Terms and Conditions

1. Contractual Relationship

These Terms of Use (“Terms”) regulate your access to or use by you from within any country in the world of applications, websites, content, products, and services (the “Services”) provided by Yene Safe Rides (Pty) Ltd (hereinafter referred to as Yene), a proprietary limited company with registration number 2025/0981 established in the Republic of Namibia, having its offices at 144 Sam Nujoma Avenue, Walvis Bay, Erongo region, Republic of Namibia, duly registered with the Business and Intellectual Property Authority of Namibia.

Please read these terms thoroughly before accessing or utilizing the services

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Yene. If you do not accept these Terms, you are not permitted to access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Yene can instantly cancel these Terms or any Services related to you or generally stop providing or restrict access to the Services or any part of them, at any time for any reason.

Additional terms may be relevant to specific Services, such as guidelines for an event, activity, or promotion, and these additional terms will be disclosed to you along with the related Services. Supplemental terms are added to and will be considered a component of the Terms regarding the relevant Services. Supplemental terms will take precedence over these Terms in the event of a conflict concerning the relevant Services.

In these Terms, the terms “including” and “include” mean “including, but not restricted to.”

Yene may periodically modify the Terms associated with the Services. Changes will take effect once Yene publishes the revised Terms on its website or the modified policies or additional terms on the relevant Service. Your ongoing use or access to the Services following such a posting signifies your agreement to be bound by the Terms, as amended.

Our gathering and utilization of personal data related to the Services is conducted as stated in Yene’s Privacy Policy located on our website. Yene may share with government authorities, a claims processor or an insurer any relevant information if there is a complaint, dispute, conflict, or an accident, involving you, and such information or data that is essential to resolve the complaint, dispute, conflict or relevant circumstance.

2. Our Services

Our Services constitute a technology platform that enables users of Yene’s mobile applications or websites provided as part of the Services to organize and schedule transportation and/or logistics services with independent third party providers of these services, including independent third party transportation providers and independent third party logistics providers in agreement with Yene or specific Third Party Providers. Unless Yene has a separate written agreement with you, the Services are provided exclusively for your personal, non-commercial use

You acknowledge that Yene does not offer transportation or logistics services nor operate as a transportation carrier, and that all transportation or logistics services are supplied by independent third party contractors who are not working for Yene.

License.

Provided that you adhere to these Terms, Yene provides you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and utilize the Applications on your personal device exclusively in relation to your use of the Services; and access and utilize any content, information, and associated materials that may be offered through the Services, solely for your personal, noncommercial use. Any rights not explicitly granted here are retained by Yene and Yene’s licensors.

Restrictions.

You are prohibited from:

(a) reproducing, modifying, creating derivative works from, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting, or otherwise exploiting the Services unless explicitly allowed by Yene;

(b) decompiling, reverse engineering or disassembling the Services unless permitted by relevant law;

(c) initiating or launching any programs or scripts intended for scraping, indexing, surveying, or otherwise mining data from any part of the Services or unduly burdening or obstructing the operation and/or functionality of any part of the Services; or

(d) attempting to gain unauthorized access to or disrupt any aspect of the Services or its associated systems or networks;

(e) removing any copyright or trademark from any part of the Services.

Delivery of Services

You acknowledge that sections of the Services might be offered under Yene’s different brands or request choices linked to transportation or logistics. You further acknowledge that the Services might be offered under specific brands or request options by or related to particular subsidiaries and affiliates of Yene; or independent Third Party Providers, including drivers of transportation network companies, holders of transportation permits, or possessors of comparable transportation permits, authorizations, or licenses.

Services and Content from Third Parties

The Services could be accessible or provided alongside third-party services, content or advertising that Yene does not manage. You acknowledge that various terms of service and privacy policies might be relevant to your use of those third-party services and content. Yene does not support those third-party services and content, and under no circumstances shall Yene be liable or accountable for any products or services from such external providers.

These third parties are not involved in this contract and have no responsibility for providing or supporting the Services in any way. Accessing the Services through third-party software or devices is governed by the terms specified in the relevant third-party’s terms of service.

Ownership.

The Services and all associated rights are and will continue to be the property of Yene or Yene’s licensors. Neither these Terms nor your utilization of the Services provide or bestow upon you any rights regarding the Services, other than the limited license granted; nor allow you to use or reference in any way Yene’s company names, logos, product and service names, trademarks, or service marks, or those of Yene’s licensors.

