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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.
  2. These Terms whether stated or otherwise referenced herein constitute a legal agreement between you and eDeliver.
  3. 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.
  4. 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.
  5. 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.
  6. Each User referenced herein are also a “consumer” for purposes of the Consumer Protection Act 2008 (the “CPA”).
  7. 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.
  8. 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.
  9. eDeliver is a logistics management platform and does not provide transportation services.
  10. Our Platform makes it possible for:
  • A registered individual or business referred to as a “Customer(s)”, wishing to place an order and purchase products from Stores listed on our Platform, this is referred to as a “Transaction”; and
  • An individual or business referred to as a “Store(s)”, wishing to enrol and list their products on the Platform and make it available to Customers for purchasing from the Platform; and
  • An individual, who is self-employed and an independent contractor and who choose to perform deliveries on a Store’s behalf, referred to as a “Driver(s)”, who agree to deliver such purchased products to a Customers’ specified address by collecting such products from the Store, using the Platform;
  • And collectively these activities are referred to as a “Delivery” or referenced as a “Delivery Service(s)”
  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.
  2. Customers must provide their physical address before they can place an order for items or products using the Platform.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Any claims against eDeliver for the performance of the Delivery or for the items or products ordered shall be a claim against the Store.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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:
  • You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these Terms and to fulfil your obligations hereunder.
  • Your use of the Platform is for your sole, personal use and you will not resell to a third party.
  • You are at least 18 years of age or such older age as may be required in a State or other jurisdiction that restricts the ability to enter into agreements due to age. If you are not the required age you must not use the Platform and you may not perform Delivery Services.
  • You will only create one User account.
  • You will keep secure and confidential your User account password or any identification we provide you which allows access to our Platform.
  • You will provide eDeliver with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation (actively or by omission) with any person or entity, including Drivers must use a true facial picture in their profile when creating an eDeliver account.
  • You will not represent yourself to be an agent, subcontractor, representative, employee or affiliate of eDeliver.
  • You will only access and use the Platform and receive or perform Delivery Services for lawful purposes and in accordance with all applicable laws and regulations.
  • You will not access or use the Platform, or receive or perform Delivery Services for shipping, sending or storing any unlawful material, for fraudulent purposes, for promoting or encouraging any illegal activity.
  • You will keep in confidence and shall not disclose, or use for the benefit of others, any and all third parties’ confidential, proprietary, or personally identifiable and/or other information of which you may become aware as a User, except as necessary to carry out and perform under these Terms.
  • You will not collect or store any information about any other.
  • You will not access or use any information about any other User other than as allowed through the Platform and only as strictly needed during the performance of a Delivery.
  • Save for when a Transaction is in progress, you will not otherwise contact any Customer or Driver directly or outside of the Platform.
  • You shall not contact another User directly once the Delivery is complete.
  • You will not stalk, intimidate, threaten or otherwise harass or cause physical or mental distress to any third party, including other Users and eDeliver staff and representatives.
  • You will not copy, or distribute text, graphics, images, music, software, audio, video, information or other like materials related to our Website, Platform or App (“Content“) without written permission from eDeliver.
  • You will not access or use our Platform or receive or perform Delivery Services in any way that could cause nuisance, annoyance, and inconvenience or could interfere with or negatively affect other Users from fully using or enjoying the Platform or receiving or performing Delivery Services.
  • You will not infringe the rights of any third party (including other Users and eDeliver) and including, intellectual property, privacy, publicity or contractual rights.
  • You will not discriminate against someone based on traits such as age, color, disability, gender identity, health, marital status, national origin, race, religion, sex, or sexual orientation.
  • You will not assist any third-party in any of the above.
  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.
  2. 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.
  • Drivers give permission to be screened via a standard background check conducted by a third-party Credit Reporting Agency (“CRA” and “Background Check”).
  • During application as a Driver, you are required to provide a valid driver’s license and South African ID Number, and your written consent to eDeliver having our CRA conduct a Background Check on you at that time, prior to allowing you to perform Deliveries, and also at any time thereafter, as and when determined in our sole discretion, and without any additional consent from you, as may be allowed pursuant to applicable law.
