Terms & Conditions

terms & conditions

This agreement applies to Drivers, Riders, and Users of the D&H Media Services Pty Ltd, SABARIDES website, and the
SABA RIDE, SABA Application.

These terms of use (Terms) govern your use of the D&H Media Services Pty Ltd (the Company)
application SABA (the Platform) and any other services made available through the Platform.

By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you,
the user of the Platform (you or User), and us, and its subsidiary (Destiny and Hope Trading Pty Ltd (Ethiopia), D&H Media Services Pty Ltd (Kenya), Focus Media Pty Ltd (Zimbabwe) operating under the business names SABA, Saba Rides (SABA, we or us).

The Platform is a medium that facilitates the introduction of:

  • Users of the Platform who offer to provide driving services (Drivers); and
  • Users of the Platform who are seeking to obtain riding services (Riders).

If you do not agree to these terms, please do not use the Platform. We may change these Terms at any time by updating
this webpage, and your continued use of the Platform following such update will represent an agreement by you to be
bound by the Terms as amended.

WHAT PARTS OF THESE TERMS APPLY TO ME?

The remainder of these Terms are divided into three parts:

  • · Part 1 (All Users), which sets out terms that apply to all Users, including Drivers
    and Riders.
  • · Part 2 (Drivers), which sets out additional terms that apply to Drivers; and
  • · Part 3 (Riders), which sets out additional terms that apply to Riders.

If you intend to use the Platform as a Driver, only Parts 1 and 2 of these Terms will apply to you.

If you intend to use the Platform as a Rider, only Parts 1 and 3 of these Terms will apply to you.

PART 1: TERMS AND CONDITIONS FOR ALL USERS

PROCESS FOR USING THE PLATFORM

Drivers will list themselves on the Platform as Available to Drive in accordance with clause 1 of Part 2. Riders will use the Platform to submit an open Request to Ride in accordance with clause 1 of Part 3. Users will use the Platform to make orders from the available Platform services. The first Driver within a certain vicinity of the Rider or User to accept the Request to Ride will perform the services
for that Rider or User (Services). The Platform will generate a price bracket within which the actual Ride Fare will fall depending on the time taken to complete the Services (Ride Fare). The Ride Fare is calculated with reference to the distance to be traveled, the time taken to complete the Services, the booking fee, the waiting fee, and the fixed base fare from time
to time. The Platform offers the Rider the option to bid a fare they feel comfortable paying for the travel (bidding). It is up
to the driver to accept or decline the bid. The Platform offers All Users gender choice as an added security feature. The Platform offers Users a history of their Rides or for Drivers, trips completed, revenue earned, and more.

ELIGIBILITY

This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has
previously been suspended or prohibited from using the Platform. By using the Platform, you represent that you are
either: over the age of 18 years and accessing the Platform for personal use; or are under the age of 18 years old and have your parent’s or guardian’s consent to use the Platform and they agree to these terms and conditions on your behalf. Please do not access the Platform if you are under the age of 18 years old and do not have your parent’s or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform. If you use the Platform on behalf of a company or organization you warrant that you have the necessary authority from
that company or organization to do so.

USER ACCOUNTS

In order to use most of the functionality of the Platform, all Users are required to sign up, register, and receive an
account through the Platform (an ‘Account’). As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by SABA from
time to time. You warrant that any information you give to SABA in the course of completing the Account registration process will
always be accurate, honest, correct, and up to date. Once you complete the Account registration process, SABA may, at its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account. SABA reserves the right to contact you about any concerning behavior by you or to seek a resolution with you.