3. Your use of our Services

To access the majority of the Services, you need to create and keep an active account. To create an Account, you need to be at least 18 years old or the legal age of majority in your area (if it differs from 18). To register an account, you must provide Yene with specific personal details, including your name, address, mobile number, and age, along with at least one valid payment option (either a credit card or an accepted payment partner). You consent to keeping your Account information accurate, complete, and up to date. Not keeping accurate, complete, and up to date Account information, such as an invalid or expired payment method, may lead to your inability to access or use the Services or cause Yene to terminate these Terms with you. You are accountable for every action that takes place under your Account, and you agree to always keep your Account username and password secure and confidential. You may only possess a single Account unless Yene permits otherwise.

User requirements and behaviour.

The Service cannot be used by individuals younger than 18 years old unless it is used under a Family Account in which respect only teenagers between the age of 13 to 17 shall qualify for use subject to applicable terms and conditions and the relevant privacy policy.

Unless it is a Family account, you cannot permit third parties to use your Account, and you must not allow individuals under 18 to access transportation or logistics services from Third Party Providers unless you are present with them. Your Account cannot be assigned or transferred to any other individual or organization. You commit to adhering to all relevant laws while using the Services, and you may utilize the Services solely for legal purposes. In your use of the Services, you are prohibited from creating nuisance, annoyance, inconvenience, or damage to property, either to the Third Party Provider or any other individual. In some cases, you might be required to present identification to access or utilize the Services, and you acknowledge that access to or use of the Services may be denied if you refuse to provide the required identification.

SMS / TEXTING

By creating an Account, you agree that Yene may send you text messages as part of the normal business operation of your use of our Services. You may opt-out of receiving text messages from Yene at any time by following the directions found on our website. You acknowledge that opting out of receiving text messages may impact your use of our Services.

Promotional Codes.

Yene may, at its sole discretion, generate promotional codes that can be exchanged for Account credit or other features or benefits pertaining to the Services and/or a Third Party Provider’s services, in accordance with any extra terms that Yene sets for each promotional code. You acknowledge that promotional codes: (a) should be utilized for the designated audience and purpose, and in a legal manner; (b) cannot be replicated, sold, or transferred in any way, nor made available to the public (whether shared on a public forum or otherwise), unless explicitly authorized by Yene; (c) may be deactivated by Yene at any time for any cause without any liability to us; (d) can only be used in accordance with the specific conditions set by Yene for that promotional code; (e) are not redeemable for cash; and (f) may expire before you utilize them

Yene retains the authority to withhold or subtract credits or other features or benefits acquired through your or any other user’s use of promotional codes if Yene concludes or suspects that the use or redemption of such code was erroneous, fraudulent, unlawful, or against the relevant promotional code’s terms or these Terms.

Content from users of our Services

Yene may, at Yene’s exclusive discretion, permit you to occasionally submit, upload, publish, or otherwise provide to Yene via the Services, textual, audio, and/or visual material and information, which includes commentary and feedback pertaining to the Services, initiation of support requests, and entry submissions for contests and promotions. Any user content you provide continues to belong to you. By supplying user content to Yene, you confer upon Yene a global, perpetual, irrevocable, transferable, royalty-free license, inclusive of the right to sublicense, allowing the use, reproduction, modification, creation of derivative works, distribution, public display, public performance, and any other exploitation of such user content through all formats and distribution channels currently known or developed in the future, including in relation to the Services and Yene’s business as well as on external sites and services, without further notification or consent from you, and without obligation to compensate you or any other individual or entity.

You represent and warrant that:

(a) you are either the sole and exclusive owner of all user content or possess all rights, licenses, consents, and releases required to give Yene the license for the user content as described above; and

(b) neither the user content nor your submission, uploading, publishing, or making available of such content, nor Yene’s use of such content as allowed here, will infringe upon, misappropriate, or violate any third party’s intellectual property or proprietary rights, rights of publicity or privacy, nor will it lead to any violation of applicable laws or regulations.

You agree not to submit user content that is defamatory, libelous, hateful, violent, obscene, pornographic, illegal, or otherwise objectionable, as judged by Yene at its sole discretion, regardless of whether such material might be legally protected. Yene may, but is not required to, examine, oversee, or delete user content, at Yene’s exclusive discretion and at any time for any reason, without notifying you.

Access to Networks and Devices.

