Terms and Conditions for Passengers
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the TIMO app – technology which connects passengers with drivers to help them move around cities more efficiently.
The term “us” or “we” refers to TIMO Operating under Edipam group a private limited company incorporated and registered under the laws of Republic of South Africa with registration number K2020590785
In order to use TIMO app, you must agree to the terms and conditions that are set out below:
1. Using the TIMO app
1.1 TIMO provides an information society service through TIMO app that enables mediation of the requests for transport services between the passengers and drivers and TIMO does not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. TIMO is not responsible in any way for the fulfilment of the contract entered into between the passenger (you) and the driver. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in the TIMO app and receipts for journeys are sent to the email address listed in passenger’s profile.
1.2 . The passenger (you) enters into a contract with the driver for the provision of transport services via the TIMO app. Depending on the payment options supported for given location of the journey, you can choose whether to pay the driver for the transport service in cash or use TIMO in-App Payment. Payments for TIMO Business rides are handled by a separate agreement for Business journeys. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. If you wish, you may also choose to pay a Tip to the driver directly or via the use of TIMO in-App Payment. We may limit the maximum value of a Tip at our sole discretion.
1.3 During the installation of TIMO app, passenger’s mobile number is linked to the respective TIMO user account and added to our database. If you are no longer using your mobile number, you must notify Bolt within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who when using the TIMO app then may have access to your data.
2. Promotional Codes
2.1 TIMO may send you promotional codes on a per promotion basis. Promotional code credit can be applied towards payment on completion of a ride or other features or benefits related to the service and/or a Third Party’s service and are subject any additional terms that are established on a per promotional code basis. Expiration dates of promo codes will be reflected in-app once you have applied the promo code to your account.
2.2 If your trip amount exceeds the redeemable credit allocated to your ride, the balance will be automatically deducted from your accounts payment method. Similarly, a promotional code credit only applies on a per ride basis and cannot carry over to a next ride/ trip and therefore will be forfeited. Only one promotional code may be applied per trip.
2.3 TIMO reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if TIMO deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
3. TIMO in-App Payment
3.1 Depending on the payment options supported for the given location of the journey, You can pay for the transport services with a card, mobile carrier billing or other payment methods (e.g: TIMO wallet) as and when available through TIMO App. By providing TIMO in-App Payment service, TIMO acts as commercial agent for the providers of the transport services. Every driver has authorised TIMO as their commercial agent for the mediation of conclusion of contracts between the driver and the passenger, including the power to accept payments from the passengers and to forward the payments to the driver. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to TIMO bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
3.2 You may choose to pay a Tip to the driver using the TIMO In-app Payment service. The Tip can be paid via the In-app Payment by means authorised by TIMO for that purpose. TIMO will not hold a commission for the brokerage of the Tip and the Tip will be transferred to the driver in full amount, excluding any taxes, if applicable. Bo reserves the right to withhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used in conflict with Bolt’s Terms and Conditions
3.3 When making payments by TIMO in-App Payment, TIMO receives your payments and forwards money to the driver. TIMO may ask additional data from you to verify payment method.
3.4 When making payments by TIMO in-App Payment for transport services, TIMO is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the TIMO in-App Payment. TIMO is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
3.5 TIMO will be responsible for the functioning of TIMO in-App Payment and provide support in resolving problems. The resolution of disputes related to TIMO in-App Payment also takes place through us. For payment support service please contact: firstname.lastname@example.org. Inquiries submitted by e-mail or TIMO App will receive a response within one business day. TIMO will resolve TIMO in-App Payment related complaints and applications within two business days.
4. Ordering and cancelling transport services
4.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered.
4.2 Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. TIMO does not provide journeys and is not a party to your agreement with the relevant driver.
4.3 Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are required to pay a cancellation fee.
4.4 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g 6 months). After that period you could ask to reactivate your account and your application will be reviewed by TIMO.
4.5 When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within certain time period as specified in the TIMO app, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that TIMO is not responsible for such situations.
4.6 Once the driver arrives and sends you a notification that he/she has arrived the TIMO app may begin charging fare on a waiting time basis according to the rates specified in the TIMO app.
4.7 If you have requested transport services using the TIMO app and cause damage to the driver’s vehicle or its, the driver will have the right to pursue legal claims from you.
