TERMS AND CONDITIONS
1 DEFINITIONS
In these Terms and Conditions, the terms below have the following meanings:
1.1 “e-Van” means Evan Delivery (Pty) Ltd, a company incorporated in accordance with the laws of the Republic of South Africa (registration number: 2021/687570/07);
1.2 “e-Van App” means both –
1.2.1 the e-Van mobile application that is provided by e-Van for downloading and installation from an online application store (whether accessed via
a smartphone or tablet); and
1.2.2 the e-Van website;
1.3 “e-Van Driver” means an independent contractor, who has access to a vehicle, and who makes his or her Transportation Services available to e-Van Hirers via the e-Van App (an e-Van Driver may or may not be the Owner of the vehicle used to provide the Transportation Services);
1.4 “e-Van Hirer” means any person who uses the e-Van App to contact e-Van Drivers and to obtain Transportation Services;
1.5 “e-Van Website” means the internet website with the address e-Van.africa or any website with a URL that is validly registered to e-Van;
1.6 “Owner” means an independent contractor who owns, leases or otherwise has the use of a vehicle which is registered on the e-Van App as being available for Transportation Services;
1.7 “Party” or “Parties” shall mean e-Van and/or an e-Van Driver, and e-Van Hirer or an Owner as users of the e-Van App depending on the context;
1.8 “Personal Information” means personal information as defined in the Protection of Personal Information Act 4 of 2013;
1.9 “Processing“, in relation to Personal Information, means processing as defined in the Protection of Personal Information Act 4 of 2013;
1.10 “Transportation Services” means the services provided to an e-Van Hirer by an e-Van Driver through the e-Van App for the transport of the e-Van Hirer’s items or goods by an e-Van Driver to the e-Van Hirer’s destination address; and
1.11 “you” and “your” means either or all of the following (depending on the context): an e-Van Driver, and e-Van Hirer or an Owner as users of the e-Van App.
2 CONDITIONS OF ACCESS
Your access to, and use of, the e-Van App is subject to these Terms and Conditions.
3 YOUR ACCEPTANCE AND CONSENT
3.1 By using the e-Van App, you –
3.1.1 confirm that you are over the age of 18 (eighteen) of age; and
3.1.2 expressly agree to these Terms and Conditions.
3.2 If you do not agree to all of the Terms and Conditions, please do not continue to use the e-Van App
3.3 By using the e-Van App, or downloading, installing or using any associated software to enable you to connect to e-Van Drivers, you acknowledge and agree to be bound by these Terms and Conditions.
4 CHANGES TO THE TERMS AND CONDITIONS
4.1 e-Van may change the Terms and Conditions at any time. The amended Terms and Conditions will be located at E-van.africa / terms-and-conditions and you will be notified, in the e-Van App, of any changes.
4.2 E-Van recommends that you familiarise yourself with the latest version of these Terms and Conditions regularly.
4.3 The most updated version of these Terms and Conditions will apply each time that you access and use the e-Van App.
5 DOWNLOADING AND USING THE APP
5.1 The e-Van App is free to download and use for e-Van Hirers (the fee for using the Transportation Services is determined between e-Van Drivers and e-Van Hirers as indicated in paragraph 6.2).
5.2 The e-Van App is free to download for e-Van Drivers and Owners, however a membership fee of R100 per month or R1000 per year is payable for each vehicle registered on the e-Van App. This membership fee is payable by the Owner (who may or may not be the Driver). Membership fees may be increased from time to time on not less than 60 day’s notice to Owners.
6 THE TRANSPORTATION SERVICES, CHARGES AND PAYMENT
6.1 The e-Van App helps e-Van Hirers connect with e-Van Drivers so that e-Van Hirers can arrange for an e-Van Driver to transport items on their behalf. The e-Van App does this by allowing –
6.1.1 e-Van Hirers to notify e-Van Drivers in their vicinity of the Transportation Services that they require;
6.1.2 e-Van Drivers who are willing to provide the Transportation Services to contact e-Van Hirers and to propose a price; and
6.1.3 e-Van Hirers to select which e-Van Driver they want to appoint to provide the Transportation Services.
