interruption, computer failure, loss of business information, depletion of goodwill, loss or corruption of data or information, however arising under these T&Cs.

16. TERM AND TERMINATION

16.1. These T&Cs shall be in force from the date of its acceptance by You on the Platform, until such time that the arrangement between the Parties is terminated under these T&Cs or the Agreement, if any, whichever is earlier (“Term”).

16.2. The access to the Application may be withdrawn and BOZA may terminate the arrangement under these T&Cs with You, with immediate effect, for the reasons listed below and otherwise, by providing a written notice to You:

16.2.1. If You and/or Your Authorized Users commit a material breach of any term of these T&Cs which breach is irremediable or if such breach is remediable, You fail to remedy that breach within a period of 30 (thirty) days after being notified in writing to do so;

16.2.2. If You repeatedly breach any of these T&Cs in such a manner as to reasonably justify the opinion that Your conduct is inconsistent with You having the intention or ability to give effect to these T&Cs, in the opinion of BOZA;

16.2.3. You suspend or cease, or threaten to suspend or cease, carrying on all or a substantial part of Your business;

16.2.4. You file an application for sequestration or liquidation; for reorganization, arrangement, composition or similar relief under any law regarding insolvency or relief for debtors; or make an assignment for the benefit of creditors; or, a receiver, trustee or similar officer is appointed for Your business or property; or, any involuntary application or proceeding under insolvency laws is instituted against You;

16.2.5. You undergo a change of Control;

16.2.6. Any representations and warranties given by You in these T&Cs are found to be untrue or misleading;

16.2.7. If BOZA has been unable to perform its obligations in accordance with these T&Cs for a continuous period of 30 (thirty) days as a result of a force majeure event as per Clause 17 (Force Majeure) below;

16.2.8. The provision of the Services to You is, in BOZAs opinion, no longer commercially viable or is in any way detrimental to BOZA, its business or the Platform; or

16.2.9. If You fail to make the payments due to BOZA under these T&Cs, BOZA shall have a right to terminate this arrangement and withdraw Your access to the Application, at its discretion.

16.3. Notwithstanding the above, BOZA may terminate the arrangement under these T&Cs with You and withdraw access to the Application, without cause, by the issue of a 30 (thirty) days’ advance written notice to You.

16.4. You may stop using the Application and request termination of the arrangement under these T&Cs upon issuance of 30 (thirty) days written notice to BOZA, in the event of a material breach of these T&Cs by BOZA. However, these T&Cs may be terminated by You only where the breach has not been remedied by BOZA within 60 (sixty) days of receipt of a written notice from You, requiring remedy of such breach.

16.5. On the withdrawal of Your access to the Application for any reason:

16.5.1. Each Party shall return and make no further use of any equipment, property, Application (including Login Credentials), Services, Confidential Information and other items (and all copies of them) belonging to or provided by the other Party;

16.5.2. BOZA may destroy or otherwise dispose of any of the Customer Data in its possession, unless BOZA receives, no later than 10 (ten) days after the effective date of withdrawal of access, a written request for the delivery to You of the then most recent back-up of the Customer Data, subject however, at all times, to the Terms of Use. BOZA shall use reasonable commercial endeavors to deliver the back up to You within 30 (thirty) days of receipt of such a written request. You shall pay all reasonable expenses incurred by BOZA in returning or disposing of the Customer Data;

16.5.3. You shall forthwith make payments of all pending amounts, if any, to BOZA on withdrawal of Your access to the Application, and in any case within 30 (thirty) days of such withdrawal.

16.5.4. In the event that any advance amounts paid by You to BOZA is remaining with BOZA as on the date of withdrawal of access to the Application, BOZA shall refund such amounts to You, after making any applicable deductions of any amounts due and payable by You, within a period of 30 (thirty) days of such withdrawal of access.

16.6. Notwithstanding anything stated in these T&Cs, BOZA has the right to withdraw access to the Application at its sole discretion, as it deems fit, at any time and for any reason whatsoever.

17. FORCE MAJEURE

BOZA shall have no liability to You under these T&Cs if it is prevented from or delayed in performing its obligations under these T&Cs, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of BOZA or any other party), failure of a utility service or telecommunications network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm.

18. WAIVER

No failure or delay by a Party to exercise any right or remedy provided under these T&Cs or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver shall be effective only when in writing and signed by the Party exercising such waiver.

19. SEVERANCE

19.1. If any provision (or part of a provision) of these T&Cs is found by any Court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

19.2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

20. ENTIRE AGREEMENT

20.1. These T&Cs, along with the Terms of Use of the Platform, and any documents referred to in these documents, constitute the whole agreement between the Parties and supersedes any previous agreement, arrangement or understanding between them relating to the subject matter they cover.

20.2. The Parties hereby agree that BOZA may at any time, alter the terms of the Terms of Use, and its internal policies without prior written notice to You. However, BOZA may intimate to You, either directly or by notification on the Platform, of any such change. It shall be Your responsibility to check the Platform for any such changes/updates. The continued use of the Platform by You and/or Your Authorized Users after such change/update shall be a deemed acceptance by You/Your Authorized Users of such modified policy.

