Below is a revised version for
SmartD App, structured for a South African multipurpose platform offering taxi services, deliveries, shopping, food, groceries, fashion, parcel delivery, and car hire.
Google Play also requires apps that allow account creation to provide both an
in-app account-deletion option and a working
public webpage where deletion can be requested. Your Play Console Data Safety declarations must accurately match the app’s actual data practices. ([Google Support][1])
# SMARTD APP TERMS AND CONDITIONS
Effective date: 30 July 2026Welcome to SmartD App.
These Terms and Conditions govern your access to and use of the SmartD mobile applications, website, products, features, and services.
SmartD App is operated by
SmartD App (Pty) Ltd, also referred to in these Terms as “SmartD”, “we”, “us”, or “our”.
By downloading, registering for, accessing, or using SmartD App, you confirm that you have read, understood, and agreed to these Terms and Conditions.
You must not use SmartD App if you do not agree to these Terms.
## 1. About SmartD App
1.1. SmartD App is a multipurpose digital platform that may enable users to:
* Request taxi or ride-hailing services;
* Order food, groceries, fashion, electronics, and other products;
* Request parcel collection and delivery;
* Arrange car hire or other transportation services;
* Communicate with drivers, merchants, delivery partners, and service providers;
* Make payments through available payment methods;
* Access promotions, discounts, wallet services, loyalty benefits, and other services made available by SmartD.
1.2. Some services are provided directly by SmartD, while others may be fulfilled by independent drivers, merchants, restaurants, stores, vehicle owners, delivery partners, or other third-party service providers.
1.3. The availability of services may depend on your location, operating hours, driver availability, merchant availability, product availability, technical conditions, and other operational factors.
1.4. SmartD may add, change, suspend, or discontinue any feature or service where reasonably necessary.
## 2. Eligibility
2.1. You must be at least 18 years old and legally capable of entering into a binding agreement to create and operate a SmartD account.
2.2. A person under 18 may only use SmartD under the supervision and with the permission of a parent or legal guardian.
2.3. By using SmartD, you confirm that the information you provide is accurate and that you are legally permitted to use the services.
## 3. Account Registration and Security
3.1. Certain SmartD services require you to create an account.
3.2. You agree to provide accurate, complete, and current information, which may include your:
* Full name;
* Mobile number;
* Email address;
* Delivery or pickup address;
* Profile photograph;
* Payment information;
* Location information; and
* Any other information reasonably required to provide the requested service.
3.3. You are responsible for keeping your password, one-time PIN, verification code, and account credentials confidential.
3.4. You are responsible for activities performed through your account unless you promptly notify SmartD that your account has been accessed without authorisation.
3.5. You may not:
* Create an account using false or misleading information;
* Impersonate another person;
* Create multiple accounts to abuse promotions;
* Sell, transfer, or lend your account to another person;
* Allow another person to use an account registered in your name for fraudulent or unlawful purposes; or
* Attempt to gain unauthorised access to another user’s account.
3.6. You must immediately contact SmartD if you believe your account or payment information has been compromised.
## 4. User Verification
4.1. SmartD may require identity, contact, payment, driver, vehicle, merchant, or business verification where reasonably necessary for security, fraud prevention, regulatory compliance, or service delivery.
4.2. Verification may include requesting identification documents, licences, vehicle documents, business registration documents, photographs, facial verification, proof of address, or other relevant information.
4.3. SmartD may restrict or suspend access where:
* Verification has not been completed;
* Information appears false, expired, inconsistent, or fraudulent;
* An account presents a safety or security risk; or
* Verification is required by law or by a payment provider.
4.4. Verification does not constitute a guarantee that a user, driver, merchant, or service provider will act appropriately in every situation.
## 5. Location and Device Permissions
5.1. Some SmartD services require access to your device’s location.
5.2. Location information may be used to:
* Identify your pickup or delivery location;
* Match you with nearby drivers or service providers;
* Calculate distance, estimated time, and applicable charges;
* Provide navigation and trip tracking;
* Improve safety and prevent fraud;
* Provide location-based services; and
* Respond to support requests and disputes.
5.3. You may manage permissions through your device settings. However, disabling necessary permissions may prevent certain services from functioning correctly.
5.4. SmartD will process location and other personal information in accordance with its Privacy Policy and applicable data-protection law.
## 6. Taxi and Ride-Hailing Services
6.1. When you request a ride, SmartD may connect you with an available driver.
6.2. Unless expressly stated otherwise, drivers may operate as independent service providers and not as employees of SmartD.