6.2 e-Van Hirers must negotiate the fee for the Transportation Services and the payment method with the e-Van Driver. The fee is payable directly to the e-Van Driver. e-Van does not charge a fee, nor does e-Van receive any commission from the e-Van Drivers.
7 E-VAN IS NOT A TRANSPORTER
7.1 e-Van does not provide Transportation Services itself.
7.2 e-Van does not guarantee the e-Van Driver’s performance and takes no responsibility or liability for acts or omissions of the e-Van Driver or the Owner, or for any aspect of any transportation service provided to the e-Van Hirer by the e-Van Driver or the Owner. e-Van Hirers must satisfy themselves regarding the e-Van Driver and the road worthiness of the e-Van Driver’s vehicle.
7.3 Any contract for the provision of transportation services is concluded between an e-Van Hirer and an e-Van Driver. e-Van is not a Party to that contract.
7.4 All disputes arising from the Transportation Services shall be between the e- Van Hirer and the e-Van Owner / e-Van Driver. Any claims in this regard will be directly between the e-Van Hirer and the e-Van Owner / e-Van Driver.
8 OWN RISK
You use the e-Van App at your own risk. Without limiting the generality of the aforegoing, e-Van Hirers use the Transportation Services at their own risk.
9 NATURE OF ITEMS TRANSPORTED
9.1 The e-Van App can be used to arrange Transportation Services for a wide range of items and goods, such as furniture, building supplies and the like
9.2 e-Van Hirers should use their own discretion in deciding what items to contract with the e-Van Driver to transport. e-Van Hirers, e-Van Drivers and Owners are not permitted to transport dangerous goods (in other words, goods which pose a risk to the e-Van Driver, a road user or any other person). The Transportation Services are not suitable for transporting cash and other valuables. The Transportation Services may not be used to transport illegal items.
10 CONDUCT OF DRIVERS
10.1 e-Van applies a Code of Conduct for the e-Van Drivers, but does not guarantee the performance of the e-Van Drivers.
10.2 Having said this, the e-Van App allows for e-Van Hirers to rate e-Van Drivers and e-Van regularly reviews ratings provided by e-Van Hirers. e-Van is entitled to revoke the membership or registration, as the case may be, of any e-Van Driver who receives five or more negative reviews in any 12 month calendar period. Before removing an e-Van Hirer’s access, e-Van will provide a written summary of the complaints against the e-Van Hirer and will allow you, the e- Van Hirer and the e-Van Driver, an opportunity to make written representations. e-Van’s decision will be final and binding.
11 YOUR CONDUCT
11.1 The e-Van App also allows e-Van Drivers to rate e-Van Hirers as users.
11.2 e-Van reserves the right to remove an e-Van Hirer’s access to the e-Van App if it receives repeated poor reviews by e-Van Drivers of an e-Van Hirer as use. Before removing an e-Van Hirer’s access, e-Van will provide a written summary of the complaints against the e-Van Hirer and will allow you the e-Van Hirer an opportunity to make written representations. e-Van’s decision will be final and binding.
12 TRANSPORTING PEOPLE: NOT ALLOWED
e-Van Drivers are permitted to move items or physical objects only and are not permitted to transport the e-Van Hirer or any other persons. e-Van recommends that e-Van Hirers do not allow themselves or any child to be transported by the e-Van Driver, but if the e-Van Hirer does so, then this is completely at the e-Van Hirer’s own risk.
13 NO INSURANCE COVER
e-Van does not provide insurance to e-Van Hirers, e-Van Drivers or to Owners. It is the e-Van Hirer’s sole responsibility to insure any items transported by the e-Van Driver. e-Van is not responsible for any loss or damage to your items. Any claim arising from damage or loss to your items must be handled between the e-Van Hirer and the Owner.
