Terms and Conditions

1. About Theses Terms and Conditions

By Downloading, accessing or using any of the Ryder Applications, you agree to be bound by these Terms and Conditions of use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of use, you must immediately discontinue your access to the Ryder Applications and your use of the services offered on the Ryder Application Suite. Continued use of the Ryder Application Suite will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.

These Terms and Conditions of use set out important information regarding your rights and obligations, and the restrictions that may apply when you:

1.1. use any of our services for these purposes, our services include (but not limited to) the provission of content (both online and offline), social media and/or interactive applications, audio and visual content, text, photographs, advertising, app and similar services that we currently provide or make available in the future;

1.2. access our platform or devices (the “Platforms”): our Platforms include (but are not limited to) the internet(including but not limited to www.ryder-app.com, www.ryder.mobi and all its sub-domains(the “Website”)); other media platforms and software applications(which, for example, may enable you to view and use content and services within our Platforms over a mobile or wifi network); other portable or non-portable communication or other electronic device; and any similar platforms that we currently provide or make available in the future, (together refered to as “Services”);

1.3. subscribe to use additional services via the Platforms (the “Subscription Services”, being part of the Services). Our references below to the Services should be taken as including the Subscription Services unless we state otherwise.

2. Definitions

2.1. In these Terms and Conditions of Use, the following terms shall have the following meanings, except where the context otherwise requires:

2.2. “Ryder Applications” and “Ryder Application Suite” refers to the entire Ryder App suite owned by RYDER APP (PTY) LTD of which includes the following applications:

2.2.1. Ryder App (Consumer and General Application)

2.2.2. Ryder Manager App (Application used primarily by clubs, tracks, organisation, venues and/or hosts)

2.2.3. Ryder Websites (Informative and Public accessible website)

2.2.4. Ryder Web Applications (Primarily used by Ryder Staff)

2.3. “Account” means an account created by a user, club or organisation on any of the Ryder Applications as part of registration.

2.4. “Merchant” refers to any entity whose products, samples or services can be purchased and/or redeemed (as the case may be) via the Ryder Applications.

2.5. “Club and/or Track, Venue, Host and/or organisation” refers to any entity who has listings and/or profiles on the Ryder Applications.

2.6. “Privacy Policy” means the privacy policy set out in Clause 14 of these Terms and Conditions

2.7. “Register” means to create an Account on the Ryder Applications Suite.

2.8. “Registration” means the act of creating such an Account.

2.9. “Samples” means samples of Merchant’s products and/or Merchants services, including without limitation, any vouchers for the redemption of such services, and Sample means any one of them.

2.10. “Tracks” refers to a physically owned track represented in the Ryder Application Suite primarily owne by a Club and/or organisations, including without limitation, entry, access through payment digitally or physically through the Ryder Applications.

2.11. “Events” refers to a Club and/or Organisations hosted event on the Ryder Application, including without limitation, entry, access through payment digitally or physically through the Ryder Applications.

2.12. “Listings” means any visible representation on the Ryder Applications related to a Club and/or Organisations, including without limitation, information, tracks, venues, events listed by a Club and/or Organisation.

2.13. “Indemnity Form”s refers to a Club and/or Organisation self set Indemnity Forms of which the content and protection related to the Indemnity Forms to gain access remains the responsibility of the listed Club and/or Organisation.

2.14. “Indemnity” refers to the exemption from any and all legal liability, security, protection of the use or actions.

2.15. “Services” means all the services provided by either the Ryder Application suite or specifically referenced in the content of the use of the word Service/s

2.16. “Users” means the users of the Ryder Applications, including you and User means any one of them.

2.17. “Affiliates/Associates” refers to Owners, Directors, Officers, Employees, Agents and successors.

3. General

3.1. Applicability of terms and conditions: The use of any of the Ryder Applications and it’s Services are subject to these Terms and Conditions.

Location: The Ryder Applications and Services are intended for the use across the entire world, In the event that the country in which you are accessing the app in does not have content displayed this may be a result that non of the Clubs and/or Organisations in your area or Country is currently using the Ryder Applications. You may contact the Ryder team through the website to assist with getting representatives to attempt to sign up Clubs and/or Organisations in your area/Country.