5. License to use TIMO app
5.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the TIMO app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the TIMO app. In the event that your right to use TIMO app is cancelled, the corresponding non-exclusive license will also be cancelled.
6.1 As the TIMO app is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of TIMO app for requesting transport services depends on the behaviour of the drivers, TIMO does not guarantee that you will always have offers available for the provision of the transport services.
6.2 The TIMO app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The TIMO app is used as the means for organising the provision of transport services.
6.3 The consumer’s right of refund is not applied to TIMO app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered.
6.4 The TIMO app is provided on an “as is” and “as available” basis. TIMO does not represent, warrant or guarantee that access to TIMO app will be uninterrupted or error free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
6.5 TIMO, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using TIMO app or relying on, the journey contracted for through the TIMO app, including but not limited to:
6.5.1. any direct or indirect property damage or monetary loss;
6.5.2. loss of profit;
6.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
6.5.4. loss or inaccuracy of data; and
6.5.5. any other type of loss or damage.
6.6 You agree to fully indemnify and hold TIMO, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the TIMO app (including the journeys you obtain through your use of the TIMO app).
6.7 TIMO may immediately end your use of the TIMO app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of TIMO or the safety of drivers.
7. Good practice using the TIMO app
7.1 As TIMO is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
7.2 We ask to fill out a feedback form in the TIMO app. This enables us to offer suggestions to the drivers for improving the quality of their service.
7.3 We expect that you use TIMO app in good faith and be respectful of the drivers who offer their services through TIMO app. TIMO retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your TIMO app account may be revoked without prior notice.
7.4 TIMO will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the TIMO app. However, we are in no position to guarantee that every provider of transport services, located by the TIMO app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
8. Amendments to the General Terms and Conditions
8.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or TIMO app notifications. If you continue using TIMO app, you will be deemed to accept the amendments.
9. Final Provisions
The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of Republic of South Africa. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in court. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
General Terms for Drivers
These General Terms set forth the main terms and conditions applying to and governing the usage of the Timo Services. In order to provide Transportation Services via using the Timo Platform you must agree to the terms and conditions that are set forth below.
- Timo (also referred to as we, our) a mobility platform powered by Edipam group a private limited company incorporated and registered under the laws of Republic of South Africa with registration number K2020590785.
- Timo Services – services that Timo provides, including provision and maintenance of Timo App, Timo Platform, In-app Payment, customer support, communication between the Driver and the Passenger and other similar services.
- Timo App – a smartphone application for Drivers and Passengers to request and receive Transportation Services.
- Timo Platform – technology connecting Passengers with Drivers to help them move around cities more efficiently.
- Passenger – a person requesting Transportation Services by using Timo Platform.
- Driver (also referred to as „you“) – the person providing Transportation Services via the Bolt Platform. Each Driver will get a personal Timo Driver Account to use Timo App and Timo Platform.
- Agreement – this agreement between Driver and Bolt regarding the use of Timo Services which consists of:
- these General Terms;
- special terms displayed in Timo App, e.g regarding price info or service descriptions;
- the Drivers guidelines; and
- other terms referred to in this Agreement as may be amended from time to time.
- Fare – the fee a Passenger is obliged to pay Driver for provision of the Transportation Services.
- Timo Fee – the fee that Driver is obliged to pay to Timo for using the Timo Platform.
- In-app Payment – cards, carrier billing and other payment methods used by the Passenger via the Timo App to pay for the Transportation Services.
- Timo Driver Account – access to a website containing information and documents regarding usage of the Timo Services in course of provision of Transportation Services, including accounting documentation. Driver may access the Timo Driver Account by entering username and password.
- Tip-a gratuity offered by the Passenger at their sole discretion in addition to the Fare paid.
1.13 Transportation Services – transport service a Driver is providing to Passenger whose request Driver has accepted through the Timo App.
- ENTRY INTO THE AGREEMENT
- Prior to using the Timo Services, you must sign up by providing the requested information in the mobile application sign up on and uploading necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the „Sign up” button located at the end of the signup application, you represent and warrant that:
- pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Timo Platform for providing the Transportation Service;
- you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;
- all the information you have presented to us is accurate, correct and complete;
- you will keep Timo Driver Account accurate and profile information updated at all times;
- you will not authorize other persons to use your Timo Driver Account nor transfer or assign it to any other person;
- you will not use the Timo Services for unauthorized or unlawful purposes and impair the proper operation of the Timo Services;
- at all times, you fully comply with all laws and regulations applicable in the state you are providing Transportation Services in, including (but not limited to) laws regulating passenger transportation services;
- You are obliged to provide your bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. We are transferring In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong bank requisites.
