CAB LINKS PTY LTD
1. Service Relationship
a. Cab Links Pty Ltd, here referred as Cablinks, our services comprises of mobile applications and related services, which enables users to arrange and schedule transportation, logistics or delivery service and or to purchase certain goods, including with third party providers such services and goods under agreement with CabLinks, here named “Third party providers”. In simply terms we call this ehailing, some may call it taxi-hailing. In certain instances, the services may also include an option to receive transportation, logistics and or delivery services from an upfront price that will be payable on delivery, subject to acceptance by the respective third party providers, unless otherwise expressly agreed by CabLinks in a separate written agreement with you, the service is solely for personal not commercial use.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and CabLinks. Decline to these terms, may lead you denied access or use of the Services. These terms expressly supersede prior agreements or arrangements with you. We may immediately terminate or amend these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. We may issue temporary or supplemental terms to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be available for your perusal for any service. Supplemental terms are in addition to, and shall be deemed as part of, the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services. You acknowledge that portions of the platform may be made available under CabLinks’s options associated with transportation or logistics, including the transportation request brands currently referred to as “Standard,” “Premium,” and “Ambulance Links”.
b. In the light of the above, you acknowledge that your ability to obtain transportation, logistics and or delivery services through the use of the services does not establish Cablinks as a provider of transportation, logistics or delivery services or as a transportation carrier.
c. All correspondences will be done either through our nearest offices otherwise must be directed to our registered office. Cablinks is a private limited company, registered in terms of South African laws, registration number: 2019/107071/07, Registered Address: 739 Corlett Drive, Witpoortjie, 1724. Email Address: [email protected]
2. License and rights
a. CabLinks, grants you, subject to your compliance with these Terms, a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. CabLinks and its licensors reserves the rights not expressly granted herein.
b. You may not:
(i) launch any programs to impair an operations, or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and or functionality of any aspect of the Services;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services except as expressly permitted by CabLinks;
(iii) unless there is an applicable laws, decompile, reverse engineer or dis-assemble the services;
(iv) connect to, mirror or frame any portion of the services;
(v) shadow any copyright, trademark or other proprietary notices from any portion of the platform or
(vi) attempt to gain unauthorized access to or disable any aspect of the services or its related systems or networks.
(vii) send malicious information to other users.
3. Third Party Services and Content.
4. Your Use of the Services
a. User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account “account”. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to CabLinks certain personal information, such as your name, address, mobile phone number and or age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the platform or CabLinks may terminate some of these terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by CabLinks in writing, you may only possess one Account.
b. User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes e.g., no transport of unlawful or hazardous materials. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
c. Text Messaging and emails
Once an account is created, you agree that the Services may send you text (SMS) or email messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) or email messages from CabLinks at any time. You acknowledge that opting out of receiving text (SMS) or email messages may impact your use of the Services.
d. Promotional Codes
Cablinks may, on its sole discretion, may create promotional codes that may be redeemed for account credit, or other features or benefits related to the services and or a Third Party Provider’s services, subject to any additional terms that Cablinks establishes on a per promotional code basis “Promo Codes”. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Cablinks; (iii) may be disabled by Cablinks at any time for any reason without liability to Cablinks; (iv) may only be used pursuant to the specific terms that Cablinks establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Cablinks reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Cablinks determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
e. User Provided Content
On Cablinks’s sole discretion, you may be permitted from time to time to submit, upload, publish or otherwise make available to Cablinks through the Services textual, audio, and or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions “User Content”. Any User Content provided by you remains your property. However, by providing User Content to us, you grant Cablinks a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cablinks’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cab links the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cablinks’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cablinks in its sole discretion, whether or not such material may be protected by law. Cablinks may, but shall not be obligated to, review, monitor, or remove User Content, at its sole discretion and at any time and for any reason, without any written notice.
f. Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cablinks does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
a. Services may result in charges to you for the services or goods you receive from a Third Party Provider. After you have received services or goods obtained through your use of the Service, Cablinks will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Cablinks. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Cablinks will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately after delivery of service and payment will be facilitated by Cablinks using the preferred payment method designated in your account, after which Cablinks will send you a receipt on your shared platform. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Cablinks may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
Cablinks reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the services at any time in Cablinks’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during odd times and or of high demand. Cablinks may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment is structured to fully compensate the Third Party Provider for the services or goods provided.
You may, at your own discretion provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
b. Other running costs and fees,
In case of accidents or damages that may be caused by you to the third party provider, or vice versa, you shall be responsible for the cost of repairs for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning “Repair or Cleaning”. In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Cablinks’s reasonable discretion, Cablinks reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your account. Such amounts will be transferred by Cablinks to the applicable Third Party Provider and are non-refundable or to the part who claims compensation thereof.
6. Lost Property
a. By signing up for this account, you agree that it is your responsibility to ensure that you remove your property from the vehicle of a “Third Party Provider” when disembarking. Should you leave your property in the vehicle of a “Third Party Provider”, the Third Party Provider may hand over your property to you directly or to the nearest Cablinks local service entity.
b. Whilst its common and expected that you may expect Third Party Providers to hand over your property to you, or to the offices of Cablinks or the Cablinks local service entity, Cablinks shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Above all, Cablinks shall not be liable for the loss or damage to your property whilst it is in transit.
c. Whilst Cablinks, local service entity will take reasonable steps to establish the owner of property left in a Third Party Provider’s vehicle if returned to the offices of Cablinks, when your property is in Cablinks’s local service entity’s possession, you understand and agree that: (i) Your property can be kept for a limited period of time not exceeding 90 days. (ii) should you fail to collect your property from Cablinks within specified time, Cablinks’s local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever there-after.
7. Disclaimers; Limitation of Liability; Indemnity.
The services are provided voetstoots (as is) and as available. Cablinks disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, while Cablinks will make all responsible all measures to meet your requirements, no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Cablinks does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable laws to any given region or country.
b. Limitation of liability
Cablinks shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Cablinks has been advised of the possibility of such damages. Cablinks shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Cablinks has been advised of the possibility of such damages. You agree that third party transportation providers providing transportation services requested through some request brands may offer ride sharing transportation services and may not be professionally licensed or permitted. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable laws in any given region or country.
By signing up, you agree that you will use this account in such a way that you will indemnify and hold Cablinks and its officers, directors, and agents harmless from any and all claims, demands, losses, liabilities, and expenses including legal fees arising out of or in connection with your use of the platform and or breach of any of the terms herein, and above all your use of third party providers.
8. Governing Law
All of us live within the boundaries of laws, any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the South African Laws before it is taken to International Chamber of Commerce Mediation Rules “ICC Mediation Rules”.