6.3. Estimated arrival times, travel times, routes, and fares may be affected by:
* Traffic;
* Road closures;
* Weather;
* Demand;
* Waiting time;
* Incorrect pickup or destination information;
* Changes requested by the passenger;
* Tolls;
* Parking charges; and
* Other conditions outside SmartD’s reasonable control.
6.4. The final fare may differ from an estimate where the route, distance, waiting time, destination, applicable fees, or journey conditions change.
6.5. Passengers must:
* Provide an accurate pickup and destination location;
* Be ready at the selected pickup point;
* Treat drivers and vehicles respectfully;
* Wear a seatbelt where available and required;
* Not smoke in a vehicle without permission;
* Not damage or excessively dirty a vehicle;
* Not carry unlawful, hazardous, or prohibited items;
* Not threaten, assault, harass, discriminate against, or endanger a driver; and
* Comply with applicable laws and reasonable safety instructions.
6.6. Additional cleaning or damage charges may be imposed where a passenger causes damage or requires cleaning beyond ordinary use, subject to reasonable supporting evidence.
6.7. SmartD may refuse, terminate, or cancel a trip where safety, fraud, unlawful conduct, abusive behaviour, or an emergency is involved.
## 7. Food, Grocery, Retail, and Marketplace Orders
7.1. Product information, menus, prices, photographs, descriptions, ingredients, availability, and preparation times may be supplied by participating merchants.
7.2. Merchants are responsible for the accuracy of their product information and for preparing and packaging orders appropriately.
7.3. Product images may be illustrative, and the appearance of a delivered product may differ slightly from the displayed image.
7.4. Products may become unavailable after an order is submitted. Where this happens, SmartD or the merchant may:
* Contact you regarding a substitution;
* Remove the unavailable item;
* Adjust the total price;
* Issue an applicable refund; or
* Cancel the affected order.
7.5. Users are responsible for reviewing product descriptions, quantities, ingredients, allergy information, sizes, colours, specifications, and other relevant information before confirming an order.
7.6. Users with food allergies or special dietary requirements must contact the merchant before ordering. SmartD cannot guarantee that food has been prepared in an allergen-free environment.
7.7. Age-restricted goods may only be supplied to users who meet the applicable legal age and provide acceptable identification when requested.
7.8. SmartD may prohibit the sale or delivery of unlawful, dangerous, counterfeit, stolen, restricted, or otherwise prohibited products.
## 8. Parcel Delivery
8.1. Users requesting parcel delivery must provide accurate information about the parcel, collection point, recipient, destination, dimensions, weight, and contents.
8.2. You may not send:
* Illegal goods;
* Firearms or ammunition;
* Explosives;
* Dangerous chemicals;
* Stolen or counterfeit goods;
* Unauthorised medicines or controlled substances;
* Cash or highly valuable items without prior approval;
* Live animals without prior approval;
* Perishable goods without suitable packaging; or
* Any item prohibited by law or SmartD policy.
8.3. The sender is responsible for secure and appropriate packaging.
8.4. SmartD or a delivery partner may refuse to transport a parcel that appears unsafe, unlawful, incorrectly described, inadequately packaged, or unsuitable for delivery.
8.5. SmartD may request reasonable evidence of the parcel’s contents or value when investigating loss, damage, fraud, or a dispute.
## 9. Car Hire and Vehicle Booking
9.1. Car-hire services may be supplied by SmartD or by participating vehicle owners and rental partners.
9.2. Additional eligibility requirements may apply, including:
* Minimum age;
* A valid driving licence;
* Identity verification;
* A refundable deposit;
* Payment-card verification;
* Driver history requirements; and
* Acceptance of vehicle-specific rental conditions.
9.3. The user must inspect the vehicle and report visible damage before accepting it.
9.4. Fuel, mileage, late-return, cleaning, toll, traffic-fine, insurance-excess, damage, and deposit conditions will be shown during booking or in the applicable rental agreement.
9.5. A vehicle may not be used:
* By an unauthorised driver;
* For unlawful activities;
* For racing or reckless driving;
* Outside an approved area;
* While the driver is intoxicated;
* To transport prohibited goods; or
* In breach of the applicable rental agreement.
## 10. Prices, Delivery Fees, and Other Charges
10.1. Prices and fees will ordinarily be displayed before you confirm a transaction.
10.2. Charges may include:
* Product or service prices;
* Delivery fees;
* Distance-based charges;
* Minimum fares;
* Booking or service fees;
* Waiting-time charges;
* Demand-based pricing;
* Taxes;
* Tolls;
* Parking fees;
* Cancellation fees; and
* Other clearly disclosed charges.