USER OBLIGATIONS

As a User, you agree: to comply with the contractual terms; to not copy, reproduce, translate, adapt, vary or modify the Platform without the express consent of SABA; to not share your Account with any other person; you will be solely responsible for any activities that occur under your Account; that any use of your Account registration information by any other person is strictly prohibited; to immediately notify SABA of any unauthorized use of your Account, password or email, or any other breach or potential breach of the Platform’s security; you must not expressly or impliedly impersonate any other User of the Platform or use the profile or password or account
of another User at any time; that you are solely responsible for your mobile phone, access to and connectivity to the internet, and all costs,
including mobile data, required to use the Platform; to receive marketing materials and other communications from SABA, that you may unsubscribe from, though you cannot unsubscribe from messages on the Platform to your Account; not to use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services; not to harass, impersonate, stalk, threaten, bully or endanger any other User; do not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity
(including requesting or accepting a job that includes illegal activities or purposes); you will not use the Platform in connection with any commercial or money-making or other promotional or marketing endeavors except those that are endorsed herein, or as approved in writing by SABA; do not use the contact details of other Users for the purpose of distributing unsolicited commercial content, junk mail,
spam, bulk content, or harassment; you must not make any automated use of the Platform; not to act in any way that may harm the reputation of SABA or associated or interested parties or do anything at all contrary to the interests of SABA or the Platform; you are solely responsible for your use of the Platform, including for if you are a Rider, requesting, confirming, booking, and using and ceasing to use a Driver; and if you are a Driver, accepting offers to provide, and providing services; and that in making or receiving any payments via the Platform, you warrant that you have read, understood, and agree to be bound by Stripe.com, Pesapal.com, or the terms of use of other payment methods from time to time, that will be available on their website.

USER CONTENT POSTED ON THE PLATFORM

WARRANTIES By providing or posting any information, materials, or other content on the Platform (User Content), you represent and warrant that: you are authorised to provide the User Content (including by being authorised to provide any services that you represent you provide); the User Content is accurate and true at the time it is provided; any User Content which is in the form of a review or feedback is honest, accurate, and presents a fair view of the relevant person and/or your experience; the User Content is free from any harmful, discriminatory, defamatory, or maliciously false implications and does not contain any offensive or explicit material; the User Content is not “passing off” of any product or service and does not constitute unfair competition; the User Content does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information, or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR); the User Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and the User Content does not breach or infringe any applicable laws. LICENCE You grant to SABA a perpetual, irrevocable, transferable, worldwide, and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce, and adapt any IPR in any User Content in order for SABA to use, exploit or otherwise enjoy the benefit of such User Content. If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you forever release SABA from any and all claims that you could assert against SABA by virtue of any such moral rights. You indemnify SABA against all damages, losses, costs, and expenses incurred by SABA arising out of any third-party claim that your User Content infringes any third party’s IPR. REMOVAL SABA acts as a passive conduit for the online distribution of User Content and has no obligation to screen User Content in advance of it being posted. However, SABA may, in its absolute discretion, review and remove any User Content (including links to you, your profile, or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the material and/or information. You agree that you are responsible for keeping and maintaining records of User Content.

NOTICE REGARDING APPLE

If you are accessing Platform from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree: that these Terms are between you and SABA and not with Apple. Apple is not responsible for the Services or any content available on the Services; Apple has no obligation whatsoever to furnish any maintenance and support services for the Services; in the event of any failure of SABA to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, or costs of expenses attributable to any failure to conform to any warranty will be SABA’s responsibility. Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to: product liability claims; any claim that the Services fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation; in the event of any third-party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement, and discharge of any such claim; that you represent and warrant that: you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and you are not listed on any U.S. Government list of prohibited or restricted parties; you must comply with applicable third-party terms of agreement when using the Services; and Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge that SABA cannot
guarantee that: the Platform will be free from errors or defects; the Platform will be accessible at all times; messages sent through the Platform will be delivered promptly, or delivered at all; information you receive or supply through the Platform will be secure or confidential; or any information provided through the Platform is accurate or true.

INTELLECTUAL PROPERTY

SABA retains ownership of the Platform and reserves all rights in any IPR owned or licensed by it not expressly granted
to you.

THIRD-PARTY CONTENT

The Platform may contain text, images, data, and other content provided by a third party and displayed on the Platform
(Third Party Content). SABA takes no responsibility for Third Party Content and makes no representation
or warranty about the quality, suitability, accuracy, reliability, currency, or completeness of Third-Party Content.

DISPUTES BETWEEN USERS

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve
any dispute with another User with that User. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report the complaint to SABA via the contact form on the
Platform, via our website, or email directly to admin@sabarides.com. We will assess the complaint and attempt to resolve
it quickly and satisfactorily. Any costs you incur in relation to a complaint or dispute will be your responsibility. The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between the Users that are party to the dispute. The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator. If you have a dispute with the Company, you agree to notify us first and enter into discussion, mediation, or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings. Notwithstanding any other provision of this clause 10, you or the Company may at any time cancel your Account or discontinue your use of the Platform.

SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones, or other electronic
devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the
process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other
forms of interference.

DISCLAIMER

(Limitation of liability) To the maximum extent permitted by applicable law, SABA excludes completely
all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including
negligence), statute, equity, indemnity, or otherwise, arising from or relating in any way to the Platform or its use or
any services provided by any Driver. This includes the transmission of any computer virus. (Warranties) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, the Company’s liability for breach of that non-excludable condition, warranty, or guarantee will, at our option, be limited to: in the case of goods, their replacement, or the supply of equivalent goods or their repair; and in the case of services, the supply of the services again, or the payment of the cost of having them supplied again. (Indemnity) You agree to indemnify the Company and its employees and agents in respect of all liability for loss, damage, or injury which may be suffered by any person arising from you or your representatives’ use of the
Platform or your provision or receipt of Services from another User. (Consequential loss) Under no circumstances will the Company be liable for any incidental, special, or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits, or revenue arising under or in connection with the Platform, these Terms or their subject matter, or
any services provided by any Driver.

CONFIDENTIALITY

You agree that: information owned by SABA, including system operations, documents, marketing strategies, staff information, and Rider
information, may be disclosed or made available to any third parties; and all communications involving the details of other users on this Platform are confidential, must be kept as such by you, and must not be distributed nor disclosed to any third party. PRIVACY You agree to be bound by the clauses outlined in SABA’s Privacy Policy, which can be found at www.sabarides.com.

TERMINATION

SABA reserves the right to terminate a User’s access to any or all of the Platform (including any listings and
memberships) at any time without notice, for any reason. In the event that a User’s Account is terminated: the User’s access to all posting tools on the Platform will be revoked; the User will be unable to view the details of all other Users (including contact details, geographic details, and any other personal details, and Available to Drives or requests); and the User will also be unable to view the details of all other Drivers (including contact details, geographic details, and any other details), and all available Drives previously posted by the respective User will also be removed from the Platform. Users may terminate their Account on SABA at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, SABA will effect such termination within a reasonable time after receiving written notice from the User. Notwithstanding termination or expiry of your membership or these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply. RECORD/AUDIT To the extent permitted by law, the Company reserves the right to keep all records of any transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request
bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to
produce these records in the event of any legal dispute involving the Company.

GOVERNING LAW

This agreement is governed by the law of the country where we do business – Australia (Queensland and Victoria states), Kenya, Ethiopia, and Zimbabwe).

JURISDICTION

Each party irrevocably submits to the exclusive jurisdiction of the courts of Kenya, Zimbabwe, or Ethiopia, and courts
of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party
irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an
inconvenient forum.

PART 2: ADDITIONAL TERMS AND CONDITIONS FOR DRIVERS

  1. AVAILABLE TO DRIVE

You acknowledge and agree that you must only list yourself as available to provide driving services when you are
available to collect any passenger from any location and drive them to their chosen location, and you otherwise comply
with this clause 1 (Available to Drive).

As part of registering for an Account as a Driver, you must upload your current drivers’ license and other documents as
required from SABA from time to time (Licences). SABA will, without being under any obligation to do
so, verify the currency of your license.

To avoid driver fatigue: The company strongly advises drivers not to drive when they feel fatigued. Drivers may be
impaired by fatigue even when complying with work and rest limits. It is important to spot the signs of fatigue early so
you can take a break.

You acknowledge and agree that you must not list yourself as Available to Drive for extended periods of time. That you
should not drive for more than 10 (ten) hours per day.

You acknowledge and agree that you make yourself available to drive by changing your status to “online” via your SABA
dashboard.

At all times while you are Available to Drive, you must not be under the influence of illicit drugs or alcohol, or
prescription drugs that cause drowsiness. You should consult your medical doctor if you are taking such medications for
advice.

By listing yourself as Available to Drive you represent and warrant that you comply with all of these contractual Terms,
including as set out in this Part 2.

Alcohol and other Drugs usage

You acknowledge and agree to SABA Alcohol and other drugs policy found on our website www.sabarides.com.

  1. ACCEPTANCE OF REQUEST TO RIDE

If your status is “online” Available to Drive, you will be notified when a Rider submits a Request to Ride via the app.

