Terms and Conditions

By signing up to use our Go-Go application (App) you agree to be bound by these terms and conditions as updated by time to time. You will be notified of these updates and if you accept these terms and conditions and continue to use the App, you will be bound by the updated terms and conditions. These terms and conditions are personal to you and you will not be able to cede, delegate and/or assign any of your rights and/or obligations to any third party without our prior written consent which may be withheld in our sole and absolute discretion.

Processing of Personal Information (POPI)

To use the App, you need to be at least 18 years old and we need to process the personal information that you provide to us upon registration including, but not limited to, your name, address, cell phone number, age, and a valid payment method (either credit card or accepted payment partner). You are able to check on this information that we have for you by clicking on the “profile” tab in the App. Should any of your details change, please update them as soon as possible as if your details are incorrect e.g. your payment details, you may not be able to access the App to call a taxi when you need it most. In addition, you will be using the App to arrange for taxi transport from the point of collection (chosen by you) to the drop-off point (selected by you). We will be tracking your trip via your cell phone as well as getting your feedback via the rating tool at the end of the App. We will need to keep that personal information that you have provided us with and consented to giving us by continuing to use the App for billing and other purposes and will be required to keep that personal information for no more than 7 years following the date on which you used the App to ensure that if the South African Revenue Services (SARS) or your credit company or even you have any queries, we are able to provide all these parties with the requisite information. We may also use the data generated by the App based on the trips you have planned via the App to send you targeted advertising and to determine whether we can provide you with any additional value-added services as the Go-Go suite of services grows. We may over time de-identify your personal information and use it for analytical and statistical purposes. You agree to allow us to process your information for all the above reasons. You can opt out of the marketing of products and services at any time but you are aware that if you do so, there may be a small additional charge that is added to the cost of your trips as we may use advertising revenue to subsidise some of our App’s operating costs. We will only process your personal information when reasonable and as and when required so that you benefit from the App. If you do not want us to continue to process your personal information, you are entitled to deregister as a user of the App. We will then only retain your personal information for historical purposes on the basis specified above and will either de-identify your personal information so that there is nothing linking you specifically to that data or delete it completely. At any time, if you object to our processing your personal information, we will cease to do so but that will also mean that you will no longer be able to use the App going forward and you will need to deregister as a user of the App, in which case the process outlined above will apply. Whilst we have your data, we will ensure that we and third parties that we contract with (Operators) conclude operating agreements, that we implement reasonable technical and organisational safeguards to protect your personal information and that we notify you either directly via your contact details, via our website, via the App and/or via the website of the Information Regulator of any data security breach; advising you how your data has been compromised and what steps we have taken to mitigate that breach.

Use of the App

You understand that we do not operate taxi services. Instead, all we provide is an App that is used to arrange for taxi transportation on your behalf. Taxi operators that have taxis close to your location are then alerted of your planned trip and the end destination as well as the number of passengers and taxi drivers can then accept your trip. Once they have accepted the trip, a contract is created between you and the taxi operator/driver and all that the App does is to allow you to rate the service you receive. In certain circumstances, we may also arrange the payment of the taxi driver if you have selected one of our payment service providers to make the payment to the taxi driver so that you may travel in a cashless environment. If anything happens to you whilst on a trip arranged via our App, we will not accept liability of any kind. We do not verify and/or vouch for any taxi operator and/or taxi driver. It is ultimately your responsibility, as a responsible adult, to decide whether to get into any taxi which you have called via the App and you always have the right to refuse to use a taxi called by the App and to cancel the trip and call another taxi if you have any concerns (safety or otherwise) with regards to the taxi operator/driver or vehicle that arrives at your chosen collection point. You are strongly advised to keep your loved ones informed of your trip progress via WhatsApp or some form of notification (including pinning your live location).

Network access

You can only access the App via a data network and we are not responsible for any costs that you incur by using your cell phone service provider’s data network to access our App. We also cannot guarantee that the network will be available everywhere that you are travelling or at your desired collection point or delivery point. This is dependent on your service provider’s network as well as whether, for example, there is electricity to power the cell phone masts that provide access to your service provider’s network. We cannot take responsibility for the uptime of your service provider’s network or whether you have sufficient data available to use our App.

Devices

Our App may not work on every device and you will be responsible for ensuring that your device works using our App. If your device does not, then we have no responsibility for your not being able to access our App or any of the services offered via our App.

