General Terms and Conditions for Drivers
These General Terms and Conditions set out below applies and govern the usage of the Drop it off website and app which helps connects users(sender or receiver) with drivers to help them delivery their product, goods or any other movables around their cities more efficiently.
DEFINITIONS
1.1. The term “us” or “we” refers to the owner of the Drop it off app, Drop it off delivery, a private limited company, founded in the Republic of South Africa (Company Registration Number K2019072201),
In order to use Drop it off app you must agree to the terms and conditions that are set out below:
1.2. Drop it off Services – services that Drop it off provides, including provision and maintenance of the Drop it off App, Drop it off Platform, In-app Payment, customer support, communication between the Driver and the Sender and other services.
1.3. Drop it off App – a smartphone application for Drivers and users/senders to request and receive delivery Services
1.4. Drop it off Platform – technology connecting users/senders with Drivers to help them delivery parcel/packages around cities more efficiently.
1.5. Sender – a person requesting delivery Services by using Drop it off Platform.
1.6. Driver (also referred to as „you”) – the person providing delivery Services via the Drop it off App.
1.7. Agreement – the agreement between Driver and Drop it off regarding the use of Drop it off Services which consists of:
1.7.1. these General Terms;
1.7.2. other special terms displayed in Drop it off App.
1.7.3. the Drivers guidelines; and
1.7.4. other terms referred to in this Agreement as may be amended from time to time.
1.8. Fare – the fee a Sender is obligated to pay the Driver for provision of the Delivery Services.
1.9. Drop it off Fee – the fee that Driver is obligated to pay to Drop it off for using the Drop it off App for the performance of delivery services.
1.10. In-app Payment credit/debit card payment methods used by the Sender/user via the Drop it off App to pay for the delivery Services.
1.11. Drop it off Driver Account – Registered Drivers may access the Drop it off Driver Account using the Drop it off Driver App by entering email and password.
1.12. Delivery Services – the delivery service a Driver is providing to sender/user whose request Driver has accepted through the Drop it off App.
ENTERING INTO THIS AGREEMENT
2.1. Prior to using the Drop it off services via the app, a driver is required to sign up by providing the required information in the signup form on our website and uploading all the necessary documents as required by us at any giving point in time. Once the signup application is completed, a personal account will be provided for the such driver, which can only be accessible via your designated email(e.g. email provided during signup) and password. By clicking the „Sign up” button located at the end of the signup application form, you agree to all related terms and conditions and in accordance to valid legal acts, you are required to enter into an agreement with us to use the Drop it off App for providing the Delivery Service; by using the Drop it off Platform you warrant that you have carefully read and understood and agree to be bound by these Terms and conditions. You also warrant that all the information you have provided us with is true and complete and you will keep your Drop it off Driver Account information up to date at all times;
you also agree that you will not authorize other persons to use your Drop it off Driver Account nor assign or transfer it to any other person;
you will not use the Drop it off Services for any unauthorized or unlawful purposes and or destruct the correct operation of the Drop it off Services;
you warrant that you will fully comply with all laws that are applicable in the provision of delivery Services in.
2.2. You are obligated to provide Drop it Off with your accurate bank account when filling the payment details upon registration. If you are a legal person, you must insert the bank account of the company/organisation. Drop it Off will transfer all In-app Payment fees to the bank account that you have provided and will assume that all the information you have provided is accurate. We will take no responsibility for any inaccurate details leading to funds be transferred to the wrong account.
2.3. There may be additional conditions that must be met by you in order to use the Drop it off Services. These conditions may include by not limited to providing valid driving license, vehicle/motorcycle certificates, completion of a training course on how to use the Drop it Off App, owning a GPS-supporting mobile device, carry bag e.t.c.. Failure to comply with the requirements may result in termination of the right to use the Drop it off Services and related features.
