Delivery Agent
Last Update On: 29 March 2025
  1. BINDING NATURE OF THE AGREEMENT

    These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and SendMePls, (Pty) Ltd its holding company and, affiliates (collectively, “SendMePls,” “we,” “us” or “our”) governing your use of SendMePls application (the “SendMePls App”), website, and technology App (collectively, the “SendMePls App”).

  2. INTERPRETATION AND PRELIMINARY

    The headings of these terms of service and use are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of service or use nor any clause hereof. Unless a contrary intention clearly appears –

    • 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 Rider s in whatever form it may be.
        • all internal control systems of SendMePls and the Operators and Rider s.
        • details of the financial structure and any other financial and operational information of SendMePls and the operators and Rider s; and
        • any arrangements between SendMePls and the Operator, Rider 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 Rider
    • “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 Rider s 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:
      • the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use.
      • dissemination by means of transmission, distribution or making available in any other form; or
      • merging, linking, as well as restriction, degradation, erasure, or destruction of information.
    • “Rider(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 (“Rider 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.
    • 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.
  3. APPOINTMENT

    SENDMEPLS registers Operators on their App to provide the Services and The Operator accepts such registration on the terms and conditions set out herein.

  4. DURATION

    This Agreement shall commence on the Effective Date and shall terminate on the Termination Date, unless terminated earlier as provided for herein.

  5. THE SERVICES The Services to be rendered in terms of this Agreement are set out in Annexure A hereto.
  6. TERMINATION
    • SENDMEPLS shall be entitled to terminate this Agreement if one or more of the following occur –
      • An Operator 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.

      Provided that SendMePls shall have given the Operator 14 (fourteen) days’ written notice of its intention to terminate.

    • Notwithstanding the provisions above, either Party may terminate this Agreement by giving the other Party 14 (fourteen) calendar days’ written notice to that effect.
  7. Charges
    • All Customers that request or use of the app services agree that such a request will result in charges (“Charges”).
    • All Rider 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
  8. FARES

    There are two types of Fares, variable and quoted.

    • 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 Delivery Agent’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.

  9. OPERATOR PAYMENTS

    An Operator is entitled to an Operator Fare for the Services you perform for Customers, as provided in the Agreement.

    • Operator Fare” for a completed ride consists of a base fare or pickup fare amount plus incremental amounts based on the actual time and distance of the ride. The applicable base fare, pickup fare, and/or time and distance amounts are shown in a rate card (the “Rate Card”).
    • Additional Payments to Operators In addition to the Operator Fare, you will receive the following payments, if applicable: (i) any tips provided by a Rider to you, (ii) any tolls or surcharges collected for remittance to you, (iii) any damage charges we collect on your behalf, and (iv) any bonuses or incentives you earn based on your provision of Tripshare Services.
    • Rate Card You may earn incremental amounts based on the actual time and distance between the time you accept a ride request and the time you pick up the Rider. The Rate Card amounts displayed in your Delivery Agent dashboard are personal to you. The Rate Card amounts may vary by including but not limited to by factors such as the type of vehicle you provide and the type of service you are providing (for example, economy, shared, extra seats, or luxury)
  10. OPERATOR PAYMENT PROCESSING.
    • Payment processing will be carried out through payment system determined by SendMePls. By using SendMePls App to receive payment proceeds, you agree to be bound by the terms and conditions relating to the payment processor, which may be modified from time to time.
    • As a condition of SendMePls enabling payment processing services through Sage you authorize SendMePls to obtain all necessary access and perform all necessary activity on your Sage Connected Account to facilitate your operators commission for Services as contemplated in this agreement. You further agree to provide accurate and complete information about you and your business and authorize SendMePls to share it and transaction information with Sage for the purposes of facilitating the payment processing services provided. SendMePls reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion.
    • Advance Pay Out. An operator may elect to receive an advanced pay out through SendMePls App. Upon requesting to access the Advance Pay out, you acknowledge that you will be charged a fee for this Advance pay out service as prescribed by SendMePls prior to confirmation. You acknowledge that (i) your financial institution may not support Advance pay outs, (ii) SendMePls cannot make any guarantee concerning how quickly Advance Pay Out will settle with your account, and (iii) requests can only be applied for and processed before midnight of every Monday, (iv) you may be liable for any additional costs related to the processing of the Advance Pay Out.
    • You acknowledge and agree that SendMePls and its partners and affiliates may seek to generate additional demand for your Services from new and existing Rider s. and will engage in marketing exercises. You acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
  11. OBLIGATIONS OF THE OPERATORS