App security

It is your responsibility to make sure that you have created a secure username and password and that you keep this a secret and do not let anyone else use your account without your consent. If you fail to do this and give someone else access to your account or allow them to use the App on your behalf, you are liable for any losses or damages that you sustain and you will have no claim whatsoever against us.

License

By downloading the App from the App Store (for Apple Inc), the Play Store (for Android devices) or via a Microsoft Windows or Blackberry device, we grant you a limited non-exclusive, non-sublicensable, non-transferable, revocable license to access the App and the services that are made available on the App from time to time. You agree to only use the App for personal, non-commercial use. The App is our intellectual property and you agree not to do anything to erode our intellectual property or other ownership rights in and to the App including, but not limited to, removing any proprietary notices, reproducing, modifying or creating derivative works based on our App or to (or attempt to) distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, decompile, reverse engineer, disassemble, link, mirror or frame or launch any programmes or scripts to scrape, index, survey or otherwise data mine or attempt to gain unauthorised access or impair the App or any of the systems or networks behind the App nor will you attempt to run a bureau service for commercial gain using our App. We run regular diagnostics on our App and if we identify or suspect you of doing any of these things, without prejudice to any other rights that we may have in law or in terms of these terms and conditions, we reserve the right to block you from using the App for any reason.

Payment for the use of our App

We collect payment for the use of our App from the taxi driver/operator that transports you from your selected collection point to your selected delivery point. This may mean that you pay a slight premium on the costs of normally travelling by taxi but you acknowledge that we need some form of payment to continue to ensure the availability of the App and to provide the convenience associated with the use of the App. As our service offering via the App increases, we may need to use pay other third parties for their contributions and you acknowledge that neither those third-party service providers nor we can continue to provide you with those services and the App without compensation. Our charges may change from time to time as and when required and, before you call a taxi or use a service provided via our App, you will be provided with either those exact costs or an estimate of our costs. You can then either accept those costs or that estimate by continuing with the transaction or decline the transaction, in which case you will not incur those charges.

Limitation of liability

As we have outlined above, by using the App you agree that we are only a platform for calling a taxi and we are not taxi drivers/operators. We cannot guarantee that by using the App, there will be taxis available close to your collection and/or delivery point and in no way do we provide any warranties regarding our App which is provided on an “as-is” and “when available” basis. No implied warranties of merchantability, fitness for purpose, reliability, timeliness, quality, or suitability are provided and you use the App on the basis as outlined in these terms and conditions. By accepting these terms and conditions and continuing to use the App, you agree to use the App subject to these limitations.

As mentioned, we are not responsible for the conduct of the taxi driver/operator or of the state of the vehicle that you travel in and you remain the person who decides whether to use a taxi driver/operator or get into a vehicle at your own risk.

Accordingly, you indemnify and hold us harmless from all losses or damages sustained by you or any third party and whether arising in contract, delict, on a strict liability basis or otherwise.

Dispute resolution

Should any dispute arise between us arising from your use of the App, you will notify us in writing at info@gogotech.today. Within 14 days of the date of your email notification, we will contact you to further understand your dispute. If there is any responsibility on our part, we will deal with it either in terms of applicable legislation e.g. POPI Act or we will call a meeting between our representative and yourself to discuss the matter and try and iron out any issues. If we are unable to resolve the dispute within 14 days of that meeting or such further period as we may in writing agree, the matter shall be referred either to an independent expert nominated by us alternatively we will refer the matter to arbitration in terms of the Expedited Commercial Rules for the Arbitration Foundation of Southern Africa (AFSA) or its successor with the aim being of resolving the dispute as soon as possible through confidential arbitration proceedings via an arbitration notice that will interrupt extinctive prescription as contemplated in the Prescription Act 68 of 1969. Only you and us and both our legal representatives shall be entitled to attend the arbitration. Nothing in this clause shall prevent either you or us seeking urgent interim relief from a court of competent jurisdiction. By agreeing to these terms and conditions, you irrevocably and unconditionally agree to be bound by the provisions of this dispute resolution clause and to be bound by the determination of the arbitrator subject to the Expedited Commercial Rules of AFSA.

Governing law

These terms and conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Whole agreement

These terms and conditions as updated from time to time constitute the whole agreement between you and us and no warranties or representations not contained in these terms and conditions shall be binding on either of us.

Severability

If any of the provisions of these terms and conditions are enforceable for whatever reason (including illegality), the offending provision will be struck from these terms and conditions and the remainder of these terms and conditions shall continue to apply.

Database

We will maintain a record of the dates and times when you have accepted these terms and conditions and any updates or variations and we will provide you with a copy of this information on written request.