Terms & Conditions

SPLIT TERMS & CONDITIONS

Applicable as of 31 March 2024

1. Subject

SPLIT Technologies (Pty) Ltd (hereinafter referred to as “SPLIT”) has developed a carpooling platform accessible in the form of a mobile application and designed to put drivers in contact with passengers going in the same direction, in order to enable them to share a ride and therefore the associated costs (hereinafter referred to as the “Platform”).

These terms and conditions have the purpose of governing access to, and the terms of use of the Platform. Please read them carefully. You understand and recognize that SPLIT is not party to any agreement, contract or contractual relations, of any nature, entered into between the Members of its Platform.

By clicking “Login with Facebook” or “Register with an email address”, you recognize having read and accepted all these general conditions of use. 

2. Definitions

“Account” means the account that must be created in order to become a Member and access certain services offered by the Platform;

“Carpooling Trip” means the journey subject of a ride request published by a Driver on the Platform, and for which he agrees to transport Passengers in exchange for the Cost Contribution;

“Cost Contribution” means, for a given ride, the sum of money requested by the Driver and accepted by the Passenger for his contribution to the travel costs;

“Driver” means the Member using the Platform, to offer transport to another individual in exchange for the Cost Contribution for a ride;

“Facebook Account” has the meaning given to it in clause 4.2 below;

“Member” means any individual having created an Account on the Platform;

“Passenger” means the Member having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a Member has booked a seat;

“Services” means all services delivered by SPLIT via the Platform;

“Website” means the website accessible at the address www.spliit.co.za

3. Role of SPLIT

The Platform constitutes an online mobility platform on which the Members can offer or accept Carpooling Trips for the purposes of ridesharing. These Carpooling offers can notably be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a seat in the vehicle in question with the Member having offered a ride on the Platform. In using the Platform and in accepting these T&Cs, you recognise that SPLIT is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.

SPLIT has no control over the behaviour of its Members, and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the ride offers, and it does not offer any Trips on the Platform.

You recognise and accept that SPLIT does not control the validity, truthfulness or legality of the ride offers, seats and Trips offered. In its capacity as a ridesharing intermediary, SPLIT does not provide any transport service and does not act in the capacity of carrier; the role of SPLIT is limited to facilitating access to the Platform.

In the context of Carpooling Trips, the Members (Drivers or Passengers) act under their sole and full responsibility.

In its capacity of intermediary, SPLIT cannot be held liable for the effective occurrence of a Trip and notably owing to:

(i)  erroneous information communicated by the Driver in his ride offer, or by any other means with regard to the Trip and its terms,

(ii)    cancellation or modification of a Trip by a Member;

(iii)    the behaviour of its Members during, before or after the Trip.

4. Creation of an Account 
   • Conditions of registration on the Platform

The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.

            Creation of an Account

• • The Platform enables Members to interact with each other to share a ride. You can view rides available if you are not registered on the Platform. However, you cannot offer or request a ride without having first created an Account and become a Member. To create your Account, you can:

(i)    either complete all mandatory fields on the registration form;

(ii)    or log into your Facebook account via our Platform (hereinafter referred to as your “Facebook Account”). In using such functionality, you understand that SPLIT will have access to, will publish on the Platform, and will keep certain information from your Facebook Account. To register on the Platform, you must have read and accepted these terms & conditions and the Privacy Policy.

• When creating your Account, regardless of the method chosen, you agree to provide accurate and true information, and to update it through your profile or by notifying SPLIT, in order to guarantee its relevance and accuracy throughout your contractual relations with SPLIT.
• In the case of registration by email, you agree to keep secret the password chosen upon creating your Account and not to communicate it to anybody. You alone are responsible for the use of your Account by third parties, unless you have expressly notified SPLIT of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.
• You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.

By signing these terms and conditions, you give SPLIT the permission to complete background checks to verify your identity, drivers license or criminal record.

SPLIT may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an identity document.

SPLIT cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.

5. Use of Services
   • Notifying passengers

As Member, and provided you fulfil the conditions below, you can create notifications on the Platform by entering information about the trip you intend to make (dates/times and collection points and arrival, number of seats offered, options available, etc.).

