Terms of Service

§1 Scope of Applicability and Eligibility

These General Terms and Conditions govern the contractual relationship between UbuntuRide, UbuntuRide (Pty) Ltd (in formation), represented by CEO TBA, and users. UbuntuRide provides its services on the basis of these Terms and Conditions exclusively.

Age Requirement: You must be at least 18 years old to register for and use this service. By registering, you confirm that you are 18 years or older and have the legal capacity to enter into this agreement.

Company Address:
UbuntuRide (Pty) Ltd (in formation)
Windhoek, Namibia
Contact Us

§2 Subject Matter

The contractual relationship materialises upon the confirmation of UbuntuRide after registration. The subject matter is the use of an Internet platform for the offering and the mediation of opportunities to travel as a car passenger (hereinafter: ridesharing opportunities).

In this connection UbuntuRide provides a platform for users to present their offers, whereby UbuntuRide assumes the mediation of the ridesharing opportunities solely from a technical aspect. UbuntuRide shall not be responsible for the carrying out of the mediated journeys nor for the developments in the course of the journey; UbuntuRide shall not verify offers nor inquiries.

Ridesharing opportunities establish contractual relations solely between the users. Any rights, duties and claims arising from such ridesharing opportunities exist solely within this contractual relationship. UbuntuRide shall not verify the identity nor the legal capacity of users due to the possibility of online registration. Every user thus acts at their own risk.

§3 Services of UbuntuRide

The subject matter of the services of UbuntuRide is the provision of an Internet platform and the mediation of ridesharing opportunities. Registered users can offer or inquire about ridesharing opportunities via the platform.

UbuntuRide mediates the contractual relationship between the inquiring and offering users by disclosing the communication data of the user making an offer.

Users may submit assessments of the party supplying the ridesharing opportunity which shall not be edited by UbuntuRide. The assessments can also be retrieved by non-registered users.

The use of the UbuntuRide platform is free of charge.

§4 General Obligations of the User

The use of the service is only permitted for private purposes. Each user must store their login data securely to prevent access by third parties and, if unauthorized access is suspected, notify UbuntuRide without undue delay.

The use of the UbuntuRide databases for commercial purposes is prohibited.

Each member shall assess the ridesharing opportunities and notify UbuntuRide of unacceptable quality issues contact us via this form
. UbuntuRide shall be notified of faults or damage to the Internet platform by contacting us via this form.

The service may only be used within legal limits. The user shall not offer, inquire about, or submit assessments concerning any services which infringe the rights of third parties, have contents which are harmful to minors, infringe applicable laws or are misleading, insulting, pornographic, glorify violence or are offensive. The same applies for the carrying out of journeys.

It is prohibited to spread viruses, Trojan horses or other damaging content via the Internet platform of UbuntuRide. Use is prohibited if there is a risk of damage due to telecommunications equipment or other technical facilities.

The user shall indemnify UbuntuRide from all reasonable claims asserted by third parties based on an infringement of their rights in connection with this contract, provided such claims arise from the user's breach of these terms. The user shall bear reasonable costs incurred for legal defence. If requested by UbuntuRide, the user must enable UbuntuRide to defend itself against third party claims at the expense of the user.

Uploading pictures on which the user or their vehicle is not being displayed or which violate copyrights of third parties is prohibited.

§5 Driver Obligations

Every driver shall register separately and give a full and truthful description of all relevant information and give notification of any changes immediately. UbuntuRide shall present drivers in a suitable manner and mediate passengers upon request within the scope of technical possibilities.

Insurance Requirement: Drivers must maintain valid compulsory third-party motor vehicle insurance as required by law in their jurisdiction. Drivers are responsible for ensuring their insurance covers passengers during ridesharing activities.

Vehicle and Legal Requirements: Drivers must ensure their vehicle is roadworthy, properly licensed, and that they hold a valid driver's license. Drivers must comply with all applicable traffic laws and regulations.

Drivers are obliged to describe offers according to the best of their knowledge and belief and to disclose all circumstances, especially regarding the safety of ridesharing opportunities and any other circumstances of importance. Drivers shall observe applicable laws, particularly traffic laws, as well as this contract and amended versions thereof.

