1. Overview

CRAB A RIDE (Pty) Ltd, with registration number 2024/236152/07, is based at 74 Queen Victoria Street, 8001 Cape Town, South Africa, and operates the Website crabaride.co.za. The Website facilitates connections between riders and drivers for carpooling purposes.

2. User Eligibility

By using the Website, you represent and warrant that you are at least 18 years old and legally capable of entering into binding contracts. If you are accessing or using the Website on behalf of a company, entity, or organisation, you represent and warrant that you have the authority to bind such entity to these Terms.

3. User Accounts

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account, password and other log-in methods, as well as for restricting access to your account. You agree to accept responsibility for all activities that may occur with the use of your account. A valid phone number is required to register on the website. Upon registration, users can opt-in to receive WhatsApp messages from Crabaride access and be informed about your account and your activity on crabaride.co.za. Alternatively, users can choose to register on the website via SMS (local fees charged by the users' local network provider may apply). CRAB A RIDE (Pty) Ltd (also trading as Crabaride) uses WhatsApp and SMS for authentication purposes as well as to confirm bookings and provide updates. Users can decide to switch their mode of authentication and communication with the website by contacting contact@crabaride.co.za.

4. Communication

By registering for an account on crabaride.co.za, you agree to receive log-in details, and communications from CrabaRide via WhatsApp. You also agree, as a user, to receive communication from other users via Whatsapp or to interact with other users via whatsapp. This includes, but is not limited to, notifications about your account, trip confirmations, updates, communication with drivers and passengers, community groups, dedicated whatsapp group for the booked trip, and support communications. It is your responsibility to ensure that you have WhatsApp installed and that you can receive messages from CrabaRide.

5. User Conduct

You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not:

1. Violate any applicable law or regulation.
2. Violate the rights of others.
3. Post, transmit, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
4. Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website.
5. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.

6. User Content

By posting, transmitting, or sharing any content on or through the Website, you grant CrabaRide a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any form, media, or technology now known or later developed. This especially includes, but is not limited to, trips requested or offered on the website with the mention of time, date and the departure and arrival points.

7. User Safety

Drivers agree to comply with the following regulations, which are in line with the requirements of the Act, the National Road Traffic Act, and the National Land Transport Regulations, 2009:

1. The motor vehicle to be used for the trip is roadworthy, registered, insured, and marked as "verified" by the website
2. The driver or drivers of the vehicle have been vetted by the website and obtained the mention "verified" accordingly.
3. The driver or drivers, as the case may be, hereby declare that there are no pending criminal investigations against them in South Africa or in another country that may result in conviction for an offence by a court of law, where such offence could have a bearing on the driver's capacity to drive a motor vehicle or drive members of the public.
4. The driver or drivers hold the adequate driving licenses required by the National Road Traffic Act in South Africa.
5. The driver must communicate to the website his names, street address, and mobile telephone number.
6. The driver must be able to refuse conveying the user if the driver suspects that the proposed user intends to rob or harm the driver or other users in any way.

8. Price and Payment

Any user must comply with the payment terms as outlined below; failure to do so may result in ban and report to authorities:

1. The driver must set the price per ride at the time the trip is uploaded on the website. They may subsequently adjust the price for unbooked seats but not for those already booked by riders.
2. Price is notified to the rider before booking and in the booking confirmation received via Whatsapp.
3. Payment must occur during the ride, upon request by the driver. As Crab a Ride does not offer payment facilities, it is the driver's responsibility to ensure payment collection, and riders' responsibility to ensure they have the correct amount to pay for the ride.
4. The total revenues earned by the driver should solely serve to compensate the cost of fuel and maintenance pertaining to the trip. Crab A Ride advises drivers against using the website to make a profit. Any amount that goes beyond SARS (South African Revenue Service) daily amount for expenditure in respect of meals and incidental costs as per Section 8(1) of the Income Tax Act No. 58 of 1962, ought to be declared accordingly to SARS. Please consult the following link for guidance on SARS amounts for FY2024:
   https://www.sars.gov.za/wp-content/uploads/Docs/PAYE/Tables/2024/PAYE-GEN-01-G03-A01-Rate-per-Kilometre-Schedule-External-Annexure.pdf
5. Additionally, by exercising this activity with a professional aim, a driver may become subject to the provisions of the 2016 NATIONAL LAND TRANSPORT AMENDMENT BILL.

9. Intellectual Property

The Website and its entire contents, features, and functionality are owned by CrabaRide or its licensors and are protected by copyright, trademark, and other intellectual property laws.

10. Limitation of Liability

In no event shall CrabaRide, its officers, directors, employees, or agents be liable to you for any indirect, consequential, incidental, special, punitive, or exemplary damages, arising out of or in connection with your use of the Website.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.

12. Contact Information

If you have any questions about these Terms, please contact us at contact@crabaride.co.za.

13. Changes to Terms

CrabaRide reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

For more details about our privacy policy, please consult our privacy policy here.