Terms and Conditions

Table of Contents

Introduction

Welcome to WiTaxi Pay! These Terms and Conditions ("Terms") govern your use of the WiTaxi Pay service ("Service"), a mobile application and taxi payment platform offered by WiTaxi Incorporated and operated by WiTaxi Pay (Pty) Ltd with Registration Number: 2024/195962/07 and situated at 35 Daisy Street, Sandon, Johannesburg 2021, Gauteng.

Company Information

Use of the WiTaxi Pay website and Mobile App (www.witaxipay.co.za) is entirely at your own risk. This Website and Mobile App is made available to you by WiTaxi Pay (Pty) Ltd conditional upon your acceptance, without modification of these Terms and Conditions as amended from time to time.

These Terms and Conditions, including our Privacy Policy and all other policies that may be posted on the Website set out the terms by which we provide you access to use our Website. Our relevant policies are incorporated into these Terms and Conditions. You agree to comply with all of our policies and in particular these Terms and Conditions when you access and use our Website or Mobile App. It is your responsibility to familiarise yourself with these Terms and Conditions and check them regularly for any updates.

By accessing the Website or the WiTaxi Pay mobile App you agree to all the terms set out in these Terms and Conditions. Should you not agree to these terms and conditions, or any of our updates or changes thereto as dealt with below, you should not access or use the Website or Mobile App.

WiTaxi Pay provides a cashless taxi and transport payment service powered by a software application and digital services platform. All taxi commuter and driver payments are processed in partnership with Silicon Capital (Pty) Ltd, a third-party-payment-provider and digital wallet platform provider with Registration Number 2017/458763/07 who provides the receipt of commuter funds designated for the payment of taxi and transport fares and the payment of taxi drivers and transport operators who are duly regulated to offer such services. All funds received as electronic deposits are utilised for the payment of taxi fares or tickets, such funds being held in a designated non-interest bearing account at Nedbank. Nedbank Limited Reg No 1951/000009/06 is a licensed financial services provider (FSP9363) and registered credit provider (NCRCP16), herein referred to as ("the bank") where funds are held prior to disbursement to transport operators. Any reference to "us" shall be deemed to mean WiTaxi Pay, Silicon Capital or the bank as the context indicates.

Neither WiTaxi Pay nor its TPPP, Silicon Capital, are taking deposits or using the funds that are destined as payments to Taxi Operators for transport services rendered. These electronic fares are paid over to drivers and operators for their services rendered on a regular basis as determined by the transport operators.

This Agreement

The legal terms outlined in this agreement are between you as the user of the WiTaxi Pay App and Digital Wallet and WiTaxi Pay, herein after referred as the cashless taxi service provider or "operator". By accepting these terms and conditions you agree to such terms and conditions by downloading the App from the appropriate Android or Apple store and registering on the App, completing the on-boarding process and utilising the cashless Taxi payment service. If you do not agree to the terms and conditions outlined in this agreement you will not be able to completed the registration and on-boarding process to activate and utilise the WiTaxi Pay cashless payment service.

Eligibility

Only persons aged 18 years and older and who are deemed competent to enter into a legally binding agreement are allowed to register for this service. If you are a scholar and under the age of 18 years old your parent or legal guardian can register and operate the service to enable you to access the transport service. By accessing the WiTaxi Pay service you are agreeing to be bound by the terms and conditions of this service. You may be required to create a "wallet" or "account" to use certain features of the service.

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service.

Confidentiality

You agree not to disclose your confidential access credentials or secure PIN or voucher information to any third-party. You are responsible to maintain the confidentiality of your log-in and account information. Neither WiTaxi Pay, nor its payment processor nor the "bank" shall be liable for losses incurred as a result of you, the user, disclosing your confidential account information or Access PIN or voucher PINs to a third-party.

As a user of the service it is your responsibility to maintain the confidentiality of your account information including your user name and password that you create when accessing the service and using the features of the service. You agree to notify us immediately if you are made aware of a security breach that deems your wallet or account to be compromised. Such security breaches could include:

  • You lose your mobile phone
  • You share your user name and password or PIN
  • You share transaction information such as voucher code and PIN
  • You share your wallet information with a third-party
  • You are aware that your identity has been compromised i.e. identity theft
  • You aware that a scammer has compromised your wallet account

Use of the Service

The Service is for your personal use to enable you to make cashless payments to taxi drivers/operators using the QR code method provided for in the WiTaxi Pay App.