10.3. Delivery and transport charges may vary according to distance, location, demand, vehicle type, order size, weather, operating conditions, and service availability.
10.4. You must review the total amount and available information before confirming an order or booking.
10.5. Where a clear pricing or technical error occurs, SmartD may correct the error before fulfilment and give you the option to accept the corrected price or cancel the transaction.
## 11. Payments
11.1. SmartD may support cash, card payments, electronic funds transfer, mobile payments, wallet balances, payment gateways, or other payment methods.
11.2. Available payment methods may differ by service or location.
11.3. By selecting a payment method, you confirm that you are authorised to use it.
11.4. Payments may be processed by an independent payment-service provider. The payment provider’s terms and privacy practices may also apply.
11.5. SmartD does not guarantee that every payment attempt will be approved.
11.6. You remain responsible for valid charges where a payment is delayed, reversed, rejected, disputed without a valid basis, or otherwise unsuccessful.
11.7. You may not use stolen payment information, conduct fraudulent chargebacks, manipulate wallet balances, or attempt to avoid valid fees.
## 12. SmartD Wallet, Credits, and Promotions
12.1. SmartD may offer wallet balances, credits, vouchers, discount codes, loyalty rewards, referral rewards, or promotional benefits.
12.2. Unless otherwise stated:
* Promotional credits have no cash value;
* Credits may not be sold or transferred;
* Promotions may be limited to eligible users, services, locations, or periods;
* Only one promotion may be used per transaction;
* Promotions may expire;
* Credits cannot be used for prohibited transactions; and
* Fraudulently obtained credits may be cancelled.
12.3. SmartD may withdraw or correct a promotion where there has been an obvious error, abuse, fraud, or breach of the promotional conditions.
12.4. Paid wallet balances will be handled according to applicable law and the specific wallet conditions disclosed to users.
## 13. Cancellations, Refunds, and Returns
13.1. Cancellation and refund eligibility depends on the service, transaction stage, product type, merchant policy, and applicable law.
13.2. A cancellation fee may apply where:
* A driver has already travelled towards the pickup point;
* A driver has arrived and waited beyond the permitted waiting period;
* A merchant has accepted or started preparing an order;
* A parcel has already been collected;
* A vehicle has been reserved; or
* Costs have already reasonably been incurred.
13.3. Refunds may be considered where:
* An order was not delivered;
* An incorrect item was supplied;
* An item was materially damaged or defective;
* A user was charged incorrectly;
* A merchant or driver cancelled after payment;
* A service could not be provided; or
* A refund is required by applicable consumer law.
13.4. Certain goods may not be returnable after delivery for health, hygiene, safety, perishability, or other lawful reasons.
13.5. Refund requests must be submitted within a reasonable period and may require photographs, receipts, order information, communication records, or other supporting evidence.
13.6. Approved refunds will ordinarily be returned to the original payment method or provided as SmartD credit where legally permitted and accepted by the user.
13.7. Processing times may depend on banks and payment providers.
13.8. Nothing in these Terms removes or limits any non-excludable right available to a consumer under South African law.
## 14. User Conduct
14.1. You must use SmartD lawfully and respectfully.
14.2. You may not:
* Commit or attempt fraud;
* Provide false information;
* Create false bookings or orders;
* Abuse refunds, promotions, or referral programmes;
* Threaten, harass, discriminate against, or harm another person;
* Upload unlawful, defamatory, hateful, obscene, or harmful content;
* Interfere with the operation or security of SmartD;
* Introduce malware or harmful code;
* Scrape, copy, reverse engineer, or access SmartD through unauthorised means;
* Use automated systems to create transactions or accounts;
* Circumvent fees, security measures, or account restrictions;
* Collect another person’s personal information without authority;
* Use SmartD to facilitate illegal activity; or
* Damage the reputation, systems, property, users, drivers, merchants, or partners of SmartD.
14.3. SmartD may investigate suspected misconduct and cooperate with law-enforcement agencies or regulators where legally required.
## 15. Reviews and User Content
15.1. Users may be permitted to submit ratings, reviews, photographs, messages, support information, comments, or other content.
15.2. You retain ownership of your original content.
15.3. By submitting content to SmartD, you grant SmartD a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, display, and use that content to operate, promote, improve, and protect SmartD and its services.
15.4. This licence applies only to the extent reasonably necessary for the purposes described above and subject to applicable privacy law.