3.2. Scope: The Ryder Applications has a variety of commercial applications and private use applications as listed below

3.2.1. Ryder App (Consumer Application) – This application is for your non-commercial, personal use only and must not be used for business purposes.

3.2.2. Ryder Manager App (Club and Organisation Application) – This application is for the use of verified entities to use for commercial use, there are no Costs involved and is 100% free (Subject to Handling Charges options selected and additional marketing, services and graphic designs) to use for Clubs and /or Organizers, however, only verified entities will be listed.

3.3. Prevention on use: We reserve the right to prevent you using the Ryder Applications and Services in any event that is deemed unlawful or against moral usage of the applications, Ryder reserves the right to proceed with further action in the event of any unlawful or immoral usage of the Application Suite.

3.4. Equipment and Network: To make use of any of the Ryder Application either a wifi or mobile network connectivity is required, You acknowledge the terms and conditions of use of your network provider will continue to apply when using the Ryder Applications. As a result, you may be charged by the network provider for access to network connection services for the duration of the connection while accessing the Ryder Applications or any such third party charges as may arise. You accept responsibility for any such charges that arise and completely indemnify RYDER APP (PTY) LTD and all it’s associates. The applications can run on up to date smartphones including Tablets and handheld devices with one of the following Operating Software offerings iOS, Android or Huawei.

3.5. Permission to use the Ryder Applications: If you are not the bill payer for the mobile devices being used to access the Ryder Applications, you will be assumed to have received permission from the bill payer of the Mobile Device and or the Ryder Applications.

3.6. License to Use Material: By submitting any text, images or videos (including photographs)(Material) via the Ryder Applications, you represent that you are the sole owner of the Material, or have proper authorisation from the owner of the Material to use, reproduce and distribute it. You hereby grant RYDER APP (PTY) LTD and all it’s affiliates/Associates a worldwide, royalty-free, non-exclusive license to use the Material to promote any products, services, clubs, venues, events. In an event that you are not the Owner nor have authorisation to use the Material submitted to the Ryder Applications, you completely indemnify RYDER APP )PTY) LTD and all of it’s associates/affiliates, and RYDER APP (PTY) LTD reserves the right to remove such material immediately, within discovery.

4. Account Registration

4.1. In order to access or use certain features of the Ryder Applications you will be required to create an account and become a Registered user of the Ryder Applications. During the registration you will be required to supply certain information including the email and password to be used when accessing your account on login, You agree to provide accurate, current and complete information during the registration process and at other times when you use the Ryder Applications and to update such information to keep it accurate, current and complete.

4.2. Upon registration and/or first entry into the app you will be asked by your device’s Operating system, to enable any/if not all of the following:

4.2.1. Enable Push Notifications

4.2.2. Enable Location Services

4.2.3. Enable access to Contacts

4.2.4. Enable access to your Camera

4.2.5. Enable access to you photo Library

4.3. Ensuring the above permissions have been enabled would allow the Ryder Applications to operate efficiently and as intended with the consideration of network, battery life and device.

4.4. You must keep your access details confidential and not allow others to use them. Security of the account is your responsibility and RYDER APP (PTY) LTD assumes no liability for any loss or damage arising from any unauthorized use of your account by a third party. You must notify RYDER immediately of any unauthorized use of the account or any other breach of security.

4.5. In the event of the security of your account being compromised, We reserve the right to suspend the processing of any communications and will immediately deactivate the associated login credentials. You shall refrain from using the Ryder Applications until new login credentials are issued.

4.6. You hereby indemnify and hold RYDER APP (PTY) LTD, its directors, employees, agents, and representatives harmless for any and all losses, damages and expenses arising from your failure to ensure the security of the account, including all legal fees, on an attorney-client scale.

4.7. By registering on the Ryder Applications, you agree to refrain from:

4.7.1. selecting or using a name, mobile phone number, or e-mail address of another person with the intent to impersonate that person;

4.7.2. using a name, mobile phone number, or e-mail address subject to the rights of any person without their authorisation;

4.7.3. using “bots” or other automated ways to create an account; or

4.7.4. using a name in violation of the intellectual property rights of any person.

