Moving Parcels ™ driver agreement

This driver agreement constitutes a legal agreement between you, an individual (“you,” and “your,”) and moving parcels, a South African limited liability company (“company” or “moving parcels”, “we”).

Moving parcels™ is an on-demand technology services provider that pairs persons or organisations seeking delivery services with drivers who desire to provide delivery services using the moving parcels services. You acknowledge and agree that company is a technology services provider and does not provide delivery services. In order to use the moving parcels services, you must agree to the terms and conditions that are set forth below. By accessing or using the moving packages platform (defined below) or click “Agree”, you indicate that you have reviewed and accepted the terms and conditions of this agreement, and acknowledge that you and company are bound by the terms and conditions set forth herein.

NOTE: please note that to use the moving parcels services, you must agree to the terms and conditions set forth below. By virtue of your acceptance of this agreement, you will be acknowledging that you have read and understood all of the terms of this agreement (including the arbitration provision) and have taken time to consider the consequences of this important business decision. You further acknowledge that moving parcels is not in the business of providing transportation network company services, and that we are strictly a parcels delivery services only, transporting passengers is done so at the drivers’ discretion. Moving parcels does not take any responsibility for any person who is transported while moving parcels to clients.

1. Definitions

“Moving parcels platform” means moving parcels’ software, application, websites, and related support services systems, that enable delivery provider’s access to the moving parcels services for the purpose of seeking, receiving, and fulfilling requests for delivery services by users, as may be updated or modified from time to time.

“Moving parcels services” means moving parcels’ lead generation and related services that enable drivers of delivery vehicles to seek, receive and fulfil requests for delivery services by users seeking said services. Moving parcels services include access to the moving parcels platform.

“Parcels” means the items to be delivered by you in your vehicle in connection with the delivery services.

“Delivery services” means your provision of delivery services to users via the moving parcels platform in the territory using your vehicle.

“Territory” means the place, city or metro area in South Africa in which you use the moving parcels platform for the delivery services.

“User” means an end user authorized by moving packages to use the moving parcels platform for the purpose of obtaining delivery services.

“User Information” means information about a user made available to you in connection with such user’s request for and use of delivery services, which may include the user’s name, pick-up location, contact information and photo.

“Vehicle” means your vehicle that: (a) meets the current company requirements for a vehicle leveraging the moving parcels services as set forth in this agreement; and (b)company authorizes for your use for the purpose of providing delivery services.

2. Use of moving parcels services.

2.1 provision of delivery services.

If you accept a user’s request for delivery services, the platform will provide you with certain user information including the user’s first name and pickup location. It is recommended that you wait at least thirty (30) minutes for a user to show up at the scheduled location. You will obtain the destination from the user or from the moving parcels platform. You acknowledge and agree that once you have accepted a user’s request for delivery services, moving parcels’ platform may provide certain information about you to the user, including your first name, contact information, photo and location, and your vehicle’s make and license plate number.

You shall use your best efforts to protect the safety and security of user information. You shall not contact any users or use any user information for any reason other than for the purposes of fulfilling delivery services, and will not transfer, share, sell or otherwise disclose user information to any third parties. As between company and you, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of delivery services; and (b) except for the moving packages’ services, you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform delivery services.

2.2 minimum equipment.

At a minimum, you must have the following equipment in your vehicle for performing the delivery services: (a) boot space to keep parcels safe and stacked properly. (b) a smart phone/pc to operate and communicate with users and clients.

2.3 loading and securement of cargo; inspection. Safety to yourself and to others is your primary concern. You should reject any item that cannot be safely placed and secured in or about your vehicle. You are solely responsible for the proper loading and securement of the parcel. For each and every delivery service you agree to:

(a) properly distribute and secure the parcel;

(b) inspect the parcel and devices to secure the load prior to beginning trip;

(d) use extreme caution and care with customer items in the bed of vehicle. You should note any existing damage to any item of parcel and photograph same prior to transport. You agree that you will handle all spilled, leaked or damaged product, in compliance with all applicable laws, and with any reasonable handling procedures.