15.5. You confirm that:
* You own the content or have permission to submit it;
* The content is accurate to the best of your knowledge;
* The content does not violate another person’s rights;
* The content is not unlawful or misleading; and
* The content does not contain malicious code.
15.6. SmartD may moderate, restrict, remove, or refuse content that breaches these Terms, applicable law, or platform policies.
## 16. Communications
16.1. SmartD may communicate with you through:
* In-app notifications;
* Push notifications;
* SMS;
* Telephone calls;
* WhatsApp;
* Email; or
* Other contact methods you provide.
16.2. Service-related communications may include booking confirmations, order updates, safety notices, payment information, account alerts, support responses, and changes affecting your use of SmartD.
16.3. Marketing communications will be sent in accordance with applicable law and your selected preferences.
16.4. You may opt out of marketing messages using the unsubscribe method provided. You may still receive essential transactional and security communications.
## 17. Privacy and Personal Information
17.1. SmartD processes personal information in accordance with its Privacy Policy and applicable data-protection legislation, including the Protection of Personal Information Act, 2013.
17.2. Depending on the services used, SmartD may process:
* Identity and contact information;
* Account and profile information;
* Precise or approximate location;
* Trip, order, booking, and delivery information;
* Payment and transaction information;
* Device identifiers and technical information;
* User communications and customer-support records;
* Photographs and identity-verification information;
* Ratings and reviews;
* Fraud, safety, and security information; and
* Information required by law.
17.3. Information may be shared where reasonably necessary with drivers, merchants, delivery partners, payment processors, hosting providers, mapping providers, analytics providers, communication providers, professional advisers, regulators, and law-enforcement authorities.
17.4. SmartD will not sell personal information in a manner prohibited by applicable law.
17.5. The Privacy Policy must be read together with these Terms and must accurately explain SmartD’s data collection, use, retention, sharing, security, and deletion practices.
## 18. Account Deletion and Data Deletion
18.1. You may request deletion of your SmartD account:
* Through the account or privacy settings inside the SmartD App;
* Through SmartD’s online account-deletion page; or
* By contacting
info@smartdza.com where additional assistance is required.
18.2. SmartD’s public account-deletion page must be available at:
https://smartdza.com/account-deletion18.3. When a valid account-deletion request is received, SmartD will delete or anonymise personal information associated with the account, except information that must reasonably be retained for:
* Legal or regulatory compliance;
* Tax, accounting, and financial records;
* Fraud prevention;
* Safety investigations;
* Dispute resolution;
* Enforcement of agreements;
* Establishing or defending legal claims; or
* Other lawful purposes.
18.4. SmartD may verify your identity before processing a deletion request.
18.5. Deleting your account may permanently remove access to transaction history, credits, rewards, saved details, and other account features.
18.6. Uninstalling the SmartD App does not automatically delete your account or personal information.
## 19. Safety and Emergencies
19.1. SmartD is not an emergency-response service.
19.2. In an emergency, users must contact the South African Police Service, ambulance services, fire services, or another appropriate emergency authority.
19.3. Safety features made available through the app do not replace emergency services.
19.4. Users must exercise reasonable care when meeting drivers, passengers, merchants, delivery partners, or other users.
19.5. Serious safety incidents should be reported to SmartD as soon as reasonably possible.
## 20. Third-Party Services
20.1. SmartD may use or provide access to third-party services, including:
* Maps and navigation;
* Payment gateways;
* Cloud hosting;
* Authentication services;
* Analytics;
* Communication services;
* Merchant websites; and
* External products or services.
20.2. Third-party terms and privacy policies may apply when you use those services.
20.3. SmartD is not responsible for third-party websites, applications, products, or services that are outside SmartD’s reasonable control.
## 21. Intellectual Property
21.1. SmartD and its licensors own all rights in the SmartD platform and associated materials, including:
* The SmartD name and logo;
* Application design;
* Software and source code;
* Databases;
* Graphics;
* Written content;
* Icons;
* Trademarks;
* Layouts; and
* Other protected materials.
21.2. SmartD grants you a limited, personal, revocable, non-exclusive, non-transferable licence to use the app for its intended purpose.
21.3. You may not copy, modify, distribute, sell, rent, reverse engineer, decompile, extract source code from, or commercially exploit SmartD without written permission, except where applicable law expressly permits it.
## 22. Suspension and Termination
22.1. SmartD may warn, restrict, suspend, or terminate an account where reasonably necessary because of:
* A breach of these Terms;
* Fraud or suspected fraud;
* Safety concerns;
* Illegal conduct;
* Abuse of users, drivers, merchants, or staff;
* Unpaid amounts;
* Misuse of promotions;
* False documentation;
* Unauthorised system access;
* A legal or regulatory requirement; or
* Conduct that creates material risk for SmartD or another person.