4.7. By registering on the Ryder Applications as a minor under the age of 18 years old, you and your parents/guardians acknowledge the use of the Applications by a minor. This is directly seen that the Minor below the age of 18 years old has the consent from the parents/guardians to use this application, therefore when a Minor Engages with an Indemnity Agreement within the Ryder Applications, the parents/guardians acknowledge and accept full responsibility of the accepted Indemnity Agreement, therefor Parents/Guardians of minors using the Ryder App agree to fully and completely indemnify RYDER APP (PTY) LTD, its directors, employees, agents, and representatives harmless from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including without limitation, personal injuries, death, and/or property damage, that is either directly or indirectly related.
All Parent/Gaurdians reserve the right to immediately request termination of the minors account within their control, for this parents/guardians are to formally submit a request to remove the account via email to hello@ryder-app.com

5. Third Party Service Providers

5.1. In order to provide assistance to you in an event where you may have been injured, trapped or of a higher severity, you agree to completely indemnify RYDER APP (PTY) LTD, its directors, employees, agents, and representatives and any use-ability features used to assist in such an event, such as Scanning your QR Code to retrieve information to assist accordingly, including but not limited to:

5.1.1. Peer-to-Peer Scanning Assistance (User of the Ryder App (Consumer Application ))with the available assistance from the Ryder App as such:

  • * Your Name
  • * Your Emergency Contact Number 1
  • * Your Emergency Contact Number 2

5.1.2. Club/Venue/Host-to-Peer Scanning Assistance (User of the Ryder Manager App) with the available assistance from the Ryder App such as:

  • * Your full name
  • * Medical Information
  • * Medical Aid Name
  • * Medical Aid Scheme
  • * Medical Aid Number
  • * Allergies
  • * Emergency Contacts 1
  • * Emergency Contacts 2

5.2. Take careful note that information is fully dependent on you to ensure you have entered your medical information into the Ryder App, If you have not done as such, non of the above nor RYDER APP (PTY) LTD, its directors, employees, agents, and representatives may be liable for anything and 100% indemnified by you, as a result of you not entering your Medical Information, making it unavailable for Scanning Assistance.

5.3. You (The User) agree that RYDER APP (PTY) LTD, its directors, employees, agents, and representatives shall not be liable for any delays and/or failures to render the response service attributable to such third parties.

5.4. You (The User) agrees that the medical emergency service provider shall render the response service to you (The User) on a user-to-pay basis, where applicable i.e. you (The User) shall be directly liable to such service provider for the fees associated with the service provider’s service.

5.5. RYDER APP (PTY) LTD, its directors, employees, agents, and representatives makes no warranty that responders (Peers (Other users) , Club and/or Organisation, EMS) will be available in the area of an incident and such shall not be liable for any lack of response that may arise thereof.

5.6. You (The User) hereby release RYDER APP (PTY) LTD, its directors, employees, agents, and representatives from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including without limitation, personal injuries, death, and/or property damage, that is either directly or indirectly related to or arises from:

  • * Any other Users of the Ryder Applications.
  • * Any services of third parties to RYDER (PTY) LTD and its affiliates/associates.
  • * Any interactions with other Users on the Ryder Applications.
  • * Any interactions with any responders. and/or
  • * Any technical issues or other service issues (including third party service issues) that may lead to a delay in response or a delay in service to you (The User).
6. Applicable Restrictions For All Users

6.1. You may not use the Ryder Applications for any purpose that is unlawful or prohibited by this Agreement, any Separate Agreement, any applicable additional or amended Terms and Conditions Agreement, or any other conditions or notices that are made available on the Ryder Applications or Website. Unauthorized use of this Application may result in RYDER APP (PTY) LTD instituting a claim for damages against you and/or you may be found guilty of a statutory and/or criminal offence.

6.2. The User shall be 18 years of age or over to download, install, access or use the Ryder Applications. Users under the age of 18 shall obtain consent from a parent or guardian prior to downloading, installing, accessing or using the Application, It will be seen that a user under the age of 18 has received consent from the parent or guardian, with continued use of the Ryder Applications. See section 4.7 for more information.

