eDeliver Terms & Conditions

(Effective 1 February 2021)

A. ALL USERS

  1. These Terms and Conditions (“Terms“) set forth the terms and conditions eDeliver (Pty) Ltd (registration number: 2021/304353/07), a duly registered South African company trading as eDeliver (“eDeliver”) requires you to accept if you want to access or use the eDeliver platform (“Platform”) via our Website at https://edeliver.co.za (“Website”) or our apps located on the Google Play Store or Apple's App Store ("Apps") in order to receive Delivery Services from, or perform Delivery Services for, other Users of the Platform.
  1. These Terms whether stated or otherwise referenced herein constitute a legal agreement between you and eDeliver.
  1. The Platform is only available to South African citizens and can only be used while you are located and situated inside South Africa. If you are not situated in South Africa, then stop using the Website and/or Apps immediately.
  1. By using or accessing the Platform or Website or Apps in any manner, including downloading, installing or using any Apps, or receiving or performing any Delivery Services, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time at our Website and/or our Apps.
  1. Upon accessing or using the Platform, or receiving or performing Delivery Services you become a “User” of eDeliver’s Platform, whether as a “Driver” or a “Store“ or a “Customer” ordering from the Platform, as further described herein.
  1. Each User referenced herein are also a “consumer” for purposes of the Consumer Protection Act 2008 (the “CPA”).
  1. If there is any provision in these Terms that you do not understand, it is your responsibility to seek professional advice or alternatively request eDeliver to explain the Terms to you before accepting the Terms or continue to use the Platform via our Website or Apps.
  1. eDeliver reserves the right to modify the provisions of these Terms or any of its policies relating to our Platform or the accessing of Delivery Services by our Users thereon at any time, effective upon posting of an updated version of the Terms on our Website and/or on our Apps in the future. You are responsible for regularly reviewing these places for any updates to the Terms. Use of our Platform after any updates to these Terms shall constitute your consent to all such changes made to the Terms in such update and your affirmation of your agreement to the updated Terms as a whole.
  1. eDeliver is a logistics management platform and does not provide transportation services.
  1. Our Platform makes it possible for:
  1. eDeliver is not a transportation carrier, it is the Driver’s sole decision whether to offer for and provide the Delivery Services posted on our Platform from time-to-time.
  1. Customers must provide their physical address before they can place an order for items or products using the Platform.
  1. The Platform was designed to provide a fast Delivery Service in close proximity from where you are at the time of placing an order using the Platform.
  1. Customers can only order items or products from one Store at a time and cannot add multiple products from multiple Stores into the basket at a time.
  1. Customers can only order items or products from Stores which indicated that they are “open” and “live” on the Platform, and also only those items and/or products that are available and in stock at time of ordering.
  1. Customers who make use of the Platform to order goods and items purchase such goods and items directly from the Store and not from eDeliver. The contractual relationship to deliver such goods and items are between yourself and the Store, and not eDeliver.
  1. Where you choose “cash-on-delivery” as a payment method, you as the Customer are liable to ensure you pay cash when the items are delivered to you. You shall have to correct value available and not expect the Driver to carry “change” on him/her. While your registered username and password was used to place the “cash-on-delivery” order, you will remain liable to pay for a “cash-on-delivery” Transaction, whether you have actually in-person placed the order or not.
  1. Any claims against eDeliver for the performance of the Delivery or for the items or products ordered shall be a claim against the Store.