14 RELATIONSHIP BETWEEN E-VAN, E-VAN DRIVERS AND OWNERS
The e-Van Drivers and Owners are independent service providers and are not employees or agents of e-Van.
15 LICENSE TO USE THE E-VAN APP AND E-VAN’S INTELLECTUAL PROPERTY
15.1 All content made available on the e-Van App (such as text, graphics, logos, button icons, images, and software) belongs to e-Van and is protected by law. Without limiting this, e-Van owns the trademark ( South Africa: Trade Mark Applications Nos. 2021/18701 e-Van and device in Class 9 and 2021/18702 e- Van and device in Class 39 – In the name of Evan Delivery (Pty) Ltd and the slogan “Connect, Collect, Deliver”.).
15.2 e-Van grants you a non-exclusive, non-transferable license to access and use the e-Van App solely for the purpose of accessing the Transportation Services
and for viewing any advertisements or specials appearing on banners within the e-Van App.
15.3 You may not use any intellectual property from any portion of the e-Van App nor modify or reproduce any part thereof.
15.4 No part of the e-Van App may be copied or transmitted via any means available now or in the future.
15.5 Unauthorised use, alteration or dissemination of any part of the e-Van App is prohibited.
15.6 Nothing on the e-Van App should be regarded as granting any licence or right to use any trademark without e-Van’s prior written permission.
16 YOUR ACCOUNT
16.1 You must keep your access details (including, your username and password) confidential and not allow other people to use it.
16.2 You accept responsibility for all activities that occur on the e-Van App using your access details or password.
16.3 e-Van may refuse to provide products and/or services to you if we are unable to verify any information that you provide to us.
16.4 You may not assign or otherwise transfer your account or login details to any other person or entity. Should another person or entity use your login details for use of the e-Van App, e-Van will be entitled to assume that the person or entity is you.
16.5 You will not use the e-Van App or the Transportation Services for any unlawful purpose, and you shall comply with all the laws of the Republic of South Africa when using the e-Van App and acquiring or using the Transportation Services. You indemnify e-Van and its directors, employees and agents against any claims arising out of or in connection with your unlawful use or misuse of the e- Van App.
16.6 You will provide accurate information, as required for the e-Van App, failing which e-Van has the right to terminate this agreement and your access to the e-Van App at any time with or without notice.
17 PERSONAL INFORMATION AND PRIVACY POLICY
17.1 You agree that your use of the e-Van App will be subject to e-Van’s Privacy Policy, which is situated at https://e-van.africa/privacy-policy/.
17.2 e-Van shall not be responsible for any loss, destruction, alteration or disclosure of your Personal Information or other data caused by any third Party.
17.3 You warrant that you are entitled to transfer the relevant Personal Information to the e-Van App, so that e-Van can Process, use and/or transfer the Personal Information or other data in order to facilitate the Transportation Services.
17.4 The e-Van Driver’s location data and personal data, including his or name, a photograph of the e-Van Driver and his or her vehicle, and contact number, are made available to e-Van Hirers and Owners in order to help improve the service, including pick-up, navigation, live tracking, real time communication and customer support. You warrant that you will protect and keep confidential all Personal Information that you receive from e-Van and/or the e-Van Driver, against unauthorised use or unlawful disclosure.
18 DISCLAIMER
18.1 The e-Van App is provided by e-Van on an “as is” and “and available” basis.
18.2 e-Van does not guarantee that the e-Van App is free from errors, defects, malware and viruses or that the e-Van App is at all times correct, up to date, accurate or available.
18.3 The e-Van Drivers registered with the e-Van App may be tracked through the e-Van App. The location tracking feature may not be error-free nor may it be accurate. Your use will be solely at your own risk and is solely for your convenience.
18.4 The e-Van App may be subject to malfunctions and delays due to your data levels, your phone location settings and operation of mobile phone networks.
18.5 e-Van will not be responsible for any direct, indirect or consequential loss whatsoever and howsoever caused, arising out of or in connection with the use of the e-Van App.