6.3. By using or accessing the Ryder Applications, you agree to refrain from the following conduct:

6.3.1. transmitting any worms, viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature. This includes not interfering with the operation of any of the tools, scripts, routines or codes of the Application and/or the services, including by using any software, routine or device that will or may interfere with the tools, services and/or Application, such as viruses, trojan horses, worms, time bombs, or cancelbots and/or other codes or malware of a destructive nature;

6.3.2. intercepting any data or personal information of any User or third party transmitted on or via the Ryder Applications;

6.3.3. using the Ryder Applications to perform or promote any act that is unlawful, misleading, malicious, defamatory, or discriminatory;

6.3.4. performing any action that may disable, override or impair the efficient and/or proper operation or working of the Ryder Applications;

6.3.5. sharing content, taking or mobilising action using the Ryder Applications in a way that infringes or violates any person’s rights or the laws of any jurisdiction;

6.3.6. utilising the Ryder Applications for any illegal or unauthorised purposes; and

6.3.7. violating any laws in any jurisdiction, including but not limited to any intellectual property laws.

6.4. Any act or omission which results in a failure to abide by the restrictions set out, as determined by RYDER APP (PTY) LTD in its sole discretion, will result in immediate suspension or termination of the account.

6.5. In addition to the above, RYDER APP (PTY) LTD reserves the right, at any time and without prior notice, to immediately suspend or terminate a user’s account at our discretion for any reason. Some of the reasons we may suspend or terminate a user’s account may include finding the user’s conduct towards RYDER APP (PTY) LTD personnel, Responders, other users or any other person to be objectionable, in violation of these Terms, or otherwise harmful to the Service or another person.

6.6. RYDER APP (PTY) LTD are not liable to you nor any third party for any breach of your obligations under this Agreement and for any consequences arising as a result of such breach, including any loss or damages which you or any third party may suffer.

6.7. Unauthorised use of the Ryder Applications includes engaging personally or permitting a third party to engage in the following activities:

6.7.1. copying, adapting, modifying, publishing, republishing, distributing or redistributing Ryder Applications or the material on the Ryder Applications without RYDER APP (PTY) LTD prior written consent;

6.7.2. using any automated data collection, data mining or data gathering methods of any kind in relation to the Ryder Applications;

6.7.3. Reverse engineering, disassembling, decompiling, transferring, exchanging or translating the source code of the Ryder Applications;

6.7.4. making and distributing copies of the Ryder Applications or allowing such activity by third parties on your behalf;

6.7.5. creating derivative works of the Ryder Applications of any kind.

6.8. Failure to comply with these provisions will result in your account being deactivated without prior notice. In addition, RYDER APP (PTY) LTD reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the misconduct in question (which may include the issuing of fines and/or imprisonment), in addition to any applicable civil damages.

7. Transactions And Payments

7.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology, through a third party payment service called Paystack.

7.2. Whether paying for entry to a track owned by a Club or memberships to Clubs and/or Organisations, events or merchandise, payment can be made for via:

  • * Debit Card
  • * Credit Card

7.3. For Ryder Manager Apps it is important to supply the correct banking details to which all fees transacted in the applications will be paid out to the relevant account, Information to be supplied as follows in the Ryder Manager App:

  • * Bank Account Name
  • * Bank Account Number
  • * Bank Account Type
  • * Bank Name
  • * Bank Branch Number
  • * Bank SWIFT Code

Note that the banking details can only be added to a verified and listed Club and/or Organisation account. ENSURE THE BANKING DETAILS ARE CORRECT

All participating Clubs and Organisations hereby fully indemnify RYDER APP (PTY) LTD, its directors, employees, agents, and representatives in the event of incorrect banking details supplied and the participating Club and/or Organisation claims full responsibility of any sorts of the required amount paid to the incorrect account credentials.

