• words importing –

  • any one gender includes the other gender,
  • the singular includes the plural and vice versa, and
  • natural persons include created entities (incorporated or unincorporated) and the state and vice versa.
• the following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding meanings, namely –
  • “Agreement” means this Agreement and all annexures attached hereto.
  • “Application” means the digital App which connects users and operators developed, registered, and trademarked by SendMePls.
  • “Confidential information” means and includes but is not limited to:
    • any information in respect of know-how, formulae, processes, systems, business methods, marketing methods, promotional plans, financial models, inventions, long-term plans, and any other information of SendMePls the operators and Customer s in whatever form it may be.
    • all internal control systems of SendMePls and the Operators and Customer s.
    • details of the financial structure and any other financial and operational information of SendMePls and the operators and Customer s; and
    • any arrangements between SendMePls and the Operator, Customer s, and any other services with whom they have business arrangements of whatsoever nature, all of which SendMePls regards as secret and confidential.
  • “Divulge” or “make use of” means to reveal, make known, disclose, divulge, make public, release, publicise, broadcast, communicate or correspond or any such other manners of divulging of any information.
  • Effective Date” means date of registration on the APP as an operator or a Customer.
  • “Intellectual Property” means all intellectual property rights of any kind, including without limitation, applications, patents, service marks and trademarks (whether registered or not), copyright material, inventions, business methods, process methodology, trade secrets, reports, drawings, logos, or specifications, whether or not any of these are registered or not.
  • “Operators” – individuals registered on the App to provide ride or delivery services to individuals who request services on the app.
  • “Parties” means SENDMEPLS, and the Operators and Customer and “Party” means either of them.
  • Personal information” means personal information as defined in the Protection of Personal Information Act adopted by the Republic of South Africa and includes but is not limited to:
    • information relating to the race, gender, sex, pregnancy status, marital status, family, or other affiliates, national, ethnic, or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth of the person.
    • information relating to the education or the medical, financial, criminal or employment history of the person.
    • any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier, or other particular assignment to the person.
    • the biometric information of the person.
    • the personal opinions, views, or preferences of the person.
    • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence.
    • the views or opinions of another individual about the person; and
    • the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
  • POPI” means the Protection of Personal Information Act as signed into law by the President on 19 November and published in the Government Gazette Notice 37067 on 26 November 2013.
  • ‘‘Processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal or any information, including but not limited to: (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use. (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure, or destruction of information.
  • “Customer(s)” individuals registered on the App to secure trips or delivery services from operators registered in the App.
  • “Services” means provides a marketplace where, among other things, persons who seek transportation to certain destinations (“Customer s”) can be matched with transportation options to such destinations. the services to be rendered as set out in Annexure A attached hereto.
  • “SENDMEPLS” means a private company incorporated in the Republic of South Africa under registration number 2015/151888/07. “Termination Date” means the date SendMePls elects to terminate the agreement in terms of clause any reference in this Agreement to "date of signature" shall be read as meaning a reference to the date of the last signature of this Agreement. any reference to an enactment is to that enactment as at the date of signature hereof and as amended or re-enacted from time to time. when any number of days is prescribed in this Agreement, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday, or a public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or a public holiday.
  • where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
  • expressions defined in this Agreement shall bear the same meanings in schedules or annexures to this Agreement which do not themselves contain their own definitions.
  • where any term is defined within the context of any particular clause in this Agreement, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that such term has not been defined in this interpretation clause.
  • the expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as expressly provided that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
  • the rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of the Agreement, shall not apply; and
  • any reference in this Agreement to a Party shall, if such Party is liquidated, be applicable also to and binding upon that Party's liquidator, as the case may be.

• SENDMEPLS shall be entitled to terminate this Agreement if one or more of the following occur –
  • A Customer no longer qualifies to provide services or to operate the approved vehicle under applicable laws and regulation.
  • A party falls below SendMePls’s star rating or cancellation threshold.
  • A party conducts itself in a manner which will justify termination according to the common law.
  • A party conducts itself in a manner which brings or is likely to bring SendMePls into disrepute; and
  • SendMePls has the good faith belief that such action is necessary to protect the safety of SendMePls users or third parties,
  • A party breaches any term of this Agreement and fails to remedy such breach within a reasonable time, taking into consideration the nature of the breach and the consequences thereof.
• Notwithstanding the provisions above, either Party may terminate this Agreement by giving the other Party 24 hours written notice to that effect.