You are only authorised to offer rides if you fulfill all the following conditions:

(i)  you hold a valid driving license;

(ii)  you only offer rides for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of carpooling;

(iii)  you are and remain the main driver of the vehicle subject of the notification;

(iv)  the vehicle has valid third-party insurance;

(v)  you have no contraindication or medical incapacity for driving;

(vi)  the vehicle you intend to use for the ride is a touring car with 4 wheels and a maximum of 7 seats;

(vii)  you do not intend posting another notification for the same trip on the Platform;

(viii)  you do not offer more seats than the number available in your vehicle;

(ix)  all seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;

(x)  to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date license disk.

You recognize that you are solely responsible for the content that you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your notification, and you undertake to fulfill the ride under the conditions described in your notification.

• Requesting and cancelling transport services
  • If you request a transport service and the driver has agreed to undertake the work then the transport service is considered to be requested.
  • Once a driver confirms that he/she will complete your ride, 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. SPLIT and partners do not provide rides and is not a party to your agreement with the relevant driver.
  • Cancelling the use of a requested 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 a certain time period you are required to pay a cancellation fee.
  • 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 (eg: 6 months). After that period, you could ask to reactivate your account and your application will be reviewed by SPLIT and partners.
  • When a driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was requested do not arrive at the vehicle within a certain time period as specified in the SPLIT app, the request will be deemed cancelled. Sometimes the driver may decide to cancel your request, please note that SPLIT and partners are not responsible for such situations. For avoidance of doubt, in-app payment is completed once the driver arrives, therefore, should the driver cancel, no payment would have been made by the passenger.
  • Once the driver arrives and sends you a notification that he/she has arrived the SPLIT app may begin charging fare on a waiting time basis according to the rates specified in the SPLIT app.
  • If you have requested transport services using the SPLIT app and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of R1000.00 and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, SPLIT and partners may pursue the claims on behalf of the provider of the transport service.
• Review system
  • Operation

SPLIT encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a ride or with whom you were supposed to share a ride. However, you are not permitted to leave a review about another Passenger if you were a Passenger, or about a Member with whom you have not travelled or with whom you were not supposed to travel.

Your review, and the review left by another Member about you, if any, are only visible and published on the Platform after the shorter of the following periods: (i) immediately after you have both left a review, or (ii) after a period of 7 days following the first review.

You have the option of responding to a review that another Member has left on your profile in a 7-day delay following the date of the review received. The review and your response, where applicable, will be published on your profile.

• Moderation

You recognize and accept that SPLIT reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content breaches these Terms & Condition’s. 

• Limit

SPLIT reserves the right to suspend your Account, limit your access to the Services, or terminate these terms & conditions in the case where (i) you have received at least three reviews and (ii) the average review you have received is less than or equal to 3.

6. Payment 
   • SPLIT in-App payment
     • You can pay for the transport services with a debit or credit card, which require prior activation in the SPLIT app. By providing SPLIT in-App Payment service, SPLIT and partners act as commercial agents for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to SPLIT and partners bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
     • When making payments by SPLIT in-App payment, SPLIT and partners receive your payments and forward money to the driver. SPLIT and partners may ask additional data from you to verify your payment method.
     • When making payments by SPLIT in-App payment for transport services, SPLIT and partners are not responsible for possible third-party payment costs (bank fees etc). These service providers may charge you additional fees when processing payments in connection with the SPLIT in-App payment. SPLIT and partners are 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.
     • SPLIT and partners will be responsible for the functioning of SPLIT in-App payment and provide support in resolving problems. The resolution of disputes related to SPLIT in-App payment also takes place through us. For payment support service please contact: info@Spliit.com. Inquiries submitted by e-mail or SPLIT App will receive a response within one business day. SPLIT and partners will resolve SPLIT in-App Payment related complaints and applications within three business days.
     • As a driver you will be required to determine the price to charge for the ride. Your pricing should reflect the cost (petrol and toll fees) of getting from point A to Point B. Consequently, you agree to limit the Cost Contribution you ask your Passengers to pay to the costs you actually incur to make the Carpooling Trip.
     • As a passenger, the SPLIT-in app payment will be processed once the driver arrives at your destination.
     • As a driver you will receive 80% of the pricing you set. A 20% commission will be paid to SPLIT.
     • As a driver you can expect your earnings to be deposited into your account weekly (on a Monday, or other day that SPLIT may elect). You recognise and accept that none of the sums received by SPLIT in the name and on behalf of the Driver gives entitlement to interest.
   • Promotional Codes
     • SPLIT 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 to 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.
     • If your ride 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 and therefore will be forfeited. Only one promotional code may be applied per ride.
     • SPLIT reserves the right to cancel any promotional code at any time for any reason. This includes, but is not limited to, if SPLIT deems that codes are being used in an unlawful or fraudulent manner, those issued mistakenly, and those which have expired.
   • Rounding

