Terms and Conditions

  1. "Act" refers to the National Land Transport Act 5 of 2009 and its regulations, both as amended and updated.
  2. "Agreed upon fare" refers to the fare amount agreed upon by the driver and the passenger as confirmed by both parties on the app;
  3. "Consumer Act" refers to the Consumer Protection Act 68 of 2008 and its regulations, both as amended and updated;
  4. "Driver" refers to a person who registers as a driver on this app;
  5. "Hailer" refers to Embedded Ingenuity, the company which owns and operates this app;
  6. "Operator" refers to any person operating the vehicle on the driver"s;
  7. "Passenger" refers to a person who registers as a passenger on this app;
  8. "All user parties" refers to the driver, operator and passenger;
  9. "Personal information" refers to any information relating to identity, status, movement or any other information available to Hailer concerning a passenger;
  10. "required legal authority" refers to any legal authority required to operate the vehicle, including a personal driver"s license and a professional driving permit, and any operating license or permit issued for the vehicle, as stipulated by the Act and the traffic regulations;
  11. "traffic regulations" refers to road traffic laws and regulations as set out in the National Road Traffic Act 93 of 1996 and its regulations, both as amended and updated, and the local laws of each province or municipality wherein a vehicle registered on this app operates or is intended to operate;
  12. "Vehicle" refers to a vehicle registered on this app;
  13. By installing this app, all user parties agree that that they have read these terms and conditions, and that where applicable to them, all user parties agree to these terms and conditions fully and without reservation.
  14. If any provision of these terms and conditions should be wholly or partially invalid, unenforceable or unlawful, then these terms and conditions shall be severable in respect of the provision in question and the remaining provisions of these terms and conditions shall remain in full force and effect.

Permits

The driver warrants that the operator has the required legal authority to operate the vehicle.

The driver warrants that the vehicle is roadworthy and shall be roadworthy at all times during the use of this app by the driver, for the vehicle.

The driver and the operator warrant that the required legal authority is valid and in force.

The driver and operator agree to comply with the Act and with all the traffic regulations relevant to them as determined by location.

Hailer undertakes to take reasonable steps in order to verify the authenticity of all documents supplied by the driver in the driver"s for registration to use this app.

The driver undertakes to immediately stop using this app should the required legal authority lapse, become revoked or cease to be valid for any reason whatsoever.

Suspension of registration and Inspection

Hailer reserves the right to suspend use of this app by the driver, temporarily or permanently, should there be reasonable grounds to suspect that:

  • the app is being used contrary to the law;
  • use of this app by the driver or the operator will endanger the passenger or anypotential passenger; or
  • Use of this app by the driver or the operator will tarnish the reputation or goodwill of Hailer.

The driver agrees to allow Hailer to perform a random inspection of the vehicle should there be reasonable reason to suspect that the vehicle may be unroadworthy. The driver agrees to present to a positively identified representative of Hailer, upon demand by Hailer, a vehicle and/or the vehicle"s original roadworthy certificate within 24 hours of being requested thereto at the driver"s physical address.

All user parties agree that roadworthiness of the vehicle is the responsibility of the driver at all times.

Personal Information

All user parties agree that allow Hailer to communicate personal information to third parties on a need-to- know basis for purposes of statistics or further development of this app or other apps or electronic platforms which hailer is involved with.

In all cases, Hailer undertakes to bind the third parties to keep personal information private.

Hailer will however comply with any legal obligation to disclose personal information.

Cancellations

The passenger agrees to pay the driver the stipulated fare on the system.

Hailer is empowered by the Consumer Act to impose a reasonable charge on the passenger for cancellation of a booking.

Cancellation of a booking within the first five minutes of confirmation of the booking shall be without charge.

Cancellation of a booking after five minutes but before the arrival of the driver will attract a charge of R25.

Cancellation of a booking when or after the arrival of a driver will attract a charge of R25 for HailerEco, R40 for HSupreme and R50 for HailerSUV

Payments to Hailer

The driver undertakes to pay Hailer between 10-13% of an agreed upon fare with the passenger.

Payments to Driver

The passenger undertakes to pay the driver through debit card, credit card or cheque cards the stipulated fare in full.

Indemnity

All user parties agree that except in cases of gross negligence, Hailer shall be blameless should any injury, whether physical, non-patrimonial or patrimonial, arise from using this app.

All user parties agree that Hailer shall be blameless should any injury, whether physical, non-patrimonial or patrimonial, arise from misrepresentation by the driver or the operator with regards to the driver or the operator"s driving ability, identity, authority to operate a vehicle or a vehicle transporting passengers, or any other material misrepresentation, whether intentional or unintentional, relating to the suitability of the driver or the operator to lawfully transport the passenger.