• All Customers that request or use of the app services agree that such a request will result in charges (“Charges”).
• All Customer s that request or use the App for services that require bikes and scooters acknowledge that charges will include fares and other applicable fees, tolls, surcharges, and taxes as set forth in

• VARIABLE FARES Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. For particularly short trips, minimum fares may apply. Please note that we use GPS data from your Driver’s phone to calculate the distance travelled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate time and distance using available data from your ride
• QUOTED FARES. Quoted Fares. In some cases, SendMePls may quote you a Fare at the time of your request. The quote is subject to change until the ride request is confirmed. If during your ride you change your destination, make multiple stops, or attempt to abuse SendMePls App, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. SendMePls does not guarantee that the quoted fare price will be equal to a variable fare for the same ride. Quoted Fares may include the Fees and Other Charges below, as applicable.

• Service Fee. You may be charged a “Service Fee” for each ride as set forth on the applicable SendMePls page.
• Peak Customer time fees. At certain times, including times of high demand for Services (“Peak Customer times”), you acknowledge that fees may increase substantially.
• Cancellation Fee. After requesting a ride, you may cancel it through SendMePls App, but note that in certain cases a cancellation fee will apply. You will also be charged if you fail to show up after requesting a ride. Please refer to our FAQs to learn more about SendMePls’s cancellation policy, including applicable fees.
• Priority customer Fee. If a Customer requires urgent transport and seeks the app to prioritise his or her ride above others on the APP, there will be additional charges for the prioritisation of that ride
• Damage Fee. If a Driver logs an incident report that you have materially damaged the Driver's vehicle, you are liable for the costs to repair the damage to the car up to an amount of depending on the extent of the damage (as determined by SendMePls in its sole discretion), towards vehicle repair. SendMePls reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Valet fees. If a driver logs an incident report that you fell ill whilst in the vehicle and your illness results in the soiling of the interior of the vehicle, you will be liable for valet costs of R500 to clean the vehicle to ensure that it returns to operation the following day. Such amount will automatically deduct from your registered card. SendMePls reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.
• Tolls fees. In some instances, tolls (or return tolls) may apply to your ride. You will be liable for toll charges. We do not guarantee that the amount charged by SendMePls will match the toll charged to the Driver, if any.
• Other Charges. Other fees and surcharges may apply to a ride, including actual or anticipated local fees, or event fees as determined by SendMePls or its marketing partners. In addition, where required by law SendMePls will collect applicable taxes
• Tips. Following a ride, a Customer may elect to tip the Operator through the SendMePls App. Any tips given will be provided entirely to the applicable Operator

• Upon registering on SendMePls App and loading the card information that will be linked to the Customers use of the App, the Customer acknowledges and consents that SendMePls may process all payments raised as fares and other fees in relation to each and every ride requested by the Customer.
• A Customer ’s payment of Charges to SendMePls satisfies the Customer’s payment obligation for use of SendMePls App and Services. Certain Charges may be collectively billed as a single purchase transaction to a selected payment method based on the payment frequency indicated in the Customer s settings. Any unrecognized transaction can be checked against ride receipt and payment history.
• All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal,). SendMePls may replace its third-party payment processor without notice to the Customer. Charges shall only be made through SendMePls App. Cash will be permitted during pre-determined times.
• No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of SendMePls App, any disruption to SendMePls App or Services, or any other reason whatsoever.
• Coupons. SendMePls may issue coupons that a Customer may apply toward payment of certain Charges upon completion of a Ride. These coupons are only valid for use on SendMePls App. Such coupons and are not transferable nor redeemable for cash. Coupons cannot be combined unless expressly provided otherwise, and if the cost of the ride exceeds the applicable credit or discount value, we will charge your payment method on file for the outstanding cost of the Ride. For quoted or variable fares, SendMePls may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of SendMePls App.