2.4 Prohibitions.

The following actions are strictly prohibited by you in performance of the delivery services and shall not be placed in or about your vehicle : (a) no transportation whatsoever of any passenger, person, or animal even if requested specifically by the user; (b) no transportation of articles of exceptional value such as antiques, heirlooms, extravagant furniture, fine art, jewels/jewellery, gold or other precious metals – items that are valued at over R10 000 are considered exceptional value; (c) no transportation of hazardous materials of any kind, including, but not limited to explosives,, flammable liquids, flammable solids, and/or poisonous or infectious substances, or anything designated by the department of transportation as hazardous materials; (d) no transportation of firearms, ammunition or other explosive materials; and (e) no transportation of goods for which you have reason to believe are illegal or stolen.

In no event are you allowed to accept another fair while delivery services are being performed. Additionally, you will not tender any items for delivery to any individual performing delivery services who has an infant, toddler, or young child who should not be left unattended in a vehicle.

2.5 Your liaison with users.

You acknowledge and agree that your provision of delivery services to users creates a direct business relationship between you and the user. You acknowledge and agree that you are not an employee of any user, customer, or moving parcels partner which you may service. You further acknowledge that moving parcels is not responsible or liable for the actions or inaction of a user in relation to you, your activities or your vehicle. You shall have the sole responsibility for any obligations or liabilities to users or third parties that arise from your provision of delivery services.

You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws including motor vehicle financial responsibility laws) regarding any acts or omissions of a user or third party. You acknowledge and agree that company may release your contact and/or insurance information to a user upon such user’s reasonable request.

You acknowledge and agree that all parcels should be transported directly to the specified destination, as directed by the applicable user, without unauthorized interruption or unauthorized stops. You agree that while you are performing delivery services, you will not divert or intentionally cause to divert any transported item or merchandise, unless directed to do so by the user. You must immediately notify user by telephone, electronic communication, or through moving parcels, of any accidents, thefts, or delays that might impair the safe and/or prompt delivery of any items.

2.6 Your relationship with company.

You acknowledge and agree that company’s provision to you of the moving packages platform and the moving packages services creates a business relationship between company and you. You shall be and remain an independent contractor with respect to moving parcels and nothing contained herein shall be construed as inconsistent with that status. Company does not, and shall not be deemed to, direct or control you generally or in your performance under this agreement specifically, including in connection with your provision of delivery services, your acts or omissions, your operation and maintenance of your vehicle, or your loading of the parcels.

You retain the sole right to determine when, where, and for how long you will utilize the moving parcels platform. With the exception of any signage required by local law or permit/license requirements, company shall have no right to require you to: (a) display company’s name, logos or colours on your vehicle; or (b) wear a uniform or any other clothing displaying company’s name, logos or colours.

You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities. Company retains the right to deactivate or otherwise restrict you from accessing or using the moving parcels platform or the moving parcels services for any reason, including but not limited to: your violation or alleged violation of this agreement, your disparagement of company, your act or omission that causes harm to company’s brand, reputation or business as determined by company in its sole discretion.

2.7 minimum performance requirements.

You agree to conduct all delivery services in a professional, efficient, and workmanlike manner in compliance with standard industry practices, and the following specific standards in all markets:

A) safeguard deliveries at all times from contamination, excessive heat, cold, or tampering.
B) deliveries to be completed in the specified delivery window.
C) service interruptions will be reported immediately to the user.
D) rejected items will be returned immediately following delivery to the user.

You further agree that you will act in compliance with all applicable national, and local laws and regulations.

3. Location based services.

You acknowledge and agree that your Geo-location information must be provided to the moving parcels services via your mobile device in order to provide delivery services. In addition, company may monitor, track and share with third parties your Geo-location information obtained by the moving parcels platform for safety and security purposes.

4. Ratings.

4.1 ratings from user.

You acknowledge and agree that: (a) after receiving delivery services, a user may be prompted by moving parcels platform to provide a rating of you and such delivery services and, optionally, to provide comments or feedback about you and such delivery services; and (b) after providing delivery services, you may be prompted by the moving parcels platform to provide a rating of the user and, optionally, to provide comments or feedback about the user. You shall provide your ratings and feedback in good faith.