You must secure the data network access required to utilize the Services. If you use the Services from a wireless-enabled device, your mobile network’s data and messaging charges may apply, and you will be accountable for those charges. You are responsible for obtaining and maintaining compatible hardware or devices needed to access and utilize the Services and Applications along with any updates to them. Yene does not ensure that the Services, or any part of them, will operate on any specific hardware or devices. Moreover, the Services could experience malfunctions and delays that are typical of using the Internet and electronic communications.

4. Payment

You acknowledge that utilizing the Services might lead to fees / charges incurred by you for the services or products obtained from a Third Party Provider. Fees may consist of various applicable charges, and/or surcharges such as a reservation fee, airport surcharges, and processing fees for divided payments, and will include relevant taxes as mandated by law. Fees paid by you are conclusive and non-refundable, unless stated otherwise by Yene. You maintain the right to ask for reduced charges from a Third Party Provider for services or goods you receive from that Third Party Provider when you receive those services or goods. Yene will appropriately address any request from a Third Party Provider to change the charges for a specific service or product.

All fees are payable right away, and Yene will process the payment using the preferred method specified in your Account. Payments may also be made directly by the user to the driver in cash. If your main Account payment method is found to be expired, invalid, or otherwise unable to be charged, you consent to Yene acting as the Third Party Provider’s limited payment collection agent and utilizing a secondary payment method from your Account, if one exists.

In relation to you and Yene, Yene retains the right to set, eliminate, and or modify charges for any or all services or goods accessed through the use of the Services whenever Yene chooses. Additionally, you recognize and accept that Fees relevant in specific regions may rise significantly during periods of high demand. Yene will make reasonable efforts to notify you of applicable charges; however, you will be accountable for charges accrued on your Account, irrespective of your knowledge of those charges or their amounts. Yene may occasionally offer some users promotional deals and discounts, which could lead to varying charges for the same or similar services or goods accessed through the Services. You acknowledge that these promotional offers and discounts, unless also extended to you, will not affect your use of the Services or the fees applied to you. You can choose to cancel your order for services or products from a Third Party Provider at any moment before their arrival, and if you do, a cancellation fee may apply as set out in our Refund, Return & Cancellation Policy.

You acknowledge and accept that, although you may choose to give extra payment as a tip to any Third Party Provider who offers you services or products accessed via the Service, you are not required to do this.. Tips are optional. Once you have utilized services or products acquired via the Service, you will have the chance to evaluate your experience and provide extra comments concerning your Third Party Provider.

Fees for repairs or cleaning

You will be responsible for the repair costs for damage to, or required cleaning which is beyond standard “wear and tear” damages and necessary cleaning, of Third Party Provider vehicles and property due to the use of the Services associated with your Account. If a Third Party Provider indicates a need for Repair or Cleaning, and Yene verifies this request in its reasonable judgment, Yene has the right to make a payment for the reasonable cost of the Repair or Cleaning on behalf of the Third Party Provider using the payment method you designated in your Account. These amounts will be sent by Yene to the relevant Third Party Provider and are not refundable.

5. Indemnity, Disclaimers and Limitation of Liability

Disclaimer

The services are provided as is and as available. Yene denies all representations and warranties, whether express, implied or statutory, that are not explicitly stated in these terms, including the implied guarantees of merchantability, suitability for a specific purpose, and non-infringement. Furthermore, Yene provides no assurances, guarantees, or warranties concerning the dependability, promptness, quality, appropriateness, or accessibility of the services or any products or services requested via the services, nor that the services will function without interruption or errors. Yene does not assure the quality, appropriateness, safety, or capability of external service providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted by law.

Limitation of liability

Yene will not be responsible for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property loss associated with, linked to, or arising from any use of the services, even if Yene was informed about the potential for such damages. Yene will not be responsible for any damages, liabilities, or losses resulting from your use of or dependence on the services or your inability to access or utilize the services; or any interaction or relationship between you and any third-party provider, even if Yene has been notified about the potential for such damages. Yene will not be responsible for delays or failures in performance due to factors outside of Yene’s reasonable control. You recognize that third-party transportation providers, when requested through certain brands, may offer ridesharing or peer-to-peer transportation services and might not hold professional licenses or permits. You acknowledge and agree that in no event shall Yene’s total liability to you in connection with the services, for all damages, losses and causes of action exceed two hundred and fifty Namibian dollars (N$250).

