Terms and Conditions

1. Introduction

Welcome to CrabaRide!

These Terms and Conditions ("Terms") govern your access to and use of the CrabaRide carpooling platform operated by Crab a Ride South Africa PTY LTD, including all content, functionality, and services offered through crabaride.co.za (the "Website").

By accessing or using the Website, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any provision, you must discontinue use immediately.

2. Definitions

• "Trip": A car journey uploaded by a verified driver from an origin to destination at specified dates and times.
• "Ride": A single seat within a trip available for booking by riders2.
• "Driver": A person over 18 with valid driving credentials and transport authorization who offers trip sharing.
• "Rider": A person over 18 with valid identification who books shared transportation.
• "AI Matching System": Our artificial intelligence platform that connects drivers and riders based on preferences, routes, and compatibility factors.

3. Operating Entities

Primary Service Provider: Crab a Ride PTY LTD

Registration Number: 2024/236152/07

Address: 74 Queen Victoria Street, Cape Town, 8001, South Africa

Related Entity: Crab a Ride South Africa PTY LTD

Services are provided primarily through Crab a Ride PTY LTD, with specific entity responsibilities clearly identified for each service component.

4. User Eligibility and Verification

Users must be at least 18 years old and legally capable of entering binding contracts. Enhanced verification requirements include:

All Users:

• Valid government-issued identification
• Verified phone number and WhatsApp account
• Completed identity verification process
• Agreement to background verification checks

Additional Driver Requirements:

• Valid South African driver's license or recognized international equivalent
• Current vehicle is registered with authorities
• Compliance with National Land Transport Act requirements, including appropriate operating licenses where applicable
• Vehicle is roadworthy
• Clean criminal background
• Professional Driver Licensing: Drivers engaged in commercial transport activities must possess valid operating licenses as required by amended transport legislation

5. Account Management

Account creation requires accurate, current information that must be maintained and updated. Users are responsible for:

• Account security and confidentiality
• All activities conducted through their accounts
• Immediate notification of unauthorised access
• Compliance with single-account policies per individual

Authentication options include WhatsApp and SMS verification, with communication preferences manageable through contact@crabaride.co.za.

6. AI-Powered Services

Our platform utilizes artificial intelligence for:

• Matching Services: Algorithmic pairing of drivers and riders based on routes, preferences, safety scores, and compatibility factors.
• Route Optimization: AI-suggested optimal paths, timing recommendations, and traffic-aware planning.
• Safety Monitoring: Automated detection of unusual patterns, route deviations, and safety alerts.
• Personalization: Customized user experiences based on travel history and preferences.

User Rights: You may request human review of any AI-driven decisions that significantly impact your platform experience, including matching rejections or safety flags.

7. Communication Systems

Registration includes consent to receive communications via chosen channels. Our communication encompasses:

Platform Communications:

• Login credentials and security notifications
• Trip confirmations and updates
• Safety alerts and emergency communications
• AI-powered trip suggestions and optimizations

User-to-User Communications:

• Driver-rider coordination through secure messaging
• Trip-specific WhatsApp groups facilitated by our platform
• Community features and shared travel coordination

WhatsApp Business Integration: Enhanced security protocols protect business communications with proper data backup, employee device management, and compliance monitoring.

8. Enhanced User Conduct and Safety

Users must comply with all applicable laws and maintain respectful conduct. Prohibited activities include:

• Safety Violations: Providing false identity or vehicle information; operating uninsured or unroadworthy vehicles; engaging in behavior that compromises user safety; violating transport licensing requirements.
• Platform Misuse: Circumventing AI matching systems; creating multiple accounts or false profiles; attempting unauthorized access to other user data; commercial use without proper licensing; creating fake bookings to exploit promotions.

Violations may result in the company taking legal action against users.

9. Driver Compliance and Transport Regulations

Drivers must comply with comprehensive regulatory requirements:

Vehicle Requirements:

• Current roadworthiness certificates and regular maintenance
• Valid registration and comprehensive insurance coverage
• Platform verification and "verified" status maintenance
• Compliance with vehicle marking requirements where applicable

Driver Certification:

• Platform verification achieving "verified" status
• Clean criminal background
• Current driving license appropriate for vehicle class
• Transport Authorization: Appropriate operating licenses as required by National Land Transport Act amendments when applicable

Professional Obligations: Authority to refuse passengers for safety concerns; compliance with hours-of-service regulations; adherence to route and pricing transparency; awareness of penalties up to R100,000 for non-compliance.