In order to continue to receive access to the moving parcels platform and the moving parcels services, you must maintain an average rating by users that exceeds the minimum average acceptable rating established by company for your territory, as may be updated from time to time by company in its sole discretion (“minimum average rating”). Your average rating is intended to reflect users’ satisfaction with your delivery services rather than your compliance with any of company’s policies or recommendations.

In the event your average rating falls below the minimum average rating, company will notify you and may provide you, in company’s discretion, a limited period of time to raise your average rating above the minimum average rating. If you do not increase your average rating above the minimum average rating within the time period allowed (if any), company reserves the right to deactivate your access to the moving parcels platform and the moving parcels services.

4.2 right to display ratings.

Company reserves the right to use, share and display your ratings and comments in any manner in connection with the business of company without attribution to you or your approval. You acknowledge and agree that company is a distributor (without any obligation to verify) and not publishers of your and user ratings and comments, provided that company reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or company’s content policies. The company is aware of confidentiality, hence it abides with the POPI Act 4 of 2013.

5. Mobile devices.

5.1 mobile devices.

You are responsible for the acquisition, cost and maintenance of your mobile devices as well as any necessary wireless data plan in connection with the use of the moving parcels platform. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the moving parcels platform (or any data associated therewith) with any third party.

You agree that: (a) use of the moving parcels platform on your mobile device requires an active data plan with a wireless carrier associated with your mobile device, which data plan will be provided by you at your own expense; and (b) use of the moving parcels platform on our mobile device as an interface with the moving parcels services may consume large amounts of data through the data plan. Company advises that your mobile device only be used under a data plan with high data usage limits, and company shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan. Driver agrees that driver will comply with all laws regarding the use of mobile devices while operating the vehicle.

6. You and your car.

6.1 Requirements.

You represent, warrant, and covenant that you have procured all applicable permits and licenses to operate your vehicle. You further acknowledge and agree that at all times:

(a) you shall hold and maintain (i) a valid driver’s license with the appropriate level of certification to operate your vehicle, and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide delivery services to third parties in the territory;

(b) you are at least 18 years of age;

(c) you possess the appropriate and current level of training, expertise and experience to provide the delivery services in a professional manner with due skill, care and diligence;

(d) you will maintain high standards of professionalism, service and courtesy;

(e) you will not provide services when under the influence of alcohol or illegal drugs or any substance that impairs your ability to drive safely and interact with user; and

(f) you are medically fit to drive and to lift at least 55 kg without causing danger or health risk to yourself or others. You shall notify moving packages promptly if a permit, license, or any portion thereof is suspended, cancelled, terminated, withdrawn, modified or transferred, and you will cease operation of moving parcels services unless and until all permits and licenses are properly reinstated. You recognise that licensing, permitting and related regulations within the various markets covered by this agreement are likely to change from time to time, and you will maintain all necessary permits and licenses required by law.

You acknowledge and agree that moving parcels may, but is in no way obligated to, conduct certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide the delivery services.

You acknowledge and agree that company reserves the right, at any time in company’s sole discretion, to deactivate or otherwise restrict you from accessing or using the moving packages platform or the moving parcels services if you fail to meet the requirements set forth in this agreement.

6.2 requirements of the car in service

You acknowledge and agree that your vehicle shall at all times be:

(a) properly registered and licensed to operate as a transportation vehicle in the territory;

(b) suitable for performing the delivery services contemplated by this agreement;

(c) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable territory;

(d) in a clean and sanitary condition and meets appearance standards deemed acceptable in the sole discretion of company.

7. Financial terms.

7.1 delivery calculation and your payment.

You are entitled to charge a fare for each completed delivery service provided to a user (“fare”), calculated based on current standards for the territory and established by the company that may include minimum charge, base rate, per kilometer charge, per minute charge, and user discounts or promo codes (“fare calculation”). Notwithstanding the foregoing, there may be situations where the fare is predetermined (e.g. Commercial fixed rates or minimum fare) or estimated (e.g., loading and unloading times are estimated). You acknowledge and agree that the wallet fare service fee is the payment you will receive in connection with the execution of delivery services. You acknowledge that company may distribute user discounts (promo codes) to encourage usage of moving parcels delivery services and that the fare available to you will be less than the normal fare when a promo code is utilized by a user.