LICENCE TO USE THE DROP IT OFF APP AND DROP IT OFF DRIVER ACCOUNT
3.1. By signing up you have agreed to all terms and conditions herein, Drop it Off grants you a revocable and non-exclusive license to use the Drop it off App and the Drop it off Driver Account. You may not transfer or sub-license this right to use the Drop it off app. In a situation where your right to use Drop it off app is revoked, the license will also be revoked.
3.2. This licence does not give you any form of right during its usage to,
alter the Drop it off App in any manner or to use any modified versions of the Drop it off App including related software or account;
attempt to obtain the source code, or reverse engineer of the Drop it off App, or other related software of Drop it off;
transfer files containing any viruses, corrupted files, or any other programs that may damage the operations on the Drop it off Platform/App;
attempt to gain unauthorized access to the Drop it off App, including related software or account or any other Drop it off Services.
3.3. Upon termination of this agreement all license granted will be automatically revoked and you must immediately stop the use of the Drop it off App including related software or account or any other Drop it off Services.
3.4. All trademarks and copyrights, including source code, databases, logos and visual designs are property of Drop it off and protected by trademark, copyright and/or trade secret laws. By using the Drop it off App including related software or account or any other Drop it off Services you are not entitled any rights of ownership to any intellectual property belonging to Drop It Off.
PROVISION OF DELIVERY SERVICES
4.1. The Driver’s responsibility/commitment. You hereby guarantee to provide delivery Services in line with the General Terms and conditions, as well as laws and applicable regulations in the state/province where you are providing such delivery Services. Please be aware that you are fully responsible for any contravention of any local laws that may arise from providing delivery Services.
4.2. You must have all necessary certificates and licenses (including a valid driver’s license), car insurance, liability insurance (when applicable), permits, registrations documents, and any related documents that are required by law for the provision of delivery Services. It is your duty at all times to maintain the validity of all required documents needed for the provision of the service. Drop it off reserves the right to require you to provide all or any documents, for review.
4.3. You must provide the Delivery Services in a professional manner and endeavour to complete the sender’s request in the best interest of the sender/user. Also, you may not make any unauthorised representations, and must adhere to all applicable traffic laws and regulations in the state/province where you are performing such services.
4.4. You maintain the sole right to dictate when want to provide the Delivery Services. You have the right to decline, accept or ignore Delivery Services requests made by sender/user provided it is within reason.
4.5. Any and all costs you incur during the provision of the Delivery Services, is at your own expense, including a car, smartphone, and any related equipment, fees, e.t.c, including any and all cost incur while performing the Delivery Service (e.g. fuel, mobile data plan costs). Please be aware that using the Drop it off App may bring about consumption of large amount of internet data..
4.6. You are entitled to charge a fare for each instance you have accepted a Delivery on the Drop it off Platform/App and completed the Delivery Service as requested. All Fares are calculated based on a default base fare, the distance of the delivery location from the pickup location, duration of the specific travel as determined by the GPS device. The default base fare may vary based factors including but not limited to market situation.
4.7. Drop it off reserves the right to adjust, reduce or cancel the Fare for a particular order completed, if a violation, suspect a fraud or technical error is detected. Drop it off will only exercise its right to adjust, reduce or cancel the fare in a justified manner.
4.8. Sender/user using the Drop it Off Platform/App may pay their delivery fare either directly to you or using the In-app Payment as described in these General Terms. If the Sender/user pays the Fare directly in cash, it is your duty to collect the Fare. If the sender/user fails to pay, Drop it off will send a notice of debt to the sender/user on your behalf. If Sender/user justifiably refuses to pay the Fare due to incorrect information on Drop it off App, then Drop it off will not reimburse you for that fare.
4.9. Cancellation fee. Sender/user may cancel a request for Delivery Services that a Driver has accepted via the Drop it off App. Driver is not entitled to the Fare for cancelled Delivery Services (Cancellation Fee),
4.10. By using the Drop it Off Service/App, you accept that you are obligated to completely comply with all tax responsibility that may arise to you from the applicable laws related to providing the Delivery Services, including payment of your income tax or any other applicable tax including tax registration, accounting related to all applicable tax laws.