10. Pricing, Payment, Tax Compliance, and Digital Payment Processing

10.1 Pricing Structure

Driver Pricing Rights:

• Drivers set per-seat pricing at trip upload with limited modification rights for unbooked seats and no modification right for booked seats.
• Clear pricing disclosure before trip start
• Price adjustments permitted only for unbooked seats, not for confirmed bookings
• Pricing transparency maintained throughout the booking process

Payment Methods:

• Traditional Payment: Real-time payment during trips with driver collection responsibility for cash transactions
• Digital Payment: Integrated online payment processing through digital payment partners for enhanced security and convenience

10.2 Digital Payment System Integration

Payment Processing: All digital payments are processed through our certified payment service provider. The payment flow operates as follows:

• Riders pay online during booking confirmation
• Funds are collected and held by the payment processing system
• Payment is released to drivers upon successful trip completion
• CrabaRide facilitates payment processing but does not hold customer funds directly

Payment Collection: For digital bookings, payment collection is handled automatically through our payment processing system, eliminating the need for cash transactions during trips.

10.3 Comprehensive Cancellation and Refund Policy

Rider Cancellation Rights:

• Full Refund: Available until 24 hours before scheduled departure without fees or penalties
• Partial Refund (50%): Available from 24 hours until 2 hours before departure
• No Refund: Cancellations less than 2 hours before departure forfeit all payment rights

Driver Cancellation Obligations:

• Automatic Full Refund: Driver cancellations trigger immediate full refund to riders without any processing fees using the rider’s original payment method
• No Penalties: Riders receive complete refund regardless of cancellation timing
• Platform Responsibility: CrabaRide facilitates immediate refund processing through our payment provider

Refund Processing Timeline: All refunds are processed through our payment partners' systems and may take up to 3 business days depending on the rider's bank and payment method. Processing times are determined by financial institutions and payment processors, not CrabaRide.

10.4 Cost-Sharing Principles

Revenue Guidelines:

• Trip revenues should primarily cover fuel and maintenance costs
• Profit Limitations: Drivers should avoid using the platform for profit generation unless registered as a professional driver in compliance with South Africa's NLTA
• Tax Compliance: Amounts exceeding SARS daily allowances must be declared according to Income Tax Act requirements
• Enhanced record-keeping requirements for tax and regulatory compliance

SARS Compliance Reference: Please consult the following link for guidance on SARS amounts for FY2024 available here : https://www.sars.gov.za/wp-content/uploads/Docs/PAYE/Tables/2024/PAYE-GEN-01-G03-A01-Rate-per-Kilometre-Schedule-External-Annexure.pdf

10.5 Professional Driver Considerations

Commercial Operations:

• Drivers operating commercially may be subject to National Land Transport Amendment Bill provisions
• Enhanced record-keeping requirements for tax and regulatory compliance
• Potential additional licensing and insurance obligations

Professional Licensing: Drivers engaged in commercial transport activities must possess valid operating licenses as required by amended transport legislation.

10.6 Dispute Resolution and Customer Service

Dispute Reporting Timeline: All payment disputes, disagreements, or service issues must be reported within 48 hours of trip completion to ensure proper resolution.

Contact Channels:

• General Inquiries: contact@crabaride.co.za
• Booking & Payment Disputes: booking@crabaride.co.za
• Privacy Issues: privacy@crabaride.co.za
• Emergency Situations: +27 74 421 9807 (WhatsApp/Phone)

Resolution Process:

1. Initial Contact: Users must report payment or bookies issues via designated channels within 48 hours
2. Investigation: CrabaRide investigates within 2 business days for general issues, 24 hours for payment disputes
3. Resolution: Disputes resolved through customer service mediation, refunds, or other appropriate remedies
4. Escalation: Unresolved disputes may be escalated to relevant authorities

10.7 Platform Liability and Paystack Compliance

Merchant Liability: CrabaRide accepts full responsibility for payment disputes, chargebacks, and refund processing as required by Paystack's merchant agreement.