You are entitled to charge user for any tolls, taxes or fees incurred during the execution of delivery services, if applicable. You:

(a) appoint company as your limited payment collection agent solely for the purpose of accepting the fare, tips, applicable tolls and, depending on the region and/or if requested by you, applicable taxes and fees from the user on your behalf via the payment processing functionality facilitated by the moving parcels services; and

(b) agree that payment made by user to company shall be considered the same as payment made directly by user to you.

7.2 changes to fare calculation; fare adjustment.

Company reserves the right to change the fare calculation at any time in company’s discretion based upon local market factors. Your acceptance of a delivery request with the associated driver earnings will constitute your acceptance of the fare calculation. Additionally, company reserves the right to:

(a) adjust the fare for a particular instance of delivery services (e.g., you took an inefficient route, you failed to properly end a particular instance of delivery services in the moving parcels platform, technical error in the moving parcels services, etc.); or

(b) cancel the fare for a particular instance of delivery services (e.g., user is charged for delivery services that were not provided, in the event of a user complaint, fraud, etc.). Company’s decision to reduce or cancel the fare in any such manner shall be exercised in a reasonable manner.

7.3 service fee.

In consideration of company’s provisioning and payment processing of the moving parcels services for your use and benefit hereunder, you agree to pay company a service fee on a per delivery services transaction basis. The service fee will include, at a minimum, fees for provisioning of moving parcels services (“provisioning charge”) and fees for processing user payments (” payment processing charge”). Any tips you receive from a user whether in cash or through the company’s payment processing will not be subject to the company provisioning charge.

Tips submitted through the company’s payment processing are subject to processing fees. In the event regulations applicable to your territory require taxes to be calculated on the fare, company shall calculate the service fee based on the fare net of such taxes. Company reserves the right to change the service fee at any time in company’s discretion based upon local market factors. Your acceptance of a delivery request with the associated driver earnings will constitute your acceptance of the service fee.

7.4 payment practices.

Company will process the user payment on your behalf through our payment processing functionality. We will use commercially reasonable efforts to remit amounts owed to you at least once a week. In the event that a user payment is unsuccessful (bank card declined), company will make best effort in reaching the user to resolve the payment issue. Company will remit your payment as soon as the user makes a successful payment. You agree that you are only paid if is able to collect the payment from the user.

7.5 cancellation charges.

You acknowledge and agree that users may elect to cancel requests for delivery services that have been accepted by you via the moving parcels platform at any time. In the event that a user cancels an accepted request for delivery services, company may charge the user a cancellation fee on your behalf. If charged, this cancellation fee shall be deemed the fare for the cancelled delivery services for the purpose of remittance to you hereunder (“cancellation fee”).

8. Proprietary rights; license.

8.1 license grant; use of moving parcels services and moving parcels platform.

Subject to the terms and conditions of this agreement, company hereby grants you a non-exclusive, non-transferable, non-sub-licensable, non-assignable license, during the term of this agreement, to use the moving parcels services solely for the purpose of providing delivery services to users and tracking resulting fares and fees. All rights not expressly granted to you are reserved by company.

8.2 restrictions.

You shall not, and shall not allow any other party to:

(a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the moving parcels services, or the moving parcels platform in any way;

(b) modify or make derivative works based upon the moving packages services or moving parcels platform;

(c) improperly use the moving parcels services or moving parcels platform, including creating internet “links” to any part of the moving parcels services or moving packages platform, “framing” or “mirroring” any part of the moving packages services or moving parcels platform on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the moving parcels services or moving parcels platform;

(d) reverse engineer, decompile, modify, or disassemble the moving parcels services or moving parcels platform, except as allowed under applicable law; or

(e) send spam or otherwise duplicative or unsolicited messages.

In addition, you shall not, and shall not allow any other party to, access or use the moving parcels services or moving parcels platform to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the moving parcels services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the moving parcels services; or (iv) attempt to gain unauthorized access to the moving parcels services or its related systems or networks.

8.3 ownership.