If you are the first Driver to accept the Services, you acknowledge and agree that you must perform the Services and use
your best endeavors to not cancel the Services.

SABA will have no responsibility for the accuracy, reliability, or timeliness of the content provided in a Request to
Ride.

  1. DRIVER REQUIREMENTS

By creating an Account and listing yourself as Available to Drive, you represent and warrant that you: have held an unrestricted driver’s license for at least a minimum of 3 years; have an iOS or Android smartphone; can communicate with Passengers in English or any local language clearly and effectively; consent to any background checks such as, but not limited to, a criminal history and driving history check; have all necessary licenses, permits, and approvals to provide transportation services to third parties; own or have leased a personal vehicle that meets the requirements in clause 4; and meet all the Driver requirements published by the official transport authority in your state.

  1. VEHICLE REQUIREMENTS

By creating an Account and listing yourself as Available to Drive, you represent and warrant that your vehicle:has 4 outward opening doors with external handles; is no older than 15 years old; has a minimum of 5 seats which includes the driver’s seat and working non-frayed seat belts for the Driver and all passengers/Riders; is registered in the driver’s name or be registered in a business name where the driver is named on the business’ insurance policy; is registered in your state or country. is covered by compulsory third-party personal injury insurance, including for commercial ridesharing purposes; is covered by third-party property or comprehensive insurance, including for commercial ridesharing purposes; does not have any significant internal or external wear and tear, such as, but not limited to, upholstery stains or significant body scratches or dents; does not have any non-compliant aftermarket modifications; does not have any commercial branding;
is not a convertible, ex-taxi, instructor vehicle, or commercial vehicle such as a bus, truck or utility van; and complies with the vehicle requirements published by the official transport authority in your state, as updated from time to time.

  1. FEES AND PAYMENT PROCESS

Using the Platform and listing yourself as Available to Drive is free. Once you complete the Services, the Platform will display the Ride Fare or delivery fee. SABA offers cashless payment services. On account creation, Riders are assigned a unique, electronic “wallet” in which
to store funds through their SABA account (Wallet). The funds are kept securely in the Rider wallet to
be used as needed by the Rider. On completion of the Services, the Rider will pay the Ride Fare by transferring funds to SABA from their Wallet; by paying the Driver cash; by paying using a credit or debit card; or by any other payment method as approved by SABA from time to time. If the Ride Fare is paid by the Rider to: the Driver, you must then transfer 10% of the Ride Fare (Commission) to SABA within a reasonable time after having received it from the Rider; or SABA, SABA will transfer the Ride Fare minus the Commission to the Driver (either to the Driver’s wallet in the Platform or the Driver’s bank account directly) within a reasonable time after having received it from the Rider. SABA reserves the right to change or waive the Commission at any time by updating these Terms. 

You acknowledge these charges can be changed depending on fuel costs and other economic factors.

You acknowledge that the SABA commission is pegged at 10% (Australia), 7% (Kenya, Zimbabwe), and 8% (Ethiopia) of the trip cost.

  1. REFUNDS & CANCELLATIONS

SABA will have no liability or obligation to you if a Rider cancels at any time after you have accepted the Services,
and you will not be entitled to any compensation from SABA, including any portion of the Commission. The Commission is by default non-refundable. However, SABA may, in its absolute discretion, issue refunds of such fees in certain circumstances. If you wish to cancel a service before you have fulfilled the requirements of the service the Rider requested, you must notify the Rider as soon as possible as a courtesy and also contact us using the Platform’s functionality, including providing details as to why you are cancelling. If SABA decides to investigate your request, you must provide assistance and information to SABA as reasonably requested. If we accept your request to cancel a service, we may take one or more of the following actions: Cancel or suspend your Account; refund the Ride Fare, including or not including the Commission, to the relevant Rider; and/or require that you pay all or part of the Commission refunded to the Rider and issue you an invoice for that amount.

  1. RELATIONSHIP

The relationship between SABA and the Driver is of a principal and an independent contractor. Nothing in this
contractual agreement constitutes or deems the Driver to be an employee or agent of SABA. By using our Services, you
confirm and agree to all contractual terms.