- After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use Timo Services. These conditions may include providing criminal records, valid driving license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions may result in termination of the Agreement and right to use the Timo Services.
- Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details (as accessible in the Timo Driver Account). In such case, the indicated legal person is considered to be the provider of Transportation Services and a party to these General Terms, Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually provide the Transportation Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES UNDER TIMO ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE DRIVER.
- Registering TIMO Driver Account as a fleet company. Upon concluding a separate agreement, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and
agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
- RIGHT TO USE TIMO APP AND TIMO DRIVER ACCOUNT
- License to use the TIMO App and the TIMO Driver Account. Subject to your compliance with the Agreement, we hereby grant you have a license to use the TIMO App and the TIMO Driver Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so, agreed separately, fleet companies may sub-license the TIMO App and the TIMO Driver Account to the members of its fleet.
- In course of using the TIMO App and/or TIMO Driver Account you may not:
- decompile, reverse engineer, or otherwise attempt to obtain the source code of the TIMO App, the TIMO Driver Account or other software of TIMO;
- modify the TIMO App or the TIMO Driver Account in any manner or form or to use modified versions of the TIMO App or TIMO Driver Account;
- transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations on TIMO Platform;
- attempt to gain unauthorized access to the TIMO App, TIMO Driver Account or any other TIMO Services.
- The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement, you must immediately stop using the TIMO App and the TIMO Driver Account and we are entitled to block and delete Driver account without a prior notice.
- Using tags and labels of TIMO. Additionally, we may give you tags, labels, stickers or other signs that refer to TIMO brand or otherwise indicate you are using the TIMO Platform. We grant you a non-exclusive, non-sublicensable, non- transferable license to use such signs and only for the purpose of indicating you are providing Transportation Services via the TIMO Platform. After termination of the Agreement, you must immediately remove and discard any signs that refer to TIMO brand.
- All copyrights and trademarks, including source code, databases, logos and visual designs are owned by TIMO and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the TIMO Platform or any other TIMO Services you do not acquire any rights of ownership to any intellectual property.
- PROVIDING THE TRANSPORTATION SERVICES
- The Driver’s Obligations. You hereby guarantee to provide Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the state where you are providing Transportation Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing Transportation Services.
- You must have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. TIMO reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
- You must provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavor to perform the Passenger’s request in the best interest of the Passenger. Among else, you (i) must take the route least costly for the Passenger, unless the Passenger explicitly requests otherwise; (ii) may not make any unauthorized stops; (iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and (iv) must adhere to any applicable traffic acts and regulations,
i.e must not conduct any actions that may disrupt driving or the perception of traffic conditions, including holding a phone in his/her hand while the vehicle is moving.
- You retain the sole right to determine when you are providing the Transportation Services. You shall accept, decline or ignore Transportation Services requests made by Passengers at your own choosing.
- Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to,
fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the TIMO App may bring about consumption of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
- Fares. You are entitled to charge a fare for each instance you have accepted a Passenger on the TIMO Platform and completed the Transportation Service as requested (i.e. Fare). The Fare is calculated based on a default base fare, the distance of the specific journey as determined by the GPS-based device and the duration of the specific travel. The default base fare may fluctuate based on the local market situation. In markets with In-app payment, you may negotiate the Fare by sending us a pertinent request that has been either signed digitally or by hand. Additionally, you shall always have the right to charge the Passenger less than the Fare indicated by the TIMO App. However, charging the Passenger less than the TIMO App indicates, does not decrease the TIMO Fee.
- Upfront Fare. A Passenger may be offered to use a ride option that allows the Passenger to agree to a fixed Fare for a given instance of Transportation Service provided by you (i.e. Upfront Fare). Upfront Fare is communicated via the TIMO App to a Passenger before the ride is requested, and to you when the ride is accepted or at the end of the ride. The Fare calculated in accordance with section 4.6 shall be applied instead of Upfront Fare if the Passenger changes the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g. a route is used where tolls apply).