    The Operator shall -

    • interact with SendMePls on a regular basis.
    • conduct the Services in a professional manner and render the Services with due diligence and proper care in a timely manner and in accordance with the standards of performance which can be expected from the industry in which the Operator operates.
    • co-operate with SENDMEPLS in all matters relating to the rendering of the Services and timeously submit to SendMePls such information and reports as may be required in connection with the rendering of the Services.
    • not engage in any conduct which is calculated to or has or may have the effect of bringing SendMePls or any of its employees into disrepute.
    • disclose to SendMePls all acts or omissions which may constitute a breach by the Operator of its obligations to SendMePls; and
    • be true and faithful to SendMePls in all dealings and transactions whatsoever relating to SendMePls ’s business and interests
  12. DELIVERY AGENT REPRESENTATIONS, WARRANTIES AND AGREEMENTS

    By providing Services as a Delivery Agent on SendMePls App, you represent, warrant, and agree that:

    • You possess a valid Delivery Agent's license, Public Delivery Agents Permit (PDP), and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to Customers in South Africa
    • You own, or have the legal right to operate, the vehicle you use when providing Services; such vehicle is in good operating condition and meets the safety standards and all applicable statutory motor vehicle requirements for a vehicle of its kind; and any and all applicable safety recalls have been remedied per manufacturer instructions.
    • You will not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Delivery Agent while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of SendMePls Rider s and third party
    • You will only provide Services using the vehicle that has been registered, and approved by SendMePls, and for which a photograph has been provided to SendMePls, and you will not transport more customers than can securely be seated in such vehicle.
    • You will not, while providing the Services, operate as a public or common carrier or taxi service, accept street hails, charge for trips (except as expressly provided in this Agreement), demand that a Rider pay in cash, or use a credit card reader, or accept payment or engage in any other activity in a manner that is inconsistent with your obligations to SendMePls.
    • You will not attempt to defraud SendMePls or Customers on SendMePls App or in connection with your provision of Services. If SendMePls receives allegations of or suspects that you have engaged in fraudulent activity SendMePls may withhold applicable fares or other payments for the ride(s) in question and take any other action against you available under the law.
    • You will not discriminate against Rider s with disabilities. You will make reasonable accommodation as required by law for Rider s who travel with their service animals or who use wheelchairs (or other mobility devices) that can be folded for safe and secure storage in the car's trunk or backseat.
    • You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
    • You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
    • You will pay all applicable taxes based on your provision of Services and any payments received by you.
  13. SENDMEPLS OBLIGATIONS
    • SendMePls shall co – operate and assist the Operator in performing its obligations in terms of this Agreement and the Rider in securing the service by allowing the two access to its App which will use location-based technology to link up a request for service with a request for an Operator.
    • SendMePls shall provide the following perks to the Operator
      • Emergency data bundles capped at 100MG per week
      • Funeral Benefit (R30,0000. cover for Operator, Spouse and a maximum of 4 children) (effective from 1 December subject to 2 months waiting period
      • Savings Pocket (Accessible after 5 uninterrupted years of registration as an Operator: calculated on the average earning ofR26,500. Per month)
      • Emergency Fuel Advance effective 1 December 2022
      • Two (2) Carwash vouchers per month to be paid once a month
      • Car tracking device and panic button applicable immediately upon successful registration
      • Roadside assistance and medical evaluation applicable immediately
      • Upon successful registration.
  14. PENALTIES
    • Should the Operator fail to
      • deliver or meet the targeted number of trips
      • to submit requisite personal documents as requested
      • to present the vehicle for assessment as determined by SendMePls
      • to register and attend continuous training as provided by SendMePls
    • SendMePls will be entitled to suspend the access of the Operator to the App until all listed above has been provided

    • In accordance with clause 16.1 above SendMePls reserves its right to review and appraise the Operators performance annually, the outcomes of which shall be conveyed to the Operators.
    • Should a Rider fail to
      • 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 Delivery Agent
      • 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 Rider 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.