  1. Should you have any questions or require support, the Store shall always be your fist point of contact to enquire about the progress of a Delivery and secondly the Driver. eDeliver shall provide support where the Store or the Driver cannot be contacted and/or is not available or cannot attend to your query.
  1. eDeliver has no control over and is not responsible for the performance, actions or inactions of any User, whether associated with the use of our Platform or the receiving or providing the Delivery Services via our Platform, in public, private, or offline interactions, or otherwise.
  1. Payment methods made available on the Platform by eDeliver or the Store may be removed at any time or may be amended from time-to-time. Once the Customer paid for the items or products online or accepted cash-on-delivery as a payment method and eDeliver accepted the Transaction and confirmed the acceptance of the Transaction, a valid sales agreement was concluded and a contractual relationship exist from that point in time between the Customer and the Store for the performance of the Delivery. Placing items in the Platform’s shopping basket does not constitute a Transaction. Where you choose to pay via credit or debit card and you request that the details of the card is stored/saved, then you give eDeliver the right to charge such stored/saved card for future Transactions that you initiated, and each such future Transaction will be deemed to have been authorised by you in person and that you have consent to such a charge through your card.
  1. Should you as Customer wish to cancel your order, you must contact the relevant Store and inform them. The Store may have their own rules and policies regarding cancellations which you will need to adhere to.
  1. Pricing or items or products, its availability or any other content listed on our Platform, Mobile App and Website may be amended or changed by eDeliver or a Store at any time without any further notification to you as a Customer or Driver.
  1. Stores list their own products and items on the Platform and eDeliver accepts no liability or cannot guarantee the accuracy or validity of such products and/or items or its availability.
  1. Some items/products sold on our Platform may require you to be a legal age of at least 18 years old, in some instances the Store, the Driver or eDeliver may request you to provide proof of your ID document to determine your legal age before the Delivery may occur.
  1. You may give a Driver a “tip” out of your own free will and you are not obligated to do so. In this event the full value of the tip shall be paid over to the Driver. You may also choose to pay the Driver a tip in cash personally when your items get delivered.
  1. Where you specify an address on the Platform as the address for Delivery, then the Driver shall only deliver to that address, no changes or amendments to the address can be made once you have placed the order. The Driver shall not redirect or go to a different address, the Driver can only deliver the items to the address you specify. eDeliver shall not accept any liability as a result of you failing to provide the correct address and you will be liable for any delivery charges to the specified delivery address.
  1. eDeliver cannot provide or guarantee any delivery time periods to you as the Customer. You may contact the Driver to request the progress of a Delivery once the Driver picked up your order. Should you not be available at time of Delivery or there is no one available to accept the Delivery on your behalf, then the Driver shall leave the Delivery at your door/gate and leave.
  1. All Users need to know that every time you access or use the Platform or receive or perform Delivery Services through the Platform, you expressly agree, represent and warrant that, at the time of each such access or use:
  1. Save for where a Store’s contact details are in the public domain and allow the public to contact them during given time periods, all contact between Users should end when the Delivery is complete.
  1. You should immediately alert eDeliver if another user contacts you for any reason other than your Delivery.

