Terms of Use Policy

Effective Date: 23 December 2024

Welcome to Twytch (Pty) Ltd and Twytch South Africa (Pty) Ltd.  By using our platform, you agree to be bound by these Terms and Conditions, which establish a legally binding agreement between you and Twytch (Pty) and Twytch South Africa (Pty) Ltd. These Terms govern your use of our services, whether as a passenger or a driver. If you do not agree to these Terms, you may not use our services.

  1. Definitions

1.1 Platform: Refers to the Twytch mobile application, website, and related services.

1.2 User: Refers to any person who uses the platform, whether as a driver or a passenger.

1.3 Driver: Refers to individuals providing transport services through the platform.

1.4 Passenger: Refers to individuals who request and receive transportation services from drivers.

1.5 Cashback: Refers to rewards earned by users, redeemable for future services as stipulated by the platform.

  1. Acceptance of Terms

By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, Refund Policy and any other relevant policies that may be published from time to time.

  1. Modification of Terms

Twytch reserves the right to modify these Terms at any time. Any changes will be effective upon posting the updated Terms on our website or application. Your continued use of the platform following the posting of modifications will constitute your acceptance of such changes. You are encouraged to review these Terms regularly.

  1. Services Provided by Twytch

4.1 Nature of Services: Twytch acts as a facilitator of transportation services by providing a platform where passengers can request rides from drivers. We do not provide transportation services directly, and all transport services are provided by independent third-party drivers.

4.2 No Employment Relationship: Drivers who use the platform to offer transportation services are independent third-party service providers and not employees, and no employment or agency relationship is established between drivers and Twytch.

  1. User Accounts and Registration

5.1 Eligibility: To use the platform, you must be at least 18 years old and have the legal authority to enter into a binding agreement. Drivers must meet additional qualifications, including having a valid driver’s license, vehicle insurance, permits and any other legal requirements applicable under local laws.

5.2 Account Registration: To use the platform, you must create an account by providing accurate and complete information. By registering, you agree to keep your account information up-to-date and secure. You are responsible for maintaining the confidentiality of your account login details and are liable for all activities conducted under your account.

5.3 Verification: Twytch may require users, particularly drivers, to verify their identity through various means, including but not limited to biometric verification, document submission, or other methods deemed appropriate.

5.4 Termination: We reserve the right to suspend or terminate your account if we suspect fraudulent activity, misuse of the platform, or violation of these Terms.

  1. Pricing, Payments, and Promotions

6.1 Fixed Fare Structure: The platform operates on a fixed fare system. Passengers are charged based on the distance traveled (fixed rate per kilometer) and the time spent (fixed rate per minute). These rates are subject to change at the platform’s discretion.

6.2 Driver Compensation: Drivers earn a fixed rate per kilometer and per minute. Twytch does not take any commission from driver earnings.

6.3 Cashback and Loyalty Programs: Users may earn cashback rewards through our loyalty and referral programs. These rewards can only be used towards future rides and cannot be redeemed for cash or transferred, unless explicitly allowed by the platform.

6.4 Promotional Offers: From time to time, Twytch may offer discounts, promotional codes, or other special offers. These offers cannot be redeemed for cash and must be used in accordance with the terms of the specific promotion.

  1. Cancellations and Refunds

7.1 Passenger Cancellations: Passengers may cancel a ride request before the driver has arrived at the pick-up location within the free cancellation period. However, if the driver is already en-route or has arrived at the location, a cancellation fee may apply if the ride has been canceled outside of the free cancellation period as per our refund policy.

7.2 Driver Cancellations: Drivers may cancel a ride under certain conditions, such as when a passenger fails to show up, safety concerns arise, or when a violation of these Terms occurs.

7.3 Refund Policy: No refunds will be issued for completed trips. Refunds for canceled rides will be considered on a case-by-case basis, subject to South African law and applicable banking regulations.

  1. Safety and Compliance

8.1 Seatbelt Use: Both drivers and passengers are legally required to wear seatbelts during the ride. Failure to comply may result in suspension from the platform.