The Service is for your personal, non-commercial use only. You agree to use the Service in accordance with all applicable laws and regulations and not to use the Service for any illegal or unauthorized purpose. You further agree not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code of the Service.
  • Access the Service in a way that disrupts or interferes with the Service or any other user's use of the Service.
  • Use the Service to transmit any viruses, malware, or other harmful code.
  • Use the Service to violate the intellectual property rights of others.
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

User Accounts

You may be required to create an account ("Account") to use certain features of the Service. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

Your Personal Information

WiTaxi Pay shall store and keep secure your personal information. We shall store only your personal information required to accurately identify you as a user for the purposes or ID verification in order to comply with the requirements of the Financial Intelligence Centre Act (FICA) and Know Your Customer (KYC). Typically we shall store your first name, surname, ID Number or passport number or asylum seeker number, your contact information including mobile number and IP Address and e-mail address, your geographic information using GPS functionality any facial recognition scanning and/or biometric scanning required for security or verification purposes, your transactional history and any other related financial information required to execute a transaction.

By accessing this service you agree that WiTaxi Pay or its payment processing partner are entitled to verify your personal details by checking your identity with the South African Department of Home Affairs or third-party data bureau for the purposes of verifying that the personal information provided to WiTaxi Pay is valid and verifiable. You also agree that if required Wi-Taxi pay or its processing partner shall be entitled to check against Anti Money Laundering (AML) or Terrorist Financing (TF) databases. In the event that your personal information is flagged as you being a high risk individual we shall have the right to prevent you accessing the service and to terminate your access to the service.

We shall only keep your information that is required for us to render the service and we shall not share your information with any third party without your consent. In the event that you notify us in writing to delete your personal information from the WiTaxi Pay App we shall endeavour to do so within a reasonable time period provided the regulatory framework makes provision for such.

Data Deletion Rights

You have the right to request the deletion of your personal information. However, due to legal, regulatory, and financial compliance obligations, certain data related to your transaction history cannot be deleted. This includes transaction records, payment details, and other relevant financial data. You can still request the deletion of non-essential data such as profile information, contact details, and any preferences that are not required for legal or financial purposes. If you would like to proceed with a data deletion request, please contact our support team at support@witaxipay.co.za

Anti-Money Laundering and Other Activities

You herein agree, acknowledge and understand that WiTaxi Pay and its processing partner operates the wallet program under a bank sponsorship arrangement between the bank and the Third-Party-Payment-Processor (TPPP). You hereby agree to provide us with all information or documentation as may be requested in terms of anti-money laundering, anti-bribery and corruption and counter-terrorist financing legislation applicable to local and international legislation in order for us to render the WiTaxi Pay cashless taxi payment service. If required you hereby consent that we may disclose your information to the bank, the regulator or any third-party who is legally entitled to receive your information in terms of FICA and Anti-Money Laundering (AML) or Terrorist Financing (TF).

By using the App you agree that we shall not be held liable for any loss that occurs or arises as a failure to comply with the policies and rules of the IOS App Store or Google Pay Store.

You shall not use the App and/or it functions and services to commit any of the following acts:

  • Any act which undermines the bank, WiTaxi Pay service providers, WiTaxi Pay merchants
  • Use a credit card or debit card that is not registered in your name and is used for the purposes of topping up your wallet account to pay for Taxi rides. We shall not be liable for any chargebacks or losses or reputational damages when a card that is not registered to the user is used to top-up your wallet
  • The fraudulent use of a stolen, lost, invalid credit or debit card or the credit or debit card of another person without such persons' or consent
  • Your use of an invalid bank account to top-up your wallet using normal EFT or instant EFT, whether done via a banking app or a third-party provider such as OZOW or Payfast
  • An act that WiTaxi Pay, the TPPP or the bank or card association, the banking and payments regulator, a merchant or EFT payment service provider believes to be illegal, abusive or unlawful behaviour in violation with bank rules, card program rules or payment network rules
  • Any act by yourself as a user which is deemed to be in contravention with the rules of the App store where you downloaded your WiTaxi Pay App. The App store rules will apply rather than these terms and conditions if there is a difference between such rules and policies. We will not be held liable for any losses that occurs or arise as a failure to comply with the rules and policies of the App Store from which you download the WiTaxi Pay App

By downloading a single instance of the WiTaxi Pay App you acknowledge that you are entitled to use such App as a non-exclusive non-transferable license with no entitlement to sub-license the Application.