The moving parcels services and the moving parcels platform, including all intellectual property rights therein, are and shall remain (as between you and company) the property of company. Neither this agreement nor your use of the moving parcels services or moving parcels platform conveys or grants to you any rights in or related to the moving parcels services or moving parcels platform, except for the limited license granted above. Other than as specifically permitted by the company in connection with the moving parcels services, you are not permitted to use or reference in any manner company’s names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership for any commercial purposes.

9. Confidentiality.

9.1 each party acknowledges and agrees that in the performance of this agreement it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“confidential information”). Confidential information includes company information related to the moving parcels services, user information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) that such party designates as being proprietary or confidential or of which the other party should reasonably know that it should be treated as confidential.

9.2 each party acknowledges and agrees that:

(a) all confidential information shall remain the exclusive property of the disclosing party;

(b) driver will hold confidential any and all user data it receives, including any moving parcels partner’s data. It shall not use confidential information of the other party for any purpose except in furtherance of this agreement;

(c) it shall not disclose confidential information of the other party to any third party, except to its employees, officers, contractors, agents and service providers (“permitted persons”) as necessary to perform under this agreement, provided permitted persons are bound in writing to obligations of confidentiality and non-use of confidential information no less protective than the terms hereof; and

(d) it shall return or destroy all confidential information of the disclosing party, upon the termination of this agreement or at the request of the other party (subject to applicable law and, with respect to company, its internal record-keeping requirements).

9.3 notwithstanding the foregoing, confidential information shall not include any information to the extent it:

(a) is or becomes part of the public domain through no act or omission on the part of the receiving party;

(b) was possessed by the receiving party prior to the date of this agreement without an obligation of confidentiality;

(c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or

(d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.

10. Privacy.

10.1 privacy policy.

Our privacy policy, available at www.movingparcels.co.za describes how we collect and use personal information about you collected in and through the moving packages services (“privacy policy”). Our privacy policy is hereby incorporated into this agreement by this reference. You are responsible for protecting the log-in credentials for your user accounts from unauthorized access and use. You must promptly notify company by email at support@movingparcels.co.za of any known or suspected unauthorised use(s) of your account.

10.2 Disclosure of your information.

Subject to applicable law, company may, but shall not be required to, provide to you, a user, an insurance company and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information obtained about you through any background check)) about you or any delivery services provided hereunder if:

(a) there is a complaint, dispute or conflict, including an accident, between you and a user;

(b) it is necessary to enforce the terms of this agreement;

(d) to protect the safety of the public for any reason including the facilitation of insurance claims related to the moving packages services;

(e) to detect, prevent or otherwise address fraud, security or technical issues;

(f) to prevent or stop activity which company, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity); or

(g) it is required or necessary, in company’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the moving packages services. You understand that company may retain your personal data for legal, regulatory, safety and other necessary purposes after this agreement is terminated in accordance to company’s data retention policy and applicable laws.

10.3 use of your information.

Company may collect your personal data during the course of your application for, and use of, the moving packages services, or may obtain information about you from third parties in accordance with company’s privacy policy. Such information may be stored, processed, transferred, and accessed by company, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with company’s legitimate business needs. You expressly consent to such use of personal data.

11.Insurance.

11.1 Maintain Insurance.

You agree to maintain during the term of this Agreement on all Vehicles operated by you under this Agreement, car liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum financial responsibility requirements for the Delivery Services you provide pursuant to this Agreement within the Territory. This coverage must also include any no-fault coverage required by law in the Territory that may not be waived by an insured.

You agree to provide Company a copy of the insurance policy, policy declarations, proof of insurance and proof of premium payment for the insurance policy. Furthermore, you must provide Company with written notice of cancellation of any insurance policy required by Company. Company shall have no right to control your selection or maintenance of your policy. You must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy.

11.2 Notification of Accidents.

You will promptly notify Moving Parcels of all accidents, injuries, Parcel loss and/or damage or similar incidents and/or occurrences, no matter how minor, involving you and/or your Vehicle in connection with your providing of the Delivery Services. You agree this notification shall take place as soon as you are safely able to communicate with Moving Parcels.

11.3 Maintain Workers’ Comp Insurance.

You agree to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the country. If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all, but do so at your own risk. You expressly acknowledge that Moving Parcels is not responsible for maintaining workers’ compensation insurance for you as an independent contractor.