- In markets with In-app payment, if you find that there has been an error in the calculation of the Fare and wish to make corrections in the calculation of the Fare, you must submit a petition in the section „Fare Review“ of the TIMO App. If a petition in the section „Fare Review“ of the TIMO App has not been submitted, then TIMO shall not recalculate the Fare or reimburse you for an error made in the calculation of the Fare. This option is not applicable in markets with only cash payment.
- TIMO may adjust the Fare for a particular order completed, if we detect a violation (such as taking a longer route or not stopping the fare meter of the TIMO App after the Transportation Services have been completed) or in case a technical error affecting the final fare is identified. TIMO may also reduce or cancel the fare in case we have reasonable cause to suspect a fraud or a complaint by the Passenger indicates a violation by you. TIMO will only exercise its right to reduce or cancel the fare in a reasonable and justified manner.
- Passenger may have the option to pay the fare for the Transportation Services either directly to you or via the In-app Payment, in markets where this option is available, as described in section 6 of these General Terms. In case the Passenger pays the Fare directly, it is your obligation to collect the Fare. In case the Passenger fails or refuses to pay, TIMO will send a notice of debt to the Passenger on your behalf. Such authorization derives from the mandate of paying agent given to TIMO and does not entail that TIMO has an obligation to compensate the Fare not paid by the Passenger. If the passengers in the vehicle do not agree to pay the Fare for the provision of Transportation Service, the Fare will be paid by the Passenger who has ordered the provision of Transportation Service. If Passenger justifiably refuses to pay the Fare on the
account that your information as provided in the TIMO App is incorrect, then TIMO will not reimburse you for such expenses.
4.11 Tips. In some markets Passenger may be given the option to tip you after a successful provision of Transportation Services. The Passenger can Tip you only by means authorised by TIMO for Tipping. The Tip will not affect the amount of TIMO Fees and TIMO will not collect a commission on the Tip paid by the Passenger. You are obliged to fully comply with any tax obligations arising from the Tipping. We may limit the maximum value of a Tip at our sole discretion.
- Receipts. After each successful provision of Transportation Services, TIMO shall create and forward a receipt to the Passenger consisting of some or all of the following information: the company’s business name, place of business, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the registration number of the vehicle, the date-, the time-, the start and end locations-, the duration and length-, the Fare and the Fare and tip paid for the provision of the Transportation Services. The receipt of each provision of Transportation Services is available to you via the TIMO Driver Account.
- Cancellation fee & wait time fee. Passenger may cancel a request for Transportation Services that a Driver has accepted via the TIMO App. In some markets, Driver may be entitled to the Fare for cancelled Transportation Services (Cancellation Fee) in the event that a Passenger cancels accepted request for Transportation Services after a certain time period determined by TIMO App.
- If, in the course of the provision of the Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing
(among else, by blemishing or staining the vehicle or causing the vehicle to stink), you shall have the right to request the Passenger to pay a penalty However, bear in mind that we are not taking any liability for direct or indirect damages of the vehicle caused by Passenger.
- Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Transportation Services, including (i) paying income tax, social security tax or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Transportation Services. You hereby agree to compensate TIMO for all state fees, claims, payments, fines or other tax obligations that TIMO will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).
- The Driver’s authorisation to issue invoices. TIMO has a right to issue an invoice on your behalf to the Passenger in order to compensate you for any Fares, contractual penalties or other fees incurred by the Passenger. In markets
where TIMO issues invoices, the invoice will be made available to you via the TIMO Driver Account.
- TIMO FEES
- In order to use the TIMO Services, you are obliged to pay a fee (i.e. the TIMO Fee). The TIMO Fee is paid as R10 flat fee on the Fare of each Transportation Service order that you have completed. You acknowledge that the TIMO Fee may change from time to time and if it does, Bolt shall send you prior notification of such change.
- You must pay the TIMO Fee and any other fees due to us for the previous month at latest by the 15th date of the following month. We may choose to set limits on the maximum amount of fees due from you to TIMO at any given time in order to limit non-payment risk. Upon delay with payment of the TIMO Fee, you shall be obliged to pay a penalty of late payment in the amount of 0,05% (zero point zero four percent) of the unpaid amount per day. You are obliged to cover all costs incurred by us, which are related to debt collection activities.