  • The eDeliver Background Check Process may consists of a criminal background check and Motor Vehicle Record (MVR) report and does not include a credit check.
  • A driver is required to get a Police Clearance Certificate and produce same to eDeliver before account activation.
  • The full details of what is needed to pass the Background Check and other details can be found in our FAQ.
  • Any screening or Background Check process is not a substitute for your good judgment when interacting with other Users. At all times while accessing or using our Platform and during the time of any Delivery, you must exercise caution and use your common sense.
  • It is every Driver’s duty and obligation to know and comply with all applicable laws and regulations relating to the pick-up and delivery locations of any Delivery, including without limitation those laws governing the transportation of items where applicable, prohibiting the transportation of certain items, and age restrictions.
  • eDeliver has no liability or responsibility to a Driver or any third party if a Driver fails to comply with these Terms or all applicable laws with respect to the performance of the Delivery.
  • Because Drivers act as their own employer in providing Delivery Services via the eDeliver Platform, eDeliver does not, and has no responsibility to, provide or pay for any permit, license or insurance a Driver may need or that may be advisable, to perform Delivery Services via the eDeliver Platform. It is each Driver’s own responsibility to acquire such permits, licenses and/or insurance necessary to perform a Delivery Service.
  • Drivers must attend to their own tax affairs and it is assumed that Drivers do not earn more than 80% of their income over a 12 month period only from eDeliver.
  • eDeliver does not provide medical insurance, or any other compensation to Drivers if they are hurt or injured while performing a Delivery and eDeliver does not carry workers’ compensation insurance for any Driver unless specifically required by law. For these reasons, all Drivers are required to have adequate medical insurance prior to performing a Delivery. Only you can know if you are physically capable of handling a Delivery you agree to deliver and eDeliver is not liable to you for any costs or damages you may suffer if you are hurt or injured while performing a Delivery. At all times you are solely responsible for the costs of any medical care you may require due to any such injury.
  • It is a Drivers’ responsibility to know what vehicle insurance, health insurance, licenses and permits are required or recommended and to procure the same prior to offering on Deliveries.
  • A Driver must have valid and active comprehensive business vehicle insurance PRIOR to offering on Deliveries. A Driver will not be allowed to deliver Deliveries and will be removed from the Platform if the Driver does not have sufficient vehicle insurance coverage. A Driver must always carry proof of all required vehicle insurance coverage while performing Deliveries and must provide the same to eDeliver and/or other authorities and officials upon request.
  • Drivers should keep personal information of Stores and Customers it gathers as part of a Delivery Services, private and confidential. Refer to the Confidential Information section in this Terms.
  • Some Deliveries contain items that may require a Driver to be 18 years of age, or to possess special qualifications, equipment, permits, licenses, insurance and physical capabilities, including Deliveries containing alcohol, cigarettes and other regulated products. Stores are responsible for clearly describing the items included in a Delivery so that a Driver knows whether or not they are qualified to offer to perform the Delivery.
  • Drivers have the right to and must inspect Delivery contents prior to leaving the pick-up location. If a Driver does not note any damage to an item in the Delivery while picking the Delivery up, it will be assumed that the damage was caused while in the Driver’s possession and the Driver will be liable therefor. If there is damage to the Delivery contents, the Driver should note any damage (it is easiest to take a picture and send it to support@edeliver.com) and wait for instructions from eDeliver on what to do next with the damaged Delivery.
  • A Driver is NEVER under an obligation to take or bring anything that the Driver has not been given the right to inspect as described and limited above and can always cancel the Delivery without penalty if a Store does not allow you to inspect or gives you a hard time about asking to inspect the Delivery as required by eDeliver.
  • Once a Driver accepts the Delivery, the Driver is then obligated to perform and pickup the items/products ordered by the Customer from the specific Store and deliver same to the Customer without delay.
