Terms and Conditions

1. INTRODUCTION

1.1. These Terms and Conditions ("Terms") govern your use of the Scholar Rides school transport service ("Service") operated by AFRO NALA (Pty) Ltd, Registration Number: 2020/484003/07 ("Company", "we", "us", "our").

1.2. Our registered address is: 1853 UMKONDO STREET, JOHANNESBURG, SENAOANE, SOWETO, 1818, South Africa.

1.3. By registering for, accessing, or using the Scholar Rides platform and services, you ("User", "Parent", "Rider", "Driver") agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

1.4. These Terms constitute a legally binding agreement between you and AFRO NALA (Pty) Ltd.

2. DEFINITIONS

2.1. "Service" means the school transport booking and management platform operated by AFRO NALA (Pty) Ltd.

2.2. "Rider" or "Parent" means a person who books transport services for a child or children.

2.3. "Driver" means an independent contractor providing transport services through the Scholar Rides platform.

2.4. "Child" means the minor child or children for whom transport services are booked.

2.5. "Contract" means a transport service agreement entered into between a Rider and a Driver through the Scholar Rides platform.

2.6. "Subscription" means the recurring payment arrangement for transport services.

3. NATURE OF SERVICE

3.1. Scholar Rides operates as an intermediary platform connecting Riders with independent Driver contractors. We do not directly provide transport services.

3.2. We facilitate the booking, payment processing, and management of school transport services but are not a party to the transport contract between Riders and Drivers.

3.3. All transport services are provided by independent Driver contractors who are not employees, agents, or representatives of AFRO NALA (Pty) Ltd.

4. USER REGISTRATION AND ACCOUNT

4.1. To use our Service, you must:
(a) Be at least 18 years of age;
(b) Provide accurate, current, and complete information;
(c) Maintain and update your information to keep it accurate;
(d) Maintain the security of your account credentials;
(e) Accept responsibility for all activities under your account.

4.2. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device.

4.3. We reserve the right to refuse service, terminate accounts, or cancel contracts at our sole discretion.

5. DRIVER VERIFICATION AND QUALIFICATIONS

5.1. While we conduct background checks and verification of Drivers, we do not guarantee the qualifications, character, or conduct of any Driver.

5.2. Drivers are independent contractors responsible for their own licensing, insurance, vehicle maintenance, and compliance with all applicable laws and regulations.

5.3. We are not liable for any Driver's failure to maintain proper licensing, insurance, or vehicle standards.

6. BOOKING AND CONTRACT FORMATION

6.1. A transport contract is formed when:
(a) A Rider submits a transport request;
(b) A Driver accepts the request; and
(c) Both parties electronically sign the contract through our platform.

6.2. Once a contract is signed, it is binding and subject to our cancellation policy.

6.3. All contracts are subject to these Terms and any additional terms specified in the individual contract.

7. PAYMENT TERMS

7.1. Payment for services is processed through our secure payment gateway (Paystack).

7.2. Payments are processed on a subscription basis as specified in your contract (monthly, weekly, or as agreed).

7.3. All prices are in South African Rand (ZAR) and are inclusive of VAT where applicable.

7.4. You authorize us to charge your selected payment method for all fees and charges associated with your use of the Service.

7.5. If payment fails, we reserve the right to suspend or terminate your service immediately.

7.6. All fees are non-refundable except as expressly stated in our Refund Policy.

8. SUBSCRIPTION AND RECURRING PAYMENTS

8.1. By signing a transport contract, you agree to automatic recurring payments according to the payment terms specified in your contract.

8.2. Subscriptions will continue automatically until cancelled in accordance with the cancellation terms.

8.3. You may cancel your subscription by providing written notice as specified in your contract (typically 30 days' notice).

8.4. Cancellation does not entitle you to a refund for services already rendered or for the current billing period.

9. SERVICE DELIVERY AND RESPONSIBILITY

9.1. Drivers are solely responsible for:
(a) The safe operation of their vehicles;
(b) Compliance with all traffic laws and regulations;
(c) Maintaining valid driver's licenses and permits;
(d) Maintaining adequate insurance coverage;
(e) The safety and well-being of children during transport.