- IN-APP PAYMENTS
- We may enable Passengers pay for the Transportation Service via cards, carrier billing and other payment methods directly in the TIMO App (i.e., In-app Payment). You hereby authorize us as your commercial agent to receive the Fares or other fees paid by the Passenger via In-app Payment and to forward relevant funds to you. Any payment obligation made by the Passenger via the In-app Payment shall be considered fulfilled at the time that the payment has been made.
- You may not refuse payment by the Passenger via the In-app Payment, or influence the Passenger against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of R300 for every refusal and/or block your right to use the TIMO Services in case of repetitive behaviour.
- TIMO reserves the right to distribute promo code to riders at our discretion on a per promotional basis. You are required to accept the use of promo code only when the rider applies the code in-app to a trip using card payment. Promo codes may not be applied to cash paid trips. If the use of promo codes is suspected as being fraudulent, illegal, used by a Driver in conflict with our Terms and Conditions relating to promo code use, then the promo code may be canceled and the outstanding amount will not be reimbursed by TIMO to the Driver.
6.4 If the option is available and the Passenger chooses to Tip you directly in the TIMO App, the Tip will be collected by TIMO on your behalf together with the Fares and other fees paid by the Passenger via the In-app Payment. If the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used by a Driver in conflict with our Terms and Conditions and, then the Tip can be withheld by TIMO.
- You are entitled to review In-app Payment reports in the TIMO Driver Account or App. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the TIMO Fee. You must notify us of any important circumstances which may affect our obligations to collect and distribute the Fares paid via In-app Payment.
- We are not obliged to pay you the Fare due from the Passenger if the In- app Payment failed because Passenger’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such cases we will help you by requesting the Fare due from the Passenger and shall transmit it to you once the Passenger has made the requested payment.
- Before providing Transportation Services, you must verify that the service is being actually provided to the right Passenger or the Passenger has expressly confirmed he/she allows other passengers to ride under Passenger’s account. If you make a mistake in identifying the Passenger, and the In-app Payment is charged to a person, who has not been provided or has not approved the Transportation Services for other passengers, then we shall reimburse the person for the Fare. In such a case you are not entitled to receive the Fare from us. Additionally, for every wrongfully applied In-app Payment, we shall be entitled to charge you a contractual penalty up to R300.
- Please note that we will set off any Fares or Tip paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. TIMO Fees and contractual penalties).
6.9 Fares and other payments due to you per sec. 6.1 above will be forwarded to you on a periodic basis, typically once every week or other reference period communicated by TIMO in advance. We will forward all relevant funds as per sec.
6.1 above, that we collect on your behalf to the bank account that you indicate in your Driver’s account. TIMO may elect, at its discretion, to offer fund transfers
at intervals other than the standard reference period subject to limits and conditions prescribed by TIMO.
6.10. If we are not able to transfer the Fees or Tip to you due to you not including your bank account details in your Driver´s account or if the bank account details have been noted incorrectly, then we will hold such payments for 90 days. If you do not notify us of the correct bank account details within 90 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare or Tip not transferred to you shall expire.
- CUSTOMER SUPPORT
We provide the Drivers customer support regarding the use of the TIMO Services. We have the right to stop providing the customer support services in the event you delay any of the payments due to TIMO for more than 5 (five) calendar days.
- RATINGS AND ACTIVITY
- In order to guarantee high-quality service and provide additional reassurance to Passengers, you hereby acknowledge that the Passengers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Passengers at TIMO App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating.
- In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service requests.
- In order to provide reliable services to Passengers, we may determine a minimum average rating and a minimum activity score that Drivers must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Driver´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
- MARKET OVERVIEWS AND CAMPAIGNS
- Market overviews. We may send you, via the TIMO App, TIMO Driver Account, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Passengers is highest. Such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, we cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
- Campaigns for Passengers. We may also occasionally arrange various campaigns to Passengers in order to promote the TIMO Platform. If the Fare paid by the Passengers is reduced as part of such campaign, we shall pay you compensation, amounting to the monetary value of the benefit offered to the Passengers. We may set off the marketing compensation against the TIMO Fee.