You can utilize Yene’s services to request and arrange transportation, goods, or logistics services with third-party providers; however, you agree that Yene is not responsible or liable to you concerning any transportation, goods, or logistics services offered to you by such third-party providers, except as explicitly stated in these terms. The restrictions and disclaimer within this section does not intend to restrict liability or change your rights as a consumer that cannot be waived under relevant legislation.

Indemnity

You may utilize Yene’s services to request and arrange transportation, goods, or logistics services with third party providers; however, you acknowledge that Yene bears no responsibility or liability to you concerning any transportation, goods, or logistics services supplied by third party providers, except as explicitly stated in these terms.

You consent to indemnify, and hereby indemnify and protect Yene along with its officers, directors, employees, and agents from any and all claims, demands, losses, liabilities, and costs, including legal fees, that result from or relate to:

(a) your utilization of the Services or products acquired through your utilization of the Services;

(b) your infringement or contravention of any of these Terms;

(d) your infringement on the rights of any external party, including Third Party Providers

6. Loss of Property

You acknowledge and accept that it is your duty to take your belongings out of the vehicle of a Third Party Provider when getting off. If you leave your belongings with a Third Party Provider, that provider may return your possessions to you, Yene, or the local service entity of Yene. Although you might anticipate Third Party Providers to return your property to you, the offices of Yene or the Yene local service entity shall not be responsible if the Third Party Provider fails to deliver your property as anticipated. Additionally, Yene or the Yene local service entity will not be responsible for any loss or damage to your belongings during transport.

(a) Yene or the Yene local service entity will retain your property for a maximum of one month from the date the Third Party Provider transferred your property to Yene or the Yene local service entity; and

(b) if you do not retrieve your property from Yene or the Yene local service entity within the three-month period mentioned, the said property shall be regarded as abondoned and Yene or the Yene local service entity will have the right to dispose of or manage your property as they see fit, and you will have no claims against Yene or the Yene local service entity regarding your unclaimed and abandoned property.

7. Governing Law; Arbitration.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Namibia, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability shall be first mandatorily submitted to arbitration proceedings by an independent, impartial arbitrator who shall be a legal practitioner of no less than 3 years work experience in litigation. The cost of the arbitrator shall be at the expense of the parties to the arbitration. Either party may be required to provide security for the costs of the arbitrator. The parties shall be entitled to legal representation at the said proceedings but not by an Advocate. The place for the arbitration shall be Walvis Bay, Namibia unless the parties agree otherwise. The language of the arbitration shall be English, and if you do not speak English you shall arrange for an interpreter at your own expense. Your failure to secure an interpreter shall not be a reason to halt the arbitration proceedings. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the arbitrator, and correspondence, orders and awards issued by the arbitrator, shall remain confidential and shall not be disclosed to any third party without the express written consent from the other party unless: the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. The parties must jointly appoint an arbitrator, failing which the dispute may be resolved via the relevant court, in which case neither party shall be subject to the jurisdiction of the Walvis Bay Magistrate Court.

8. Other Provisions

Copyright Infringement Claims.

Allegations of copyright violation must be directed to us.

Notice.

Yene may provide notification through a general notice on the Services, via email to your Account’s email address, or through a written message sent to the address listed in your Account. You can notify Yene through a written message sent to Yene.

General.

You cannot assign or transfer these Terms, either fully or partially, without Yene’s prior written consent. You consent to Yene assigning or transferring these Terms in full or in part, including to: a subsidiary or affiliate; a purchaser of Yene’s equity, business, or assets; or to a successor through merger. There is no joint venture, partnership, employment, or agency relationship established between you, Yene, or any Third Party Provider by virtue of the contract between you and Yene or your use of the Services.

If any clause of these Terms is determined to be illegal, invalid, or unenforceable, in whole or in part, under any law, that clause or portion shall be regarded as not part of these Terms; however, the legality, validity, and enforceability of the remaining provisions in these Terms shall remain unaffected. In such a case, the parties will substitute the illegal, invalid, or unenforceable clause or portion thereof with a legal, valid, and enforceable clause or portion that, to the fullest extent feasible, has a comparable effect as the illegal, invalid, or unenforceable clause or portion, considering the contents and intent of these Terms. These Terms represent the complete contract and comprehension between the parties concerning its topic, replacing and overriding all previous or simultaneous agreements or commitments related to that subject.