  1. BYPASSING

You agree that while you are a Driver on the Platform, you will not, either directly or indirectly, solicit or attempt
to solicit any business, work, income, or other benefit, from any Rider whom you came to know about, or with whom you
provided services to directly or indirectly, by using the Platform. This provision will apply whether or not the Rider
or their representative is still active on the Platform.

SABA, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or
suspects that you have breached or are in breach of this clause 2.4.

  1. BINDING CONTRACT (Driver & Rider)

You agree that when a Rider submits a Request to Ride, this constitutes their intention and offer to enter into a
contract with you, where you will provide the Rider with the service in the Available to Drive they responded to in
exchange for payment of the Ride Fare. A contract is formed in this respect when you respond to a Request to Ride with
an email or message on the Platform confirming that you accept the Rider’s offer. You agree to fulfill that contract.
You agree to treat the Users professionally. You are required to treat all Users with respect regardless of gender,
race, color, language, nationality, tribe, political affiliation, or physical impairment. Any allegations of sexual
abuse or harassment will be reported to law enforcement authorities for further investigation. The company reserves the
right to suspend or deactivate the driver’s account at any time even without explanation.

  1. WARRANTIES

By listing yourself as a Driver on the Platform and posting as Available to Drive, you represent and warrant that: you are generally able to fulfill the requirements of the services; you will provide the Services: using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent, and safe manner, and to the best industry standards; and in compliance with all applicable laws and driving regulations of the state or country. you understand that SABA does not hold insurance in respect of any services you may provide to a Rider, including any compulsory third-party insurance or public liability insurance, and that it is your responsibility to obtain and hold
any such insurances; and any individuals or companies involved in performing the relevant services have not been previously convicted of a
felony, and there are no current legal, criminal, civil or administrative proceedings against such individuals or
companies.

PART 3: ADDITIONAL TERMS AND CONDITIONS FOR USERS AND RIDERS

  1. OFFER TO PURCHASE

By submitting a request to be picked up by a Driver and driven to a chosen location (Request to Ride)
you represent and confirm that you: have the legal capacity and are of sufficient age to enter into a binding contract with us; and are authorised to use the debit or credit card included in your order. Submitting a Request to Ride constitutes your intention and offer to enter into a contract with the Driver, where the Driver will provide you with the service you have ordered in exchange for your payment of the Ride Fare. A contract is not formed until you receive a message on the Platform from the Driver confirming that the Driver has accepted your
offer.

  1. FEES (Riders)

You acknowledge and agree that for each Request to Ride you submit that is accepted by a Driver, you must pay the Ride
Fare. You acknowledge that these charges may be changed anytime in response to economic indicators and or regulatory
orders.

  1. PAYMENT

(Payment obligations) Unless otherwise agreed in writing with the Driver you must pay for all Services
on completion of the Services. (Card surcharges) SABA reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club). (Payment methods) On account creation, Riders are assigned a unique, electronic “wallet” in which to store funds through their SABA account (Wallet). The funds are kept securely in the Rider wallet to be used as needed by the Rider. On completion of the Services, the Rider will pay the Ride Fare by: transferring funds to SABA from their Wallet; by paying the Driver cash; by transferring funds by direct deposit to SABA’s bank account; or by any other payment method as approved by SABA from time to time. (Online payment partner) SABA may process payments through the Platform using Stripe.com, Pesapal.com, or another third-party payment provider (Online Payment Partner). In addition to these Terms, your purchase of any Services via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website. You agree to release SABA and its employees and agents in respect of all liability for loss, damage, or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment. (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order
was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible and rectify
the issue.

  1. CANCELLATIONS

SABA will have no liability or obligation to you if a Driver cancels a job any time after they have accepted your
Request to Ride and you will not be entitled to any compensation from SABA. If you wish to cancel a service before the Driver has picked you up, you must contact the Driver and you may be charged a cancellation fee at SABA’s discretion. If SABA decides to investigate your cancellation, you must provide assistance and information to SABA as reasonably requested.

  1. COMMUNICATION OUTSIDE THE PLATFORM

You must not communicate with a Driver, or request or entice a Driver to communicate with you, outside the Platform
(except in the course of accepting the Driver’s services).

SABA RIDES, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or
suspects that you have breached or are in breach of this clause 5.

D&H Media Services Pty Ltd 15th February 2024