  • A Driver may cancel the Delivery before it picks-up the items/products from the Store. Once picked-up a Driver can no longer cancel the Delivery and is obligated to deliver to the Customer without delay.
  • eDeliver may, without notification to you, temporarily lock your account after your second cancelation or no-show and may permanently deactivate your account upon your third cancelation or no-show.
  • eDeliver may, without notification to you, lock your account (temporarily or permanently) if your overall rating is between 1 and 5 (out of 10) for more than 10 Deliveries in any given period.
  • All Drivers shall, at all times, strictly use the Platform to indicate the progress of such Delivery and where required shall make contact with the Store and/or the Customer to provide feedback on the Delivery.
  • All Drivers are expected to have a fully functional and operational mobile device (preferably “Android” operating system) connected to a mobile network and have sufficient data, call time and/or airtime available, in order to log the progress on the Platform and to make and receive calls where necessary.
  • The cost of the mobile device and data, calls and prepaid airtime are for the Driver’s own account. eDeliver do not provide data, airtime or a mobile device to any Driver or be liable for any telephony costs whatsoever.
  • All Drivers must have a valid South African bank account and be a registered South African Citizen.
  • Fees due to Drivers are paid on a per kilometre travelled basis and the tariff per kilometre is calculated by eDeliver in its sole discretion and may be amended from time-to-time by eDeliver in its sole discretion.
  • Drivers are required to deliver a minimum of 20 orders during a calendar month. Failing which the Driver’s account may be suspended by eDeliver in their sole discretion.

C. STORES

  1. The following section is only applicable to stores or Users who wish to register as a store
  • Product(s)” – when used in this section means any physical item, food or product, produced by or acquired by the Store, which the Store wish to make available and sell on the Platform to Customers.
  • Prohibited Product(s)” – when used in this section means any of the following:
    • Live animals;
    • Heavy haul, oversize or overweight items;
    • Illegal products such as “dagga”/cannabis (“recreational drugs”), illegal substances or any other contraband;
    • Prescription and/or scheduled medication or medicine or any regulated over-the-counter medicine;
    • Common fireworks;
    • Any hazardous materials;
    • Firearms or weapons of any kind, including ammunition or replicas of same;
    • Any items/products of a sexual nature or related to sexual health;
    • Any illegal imported goods or smuggled items.
  • Special Products” – when used in this ection means age restricted controlled (legal) items such as alcohol, wine, beer and tobacco products
  • It is the Store’s duty and obligation to know and comply with all applicable laws and regulations relating to the pick-up and delivery locations of any Delivery and all items contained in a Delivery, including without limitation those laws restricting the amounts of certain items that can be shipped, and age restrictions.
  • The Store accepts responsibility to package Products appropriately based on level of risk, fragility, and other factors specific to the individual item.
  • Store will be fully responsible for all liabilities arising from Store’s failure to comply with the provisions of this Agreement, or all applicable laws with respect to the inclusion of specific items contained in a Delivery.
  • The Store shall keep confidential information of Drivers and Customers it gathers as part of a Delivery Services, private and confidential. Also refer to clause 9 in this regard.
  • The Store is not allowed to list and sell Prohibited Products on the eDeliver Platform.
  • In order to sell Special Products, the Store must provide a copy of its legal and valid permit(s) as required by law to sell these products to eDeliver before it may be listed on the Platform.
  • The Stores list and sell Products on the Platform at its own risk.
  • The Store shall, at its cost, ensure it has an Android tablet or an iPad available to manage the store’s online presence on the Platform (hereinafter the “Ordering Device”).
  • Connectivity to the Ordering Device is for the Store’s own cost. 
  • The Store must ensure that the Ordering Device remains connected to the internet at all operational times and must remain open and the screen active and be checked regularly for new Orders.
  • Where the Store becomes aware of any issues that may result in the delay of a Delivery or prevent the Delivery to be fulfilled, it must notify both the Driver as well as the Customer without delay, and where applicable cancel the Order.
