Ridesly

Terms of Service

Welcome to Ridesly! These Terms of Service (“Terms”) are a legally binding agreement between you and Ridesly, governing your use of the Ridesly mobile application and all related services (collectively, the “Ridesly Platform”).

By downloading, installing, accessing, or using the Ridesly Platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines. If you do not agree to these Terms, you may not use the Ridesly Platform.

These Terms are designed to ensure a safe, reliable, and fair experience for everyone in the Ridesly community in Eswatini.

1. Your Agreement with Ridesly

These Terms, along with our Privacy Policy and Community Guidelines, form the complete agreement between you and Ridesly. We may update these Terms from time to time to reflect changes in our services, technology, or legal requirements. We will notify you of any significant changes, and your continued use of the Ridesly Platform after such notification means you accept the updated Terms. 1

2. What Ridesly Does (and Doesn’t Do)

Ridesly is a technology platform that connects riders seeking transportation with independent drivers who offer ride-sharing services. We facilitate the connection, booking, and payment process.

Important:

  • Ridesly does NOT provide transportation services. The actual ride-sharing service is provided directly by the independent driver to the rider. Each trip you book through Ridesly forms a separate agreement between you and the driver. 2
  • Drivers are independent contractors, not employees or agents of Ridesly. This means drivers operate their own businesses, set their own hours, and decide which ride requests to accept. Ridesly does not control their work or their vehicle. 1

3. Your Ridesly Account

To use most features of the Ridesly Platform, you must create and maintain an active user account.

3.1. Eligibility

  • You must be at least 18 years old, or the age of legal majority in Eswatini, to create an account and use the Ridesly Platform. 1
  • You must have the legal right and authority to enter into this Agreement and fulfill its obligations. 2
  • If your account has been temporarily or permanently deactivated by Ridesly, you are not eligible to use the Platform. 2

3.2. Account Creation and Information

  • When you register, you agree to provide accurate, current, and complete personal information, including your full name, email address, mobile phone number, and a valid payment method. 6
  • You may be required to provide identity verification, such as a national ID or driver’s license, to ensure compliance and safety. 6
  • You are responsible for keeping your account information accurate and up-to-date. Failure to do so, including having an invalid payment method, may affect your ability to use the services or result in account termination. 6

3.3. Account Security and Responsibility

  • You are solely responsible for maintaining the security and secrecy of your account username and password. 6
  • You are responsible for all activity that occurs under your account. 6
  • You may only possess one Ridesly account. 1
  • You may not allow other persons to use your account. 1

3.4. Account Suspension and Termination

Ridesly reserves the right to suspend or terminate your account if you violate these Terms, our Community Guidelines, or any applicable laws. 8 We will retain certain information after account deletion for legitimate business purposes or to comply with legal obligations, as detailed in our Privacy Policy. 10

4. Your Conduct and Prohibited Activities

To ensure a safe and respectful community, you agree to abide by these rules:

4.1. Acceptable Use

  • You must comply with all applicable laws and regulations, including traffic laws, when using the Ridesly Platform. 5
  • You agree to act safely, respectfully, and positively towards other users (drivers and riders). 5
  • You will not cause nuisance, annoyance, inconvenience, or property damage to drivers or any other party. 6

4.2. Prohibited Activities

You agree NOT to:

  • Engage in any illegal activities, such as transporting unlawful or hazardous materials. 2
  • Harass, stalk, threaten, or abuse any person. 2
  • Post fraudulent, libelous, obscene, profane, sexually oriented, or illegal content. 2
  • Interfere with or disrupt the Ridesly Platform or its servers. 2
  • Infringe upon any third-party rights, including intellectual property or privacy rights. 2
  • For drivers: Offer trips for hire, reward, or profit, as this may invalidate your insurance. Ridesly is for cost-sharing only. 11
  • Misuse the platform, such as changing destinations to abuse pricing or consistently canceling requests after acceptance. 5
  • Attempt to gain unauthorized access to any part of the Ridesly Platform. 12
  • Copy, modify, distribute, sell, or exploit any part of the Ridesly Platform without our express written permission. 6

4.3. Consequences of Violations

Violation of these rules may result in warnings, temporary suspension, or permanent deactivation of your account and loss of access to the Ridesly Platform. 8

5. Payments, Fares, and Cancellations

5.1. Charges

Using Ridesly services may result in charges (“Charges”) to you. These Charges include:

  • Fares: The price for your ride, which may be quoted upfront or calculated based on time and distance (variable fare). 2
  • Fees: Service fees, tolls, surcharges, and applicable taxes. 1
  • Tips: Optional tips for your driver, which are passed on entirely to them. 2

Ridesly determines and may modify pricing. You are responsible for reviewing the price quote within the app and for all Charges incurred under your account. 1 If your destination or route significantly changes during a trip, a quoted fare may be canceled and converted to a variable fare. 2