7.4. Ryder Manager Account holders will receive on weekly basis Thursdays payment owed to them, all Fees are deducted and indicated on the weekly statements, Fees include
Service Fee of 5.00%
Transaction Fee of 3.50%

7.5. Take note that Payouts do not include Forex charges in an event that RYDER APP (PTY) LTD has not yet set up an account in your region/country. Until such a time you accept full responsibility of all Forex Charges in an event that a Payout has been requested. Alternatively Contact Ryder to speed up the process of setting up accounts in your Region/Account.

7.6. REFUNDS: A user can contact the support line at help@ryder-app.com or through the support/help option on both mobile and website to request a refund. A support technician will be in-contact with you to verify your purchase, Once a purchase has been verified, all information and communication is passed onto the organisers to assist the user with a refund. NOTE: RYDER DOES NOT PROCESS REFUNDS AS ALL FUNDS PER TRACK ENTRY, EVENT ENTRY AND MEMBERSHIPS GET PAID OUT TO THE RESPECTIVE CLUBS AND ORGANISATIONS ON A WEEKLY BASIS, THEREFORE ANY AND ALL REFUNDS REMAIN BETWEEN THE CLUB/ORGANISATION AND USER, RYDER ONLY VERIFIES TRANSACTIONS TO ASSIST CLUBS/ORGANISATIONS AGAINST ANY POSSIBLE FRAUDULANT ATTEMPTS. Note the Club/Organisation may have disclosed in their Indemnity agreements any information or terms related to their refund Policy.

7.7. Fraudulent transactions, In an event that either from the Ryder administrations offices a fraudulent transaction has been identified, the user of the account will be contacted ASAP via phone or email. If in an event you believe a fraudulent transaction has taken place on your account, promptly contact a Ryder Agent to investigate and the Agent will advise the next steps.
If in an event you believe an organisation or club on the Ryder App is operating in false pretences or in a fraudulent manner, kindly submit your enquiry to admin@ryder-app.com for further investigation, incase a case has been opened against the club/organisation kindly inform Ryder on the above email to suspend the club/organisations account until further actions or a verdict of the investigation has been concluded.

7.8. All Clubs and Organisations give consent to RYDER APP (PTY) LTD by default through the use of the mobile application to deduct any and all outstanding balances for Service Fees from the Club and/or Organisations available funds before any payouts may take place.

7.9. All Clubs and Organisations accept the payment for any all all Cash transactions with a Service fee in the app to be paid to RYDER APP (PTY) LTD by the end of each month on receipt of their statement, as per above if available funds are suffiecient in the Club or Organisation’s account the Service Fees will be deducted there first before a statement is sent to display all transactions within the statement. Failure to pay the Service Fees within 30 days from Statement date of Cash transactions that were recorded in the Ryder Manager App, RYDER APP (PTY) LTD reserves the right to immediately suspend your account and take further legal action.

7.10. Below is RYDER APP’s Banking Details South Africa

Bank: First National Bank
Account Type: Cheque Account
Account Name: RYDER APP
Account Number: 6288 1541 497
Reference: Your Statement Number

8. Incidents

You (The User) hereby release RYDER APP (PTY) LTD, its directors, employees, agents, and representatives from claims, demands, any and all losses, damages, rights, claims, and actions of any kind, including without limitation, personal injuries, death, and/or property damage, that is either directly or indirectly related to or arises from:

  • * Any use of the Ryder Applications
  • * Any other Users of the Ryder Applications (Including Clubs and Organisations).
  • * Any services of third parties to RYDER (PTY) LTD and its affiliates/associates.
  • * Any interactions with other Users on the Ryder Applications.
  • * Any interactions with any responders. and/or
  • * Any technical issues or other service issues (including third party service issues) that may lead to a delay in response or a delay in service to you (The User).
9. Data And Usage of Analytics

9.1. RYDER APP (PTY) LTD DOES NOT sell or provide your data to any third party services, Information is used by Ryder Applications and RYDER APP (PTY) LTD as intended and needed.