  • If the Store continues to cancel Orders or do not perform under its obligations to prepare and deliver Products ordered by Customers, the Store may be locked and/or permanently deactivated and removed from selling on the Platform. In such an event, this Agreement terminates immediately without any claim against eDeliver whatsoever.
  • eDeliver may also, without notification to the Store, and in its sole discretion, lock the Store’s online Platform account (temporarily or permanently) if the Store’s overall rating on the Products the Store sell, is between 1 out of 3 on more than 10 (ten) Deliveries in any given period.
  • When selling food, takeout or any related Products, the Store shall ensure that all such Products are prepared in a clean and healthy environment and that only superior ingredients/products in preparing the food is used. The Store shall also ensure that it complies with and acquired all the permits and licenses necessary to operate a takeout, restaurant or food business in South Africa and that it complies with all laws, regulations and standard practices governing general hygiene and the environment in which it operates.
  • When selling any food items on the Platform, the Store is responsible and obligated to follow the fundamentals of food safety.
  • During the COVID-19 lockdown, the Store shall ensure that all its staff comply with all regulations put forward by the government of South Africa and the Store shall do all those things necessary to keep the Products it sell free from COVID-19. The Store shall also measure the fever temperature of all Drivers entering its venue and shall ensure that Driver’s hands are washed before picking up a Delivery during COVID-19 lockdown.
  • It is the Store’s own responsibility to ensure Products are marked as active and “available for sale” on the self-help portal of the Platform. The Store shall remove a Product as “available for sale” when that Product is no longer available in stock. eDeliver shall take not responsibility for Products sold on the Platform that is not available or no longer in stock, it remains the responsibility of the Store then to cancel and refund such an Order.
  • It is the Store’s responsibility to ensure product descriptions and product images displayed on the Platform are accurate, valid, and correct. Product descriptions or images may not mislead or misguide a Customer.
  • The Store can appoint and register its own Drivers on the Platform to attend to its own Deliveries received via the Platform. In this case the Store’s Drivers are obligated to adhere to and comply with the terms and conditions as specified for “Drivers” in section B above.
  • The Store should manage its own operating hours as well as menus and Products the Store offer for sale on the Platform.
  • It is the Store’s responsibility to remove a Product or mark it as unavailable on the Platform, when such Product is no longer available for sale.
  • It is the Store’s responsibility to provide product images and photos for each Product listed on the Platform.
  • It is the Store’s responsibility to ensure it always has the latest software version of the Platform loaded and activated on the Ordering Device and that the Store’s staff is logged into the self-help portal of the Platform during operational Platform trading hours.
  • In the event where the store wish to receive direct payment of each Order from eDeliver, then the Store shall register for a Payfast merchant account and keep the account live and active.
  • It is expressly agreed that the Store shall not artificially or otherwise increase its price for each Product it lists on the Platform beyond the price it usually charges its own customers when such customers buy at the store self. For purposes of clarity, the prices charged by the Store for Products listed on the Platform, should be the exact same price the Customer would pay, had the Customer chosen to buy the Product directly at the Store’s Venue instead. The only time a price increase will be allowed, is when the Store also increase the pricing of Products in-store.
  • Taking into account the aforementioned clause, it remains the Store’s responsibility to ensure the pricing of Products, listed on the Platform, are accurate, valid and correct and all pricing listed on the Platform shall include VAT where applicable.
  • The Store is only allowed to accept cash-on-delivery Deliveries where the Store attend to the Delivery of Products itself. Cash-on-delivery Deliveries are not allowed in the event where Stores make use of Drivers they do not employ or contract with to perform the Delivery.
  • Where a cash-on-delivery Delivery is accepted by the Store, the Store becomes liable to pay eDeliver the portion of the Order that relates to eDeliver’s Service Fee that eDeliver charged the Customer.
  • The Store shall keep eDeliver harmless from all claims against eDeliver, as a result of any Driver’s inability or unwillingness to Deliver Products to a Customer.
  • It is the Store’s responsibility to set the distance for Delivery on the self-help portal of the Platform. Only Customers within a 0 (zero) to 15 (fifteen) kilometre radius from the Store can order from the Store via the Platform.