5.2. Payment Method: MTN Mobile Money

All payments and withdrawals on the Ridesly Platform will be predominantly processed using MTN Mobile Money. By using Ridesly, you consent to the processing of your payments and withdrawals through MTN Mobile Money. You agree to be bound by the terms and conditions of MTN Mobile Money, which may be updated from time to time. Ridesly may replace its payment processor without prior notice to you. 2

5.3. Cancellations

  • You may cancel a ride request through the Ridesly Platform. 2
  • A cancellation fee may apply if you cancel a ride after a certain timeframe (e.g., a fee if you cancel after 60 seconds from placing the request). 2
  • Cancellation policies and associated fees will be clearly displayed in the app. 2

5.4. Refunds

Generally, all Charges are non-refundable, except where explicitly required by Eswatini law. This no-refund policy applies regardless of your decision to stop using the Ridesly Platform or any disruption to the service. 1 Please note that the 7-day cooling-off period for digital content under Eswatini’s Consumer Protection Regulations 14 applies only to the digital application itself or any digital subscriptions, not to the instantly consumed transportation service.

6. Intellectual Property

  • Ridesly’s Ownership: All intellectual property rights in the Ridesly Platform, including its software, design, content, logos, trademarks, and unique features, are owned by Ridesly. 8
  • Your Content: By posting content on the Ridesly Platform (e.g., comments, ratings, profile photos), you grant Ridesly a license to use this content for its business purposes, such as displaying it on your public profile or for service improvement. 1 You agree not to post any defamatory, misleading, offensive, or infringing content. 11

7. Data Storage and Privacy

Your privacy is paramount to us. The collection, use, processing, storage, and safeguarding of your personal information are governed by our comprehensive Privacy Policy, which is an integral part of these Terms. We encourage you to read it carefully. 15

By using the Ridesly Platform, you consent to the collection and processing of your data as described in our Privacy Policy. This includes:

  • Location Data: We collect your device’s precise location when you use the Ridesly app, including when it’s running in the background during a trip, for purposes like matching, navigation, safety, and service improvement. 10
  • Data Storage Location: Your user data is stored securely on Google Cloud servers located in the Africa-South region (Johannesburg). This means your data may be transferred to and stored in South Africa. Ridesly ensures that adequate data protection measures are in place for such transfers, in compliance with the Eswatini Data Protection Act 5 of 2022, which permits data transfers within SADC Member States under certain conditions. 18
  • Your Rights: The Eswatini Data Protection Act 5 of 2022 grants you significant rights over your personal data, including the right to access, rectify, erase, and object to its processing. Details on how to exercise these rights are provided in our Privacy Policy. 18

8. Disclaimers and Limitation of Liability

  • “As Is” Service: The Ridesly Platform is provided “as is” and “as available.” We do not guarantee uninterrupted service, specific results, or that the platform will always be error-free. 9
  • Data Accuracy: While we strive for accuracy, location data is for basic purposes only and should not be relied upon for precise navigation. 1
  • Third-Party Services: Ridesly may provide links to or enable access to third-party services (e.g., payment processors). We are not responsible for these third-party services or their actions. 9
  • No Responsibility for Driver Actions: As drivers are independent contractors, Ridesly is not responsible for their actions or inactions. 1
  • Limitation of Liability: To the fullest extent permitted by Eswatini law, Ridesly will not be liable for any incidental, special, exemplary, punitive, consequential, or indirect damages arising from your use of the Ridesly Platform or services. Our financial responsibility will be limited as specified in these Terms. 9

9. Governing Law and Dispute Resolution

9.1. Governing Law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Eswatini. 8

9.2. Dispute Resolution

We encourage you to contact us directly to resolve any issues. We are committed to fair and efficient dispute resolution.

  • Step 1: Internal Complaint Handling: If you have a complaint, please first contact Ridesly’s customer support through the app or our official website. We are obligated to address and respond to your complaints within a reasonable timeframe (ideally within five days) and free of charge. 14
  • Step 2: Eswatini Competition Commission (ESCCOM) / Alternative Dispute Resolution (ADR): If you are not satisfied with our internal resolution, you have the right to escalate your complaint to the Eswatini Competition Commission (ESCCOM). The ESCCOM offers a free, accessible, and impartial Alternative Dispute Resolution (ADR) mechanism. 14
  • Step 3: Judicial Remedies: You retain the right to seek judicial remedies through the courts of Eswatini as a final recourse. 25

10. Children’s Privacy

Ridesly’s services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If we discover that personal information from a child has been inadvertently collected, we will take steps to promptly delete such information. 15

11. Changes to These Terms

We may update these Terms periodically. We will post any changes on this page and, where appropriate, notify you directly through the app or email. Your continued use of the Ridesly Platform after any such changes constitutes your acceptance of the revised Terms.

12. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service or Ridesly’s practices, please contact us through the dedicated support channels available within the Ridesly application or via the official contact information provided on our website.