  15. INDEMNITY

    SENDMEPLS shall not be liable for any act or omission on the part of the Operators or the Rider s in the rendering of the Services under this Agreement (whether negligent or otherwise) which causes injury, loss or damage to any employee or officer of SENDMEPLS and or any third party (whether direct, indirect, or consequential) and the Operator and Rider s hereby indemnifies and holds SendMePls harmless against any claims of whatsoever nature in this regard.

  16. THIRD PARTY WORK

    This Agreement shall in no way limit the Operator’s right to conduct any business with and/or for any third parties and to enter into contracts of any nature with any third parties, provided, firstly, that the Operators obligations in terms of this Agreement shall always be timeously and satisfactorily fulfilled, and secondly that the Operators shall not conduct any business with and/or for any third party whose interests may conflict with SendMePls ’s interests. In cases of scheduling conflicts regarding the rendering of the Services, the Operator shall give priority to the Services provided to SendMePls under this Agreement.

  17. FRAUD

    If at any time during the duration of this agreement SendMePls, in its reasonable discretion determines, based in prima facie evidence, that the Operator or Rider 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, Then SENDMEPLS will be entitled by to terminate this agreement. Upon such termination SENDMEPLS shall be entitled in addition to all other remedies available to it, to recover from the Operator or Rider all damages it has suffered by virtue of such conduct by the Operator or Rider. If, at any time of such termination, SENDMEPLS is indebted to the Operator for any amount whatsoever, SendMePls shall be entitled to withhold payment in respect therefore for a period of 90 days from the date of termination in order to investigate the Operators or Customers conduct and damages suffered by SENDMEPLS. No payment by SENDMEPLS to the Operator or Rider after the lapse of such period shall preclude SENDMEPLS, thereafter, from recovering from either any such damages as it may have suffered. “
  18. INTELLECTUAL PROPERTY RIGHTS
    • All intellectual property rights in SendMePls App shall be owned by SendMePls absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in SendMePls App are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of SendMePls. SendMePls shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
    • SENDMEPLS and other SendMePls logos, designs, graphics, icons, scripts, and service names are registered trademarks, trademarks, or trade dress of SendMePls in the South Africa and/or other countries (collectively, the “SendMePls Marks”). If you provide Services as a Delivery Agent, SendMePls grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use SendMePls Marks solely on SendMePls stickers/decals, SendMePls App, and any other SendMePls-branded items provided by SendMePls directly to you in connection with providing the Tripshare Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without SendMePls’s prior written permission, which it may withhold in its sole discretion. SendMePls logo (or any SendMePls Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a SendMePls Mark in a domain name or SendMePls referral code, or use of a SendMePls Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as an Operator r on SendMePls App, but may not misidentify yourself as SendMePls, an employee of SendMePls, or a representative of SendMePls.
    • You acknowledge that SendMePls is the owner and licensor of SendMePls Marks, including all goodwill associated therewith, and that your use of SendMePls logo (or any SendMePls Marks) will confer no interest in or ownership of SendMePls Marks in you but rather inures to the benefit of SendMePls. You agree to use SendMePls logo strictly in accordance with SendMePls’s Brand Guidelines, as may be provided to you and revised from time to time, and to immediately cease in so far as may be necessary, the Operator assigns to SendMePls the Intellectual Property rights in all present and future works of which the Operator may be the author, which works were or are created, compiled, devised or brought into being during the course and scope of the Operators rendering of the Services to SendMePls Rider s . No consideration shall be payable by SendMePls to the Operator in respect of this assignment.
    • All reports, manuals, budgets, indices, research papers, letters, or other similar documents (the nature of which is not limited by the specific reference to the aforegoing items) which are created, compiled, or devised or brought into being through use of information from the Operator or come into the Operators possession during the course and scope of this Agreement, and all copies thereof, shall be the property of SendMePls. Upon the date of termination of this Agreement, or earlier if required by SendMePls, such documents and all copies shall be returned to SendMePls.
    • On termination of this Agreement, the Operator shall deliver to SendMePls all property in the Operators possession or under its control belonging to SendMePls or created in pursuance of the Operators obligations in terms of this Agreement including, without limiting the generality thereof, documents, drawings, plans, reports, data sheets and disks.
  19. CONFIDENTIALITY
    • The Operator shall not for the duration of this Agreement or thereafter, regardless of the reasons for termination, use for its benefit or the benefit of any other person or communicate or divulge to any unauthorised person any confidential matter or information relating to the business affairs, processes, marketing techniques, trade secrets, client lists and / or professional connections of SendMePls or any of its clients.
    • By signature hereunder, all parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as irrevocably agree and acknowledge that all information provided, whether confidential, personal, or otherwise, may be used and processed by the Operator and such use may include placing such information in the public domain.
    • It is agreed that the parties owe each other a reciprocal duty to ensure compliance with any and all of the provisions of the POPI relating to the protection of personal information held by each of them relating to their respective institutions in terms of the agreement.
    • Further it is specifically agreed that the Operator will use its best endeavours and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has been provided.
    • All parties acknowledge that they have read all the terms in this agreement and that they understand and agree to be bound by the terms and conditions as set out in this agreement.
    • It is confirmed that by the reciprocal submission of information between the parties and irrespective as to how such information is submitted, the party’s consent to the collection, collation, processing, and storing of such information and the use and disclosure of such information in accordance with this agreement.
  20. NON-PARTNERSHIP