You recognize and accept that SPLIT may, at its full discretion, round up or down the Service Fees and the Cost Contribution.

7. Non-commercial and non-business purpose of the Services and the Platform

You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Carpooling Trip with you.

As Driver, you agree not to request a Cost Contribution higher than the costs you actually incur and that may generate a profit, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip. You are solely responsible for calculating the costs you incur for the Trip and for checking that the amount requested of your Passengers does not exceed the costs you actually incur (excluding your share of the costs) notably by referring to the applicable tax scale.

SPLIT reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to SPLIT, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.

SPLIT also reserves the right to suspend your Account, limit your access to the Services, or terminate these T&Cs, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, the number of Passengers carried and the Cost Contribution requested, entails a situation of profit for you, or for any reason suggesting to SPLIT that you are generating a profit on the Platform.

8. Behaviour of users of the Platform and Members
   • Undertaking of all users of the Platform

You recognise being solely responsible for respecting all laws, regulations and obligations applicable to your use of the Platform.

Furthermore, when using the Platform and during Trips, you undertake:

(i)  not to use the Platform for professional, commercial or profit-making purposes;

(ii)  not to send SPLIT (notably upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;

(iii)  not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of SPLIT or a third party or contrary to good morals;

(iv)    not to infringe the rights and image of SPLIT, notably its intellectual property rights;

(v)    not to open more than one Account on the Platform and not to open an Account in the name of a third party;

(vi)   not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;

(vii)    not to contact another Member, notably via the Platform, for a purpose other than defining the terms of the ridesharing;

(viii)    not to accept or make payment outside of the Platform;

(ix)    to comply with these T&Cs and the Privacy Policy. 

• Undertakings of the Drivers

Furthermore, when you use the Platform as Driver, you undertake:

(i)  to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold civil liability insurance valid at the time of the ride and to be in possession of a valid driving licence;

(ii)  to check that your insurance covers carpooling and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance during the whole ride;

(iii)  not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;

(iv)  to post offer rides corresponding only to rides actually planned;

(vi)  not to take more Passengers than the number of seats indicated in the notification;

(vii)  to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date license disk

(viii)  to communicate to SPLIT or any Passenger who so requests your driving license, your car registration number, your insurance certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;

(ix)  in the case of holdup or change to the time or the ride, to inform your Passengers without delay;

(xi)  to wait for Passengers at the agreed meeting place for at least 5 minutes after the agreed time;

(xiii)  to ensure you can be contacted by your Passengers by phone on the number registered on your profile;

(xiv)  not to generate any profit via the Platform;

(xv)  not to have any contraindication or medical incapacity for driving;

(xvi)  to behave appropriately and responsibly during the ride, and in compliance with the spirit of carpooling;

(xvii)  not to decline any ride request based on race, color, ethnicity, national origin, religion, sexual orientation, marital status, disability, physical appearance, pregnancy, special vulnerability due to their economic situation, name, place of residence, health, political opinion or age.

• Undertakings of the Passengers

When you use the Platform as Passenger, you undertake:

(i)  to adopt appropriate behaviour during the ride so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;

(ii)  to respect the Driver’s vehicle and its cleanliness;

(iii)  in the case of holdup, to inform the Driver without delay;

(v)  to wait for the Driver at the meeting place for at least 5 minutes beyond the agreed time;

(vi)  to communicate to SPLIT, or any Driver who so asks, your identity card or any document evidencing your identity;

(vii)  not to carry during a ride any item, goods, substance or animal that could hinder the driving and concentration of the Driver, or the nature, possession or carriage of which is contrary to the legal provisions in force;

(ix)  to ensure you can be contacted by the Driver by phone on the number registered on your profile, including at the meeting point.