20.3. You acknowledge and agree that by accepting these T&Cs You do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any Person relating to the subject matter of these T&Cs except as expressly set out in these T&Cs.

21. ASSIGNMENT

21.1. You shall not, without the prior written consent of BOZA, assign, transfer all or any of Your rights or obligations under these T&Cs.

21.2. BOZA may, at any time, freely assign, transfer, sub-contract or deal in any other manner with all or any of its rights or obligations under these T&Cs, without the requirement to intimate You or obtain Your consent.

22. NO PARTNERSHIP OR AGENCY

Nothing in these T&Cs are intended to or shall operate to create a partnership between the Parties, or authorize either Party to act as an agent for the other, and neither Party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

23. THIRD PARTY RIGHTS

Except to the extent provided, these T&Cs do not confer any rights on any Person other than the Parties to these T&Cs.

24. NOTICES

Either Party may change its address for receipt of notice from the other Party by delivering written notice of such change to the other Party.

25. GOVERNING LAW

These T&Cs and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa.

26. DISPUTE RESOLUTION

26.1 Prior to the initiation of formal arbitration procedures and/or Court processes, the Parties shall within 30 (thirty) days after any dispute arising, first attempt mediation so as to resolve any dispute informally by referral of such dispute to a joint committee comprising 2 (TWO) designated representatives of each party who shall be duly authorised in writing to settle such dispute.

26.2 The designated representatives shall in good faith settle the dispute within 5 (five) days from the referral date. Should the joint committee fail to resolve the dispute, or conclude that the dispute is irresoluble, or should either party fail to appoint the designated representatives on the written request of the other within 3 (three) days after being requested to do so, then either party may refer the matter for arbitration.

26.3 Within 10 (ten) days of failure by the joint committee to resolve the dispute, or concluding that the dispute is irresoluble, or from appointing the designated representatives, either party may refer the dispute to arbitration in accordance with the Rules of the Association of Arbitrators Southern Africa (NPC) (‘AASA’) by giving written notice to the other party.

26.4 The Parties irrevocably agree that the decision in arbitration proceedings shall be final and binding upon the Parties; shall be carried into effect; and may be made an order of any court of competent jurisdiction.

26.5 Failure by either party to refer the dispute to arbitration in terms of this clause shall not constitute a waiver and shall not oust the jurisdiction of the AASA so as to entitle either party to approach a court to adjudicate the dispute.

27. EXEMPTION

You agree that all the clauses contained in this agreement are usual and expected and you hereby exempt Boza from all liability of whatsoever nature, arising directly or indirectly from the T&Cs including the functioning of Boza and operation of any vehicle including, but not restricted to, any liability for direct and/or consequential loss or damages arising from the loss, damage, or from any other cause arising, whether such liability, loss or damage is caused by or arises from breach of contract, or negligence, on the part of Boza, its agents, employees, or otherwise.

28. REMEDIES

Without prejudice to any other rights or remedies that the Parties may have, the Parties agree and acknowledge that damages may not be an adequate remedy for a breach of any of these T&Cs and it is reasonable that the Parties shall be entitled to the remedies of injunction, specific performance and other equitable relief for any material breach of these T&Cs.

29. PRIVACY POLICY ON ACCESS TO CONTACT LIST

This app accesses and collect your contact list consisting of your phonebook and contacts only for an event of emergency, security reasons and disclosure to governmental authorities, including the Department of Home Affairs and the South African Police Service, should the need arise for investigations into criminal conduct, and upon receiving a lawful statutory instruction from a competent authority or a court order. We do not access, collect, use and share your contact list, phonebook and contacts for on-selling, marketing and advertising purposes.

30. BLACK FRIDAY RIDER PROMO TERMS & CONDITIONS

30.1 The Black Friday Frenzy rider promo is valid from November 23rd to November 27th, inclusive of both dates.
30.2 To avail of the promotion, riders must apply the promo code “BOZARIDEBFF” while booking a ride through the BozaRide app.
30.3 The promo code offers an 80% discount on rides, up to a maximum discount of R150 per ride.
30.4 This promotion is applicable to rides within the specified campaign period and cannot be used for rides after the campaign ends.
30.5 The discount is applicable to the ride fare and does not cover additional charges such as tolls, taxes, or tips.
30.6 The promo code can be used multiple times by riders during the campaign period until they reach the maximum discount limit of R150 per ride.
30.7 The discount cannot be transferred, exchanged for cash, or combined with any other offers or promotions.
30.8 BozaRide reserves the right to modify or cancel the promo at any time without prior notice, especially in cases of suspected fraudulent activity or misuse of the promo code.
30.9 Riders must comply with BozaRide’s terms of service and community guidelines while using the app.
30.10 By using the promo code, riders agree to abide by these terms and conditions.
Note: These terms and conditions are subject to change and riders are encouraged to review them regularly for any updates. Promo only applies to card and cash trips.