- RELATIONSHIP BETWEEN YOU, US AND THE PASSENGERS
- You hereby acknowledge and agree that we provide an information society service and do not provide Transportation Services. By providing the TIMO Platform and TIMO Services, we act as a marketplace connecting Passengers with Drivers to help them move around cities more efficiently. You acknowledge that you are providing the Transportation Services on the basis of a contract for carriage of passengers and that you provide the Transportation Services either independently or via a company as an economic and professional activity. TIMO, as the operator of TIMO App acts as the commercial agent of the Drivers for the mediation of conclusion of contracts between the Driver and the Passenger, and thus, among other things, accepts payments from the Passengers and forwards the payments to the Driver.
- You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed our employee, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
- You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.
- PROCESSING OF PERSONAL DATA, ACCESS TO DATA
- Your personal data will be processed in accordance with the Privacy Notice, available www.timorides.com/privacy
- TIMO has access to all personal data and other data provided or generated in connection with your use of the TIMO Services. TIMO shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, TIMO maintains access to such data also after the Agreement between you and TIMO is terminated.
- You have access to personal and other data provided by you or generated in connection with your use of the TIMO Services to the extent that is made available to you under your TIMO Driver Account through TIMO App. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Passengers.
- The TIMO Platform is provided on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to Bolt Platform will be uninterrupted or error free. As the usage of TIMO Platform for requesting
transportation services depends on the behavior of Passengers, we do not guarantee that your usage of the TIMO Platform will result in any Transportation Service requests.
- To the maximum extent permitted under the applicable law, neither TIMO nor its representatives, directors and employees are liable for any loss or damage that you may incur as a result of using the TIMO Services, including but not limited to:
- any direct or indirect property damage or monetary loss;
- loss of profit or anticipated savings;
- loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
- loss or inaccuracy of data; and
- any other type of loss or damage.
- We shall not be liable for the actions or non-actions of the Passenger or co-passengers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Passenger or co- passengers.
- You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach
immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If Passenger presents any claims against us in connection with your provision of Transportation Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
- TERM, SUSPENSION AND TERMINATION
- The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Transportation Services on TIMO Platform.
- You may terminate the Agreement at any time by notifying TIMO at least 7 (seven) days in advance, after which your right to use the TIMO Platform and TIMO Services shall terminate. TIMO may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
- TIMO is entitled to immediately terminate the Agreement and block your access to the TIMO Platform without giving any advance notice in case you
breach the General Terms or Agreement, any applicable laws or regulations, disparage TIMO, or cause harm to TIMO’s brand, reputation or business as determined by TIMO in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Driver account.
- We may also immediately suspend (block) your access to the TIMO Platform and to the TIMO Driver TIMO Driver Account for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
- We aim to provide the highest quality service to all Passengers therefore are monitoring the activity of Drivers on TIMO Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving you any advance notice.
- The Driver and fleet company referred to in section 13.6 (Business User Operating in the Member State) has the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of TIMO with the Regulation, in accordance with the Internal Complaint-Handling System Rules for Business Users of TIMO.
- TIMO reserves the right to amend these General Terms anytime by uploading the revised version on its website and notifying you (e.g., via e-mail, TIMO App or TIMO Driver Account) whenever, in the reasonable opinion of TIMO, such amendments are material.
- TIMO shall provide at least 15 days advance notice (e.g., via e-mail, TIMO App or TIMO Driver Account) about the amendments that affect the rights of Business Users Operating in the Member State, unless:
- TIMO is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period;
- immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the TIMO Services, Passengers or Drivers from fraud, malware, spam or data breaches;
- you have elected to waive the advance notice period (e.g. you continue to use TIMO Services after receipt of the notice of amendment); or
- in the reasonable opinion of TIMO, amendments are beneficial for the Drivers and do not require technical adjustments from them.
- If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the TIMO Services and providing termination notice to
TIMO. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the TIMO Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.
- APPLICABLE LAW AND COURT JURISDICTION
- The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of South Africa. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in court.
- You are obliged to immediately notify us of any changes to your contact information.
- Any notice required to be given under the General Terms and Agreement shall be sufficiently given if:
- delivered personally,
- sent by courier with proof of delivery,
- sent by registered mail,
- sent by e-mail or
- made available via the TIMO App or TIMO Driver Account.
- Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:
- if delivered personally, at the time of delivery to the party;
- if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
- if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
- if made available via the TIMO App or TIMO Driver Account, or
- if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
- FINAL PROVISIONS
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.