DROP IT OFF FEES
5.1. In order to use the Drop it off Services, you are required to pay to a fee (i.e. Drop it off Fee). The Drop it off Fee is paid based on the delivery fare of each Delivery Service order that you have completed. This amount is made available to you via e-mail or the Drop it off App, Drop it off Driver Account or other means. Drop it Off reserves the right to change the Drop it off Fee from time to time at its own discretion. Prior notification will be sent of each such change.
5.2. You are required to pay the Drop it off Fee and any other related fees due to us for the previous month at latest by the 15th day of the following month. Any form of delay with payment of the Drop it off Fee shall incur a penalty fee for late payment in the amount of 0,4% (zero point four percent) of the unpaid amount per day. You are obligated to cover all costs incurred by us, which are related to debt collection activities on your account.
DROP IT OFF IN-APP PAYMENTS
6.1. You may not refuse payment by the Sender/user via the In-app Payment, or sway the Sender/user against the use of the Drop it Off In-app Payment. If you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a penalty in the amount of R600 for every refusal and/or revoke your right to use the Drop it off Services in case of repetitive behaviour.
6.2. We may enable Senders/users to pay for the Delivery Service via CREDIT/DEBIT cards, and other payment methods directly in the Drop it off App (i.e. In-app Payment). By signing up to use the Drop it Off App you hereby authorise Drop it Off to act as your limited commercial agent only for the purpose of collecting fare (including delivery and any other related fares), paid by the Sender/user via In-app Payment on your behalf. Any payment commitment made by the Sender/user via the In-app Payment shall be considered fulfilled as of the time that the payment has been made
6.3. Drop it off reserves the right to distribute coupon code to senders/users at our discretion as and when available. You are required to accept the use of promo code only when the code is applied to in-app delivery. A coupon code may be cancelled If found to be fraudulently or illegally used in conflict with our Terms and Conditions relating to coupon code use, any outstanding amount will not be refunded.
6.4. If the In-app Payment failed because Sender’s/user’s credit card or other payment is cancelled or is unsuccessful for other reasons. In such case we will help you in requesting the Fare due from the Sender/user and shall transmit it to you once the Sender/user has made the requested payment.
6.5. Drivers should verify before providing Delivery Services, the service is being actually provided to the right Sender/User by verifying using the generated QR code.
6.6. Please be aware that we will set off any Fares paid via In-app Payment against the amounts that you are required to pay to us (i.e. Drop it off Fees and any penalties). We reserve the right to fulfil any of your financial liabilities to any Drop it off Companies, in which case we will acquire the right to submit a claim against you. We may set off any of your financial liabilities against any financial liabilities that you may have against us.
6.7. If we are not able to pay the Fees to you due to you not including your bank account details in your Driver´s account or if the bank account details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the Fare not transferred to you shall expire.
DROP IT OFF CUSTOMER SUPPORT
We provide the all our Drivers with customer support regarding the use of the Drop It Off Services. We reserve the right to stop providing customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days or have violated any or part of this agreement.
RATINGS AND ACTIVITY
8.1. You hereby acknowledge that the Sender/user may provide you a rating and leave feedback regarding the quality of the Delivery Services that you have provided. Your rating will be linked to your Driver´s account in the Drop it Off app and will be available to Sender’s/user’s using the Drop It Off App. If we find out the rating or comment is not given in good faith, this rating or comment may not be applied in the calculations of your rating.
RELATIONSHIP BETWEEN YOU, DROP IT OFF AND THE SENDERS/USERS
9.1. You hereby acknowledge and agree that we provide an information society service and do not provide Delivery Services. By providing the Drop It Off Platform and Drop It Off Services, we act as intermediary connecting Sender/users with Drivers to help them send their product around their locality more efficiently. You acknowledge that you are providing the Delivery Services on the basis of a contract for delivery of parcel/package and that you provide the Delivery Services either independently or via a company as an economic and professional activity.