9.2. By accessing the Ryder Applications and continuing to use the Application Suite, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have accepted consent to our use and disclosure of your personal information in the manner described in our Privacy Policy including other Ryder Applications access to the following personal information:

9.2.1. Consumer Ryder App:

  • * Profile Image
  • * Name
  • * Emergency Contact Number 1
  • * Emergency Contact Number 2

9.2.2. Ryder Manager App

  • * Profile Image
  • * Full Names (First and Last Names)
  • * Email
  • * Phone Number
  • * Race License
  • * Medical Aid Name
  • * Medical Aid Scheme
  • * Medical Aid Number
  • * Blood Type
  • * Allergies
  • * Emergency Contacts (Names and Numbers)

9.3. Any personal information supplied to the Ryder Applications will be dealt with in accordance to our Privacy Policy. The collection, use, and disclosure of your personal information is described in our privacy policy.

10. Intellectual Property

10.1. All content made available to you though the Ryder Applications, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by RYDER APP (PTY) LTD or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the Ryder Applications is the exclusive property of RYDER APP (PTY) LTD and is protected by South African and international copyright laws.

10.2. You agree that if you breach the terms of this clause, RYDER APP (PTY) LTD will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. RYDER APP (PTY) LTD will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.

10.3. Nothing on the Ryder Applications should be regarded as granting any licence or right to use any trademark without RYDER APP (PTY) LTD’s prior written permission and/or that of the relevant third party.

10.4. Although RYDER APP (PTY) LTD undertake to ensure the relevant security safeguards, we cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Ryder Applications.

10.5. If you believe that there has been an intellectual property breach or are aware of such a breach, please contact us as soon as possible so in order for the breach to be addressed.

11. Limitation Of Liability

11.1. You understand, acknowledge and agree that downloading and/or usage of the Ryder Applications, and reliance on the Service is entirely at the discretion and risk of You (The User). RYDER APP (PTY) LTD, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the Ryder Apps, including, but not limited to:

  • * Content
  • * Functionality
  • * Hours of availability and equipment needed for access or use of the Ryder Applications.

11.2. The Ryder Applications, Services and information on any of the Ryder Applications and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

11.3. We do not warrant that the Ryder Applications will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Ryder Applications will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

11.4. While we may use reasonable efforts to include accurate and up-to-date information on the Ryder Applications, we make no warranties or representations as to its accuracy, timeliness or completeness.

11.5. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Ryder Applications and the services offered, your access to, use of or inability to use the Ryder Applications or the services offered, reliance on or downloading from the Ryder Applications and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if RYDER APP (PTY) LTD have been advised of the possibility of such damages.

11.6. RYDER APP (PTY) LTD shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Ryder Applications and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

11.7. Not withstanding our efforts to ensure that RYDER APP (PTY) LTD’s system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Ryder Applications, or electronic mail transmitted to and from us, will not be monitored or read by others.

11.8. RYDER APP (PTY) LTD shall not be liable for damage to, or viruses or other code that may affect any equipment, software, data or other property as a result of the User downloading, installing, accessing or using the Ryder Applications.

11.9. RYDER APP (PTY) LTD shall not be liable for any errors, inaccuracies or omissions in regard to the information and materials provided on the Ryder Applications.

You (The User) acknowledges that RYDER APP (PTY) LTD will not be held liable for the manner in which the Responder (Peer, Club/Host, EMS or other Ryder Applications User) provides assistance, the time it takes for the Responder (Peer, Club/Host, EMS or other Ryder Applications User) to assist or the consequences of delayed assistance by the Responder (Peer, Club/Host, EMS or other Ryder Applications User).

11.10. You (The User) hereby indemnifies RYDER APP (PTY) LTD, its affiliates, agents, employees, Response Partners or Responders (Peer, Club/Host, EMS or other Ryder Applications User) as well as all of their respective shareholders, directors, employees or agents (Indemnified Parties), and shall keep such Indemnified Parties harmless at all times, as against any and all liability, loss (including consequential loss), costs and/or damages whatsoever and howsoever arising, as may be suffered by you (The User) or any third party arising from or in connection with the Ryder Applications, whether or not attributable to any act or omission of the Indemnified Parties, negligent or otherwise.