18.6 e-Van does not guarantee the operation of the e-Van App or the information, content, tools or materials on the e-Van App, nor that the e-Van App will always be available. You agree that you use the e-Van App at your own risk.
19 LOCATION DATA
19.1 You agree that e-Van may use your location data for providing the Transportation Services and for enabling Owners to monitor their e-Van Drivers.
19.2 If you would no longer like e-Van to collect location data, you may adjust your device settings. Note that this will prevent the provision of the Transportation Services that require your location.
20 DISPUTE RESOLUTION
20.1 Any dispute which arises between e-Van and you in respect of these Terms and Conditions shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
20.2 If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being declared.
20.3 If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFS.
20.4 Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
20.5 The arbitration shall be held –
20.5.1 in the Kwazula-Natal province or at another venue agreed upon by the Parties in writing;
20.5.2 in English; and
20.5.3 immediately and with a view to its being completed within 21 (twenty- one) days after it is demanded.
20.6 The Parties irrevocably agree that the decision in arbitration proceedings –
20.6.1 shall be final and binding upon them;
20.6.2 shall be carried into effect; and
20.6.3 may be made an order of any court of competent jurisdiction.
21 FORCE MAJEURE
21.1 The failure of either Party to fulfil any of their obligations under these Terms and Conditions shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms and Conditions, and has informed the other as soon as possible about the occurrence of such an event of Force Majeure.
21.2 During the subsistence of Force Majeure, the performance of both Parties under these Terms and Conditions shall be suspended, on condition that either of them may elect to cancel any service should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.
22 SUSPENSION, MODIFICATION AND TERMINATION
e-Van may, in its sole discretion and at any time, elect to modify these Terms and Conditions or suspend or discontinue any of the services offered on the e-Van App, or suspend or discontinue the e-Van App.
23 LIMITATION OF LIABILITY
23.1 To the maximum extent permitted by law e-Van excludes all implied representations and warranties which, but for these Terms and Conditions, might apply in relation to your use of the e-Van App.
23.2 Notwithstanding anything to the contrary in these Terms and Conditions, you indemnify and hold e-Van harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the above, whether due to negligence or not.
23.3 To the extent that e-Van’s liability cannot be excluded by law, its maximum liability, whether in contract, equity, statute or delict (including negligence), to the User will be limited to the minimum amount imposed by such law.
24 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. By registering on the e-Van App or using any services offered on the e-Van App, you are deemed to have accepted and agreed to these Terms and Conditions.
25 MISCELLANEOUS
25.1 You may not assign or transfer any of your rights or obligations under these Terms and Conditions to any person without e-Van’s prior written approval. e- Van may assign and transfer any of its rights and obligations to any person without your approval.
25.2 If any provision of the Terms and Conditions is held to be unenforceable, such provision shall be null and void and the remaining provisions shall remain in full force and effect.
25.3 The failure by e-Van to enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right.
26 DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
26.1 The full name and legal status of e-Van is: Evan Delivery (Pty) Ltd, a company incorporated in accordance with the laws of the Republic of South Africa (registration number: 2021/687570/07)
26.2 The full address of e-Van is: 5 Fairview Drive, Wartburg, KwaZulu Natal
26.3 The e-Van website address is: e-van.africa.
26.4 The physical address of e-Van for receipt of legal service: P. O. Box 556 Wartburg, 3233
26.5 The registered address of e-Van is: 5 Fairview Drive, Wartburg, KwaZulu Natal
26.6 The email address of e-Van is: info@e-van.africa.
26.7 The directors of e-Van are: Guy Johnson
26.8 The main business of e-Van is to supply the e-Van App, an easy-to-use personal delivery app created to –
26.8.1 facilitate connection between local delivery vehicles, and the end user who needs them;
26.8.2 connect e-Van Hirers to e-Van drivers;
26.8.3 help Owners manage their drivers;
26.8.4 provide Owners who drive their own vehicles a platform within which to facilitate deliveries; and
26.8.5 enable e-Van Hirers to track e-Van Drivers and goods which are being delivered.