22.2. Where appropriate and legally required, SmartD may provide notice or an opportunity to appeal.
22.3. You may stop using SmartD at any time and may request account deletion as described in Section 18.
22.4. Provisions relating to payments, intellectual property, liability, disputes, privacy, and other matters intended to continue will survive termination.
## 23. Service Availability and Disclaimers
23.1. SmartD will take reasonable steps to provide reliable and secure services but does not guarantee uninterrupted or error-free operation.
23.2. Services may be affected by:
* Internet or mobile-network failure;
* Device compatibility;
* Scheduled maintenance;
* Power outages;
* Third-party platform failure;
* Mapping inaccuracies;
* Driver or merchant availability;
* Weather;
* Civil disruption;
* Government action; or
* Other events outside SmartD’s reasonable control.
23.3. To the maximum extent permitted by law, SmartD is provided on an “as available” basis.
23.4. Nothing in these Terms excludes warranties, rights, or remedies that cannot lawfully be excluded under the Consumer Protection Act or other applicable legislation.
## 24. Limitation of Liability
24.1. SmartD will not be liable for indirect, special, incidental, punitive, or consequential loss to the extent that such liability may lawfully be limited.
24.2. SmartD will not be responsible for loss caused by:
* Incorrect information provided by a user;
* A user’s breach of these Terms;
* Unauthorised use of an account where the user failed to protect account credentials;
* Events beyond SmartD’s reasonable control;
* Third-party products or services;
* Prohibited or improperly packaged goods;
* A user’s unlawful or unsafe conduct; or
* A failure to follow reasonable safety instructions.
24.3. SmartD does not exclude liability for gross negligence, intentional misconduct, death or personal injury caused by legally actionable conduct, or any liability that cannot lawfully be excluded.
24.4. Where SmartD is legally liable and limitation is permitted, liability will be limited to the direct and reasonably foreseeable loss arising from the affected transaction.
## 25. Indemnity
25.1. To the extent permitted by law, you agree to indemnify SmartD against third-party claims, losses, and reasonable costs arising directly from:
* Your unlawful use of SmartD;
* Your material breach of these Terms;
* Content you submit;
* Your infringement of another person’s rights;
* Goods you send through a delivery service; or
* Fraudulent or intentionally harmful conduct.
25.2. This section does not require a consumer to indemnify SmartD for SmartD’s own unlawful conduct, gross negligence, or obligations that cannot legally be excluded.
## 26. Complaints and Disputes
26.1. Users should first contact SmartD support so that the matter can be investigated.
26.2. When submitting a complaint, provide:
* Your name and contact details;
* The relevant order, trip, payment, or booking number;
* A clear description of the issue;
* The resolution requested; and
* Any supporting photographs, receipts, screenshots, or other evidence.
26.3. SmartD will attempt to resolve complaints within a reasonable period.
26.4. These Terms do not prevent a consumer from referring a matter to an appropriate regulator, ombud, consumer authority, court, or other body with jurisdiction.
## 27. Governing Law
27.1. These Terms are governed by the laws of the Republic of South Africa.
27.2. Any dispute will be subject to the jurisdiction of the competent South African courts, unless applicable consumer law permits the user to approach another authorised forum.
## 28. Changes to These Terms
28.1. SmartD may update these Terms to reflect:
* New services or features;
* Operational changes;
* Legal or regulatory requirements;
* Safety improvements;
* Changes to third-party services; or
* Changes to business practices.
28.2. The updated version will be published through the SmartD App or website with a revised effective date.
28.3. Where a change materially affects users, SmartD will provide reasonable notice where required.
28.4. Continued use after the effective date of updated Terms constitutes acceptance, except where applicable law requires separate consent.
## 29. General Provisions
29.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
29.2. A failure by SmartD to enforce a provision does not constitute a waiver of that provision.
29.3. You may not transfer your rights or obligations under these Terms without SmartD’s written consent.
29.4. SmartD may transfer its rights or obligations as part of a restructuring, merger, sale, or lawful business transfer, subject to applicable law.
29.5. These Terms, together with the Privacy Policy and any service-specific conditions, constitute the agreement between SmartD and the user concerning use of the services.
## 30. Contact Information
Questions, complaints, account requests, and legal notices may be directed to:
SmartD App (Pty) LtdWebsite:
https://smartdza.comEmail:
info@smartdza.comTelephone:
+27 71 566 4737Country:
South Africa