9.2. We are not responsible for:
(a) Delays caused by traffic, weather, or other circumstances beyond our control;
(b) Driver conduct, behavior, or decisions;
(c) Vehicle breakdowns or mechanical failures;
(d) Accidents or incidents during transport;
(e) Loss or damage to personal property.

9.3. Parents/Riders are responsible for:
(a) Ensuring children are ready for pickup at the scheduled time;
(b) Providing accurate pickup and drop-off addresses;
(c) Ensuring children's safety while waiting for transport;
(d) Informing us of any special needs, medical conditions, or requirements;
(e) Ensuring children comply with safety rules and Driver instructions.

10. LIMITATION OF LIABILITY

10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFRO NALA (PTY) LTD, ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

(a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
(b) LOSS OF PROFITS, REVENUE, DATA, OR USE;
(c) PERSONAL INJURY OR DEATH;
(d) PROPERTY DAMAGE;
(e) EMOTIONAL DISTRESS;
(f) ANY CLAIMS ARISING FROM OR RELATED TO THE USE OF OUR SERVICE OR TRANSPORT PROVIDED BY DRIVERS.

10.2. Our total liability, if any, shall not exceed the amount paid by you for services in the 12 months preceding the claim.

10.3. We are not liable for any acts, omissions, negligence, or misconduct of Drivers, who are independent contractors.

10.4. We do not provide insurance coverage for transport services. Any insurance claims must be directed to the Driver's insurance provider.

11. INDEMNIFICATION

11.1. You agree to indemnify, defend, and hold harmless AFRO NALA (Pty) Ltd, its directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:
(a) Your use of the Service;
(b) Your breach of these Terms;
(c) Your violation of any law or rights of a third party;
(d) Any content you provide;
(e) Any incident involving your child during transport.

12. CANCELLATION POLICY

12.1. Riders may cancel contracts by providing written notice as specified in the contract (typically 30 days' notice).

12.2. Drivers may cancel contracts subject to the terms specified in their contract.

12.3. Early termination fees may apply as specified in your contract.

12.4. We reserve the right to cancel or suspend services immediately for:
(a) Non-payment;
(b) Violation of these Terms;
(c) Safety concerns;
(d) Fraudulent activity;
(e) Any reason we deem necessary to protect our interests or the safety of users.

13. FORCE MAJEURE

13.1. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
(a) Natural disasters;
(b) War, terrorism, or civil unrest;
(c) Government actions or regulations;
(d) Pandemics or health emergencies;
(e) Strikes or labor disputes;
(f) Internet or telecommunications failures;
(g) Acts of God.

14. INTELLECTUAL PROPERTY

14.1. All content, trademarks, logos, and intellectual property on the Scholar Rides platform are owned by AFRO NALA (Pty) Ltd or our licensors.

14.2. You may not copy, reproduce, distribute, or create derivative works from our platform without written permission.

15. PRIVACY

15.1. Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

16. DISPUTE RESOLUTION

16.1. Any disputes arising from these Terms or the Service shall be resolved through:
(a) Good faith negotiation;
(b) Mediation if negotiation fails;
(c) Binding arbitration in accordance with the Arbitration Foundation of South Africa rules;
(d) Jurisdiction: South African courts, specifically the High Court of South Africa, Gauteng Division.

16.2. You waive any right to participate in class action lawsuits.

17. MODIFICATIONS TO TERMS

17.1. We reserve the right to modify these Terms at any time.

17.2. Material changes will be notified to you via email or through the platform.

17.3. Continued use of the Service after changes constitutes acceptance of the modified Terms.

18. SEVERABILITY

18.1. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

19. ENTIRE AGREEMENT

19.1. These Terms, together with your contract and our Privacy Policy, constitute the entire agreement between you and AFRO NALA (Pty) Ltd.

20. CONTACT INFORMATION

20.1. For questions about these Terms, contact us at:
Email: support@scholarrides.co.za
Address: 1853 UMKONDO STREET, JOHANNESBURG, SENAOANE, SOWETO, 1818, South Africa

21. GOVERNING LAW

21.1. These Terms are governed by the laws of the Republic of South Africa.

By using Scholar Rides, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.