11.4 Your Responsibility for Appropriate Insurance.

You understand and acknowledge that your personal car insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage for the Delivery Services you provide pursuant to this Agreement. You should contact your insurance provider to ensure that you have adequate coverage for your Vehicle performing the Delivery Services as an independent contractor. If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not that of Company, to resolve them with your insurer(s).

11.5 notification of accidents.

You will promptly notify moving parcels of all accidents, injuries, parcel loss and/or damage or similar incidents and/or occurrences, no matter how minor, involving you and/or your car in connection with your providing of the delivery services. You agree this notification shall take place as soon as you are safely able to communicate with moving parcels.

12. Representations and warranties; disclaimers.

12.1 You hereby represent and warrant that: (a) you have full power and authority to enter into this agreement and perform your obligations hereunder; and (b) you will comply with all applicable laws in your performance of this agreement, including holding and complying with all permits, licenses, registrations and other governmental authorisations necessary to provide delivery services using the vehicle pursuant to this agreement.

12.2 disclaimer of warranties.

Company provides, and you accept, the moving parcels services, and the moving parcels platform on an “as is” and “as available” basis. Company does not represent, warrant or guarantee that your access to or use of the moving parcels services or the moving parcels platform:

(a) will be uninterrupted or error free; or

(b) will result in any requests for delivery services. The company makes no representations, warranties or guarantees as to the actions or inactions of the users who may request or receive delivery services from you, and company does not screen or otherwise evaluate users.

By using the moving parcels services and moving parcels platform, you acknowledge and agree that you may be introduced to a third party that may pose harm or risk to you or other third parties. You are advised to take reasonable precautions with respect to interactions with third parties encountered in connection with the use of the moving parcels.

12.3 No service guarantee.

Company does not guarantee the availability or uptime of the moving parcels services or moving parcels platform. You acknowledge and agree that the moving parcels services or moving parcels platform may be unavailable at any time and for any reason (e.g., due to scheduled maintenance or network failure). Further, the moving parcels services or moving parcels platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and company is not responsible for any delays, delivery failures, or other damages, liabilities or losses resulting from such problems.

13. Indemnification.

To the extent permitted by applicable law, you shall indemnify, defend (at company’s option) and hold harmless company, its affiliates, its officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including attorney’s fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this agreement; or (b) a claim by a third party (including users, regulators and governmental authorities) directly or indirectly related to your provision of delivery services or use of the moving parcels services.

14. Limits of liability.

Company shall not be liable to you under or related to this agreement for any of the following, whether based on contract, offense or any other legal theory, even if a party has been advised of the possibility of such damages: (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or (ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage.

15. Terms and termination.

15.1 the agreement:

(a) This agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein. Either party may terminate

(b) immediately, without notice, for the other party’s material breach of this agreement; or

(c) immediately, without notice, in the event of the insolvency or bankruptcy of the other party, or upon the other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, company may terminate this agreement immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and policies of company, to provide delivery services or to operate the vehicle, or as otherwise set forth in this agreement.

16. Relationship of the parties.

16.1 Independent contractor.

Except as otherwise expressly provided herein with respect to company acting as the limited payment collection agent solely for the purpose of collecting payment from users on your behalf, the relationship between the parties under this agreement is solely that of independent contracting parties. The parties expressly agree that: (a) this agreement is not an employment agreement, nor does it create an employment relationship, between company and you; and (b) no joint venture, partnership, or agency relationship exists between company and you.

16.2 Not an employee.

You have no authority to bind company and you undertake not to hold yourself out as an employee, agent or authorised representative of company. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of company, you undertake and agree to indemnify, defend (at company’s option) and hold company harmless from and against any claims by any person or entity based on such implied agency or representative relationship.

17. Governing law

This agreement will be governed by and construed in accordance with the laws of South Africa, without giving effect to principles of conflicts of law that would result in the application of the laws:

Arbitration Act 42 of 1965.
Protection of Personal Information Act 4 of 2013

18. Dispute resolution; arbitration, mediation.

18.1 Attempt to resolve.

In the event of any dispute arising out of or relating to this agreement or the transactions contemplated (a “dispute”), both you and company shall attempt in good faith promptly to resolve such dispute. Any party may give the other written notice that a dispute exists (a “notice of dispute”). The notice of dispute shall include a statement of such disputing party’s position. Within fifteen (15) days of the delivery of the notice of dispute, the parties shall meet at a mutually acceptable time and place and thereafter as long as they reasonably deem necessary, to attempt to resolve the dispute.