11.11. Entrances to Club venues, events and track and/or entrance to Organisation venues and events, you will abide and accept their indemnity agreements as setup in the app. The indemnity agreement does not relate to Ryder Applications and therefor is an agreement between you and the Club and/or organisation. Both parties completely indemnify RYDER APP (PTY) LTD, its directors, shareholders, affiliates, agents, employees for any issue that may arrise due to the lack or content of the Club and/or Organisation’s indemnity agreements. RYDER APP (PTY) LTD does not control nor own the contents of a club and/or organisation’s indemnity agreement, therefore both clubs and/or organisations may under no circumstances hold RYDER APP (PTY) LTD, its directors, share holder, affiliates, agents, employees, responsible, nor may any consumer do as such.

BY USE OF THE RYDER APPLICATIONS ALL PARTIES COMPLETELY INDEMNIFY RYDER APP (PTY) LTD, its directors, share holders, affiliates, agents, employees for the any claims that may arrise in participation on a club and/or organisations tracks or events and the consumers therefor fully abide by the indemnity agreement of the club and/or organisations.

12. No Warranties

12.1. You expressly agree that use of the Ryder Applications is at your own risk. You understand and agree that any material and/or information uploaded or downloaded or otherwise obtained, through the use of the Ryder Applications, is done at your own risk and discretion. You will be solely responsible for any damage to your device or loss of data that results from the download of information.

12.2. The Ryder Applications is provided on an “as is” and “as available” basis. RYDER APP (PTY) LTD makes no warranty that the Application will meet your requirements or that the Service will be available and uninterrupted. RYDER APP (PTY) LTD does not make any warranties as to the results that may be obtained from the use of the Ryder Applications or to the accuracy of the information and the reliability of the information obtained through the Ryder Applications. RYDER APP (PTY) LTD does not warrant that defects on the Ryder Applications will be corrected.

12.3. RYDER APP (PTY) LTD disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, accuracy, and non-infringement.

12.4. RYDER APP (PTY) LTD makes all reasonable efforts to ensure that all material and information provided in relation to the Ryder Applications is correct but cannot represent or guarantee the accuracy thereof. As such, RYDER APP (PTY) LTD and/or its partners, sponsors, affiliates or agents, make no warranties or representations as to the accuracy of the Ryder Applications content, information, and materials which are provided to you, as is and as available.

12.5. RYDER APP (PTY) LTD makes no warranty regarding any dealings with or transactions entered into with any other parties through the Ryder Applications. The entire risk as to satisfactory quality, performance, accuracy, effort and results to be obtained through the use of the Ryder Applications is with you. No advice or information, whether oral or written, obtained by you from RYDER APP (PTY) LTD or through the Services shall create any warranty not expressly made herein.

13. Domicilium, Jurisdiction And Arbitation

13.1. In the event of any legal dispute or action being brought in connection with this Agreement, it is agreed that the venue of such action shall be Cape Town, South Africa and each party hereby consents to the jurisdiction of the courts thereof.

13.2. You agree that any dispute regarding this Agreement that cannot be resolved amicably, shall first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court and such arbitration shall be conducted in English in Cape Town.

13.3. RYDER APP (PTY) LTD confirms the domicilium citandi et executandi for all purposes associated with the Application, transactions pertaining to the Application, including the giving of any notice, the payment of any sum, the serving of any process, as follows:

RYDER APP (PTY) LTD
Physical Address: 7 Viking Drive, Zonnendal, Cape Town, 7570, South Africa
Postal Address: 7 Viking Drive, Zonnendal, Cape Town, 7570, South Africa
Electronic Mail: info@ryder-app.com
Marked for the attention of: Tian Schoeman
RYDER APP (PTY) LTD does not receive legal notice or accept the serving of documents attached to legal processes on RYDER APP (PTY) LTD by electronic mail.

14. Severability

14.1. This Agreement shall apply to the fullest extent permissible by law. If any provision of the Agreement is unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

15. Electronic Communications And Transactions Act

15.1. The following table contains further information on RYDER APP (PTY) LTD and represents the information that must be provided by RYDER APP (PTY) LTD to you in compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002. You are advised to regularly check this section of this Agreement for any amendments or updates.