8.2 Speed Limits: Drivers must comply with all local traffic laws, including adhering to speed limits. Drivers may not exceed a maximum speed of 120 km/h.

8.3 Minors and Children: Minors under the age of 18 must be accompanied by a parent or legal guardian when using the platform. If a minor is unaccompanied, it is the sole responsibility of the parent or guardian, and Twytch will not be held liable. It is also the responsibility of the parent or guardian to provide a baby seat for infants.

8.4 Driver Discretion: Drivers have the discretion to refuse transportation services to unaccompanied minors or infants without a proper child seat. If a driver agrees to transport a minor or infant without proper supervision or equipment, they do so at their sole discretion, and Twytch assumes no liability.

  1. Lost Property

It is the sole responsibility of passengers to ensure that they remove all personal belongings from the vehicle upon disembarking. Twytch is not responsible for any items left behind in the vehicle. In the event of lost property, passengers may contact Twytch directly.

  1. Prohibited Items

The transportation of hazardous, illegal, or unlawful goods is strictly prohibited. Users found violating this policy will be permanently banned from the platform, and legal action may be taken.

  1. Geolocation and GPS Services

To ensure accurate pick-up and drop-off locations, the platform requires access to geolocation services on your device. If geolocation services are not enabled, users must manually input pick-up and drop-off locations. Failure to do so may affect service delivery.

  1. Communications

By using the platform, you consent to receive communications via SMS, email, push notifications, or other methods. These communications include, but are not limited to, receipts, promotional offers, service updates, and other notifications related to your use of the platform. Users can opt-out of marketing communications but may continue to receive essential service-related communications.

  1. Privacy and Data Protection

Your use of the Platform is subject to our Privacy Policy. By using our Platform, you consent to the collection, storage, and processing of your personal data as described in our Privacy Policy, in line with South Africa’s Protection of Personal Information Act (POPIA). We take reasonable steps to protect your data, but we cannot guarantee the absolute security of your information.

  1. Insurance and Benefits for Drivers

Twytch provides certain benefits to drivers, including but not limited to insurance rebates, medical insurance, and retirement contributions. Drivers must comply with the terms of the insurance and benefits program to be eligible.

  1. Limitation of Liability and Indemnity

15.1 Limitation of Liability: To the fullest extent permissible by law, Twytch is not liable for any damages, losses, or injuries resulting from the use of the platform or transportation services provided by drivers. The platform provides services on an “as is” basis without warranties of any kind, whether express or implied.

15.2 Indemnity: You agree to indemnify, defend, and hold harmless Twytch, its directors, employees, shareholders, and stakeholders from any claims, liabilities, or damages arising out of your use of the platform, including but not limited to violations of these Terms.

  1. Network Access and Devices

16.1 Network Access: Users are responsible for ensuring they have appropriate network access to use the platform. Twytch is not liable for any service interruptions caused by network or device failure.

16.2 Device Compatibility: It is the user’s responsibility to ensure that their device is compatible with the platform. The platform is not responsible for any compatibility issues.

  1. Dispute Resolution

17.1 Informal Resolution: In the event of a dispute, users are encouraged to contact Twytch directly to seek a resolution.

17.2 Legal Jurisdiction: Any legal disputes arising from the use of the platform will be governed by South African law and adjudicated in a South African court of law.

  1. Termination of Use

Twytch reserves the right to suspend or terminate your account at any time if you violate these Terms, engage in fraudulent activity, or compromise the safety and integrity of the platform.

  1. Disclaimer

The services provided by Twytch are offered “as is” without any warranties, express or implied. We do not guarantee uninterrupted or error-free service, and we are not liable for any losses incurred due to technical failures or other issues beyond our control.

  1. Miscellaneous

20.1 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20.2 Entire Agreement: These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Twytch (Pty) Ltd and Twytch South Africa (Pty) Ltd regarding the use of the platform.

  1. Contact Us

If you have any questions about this Terms of Use Policy, please contact us:

  • Email: support@twytch.app
  • Phone: +27 (0)11 282 0722

Effective Date:  23 December 2024

Version:  1.0