All documents and other information or data on which each party relies concerning the dispute shall be furnished or made available on reasonable terms to the other party at or before the first meeting of the parties’ representatives as provided by this paragraph. The meeting described in this paragraph shall be a condition precedent to the commencement of any arbitration proceeding or litigation by either party, provided that this provision shall not apply to any action that (i) seeks injunctive relief or (ii) must be commenced or filed (or not be dismissed) to avoid prejudicing a party’s rights.

18.2 Arbitration.

The Act provide for the settlement of disputes by arbitration tribunals in terms of written arbitration agreements and for the enforcement of the awards of such arbitration tribunals. For the purposes of sub-section (2) a dispute shall be deemed to have been referred to arbitration if any party to the dispute has served on the other party or parties thereto a written notice requiring him or them to appoint or to agree to the appointment of an arbitrator or, where the arbitrator is named or designated in the arbitration agreement, requiring the dispute to be referred to the arbitrator so named or designated.

If any party to an arbitration agreement commences any legal proceedings in any court (including any inferior court) against any other party to the agreement in respect of any matter agreed to be referred to arbitration, any party to such legal proceedings may at any time after entering appearance but before delivering any pleadings or taking any other steps in the proceedings, apply to that court for a stay of such proceedings.

18.3 Mediation

The mediation process is cooperative and focused on resolving matters so that each party is satisfied with the outcome. A series of meetings is used to handle mediation. No formal hearings are held. The mediator may meet with the parties jointly or separately and, rather than deciding on the dispute, may write up the agreement reached by the parties. The agreement is nonbinding until it is converted into a court order or judgement. In an instance where the matter was not resolved, the next step taken will be mediation.

18.4 Fees.

The fees and expenses of the arbitration incurred in resolving the dispute shall be borne equally by the parties. Notwithstanding the foregoing, in the event moving parcels prevails in the arbitration, moving parcels will be entitled to an award of attorneys’ fees, expert witness fees and all costs of the arbitration (including the fees and expenses of the arbitrator), such fees, costs and expenses to be paid by the non-prevailing party. The arbitrator will be required to make an award of such fees, costs and expenses to moving parcels. Nothing in this section shall prevent a party from seeking injunctive relief from a court in any case where such relief is available.

19. Various terms.

19.1 Modification.

In the event company modifies the terms and conditions of this agreement at any time, such modifications shall be binding on you only upon your acceptance of the modified agreement. You hereby acknowledge and agree that, by using the moving parcels services or using the moving packages platform, you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein, including with respect to fare calculations. Continued use of the moving parcels services or moving parcels platform after any such changes shall constitute your consent to such changes.

19.2 Supplemental Terms.

Supplemental terms may apply to your use of the moving parcels services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“additional terms”). You may be presented with certain supplemental terms from time to time. Supplemental terms are in addition to, and shall be deemed a part of, this agreement. Supplemental terms shall prevail over this agreement in the event of a conflict.

19.3 Severability.

If any provision of this agreement is or becomes invalid or non-binding. The parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this agreement.

19.4 Assignment.

Neither party shall assign or transfer this agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that company may assign or transfer this agreement or any or all of its rights or obligations under this agreement from time to time without consent: (a) to an associate; or (b) to an acquirer of all or substantially all of company’s business, equity or assets.

19.5 Entire Agreement.

This agreement, including all supplemental terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this agreement.

19.6 Third party beneficiaries.

There are no third party beneficiaries to this agreement. Nothing contained in this agreement is intended to or shall be interpreted to create any third-party beneficiary claims.

19.7 Notices.

Any notice delivered by company to you under this agreement will be delivered by email to the email address associated with your account or by posting on the portal available to you on the Moving packages. Any notice delivered by you to company under this agreement will be delivered by e-mailing company at support@movingparcels.co.za Additional territory-specific notices may be required from time to time.