You agree that the terms and conditions of this agreement shall apply to all updates and future version releases of the WiTaxi Pay app which will be released at our discretion from time to time. You agree that the terms of this Agreement shall apply to all updates, upgrades or new releases provided to You whenever and wherever applicable. It is your responsibility to ensure that your mobile device connects to the appropriate App Store provider in order to utilize the latest version available.

Neither WiTaxi Pay, nor the TPPP nor the bank shall be liable for any security vulnerabilities resulting from you not using the latest available release, upgrades or updates when they are made available via the appropriate App Store.

Fees & Bank Charges

Transactions that you perform will incur a processing fee. Such fees will be displayed within your WiTaxi Pay App.

These fees may include bank fees, transaction fees, cash-out voucher fees, transfer fees etc. By agreeing to the terms of this agreement you acknowledge that such fees may be deducted from your wallet balance and revised from time to time.

Loading Your Wallet

You are able to load funds into your WiTaxi Pay wallet using the following methods:

  • Electronic funds transfer (EFT) from your bank account
  • Having a portion of your salary deposited into your wallet
  • Receiving funds from another registered and verified user
  • Uploading funds from your debit or credit card – Please note that such funds must have cleared and settled into the WiTaxi Pay and reflect as an available balance on your WiTaxi Pay wallet before you can utilise such funds. Such funds may be subject to bank fees, card association fees or third-party processing fees
  • By depositing funds into your wallet at a Nedbank ATM by selecting WiTaxi Pay as a beneficiary and by using the unique deposit reference displayed in the WiTaxi Pay App

Payment of Taxi Fares

Your wallet balance can be used to pay a WiTaxi Pay driver. The WiTaxi Pay driver/operator shall present you with a QR code which represents the ticket value or fare value for a particular route or trip. By scanning and authenticating such a transaction, you as the user agree that your wallet balance may be debited the fare amount.

Purchasing Third-Party Products and Value-Added Services

Your wallet balance can be used to purchase a variety of on-line products which are available on the WiTaxi Pay App. When making a purchase you will be prompted to insert your mobile number or the mobile number you wish to send airtime, data or value-added services to. It is your responsibility to use the correct mobile number for the recipient. We will not be liable for any loss or non-delivery of airtime, data, prepaid electricity or product PINS should an incorrect number be used.

Payments to Merchants Within the WiTaxi Pay Network

Your wallet balance can be used to purchase goods and services from a merchant that is a participating merchant in the WiTaxi Pay network.

Cash-out Methods

You can use the following cash-out methods when performing a cash-out:

You can cash-out from your wallet to a bank account that is registered as a beneficiary on your profile. It is your responsibility to ensure that the correct bank account details are stored for a beneficiary. We shall not be liable for making payments into a bank account when the beneficiary details are deemed to be incorrect.

In the event that an incorrect mobile number is used when making a cash-out transaction and the cash-out voucher and PIN is sent to an incorrect number inserted by the user then we shall not be held liable for any losses resulting from this action.

You can redeem your cash-out vouchers at Nedbank ATMs and at Nedbank Retail partners Money Market Counters or Kiosks. If you are redeeming your cash-out voucher at a Nedbank ATM you acknowledge that the Nedbank ATM may only dispense cash notes that are available inside the ATM at the time of cash-out. Typically you must cash-out value in increments of R20.00. WiTaxi Pay shall be entitled to apply a fee for ATM and Retail cash-outs, such fees will be displayed within the WiTaxi Pay App on your transaction history. If the Nedbank ATM does not have the prerequisite full value of notes then you can cash-out a portion of the funds as cash. If you find that a Nedbank ATM goes off-line as a cash-out transaction is being processed then WiTaxi Pay will endeavour to execute a refund back into your wallet so that you can perform a cash-out at an alternate Nedbank ATM or at a retail partner.

The cash-out retail partners are:

  • PicknPay
  • Shoprite
  • Checkers
  • Checkers Hyper
  • Boxer
  • PEP
  • USave
  • Kazang participating outlets

The retail partners may vary from time to time.

Opt-in Services

You may elect to opt in to services provided from time to time via the WiTaxi Pay App. You may elect to opt-out of services at any time by selecting the Opt-Out prompts within the App.

How to Contact Us

You can contact us for any queries, complaints, reporting suspicious or fraudulent transactions on your wallet as follows:

Website: www.witaxipay.co.za Email: support@witaxipay.co.za Help-line Tel: 076 579 7229

You can refer a complaint to our Help-line above.