9. Liability
   • As the SPLIT 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 SPLIT app for requesting transport services depends on the behavior of the drivers, SPLIT and partners do not guarantee that you will always have offers available for the provision of the transport services.
   • The SPLIT 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 SPLIT app is used as the means for organizing the provision of transport services.
   • The consumer’s right of refund is not applied to SPLIT app requests. 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 requested.
   • The SPLIT app is provided on an “as is” and “as available” basis. SPLIT and partners do not represent, warrant or guarantee that access to SPLIT app will be uninterrupted or error free. In case of any faults in the software, we will endeavor 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.
   • SPLIT and partners, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using SPLIT app or relying on, the ride contracted for through the SPLIT app, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit; 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.
   • The financial liability of SPLIT or SPLIT’s partners in connection with breach of the contract will be limited to R 10 000. You will have the right to claim for damages only if SPLIT or SPLIT’s partners have deliberately violated the contract. SPLIT and partners will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
   • You agree to fully indemnify and hold SPLIT and SPLIT group companies and partners, 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 SPLIT app (including the ride you obtain through your use of the SPLIT app).
   • SPLIT and partners may immediately end your use of the SPLIT app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of SPLIT and partners or the safety of drivers or passengers.

10. Good practice using the SPLIT app
    • As SPLIT and partners are 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.
    • We ask Members to fill out a feedback form in the SPLIT app. This enables us to offer suggestions to the drivers for improving the quality of their service.
    • We expect that you use the SPLIT app in good faith and be respectful of the drivers who offer their services through the SPLIT app or the passengers who request services through the SPLIT app. SPLIT and partners retain 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 or passengers, etc. In these cases, your SPLIT app account may be revoked without prior notice.
    • SPLIT and partners will make every effort to ensure that only drivers or passengers, who have integrity and are respectful, use the SPLIT app. However, we are in no position to guarantee that every provider or requester of transport services, located by the SPLIT app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify our customer support.
    • It is strictly prohibited to profit in any way from using our Platform

11. License to use SPLIT app

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 SPLIT app in accordance with these general terms and conditions, the privacy policy and the applicable app-store terms. You may not transfer or sub-license this right to use the SPLIT app. In the event that your right to use SPLIT app is cancelled, the corresponding non-exclusive license will also be cancelled.

12. Suspension of accounts, limitation of access and termination

You can terminate your contractual relations with SPLIT at any time, without cost and without reason. To do this, simply go to the “Sign Out” tab of your profile page.

In the event of (i) breach by you of these T&Cs, including but not limited to your obligations as Member mentioned in clause 7 and 8 above, (ii) exceeding the limit set out in clause 5.3.3 above, or (iii) if SPLIT has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, SPLIT reserves the right to:

(i) terminate the T&Cs binding you with SPLIT immediately and without notice; and/or

(ii) prevent the posting of or removing any review, ride request / offer, message, or any content posted by you on the Platform; and/or

(iii) limit your access and your use of the Platform; and/or

(iv) temporarily or permanently suspend your Account.

When this is necessary, you will be notified of the establishment of such measures in order to enable you to give explanations to SPLIT. SPLIT will decide, at its sole discretion, whether or not to lift the measures put in place.

13. Operation, availability and functionalities of the Platform

SPLIT shall try as far as possible to maintain the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network.

Furthermore, SPLIT reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.

14. Personal data

In the context of your use of the Platform, SPLIT will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by SPLIT in compliance with the applicable law and the stipulations of the Privacy Policy.

15. Amendments to the general terms and conditions

If any substantial amendments are made to the general terms and conditions, then you will be notified by e-mail or SPLIT app notifications. If you continue using the SPLIT app, you will be deemed to accept the amendments.

16. Final Provisions

The general terms and conditions will be governed by and construed and enforced in accordance with the laws of the 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 the Republic of South Africa. 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.

Date of entry into force of the general terms and conditions: 31.03.2024