B. DRIVERS

  1. The following section is applicable to drivers of eDeliver and users who wish to register as a driver only.

C. STORES

  1. The following section is only applicable to stores or Users who wish to register as a store

D. GENERAL (ALL USERS)

  1. Confidential Information
  1. All Users acknowledge and agree that by accessing and using our Platform to receive or perform Delivery Services, they may be exposed to unknown third parties, including unknown Drivers or Stores, and contents in deliveries that may be or are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable.
  1. eDeliver shall not be held accountable, liable or responsible for any harm or loss you may experience during a Transaction or during the performance of a Delivery Services.
  1. Cancellations
  1. Without limiting any other of its remedies at law or in equity, eDeliver may temporarily lock and/or permanently deactivate your eDeliver account and access to the Platform and eliminate your ability to offer to perform Delivery Services if:
  1. eDeliver may reactivate User’s account temporarily locked after investigation by eDeliver in its sole discretion
  1. You hereby grant eDeliver permission and the full right and authority to fully investigate and prosecute violations of any of these Terms (including all documents and agreements referenced or incorporated herein) to the fullest extent of the law, including involving, cooperating or disclosing your personal information to law enforcement authorities in connection therewith.
  1. Without limiting our other remedies, we may withhold Delivery payments, limit, lock or deactivate your User account, prohibit access to our Platform, Websites, and its content (including your own), services and tools, delay or remove hosted content, and take technical and legal steps to prevent any User from accessing our Platform, Websites or any portion thereof if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these terms and other published eDeliver terms or policies.
  1. Neither eDeliver nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any User of our Platform and eDeliver and its officers, directors, employees, agents, representatives, affiliates and licensors are not be liable for any loss, claim, injury or damage arising in connection with your use of the Platform, whether you receive or provide Delivery Services.
  1. By using the Platform, you thereby release eDeliver, its officers, directors, employees, agents, representatives, affiliates and licensors from any liability related to any use of our Platform or your receiving or providing Delivery Services or the conduct or misconduct of a User.
  1. The Delivery Services, Mobile Apps, Platform and Website are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by eDeliver to the maximum extent permitted by applicable law. eDeliver makes no warranties or representations about the accuracy or completeness of any content provided through the Platform or the content of any Websites linked to the Platform.
  1. eDeliver does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked Website or featured in any banner or other advertising and eDeliver will not be a party to or in any way be responsible for monitoring any Transaction between you and third-party providers of products or services.
  1. Without limiting the foregoing, neither eDeliver nor its affiliates or licensors warrant or guarantee:
  1. You acknowledge and agree that eDeliver is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties.
  1. eDeliver expressly disclaims any liability that may arise between Users of its Platform. Use of our Platform and receiving or performing Delivery Services thereunder are entirely at a User’s own risk.
  1. eDeliver currently does not and has no obligations to assess the suitability, legality or ability of any User to perform or complete a Delivery and you expressly waive and release eDeliver from any and all any liability, claims or damages arising from or in any way related to a User’s performance of a Delivery.
  1. You acknowledge that Users providing Delivery Services requested using the eDeliver Platform or Website might not be professionally licensed or permitted and may not have the proper insurance. eDeliver will not be a party to disputes, negotiations of disputes between any of our Users. You expressly waive and release eDeliver from any and all liability, claims, causes of action, or damages arising from your access or use of the eDeliver Platform, Website or your receiving or performing Delivery Services, or in any way related to another User or any other third party introduced to you by the Platform, Website or during a Delivery, or otherwise.
  1. Under no circumstances will eDeliver, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants be liable to you, another User or any third party for any indirect, incidental, consequential, punitive, special or exemplary damages arising in connection with your use of or inability to access or use the Platform, Website or Delivery Services, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or Transaction between a Driver, Store, any third party service provider, advertiser or sponsor whose advertising appears on the Website or is a User of the Platform or Website including for personal injury, loss of data, revenue, profits, use or other economic advantage, even if all parties have been previously advised of the possibility of such damages.
  1. If notwithstanding the foregoing exclusions, it is determined that eDeliver or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you or to you during the six months prior to the time such claim arose.
  1. eDeliver owns all intellectual property rights in and to the Platform and the Website, including but not limited to database rights, copyright, design rights, trademarks and other similar rights, whether or not currently registered, wherever existing in the world together, with full rights to apply for protection of the same, and your use of the Platform or Website gives you no rights therein.