9.2. You accept that no venture or partnership, employment contract nor an employment relationship has been or will be established between you and Drop it Off. You acknowledge that you may not act as an employee, agent or representative of Drop it Off nor enter into any contract on behalf of Drop it Off. If by the indication of any mandatory laws or otherwise, you shall be deemed an employee of Drop it Off, you hereby acknowledge to waive any rights or claims against us that may arise as a result of such implied employment relationship.
9.3. You also acknowledge that you may not transfer your rights and obligations obtained from the General Terms and conditions to any third party.
PROCESSING OF PERSONAL DATA
Your personal data will be processed in accordance with the Privacy Notice, available at https://dropitoffglobal.com/privacy-policy-drivers
LIABILITY
11.1. We do not warrant or guarantee that access to Drop It Off App will be uninterrupted or free of errors. The usage of Drop It Off App for requesting delivery services will depends on the behaviour of Sender/users, we do not guarantee or warrant that your usage of the Drop it off Platform will result in any Delivery Service requests. The Drop It Off Platform/App is provided on an “as is” and “as available” basis.
11.2. We, nor the Drop It Off representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Drop It Off Services/App, to the maximum extent permitted under the applicable law, including but not limited to:
(i) loss of profit or expected savings;
(ii) any direct or indirect property damage or monetary loss;
(iii) loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
(iv) loss or inaccuracy of data;
(v) and any other type of loss or damage.
11.3. Violating the General Terms of this Agreement by Drop it Off will be limited to R500 (FIVE HUNDRED RAND). You shall have the right to claim for damages only if we have intentionally violated the General Terms of this Agreement.
11.4. We shall not be liable for any loss or damage that you may incur or result of actions or non-actions of the Senders/users, be it loss or damage to you, your vehicle or any related parties.
11.5. You shall be fully accountable for any breach of the General Terms of this Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately upon notification of such breach from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that you may incur in connection with your breach of the General Terms, Agreement and laws and regulations. If Senders/users presents any claims against us in connection with your provision of Delivery Services, then you shall compensate such damage to us in full within 15 (FIFTEN) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
TERMINATION
12.1. These General Terms and condition shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the document or message has been made available to you and you commence or continue providing Delivery Services on the Drop It Off Platform/App.
12.2. You may terminate the Agreement at any time by notifying Drop It Off at least 7 (seven) days in advance, after which your right to use the Drop It Off App shall be terminated. Drop It Off may terminate the Agreement at any time and for any reason at our sole discretion by notifying you at least 3 (three) days in advance.
12.3. Drop It Off is entitled to immediately terminate the Agreement and block your access to Drop It Off Platform without giving any advance notice in if a breach in the General Terms of this Agreement, any applicable laws or regulations, causes harm to Drop It Off’s brand, reputation or business as determined by Drop It Off in our sole discretion, or if we suspect an infringement of the Agreement or fraudulent activity from your behalf. We may also prohibit you from registering a new Driver account.
AMENDMENTS
13.1. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail or via the Drop It Off Driver App, Drop It Off App and you have continued to provide the Delivery Services.
13.2. All amendments to the General Terms, shall posted on the website (https://dropitoffglobal.com/general-terms-and-conditions-drivers) and give you at least 5 (five) days prior notice. If you continue to use the Drop it off Services, you shall be deemed to have accepted the revised conditions.
- APPLICABLE LAW AND COURT JURISDICTION
14.1. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of South Africa. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in the High Court of the Republic of South Africa (Gauteng Division).
- NOTICES
15.1. You are obliged to immediately notify us of any changes to your contact information.
15.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if:
(i) delivered personally,
(ii) sent by e-mail or,
(iii) sent by registered mail,
(iv) sent by courier with proof of delivery,
(v) made available via the Drop It Off App or Drop It Off Driver Account. Any notice which is sent or dispatched in accordance with this clause shall be deemed to have been received:
(i) if delivered personally, at the time of delivery to the party;
(ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
(iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
(iv) if made available via the Drop It Off App or Drop It Off Driver Account, or
(v) if sent by e-mail
- FINAL PROVISIONS
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.