  • In the event where the Store needs to contact eDeliver for support purposes, then the Store shall contact +27 87 012 5057 or send an email to stores@edeliver.co.za.
  • Store will be fully responsible for all liabilities arising from Store’s failure to comply with these Terms, or all applicable laws with respect to the inclusion of specific items contained in a Delivery.
  • Stores should keep confidential information of Drivers and Customers it gathers as part of a Delivery Services, private and confidential. Refer to the Confidential Information section in this Terms.
  • eDeliver reserves the right to, in its absolute sole discretion, remove any product or item listed by a Store on the eDeliver Platform, especially if products or items listed are of an illegal nature and not allowed to be sold in the public domain.
  • eDeliver has and takes no responsibility or liability for the inclusion of any Prohibited Items in any Delivery or a store’s failure to disclose a Special Item or a Store’s failure to comply with all applicable and enacted laws and regulations governing products and items it sells.
  • eDeliver shall under no circumstance reimburse any Transaction or shall have no liability to a Store for loss, damage or theft of items in a Store’s Delivery or the failure of a Driver to perform adequately while performing a Delivery Service.
  • Stores making use of Payfast is liable to pay a merchant fee based on a percentage of the Transaction’s value. This percentage is set by eDeliver in its sole discretion and may be amended by eDeliver from time-to-time in its sole discretion.
  • eDeliver shall always pay the Store their portion of the Transaction amount, net of merchant fees, for purposes of clarity, the merchant fee shall first be deducted from the Store’s portion of the Transaction amount before it gets paid directly into the Store’s Payfast account.
  • Any chargebacks by a Customer or refunds due to the Customer, even just proportionally, shall result in a reversal of the Transaction amount (or proportional amount as the case may be) paid to the Store. Where the reversal amount cannot be recovered from the Store’s Payfast account, same shall remain due and payable by the Store to eDeliver.
  • Where the Store is not a registered VAT vendor, then the enacted VAT rate shall be applied on the Products ordered and the VAT amount shall first be deducted from the Order before the net amount shall be paid to the Store. For purposes of clarity and by way of an example, if Products ordered is R100 then R100 x 15/115 = R13.04 shall be deducted before paying such amount to the Store, only where the Store is not a registered VAT vendor.
  • For purposes of VAT, and where the Store is registered as a VAT vendor, the Store shall issue a valid tax invoice to eDeliver, at least once a month, for the total gross value of Products ordered from the store via the Platform.
  • Where the Store cancels an Order before Delivery takes place, the full amount received from the Customer shall be refunded to the Customer by eDeliver. Any Order amounts paid to the Store for a cancelled order, shall become due and payable by the Store to eDeliver immediately.
  • The Store shall always comply with the provisions of the Protection of Personal Information Act 4 of 2013 adopted by the Republic of South Africa on 26 November 2013

D. GENERAL (ALL USERS)

  1. Confidential Information
  • During the performance of Deliveries, Users will have access to the “Confidential Information” of many third parties, including without limitation, the Confidential Information of eDeliver, Stores, and/or Customers. “Confidential Information” means all information, whether oral, written, contained on electronic media or otherwise, to which a User is given or has access to, or is made available to the User in connection with the performance of Deliveries, including without limitation names, addresses, telephone numbers and other information which may be used to specifically identify a person (“PII” or “Personally Identifiable Information”).
  • eDeliver and Users have special obligations with respect to the protection of Personally Identifiable Information and Protected Health Information and a User is responsible for both knowing those obligations and complying with the same.
  • Failure to meet these obligations will result in the User’s permanent removal from the eDeliver Platform and the User shall be prosecuted to the fullest extent of the law.
  • Personally Identifiable Information: Personally Identifiable Information (PII) refers to information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual. It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — that, when combined with other available information, could be used to identify an individual. eDeliver and Users are under a strict obligation not to use or disclose PII except as necessary to perform and deliver Deliveries.