Cost-sharing Limitation: The total fare collected from passengers must not exceed the actual costs of the journey. Drivers may not operate as commercial transport services through this platform.

§6 Liability of UbuntuRide

UbuntuRide acts solely as an intermediary platform and shall not be liable for the carrying out, progress and safety of journeys. In particular, UbuntuRide shall not assume liability for damage during journeys based on accidents which occur before, during or after the carrying out of the journey. UbuntuRide does not guarantee any outcomes and shall not be liable for losses, especially due to the lack of operational readiness of the Internet platform or technical facilities.

UbuntuRide shall be liable for intentional conduct and gross negligence. For ordinary negligence, liability is limited to foreseeable damage that is typical for this type of contract. Nothing in these terms limits UbuntuRide's liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

Consumer Rights: For users in South Africa, these liability limitations do not affect your rights under the Consumer Protection Act, including rights to safe goods and services and protection against unfair contract terms.

§7 Liability of Users

Users shall be liable for the improper use of the services, breaches of this contract or other duties. Users shall also compensate for damage caused by co-users or the unauthorized use of their registration data if and to the extent that they are responsible for such use.

Driver Liability: Drivers are fully responsible for the safety of their passengers and must ensure adequate insurance coverage. Drivers bear full liability for any incidents during the journey.

§8 Rights of Use

The user grants to UbuntuRide a non-exclusive, temporally and spatially limited right to use material or contents provided under this contract for the implementation thereof, to reproduce, disseminate and present such content on the platform, to transfer such via digital networks, to process or to modify such content as necessary for platform operation.

Users retain ownership of their content and may revoke these usage rights by deleting their content or account. UbuntuRide may not transfer these rights to third parties without user consent, except to service providers necessary for platform operation.

§9 Data Protection

UbuntuRide shall observe applicable data protection laws, including the Protection of Personal Information Act (POPIA) for South African users. If UbuntuRide utilizes the services of third parties to provide the services it offers, UbuntuRide shall be entitled to pass on user data within the scope of applicable laws and only where necessary to perform the services.

You can find our detailed privacy policy under Privacy.

§10 Consumer Rights (South African Users)

For users in South Africa, the following additional rights apply under the Consumer Protection Act:

• Right to fair, reasonable and accessible services
• Right to safety and quality
• Right to disclosure and information
• Right to fair and responsible marketing
• Right to fair and honest dealing

Any terms in this agreement that conflict with your rights under the Consumer Protection Act shall be void to the extent of such conflict.

§11 Termination

The contract shall run for an indefinite period of time and may be terminated by the user at any time without observing a notice period by deleting the account through the platform. If the deletion function is not available, notice of termination shall be sent via this form.

UbuntuRide may terminate the contract at any time by email by observing a notice period of one week. In the event of material breach of these terms, in particular in the event of violations of §4 or §5, or in the event of reasonable suspicion of unlawful activity, user accounts may be suspended or terminated immediately with reasonable notice.

§12 Dispute Resolution

Mediation and Arbitration: Before pursuing court proceedings, parties agree to attempt resolution through:

1. Mediation: Good faith mediation through a qualified mediator in Windhoek, Namibia
2. Arbitration: If mediation fails, binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), conducted in Windhoek, Namibia

Small Claims: Either party may pursue claims in small claims courts without first engaging in mediation or arbitration.

Consumer Rights: South African users retain the right to approach the National Consumer Commission or provincial consumer protection authorities as provided under the Consumer Protection Act.

§13 Governing Law and Jurisdiction

This contract shall be governed by the laws of the Republic of Namibia. The Namibian courts shall have jurisdiction over any disputes arising from or in connection with this contract, subject to the dispute resolution procedures outlined in §12.

Consumer Protection: For South African users, this choice of law does not override your mandatory consumer protection rights under South African law.

§14 Final Provisions

Should any provision of these Terms of Service be or become invalid, the validity of the remaining provisions shall not be affected thereby. In such case, the parties shall agree upon a valid provision that comes closest to the economic purpose of the invalid provision.

These Terms of Service may be updated from time to time. Users will be notified of material changes via email or platform notification. Continued use of the service after such notification constitutes acceptance of the updated terms.