Whe2 Terms and Conditions

1. Acceptance of terms

You represent that you have the legal capacity to enter these Terms. If you are under 18 years old, you may only use the Service with the consent and supervision of a parent or legal guardian. If you are using the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation.

2. Service description

Whe2 provides route-planning, cost estimation, trip management, and related features for drivers in South Africa. All route, toll, duration, fuel, and pricing outputs are estimates based on available data and may not reflect real-time conditions.

Whe2 is not a substitute for professional navigation devices, official road signage, or your own judgment. Always obey traffic laws and drive safely. Do not rely solely on the Service for navigation, safety, or regulatory compliance.

3. Accounts and registration

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must provide accurate and complete information when creating an account and keep it up to date.
• We may suspend or terminate accounts for suspected abuse, fraud, violation of these Terms, or where required by law. Where practical and legally permitted, we will try to notify you before suspension or termination.

4. Acceptable use and prohibited conduct

You must not: (a) use the Service for unlawful purposes; (b) attempt to gain unauthorised access to our systems; (c) interfere with or disrupt the Service; (d) scrape or bulk download data without our permission; (e) upload content that infringes others’ rights, is illegal, or violates our policies.

We may remove content and take action against accounts that breach these rules.

5. User content and licence grant

If you submit content (e.g., feedback, comments, route annotations), you retain ownership of your content but grant Whe2 a worldwide, non-exclusive, royalty-free, transferable licence to host, use, reproduce, modify, publish, translate, distribute, and display such content to provide and improve the Service and for related business purposes.

6. Third-party data and services

The Service may include or rely on third-party data and services (including maps, tolls, pricing, and traffic information). We do not control these providers and cannot guarantee their accuracy, completeness, or availability. Use of third-party services may be subject to separate terms and privacy policies.

7. Location and GPS data

The Service uses your device’s location data to provide route planning and real-time features. You may disable location services at any time in your device settings, but some features will then be unavailable. We only collect and use location data while the app is actively in use (foreground) unless you explicitly enable background tracking.

8. Payments, subscriptions, and refunds (if and when applicable)

Currently the Service is provided free of charge. If and when premium features or subscriptions are introduced, you agree to the then-current pricing and payment terms. All payments are non-refundable except as required by law or as stated in our refund policy. We may change pricing with notice; changes do not affect fees already paid for an active subscription period.

9. Intellectual property

All rights, title, and interest in the Service (design, software, marks, content) are owned by Whe2 or our licensors. You may not copy, adapt, or create derivative works without our prior written consent.

Use of the mobile apps is also subject to the Apple App Store or Google Play Store terms, as applicable.

10. Disclaimers and warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11. Limitation of liability

To the extent permitted by applicable law (including the Consumer Protection Act, 2008), WHE2 AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING FROM OR RELATING TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO WHE2 IN THE 12 MONTHS PRECEDING THE CLAIM OR ZAR 1,000, WHICHEVER IS GREATER. Nothing in these Terms limits liability for death or personal injury resulting from our negligence, fraud, or any other liability that cannot be excluded or limited under South African law.

12. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Whe2 and its affiliates from claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of: (a) your breach of these Terms; (b) your violation of applicable law; or (c) your content or misuse of the Service.

13. Termination and suspension

We may suspend or terminate your access to the Service for conduct we believe violates these Terms or is harmful to other users or our business. Upon termination some content may remain in backups or logs as described in our Privacy Policy.

14. Force majeure

Neither party will be liable for any delay or failure to perform due to events beyond its reasonable control (including strikes, power outages, natural disasters, pandemics, or changes in law).

15. Changes to terms and service

We may modify these Terms from time to time. If changes are material, we will provide advance notice (for example via email or in-app). Your continued use after the effective date constitutes acceptance.

16. Governing law and dispute resolution

These Terms are governed by the laws of the Republic of South Africa. You and Whe2 agree to submit to the non-exclusive jurisdiction of the South African courts for any dispute arising out of or relating to these Terms.

17. Export controls, sanctions, and compliance

You must comply with applicable export, sanctions, and trade control laws. We may restrict or deny access where required by law.

18. Notices and contact

For legal notices: legal@whe2.com

For support or general enquiries: support@whe2.com

19. Miscellaneous

These Terms constitute the entire agreement between you and Whe2 regarding the Service and supersede prior agreements relating to the same subject matter. If any provision is found unenforceable, the remainder will continue in effect.