  • You expressly acknowledge and agree that you, as a User of the eDeliver Platform are subject to a strict duty to maintain the absolute confidentiality of all such confidential and personal information and you understand that under no circumstances may you disclose such information to any other person or use such information for any other reason than to receive or perform Delivery Services via the eDeliver Platform.
  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.
  2. 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.
  3. Cancellations
  • Only Stores can cancel a Transaction or Delivery.
  • If a Store needs or wants to cancel a Transaction or Delivery, please cancel the request as soon as possible using the Platform. This will notify the Driver and free them up to accept other Deliveries from other Stores. To cancel a Delivery, tap Cancel on the Order Details screen on the Platform.
  • eDeliver will charge a Store R10 (ten Rand) for each cancelled Delivery and/or each non-acceptance.
  • A Delivery is deemed cancelled if the Store cancels the Delivery before a Driver picked up the delivery (“Cancelation“).
  • A Transaction will be considered a non-acceptance if the Store do not accept an order within 5 minutes after it received the order via the Platform. If either a Store Cancelation or Non-acceptance occurs, a R10 (ten Rand) cancelation fee is automatically charged to the Store’s account.
  • A Store will not be charged a cancelation fee if they cancel a Delivery due to a Driver’s no-show, or cancelation or if they cannot contact a Driver during the performance of their Delivery.
  • A store will not be charged a cancelation fee if a Customer contacts the Store and requests a cancellation. In this event the Customer shall be liable for a R10 (ten Rand) cancellation fee. In addition to phoning the Store to request a cancellation, a Customer is also required to log an incident ticket on the Platform requesting the cancellation.
  • An order can not be cancelled in any event after the Driver picked up the Delivery and is heading towards a Customer with the Delivery.
  • A Customer is entitled to a full refund, without any setoff or deduction, in the event where the Store cancels the Transaction and where the customer already paid, and the funds were received in full by either the Store or eDeliver.
  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:
  • you breach, are suspected of breaching, or are alleged to have breached these Terms or the Terms to which you are subject to or any of eDeliver’s other terms or policies governing a User’s use of the Platform;
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause financial loss or legal liability for you, our Users or eDeliver, its affiliates, or third party providers; we believe you may subject eDeliver or you or any other User to regulation by any state or local government or regulatory agency;
  • we suspect or it has been alleged that you have engaged in fraudulent, illegal or harmful activity in connection with your use or access of the eDeliver Platform, or in connection with your receiving or providing Delivery Services or you or your account is the subject of an investigation of alleged or suspected fraudulent, illegal or harmful activity; or
  • Prohibited Items are discovered in your Delivery.
  • eDeliver may temporarily lock a User’s account while investigating any incident or action that could lead to eDeliver permanently deactivating the User’s account. A User’s account may be locked for such time as eDeliver determines in its sole discretion. A User may provide eDeliver notice in writing of any extenuating circumstances surrounding the events leading to the lock and/or deactivation which eDeliver may consider in its sole and absolute discretion when making decisions regarding the status of the User’s account.
  1. eDeliver may reactivate User’s account temporarily locked after investigation by eDeliver in its sole discretion
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. Without limiting the foregoing, neither eDeliver nor its affiliates or licensors warrant or guarantee:
  • that access to the Delivery Services, Platform or Website will be uninterrupted, error-free, secure, timely or operate on any device or in combination with any other hardware, application, system or data;
  • as to the results that may be obtained from the use of the Delivery Services, Platform or Website;
  • that the Delivery Services, Platform or Website, or the quality of any products, services, information or other material purchased or obtained by you through the Platform or the Website, will meet your requirements or expectations;
  • as to the timeliness, accuracy, or reliability, of any User;
  • as to the timeliness, accuracy, or reliability of our Delivery Services, Platform or Website, or any information or materials provided through or in connection with the use of the Delivery Services, Platform or Website;
  • as to the completeness or content of any Delivery;
  • that the Platform and Website are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the Delivery Services;
  • Platform or Website will be corrected; or
  • that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
  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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. 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.
  18. 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.
  19. 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.

INFORMATION

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.