• The Customer must register on SendMePls App. For purposed of registration Customers shall have to disclose information relating to themselves, their personal address and information relating to credit card to be registered on the system for payments
• SendMePls App may only be used by individuals who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms, conditions, and obligations herein.
• SendMePls App is not available to Customers who have had their Customer account temporarily or permanently deactivated.
• A Customer may not allow other persons to use their Customer account and agree that they are the sole authorized user of their account. To use SendMePls App, each Customer shall create a Customer account. Each person may only create one Customer account, and SendMePls reserves the right to deactivate any additional or duplicate accounts.
• A Customers participation in certain SendMePls programs and use of certain SendMePls products or services may be subject to additional eligibility requirements as determined by SendMePls.
• By becoming a Customer, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year-old minor you may create a SendMePls account for such minor to use SendMePls App subject to the following requirements and restrictions:
  • you ensure that the minor’s use of SendMePls Platform is limited solely to accessing and using bike-share or scooter-share services where expressly permitted under the Supplemental Agreement applicable to such services,
  • you determine that the bike-share and scooter-share services are suitable for the minor,
  • you ensure that the minor’s use of SendMePls Platform and applicable bike-share or scooter-share services is done in compliance and acknowledgement of all applicable safety instructions and warnings in this Agreement, any applicable Supplemental Agreements, and SendMePls App,
  • you ensure that the minor does not request or accept any Tripshare Services unless accompanied by you or an authorized guardian,
  • you explain the terms of this Agreement to the minor, and
  • you expressly guarantee the minor’s acceptance of the terms of this Agreement.
• By creating a SendMePls account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor's use of SendMePls Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor customer

SendMePls shall co – operate and assist the Customer in securing the service by allowing the customer access to its App which will use location-based technology to link up a request for service with a request for an Operator.

• Should a Customer fail to
  • 1 settle his or her account on completion of a trip
  • arrive within 5 minutes time when an Operator has responded to the Customers request for a ride
  • Process payments in the event that the initial payment did not go though
  • Behave in a manner of decorum and respect to the Operator
  • Keep the interior of the vehicle in as clean a manner as would be expected from a car that is used to transit customers
  • respect the Operator and insult, assault, provoke, intimidate, or sexually harass the Operator,
  SendMePls reserves the right to suspend or deactivate the account of the Customer for a period determined by SendMePls. SendMePls reserves the right to assess the ratings received on Customers and deactivate the accounts of those who have been shown to be habitual offenders as set out in the incident reports submitted by the Operators.

• If at any time during the duration of this agreement SendMePls, in its reasonable discretion determines, based in prima facie evidence, that the Customer has, in respect of this agreement to which they were or are parties:
• acted dishonestly and or in bad faith; and or
• has made any intentional or negligent misrepresentation to SendMePls, whether in any negotiations preceding the conclusion of, or the execution of the agreement between the Parties,

• The Parties choose as their domicilia citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the following addresses -
  • SENDMEPLS
    Physical Address:
    Warich Close Office Park
    Office Building 3, Ground Floor
    39 van Vuuren Street, Constantia Kloof
    1709
    Contact Telephone Number:
    Contact Cell Number:
    
  • THE CUSTOMER
    Physical
    Tel:
    E-mail
• Any notice or communication required or permitted to be given in terms of this Agreement shall be valid and effective only if in writing, but it shall be competent to give notice by e-mail.
• Either Party may by notice to any other Party change the physical address chosen as its domicilium citandi et executandi vis-à-vis that Party to another physical address provided that the change shall become effective vis-à-vis that addressee on the 5th (fifth) day from the receipt of the notice by the addressee.
• Any notice to a Party –
  • sent by prepaid registered post (by airmail if appropriate) in a correctly addressed envelope to it at an address chosen as its domicilium citandi et executandi to which post is delivered shall be deemed to have been received on the 5th (fifth) day after posting (unless the contrary is proved).
  • delivered by hand to a responsible person during ordinary business hours at the physical address chosen as its domicilium citandi et executandi shall be deemed to have been received on the day of delivery.
  • sent by e-mail to its chosen e-mail address, shall be deemed to have been received on the date of despatch (unless the contrary is proved).
• Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.

• This Agreement constitutes the whole agreement between the Parties relating to the subject matter hereof.
• No amendment or consensual cancellation of this Agreement or any provision or term hereof or of any agreement or other document issued or executed pursuant to or in terms of this Agreement and no settlement of any disputes arising under this Agreement and no extension of time, waiver or relaxation or suspension of any of the provisions or terms of this Agreement or of any agreement or other document issued pursuant to or in terms of this Agreement shall be binding unless recorded in a written document signed by the Parties (or in the case of an extension of time, waiver or relaxation or suspension, signed by the Party granting such extension, waiver or relaxation). Any such extension, waiver or relaxation or suspension which is so given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given.
• No extension of time or waiver or relaxation of any of the provisions or terms of this Agreement or any agreement or other document issued or executed pursuant to or in terms of this Agreement, shall operate as an estoppel against any Party in respect of its rights under this Agreement, nor shall it operate so as to preclude such Party thereafter from exercising its rights strictly in accordance with this Agreement.
• To the extent permissible by law no Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.