  1. eDeliver owns and retains ownership in the eDeliver Platform, Mobile Apps and Website, and all intellectual property and proprietary rights therein. Contingent upon your compliance with the terms and conditions of the Terms, eDeliver hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Platform via the Website on any authorized device. This license does not allow you to use the Platform or Website on any device that you do not own or control. The terms of the license will govern any upgrades provided by eDeliver that replace and/or supplement the eDeliver Platform or Website, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
  1. eDeliver reserves the right to stop offering and/or supporting our Platform, Website or our Users’ ability to receive or perform Delivery Services or any particular portion or part of our Platform, Website or access to Delivery Services at any time, at which point your license to use the Platform or Website or your access to the Delivery Services therefrom, or any part thereof, will be automatically deactivated. In such event, eDeliver shall not be required to provide refunds, benefits or other compensation to Users in connection with such discontinued Platform, Website or access to Delivery Services.
  1. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or the Website in any way; (ii) modify or make derivative works based upon the Platform or the Website; (iii) create Internet “links” to the Platform, alternate access to Delivery Services, or “frame” or “mirror” any App or Website on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Platform or Website to copy any ideas, features, functions or graphics of the Platform or Website whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform or Website, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform or Website (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our Website; (vi) attempt to gain unauthorized access to the Platform or Website or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Platform or Website; or (vii) use our Platform or Website to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.
  1. Subject to your compliance with the Terms, eDeliver grants you a limited, non-exclusive, non- transferable license: (i) to view, download and print any Content that eDeliver makes available through the Platform or Website, including any Content licensed from a third party (“eDeliver Content“), but excluding any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or App, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with eDeliver Content collectively, “Collective Content“); and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by eDeliver above.
  1. eDeliver Content may be used solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, App or Collective Content, except as expressly permitted in the Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by eDeliver or its licensors, except for the licenses and rights expressly granted in the Terms.
  1. You agree that eDeliver has no responsibility to, and may not, monitor your access to or use of Collective Content or review or edit any Collective Content. eDeliver reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that eDeliver, at its sole discretion, considers to be in violation of these Terms or otherwise harmful.
  1. You may not assign your responsibilities, duties and obligations (or any portion thereof) as set forth in these Terms, to any party without the prior written approval of eDeliver in each instance. Any purported assignment in violation of this section shall be void.
  1. No joint venture, partnership, employment, or agency relationship exists between you, any other User, eDeliver or any third party provider as a result of a User becoming a Driver or Store, their use of the Platform or their providing or receiving Delivery Services via the Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these Terms, and the remaining provisions shall be enforced to the fullest extent under law. The failure of eDeliver to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless specifically acknowledged and agreed to by an authorized person from eDeliver in writing. Unless eDeliver has entered into a separate written agreement with a User addressing their access or use of our Platform or Website or the Delivery Services, these Terms, and all agreements and documents referenced herein, comprise the entire agreement between our Users and eDeliver superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between a User and eDeliver regarding a User’s use of and access to the eDeliver Platform, Website and Delivery Services.
  1. If you have entered into another Agreement with eDeliver and/or any eDeliver affiliate you acknowledge that document also is part of our agreement regarding your use of the eDeliver Platform.
  1. If you have entered into a Dispute Resolution and/or Arbitration Agreement with eDeliver, and/or any eDeliver affiliate, you acknowledge that those documents are also a part of our agreement regarding your use of the eDeliver Platform.
  1. Our Platform, Mobile App and Website make use of cookies to fully operate, you explicitly accept and agree that we may collect personal information about you and your device and store it in cookies while using the Platform or Website.
  1. You allow eDeliver to deliver notices to you electronically via email or Website push notifications, at any time, while you are a User of the Platform or Website.

INFROMATION

For the purposes of the Electronic Communications and Transactions Act 2002, eDeliver’s information is as follows:

Full name: eDeliver (Pty) Ltd, a private company registered in South Africa with registration number 2021/304353/07.

Main business: Managed IT solutions and related services

Physical address (for legal purposes): Unit B18, 300 Witch Hazel Avenue, Highveld, Centurion, 0157

Office bearers: Jan van der Nest, Hendrik Badenhorst, Hazel, Badenhorst, Abraham Linde

Phone number: +27 87 012 5057

E-mail address: info@edeliver.co.za

PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from the Website. Stores’ information is available in the relevant listing or you may contact us at info@edeliver.co.za to request a copy of same.

Overview

eDeliver is an online delivery service. © Copyright 2021 eDeliver (Pty) Ltd - All Rights Reserved

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More About Us
  • eDeliver (Pty) Ltd
  • Registration: 2021/304353/07 

  • Unit B, Eco Fusion 4, 300 Witch
    Hazel Avenue Highveld, Centurion, 0157, South Africa.


  • +27 87 012 5057
  • Email us