Merchant Liability includes:

• Chargeback Response: Responding to chargeback claims within 16 hours
• Fraud Claims: Resolving fraud claims within 24 hours to prevent auto-acceptance
• Documentation: Maintaining comprehensive transaction documentation and receipts
• Financial Responsibility: Paying the full amount of any disputes, chargebacks, fraud claims, refunds, fines, or penalties that arise from platform use

Auto-Acceptance Consequences: If we fail to respond to chargebacks within the 16-hour deadline, our payment partner may automatically accept the dispute on our behalf, resulting in automatic refunds deducted from our account balance.

10.8 Emergency and Safety Procedures

If rider or driver safety is at risk during any dispute, users must:

1. Immediately contact emergency services (10111 or 112)
2. Contact CrabaRide emergency line: +27 74 421 9807
3. Document the incident for investigation purposes

Emergency Refunds: Safety-related cancellations or disputes receive priority processing with immediate refunds where appropriate.

10.9 South African Law Compliance

Our refund policy aligns with the Consumer Protection Act 68 of 2008, providing:

• Clear complaint procedures and contact information
• Right to refund for services not meeting agreed standards
• Reasonable dispute resolution timeframes

POPIA Compliance: Privacy-related disputes follow the Protection of Personal Information Act requirements.

10.10 Documentation and Record Keeping

CrabaRide maintains comprehensive records of all:

• Payment transactions and processing details
• Dispute communications and resolutions
• Refund processing and timelines
• Customer service interactions

User Obligations: Users must maintain adequate trip documentation including booking confirmations, payment receipts, and communication records to support any dispute claims.

11. AI Data Usage and Model Training

Data Usage for AI Development: Anonymized trip and user behavior data may be used to improve AI matching algorithms; personal identifiers are removed before any AI training processes; users can opt-out while still accessing core services.

LLM and Chatbot Development: Anonymized communication patterns may inform our planned WhatsApp transport chatbot; no personal conversations or identifiable information used in model training; enhanced data protection with separate consent mechanisms.

12. Platform Safety and Monitoring

AI-Enhanced Safety: Automated monitoring for unusual trip patterns; real-time route tracking with deviation alerts; predictive safety scoring; emergency response integration.

Community Safety Standards: Zero tolerance for harassment, discrimination, or threatening behavior; immediate account suspension for serious safety violations; coordinated reporting with law enforcement; regular safety training and awareness communications.

13. Intellectual Property and Content

The Website and all related content remain the property of CrabaRide and its licensors. User-generated content grants CrabaRide necessary licenses for service provision and AI improvement.

AI-Generated Content: Content created by our AI systems for route suggestions, matching recommendations, or safety alerts remains our intellectual property while respecting user privacy rights.

14. Limitation of Liability and Insurance

CrabaRide limits liability for indirect, consequential, or exemplary damages arising from platform use.

Driver Insurance Requirements: Upon request, drivers may have to maintain comprehensive vehicle insurance covering passenger transportation and ride-sharing activities.

Platform Liability Limitations: CrabaRide facilitates connections but does not provide transportation services directly; liability is limited to platform functionality.

AI System Limitations: While AI enhances safety and matching, users remain responsible for personal safety decisions and trip arrangements.

15. Dispute Resolution and Governing Law

These Terms are governed by South African law. Dispute resolution includes internal mediation via contact@crabaride.co.za, human review of AI decisions, and South African court jurisdiction for unresolved disputes. Regulatory complaints may be directed to the Information Regulator and transport authorities.

16. Regulatory Compliance and Penalties

Current Penalty Framework: POPIA violations may incur administrative fines up to R10 million or criminal penalties up to 10 years imprisonment; transport regulation violations carry fines up to R100,000; platform violations may result in permanent account suspension and regulatory reporting.

Compliance Monitoring: Regular audits ensure adherence to evolving legal requirements with user notification of significant changes.

17. Terms Updates and Communication

CrabaRide reserves rights to update Terms for legal compliance or service improvements. Significant changes receive notification through platform announcements, email, WhatsApp messages, or direct communication when new consent is required.

18. Contact Information

General Inquiries: contact@crabaride.co.za

Legal and Compliance: privacy@crabaride.co.za

Business Address: Crab a Ride South Africa PTY LTD, 74 Queen Victoria Street, Cape Town, 8001, South Africa