    Nothing in this Agreement shall be deemed to constitute either of SendMePls or the Operator the partner of the other or constitute either of those Parties the agent or legal representative of the other. It is not the intention of the Parties to create, nor shall this Agreement be construed to create any commercial or other partnership. Neither SendMePls nor the Operator shall have any authority to act or to assume any obligation or responsibility on behalf of the other of them.

  21. NO CESSION OR ASSIGNMENT

    The Operator shall not cede or assign any of its rights and obligations in terms of this Agreement to any third party without prior written consent of SendMePls.

  22. WARRANTIES

    The Operator warrants that it has the ability, skill, and experience to render the Services and perform all related functions expected of it in terms of this Agreement.

  23. DISPUTE RESOLUTION

    Should any disputes, disagreements or claims arise between the Parties concerning this Agreement, the parties may attempt to resolve the dispute by mediation, failing which either Party may institute action in any Court that has jurisdiction.

  24. IMPLEMENTATION

    The Parties undertake to do all such things, perform all such acts, take all such steps, and procure the doing of all such things, the performance of all such acts, and the taking of all such steps as may be necessary to give effect to the terms and conditions under the import of this Agreement.

  25. SEVERABILITY

    Any provision in this Agreement, which is or may become illegal, invalid, or unenforceable in any jurisdiction affected by this Agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

  26. DOMICILIUM CITANDI ET EXECUTANDI
    • 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: +27 010 447 6489
        Contact Cell Number: +27 0785439511.
      • THE OPERATOR 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.
  27. WHOLE AGREEMENT, NO AMENDMENT
    • 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.
  28. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto shall be determined in accordance with such laws.
ANNEXURE A-SERVICES
The services to be rendered are parcel and shopping & gift delivery services under the SendMePls brand. SendMePls Parcels SendMePls provides parcel delivery from one location to another with options for pickup and drop off. Customers can choose the right vehicle based on the size of their package and how quickly they need it delivered.
o Bicycle: Best for small, lightweight parcels within short distances.
o Scooter: A faster option for small to medium-sized packages.
o Pickup Car: Suitable for medium parcels that need secure transport.
o Pickup Truck: Ideal for large shipments or bulk deliveries. SendMePls Shopping & Gifts With this service, customers can get groceries, gifts, or other store-bought items delivered to their doorstep quickly. Whether it's a last-minute present or daily essentials, SendMePls makes sure they arrive on time. • Option to request personal shopping from select stores.
• Gifts can be delivered with special packaging upon request.
• Customers receive live tracking updates on their orders.