RESCUEBITE DELIVERY PERSON TERMS AND CONDITIONS

(“DELIVERY TERMS”)

 

THESE DELIVERY TERMS ARE EFFECTIVE AS OF: 01 JANUARY 2021

“EFFECTIVE DATE”.

READ THESE DELIVERY TERMS CAREFULLY BEFORE APPLYING AS A DELIVERY PERSON. YOUR CONTINUED USE OF THE SOFTWARE APPLICATION INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE DELIVERY TERMS. YOU CANNOT ENLIST AS A DELIVERY PERSON IF YOU DO NOT ACCEPT THESE DELIVERY TERMS. ALL SECTIONS OF THE DRIVER TERMS ARE APPLICABLE TO ALL DELIVERY PERSONS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

 

1.               Introduction

1.1.        The Software Application is made available, and owned by Lucid Billing (Pty) Ltd t/a rescueBite (bearing registration number 2020/000141/07) (hereinafter referred to as "rescueBite", the “Software Application”, "we", “our", "us" or “its”). Any reference to "rescueBite", "we", "our", "us" or “its” shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub- contractors, service providers and suppliers.

1.2.        The Delivery Terms, including any document incorporated by reference herein, including the Privacy Policy (collectively, the "Terms") apply to Delivery Persons providing the Delivery Services.

1.3.        Applying to become a Delivery Person and providing the Delivery Services and/or use of the Software Application after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity. Further, you represent and warrant that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).

1.4.        To the extent permitted by applicable law, we may modify the Terms.  In the modification of the Terms we will require acceptance by the Delivery Person prior to the Delivery Person’s continued use of the Software Application, which consent shall be construed as a Delivery Person’s consent to the modified, amended or updated Terms.  A Delivery Person’s only remedy, should they not agree to the modifications, is to no longer use the Software Application.

1.5.        We do not accept any Delivery Persons who are not South African citizens, are under the age of majority, and who do not hold a valid drivers license, or who otherwise do not have the relevant capacity to be bound by the Delivery Terms. 

2.               Terminology

2.1.        The following terminology applies to these Delivery Terms: 

2.1.1.             Customer” shall mean a person or entity who through the use of the Software Application purchases Products and to whom the Delivery Person shall deliver Products;

2.1.2.             Delivery Commission” shall mean 10% (ten percent) of the Delivery Fee and retained by us  as set out more fully in clause 12.1 below;

2.1.3.             Delivery Fee” shall mean the amount earned by a Delivery Person when delivering the Products purchased through the Software Application to a Customer, as paid for by the Customer, and as set out more fully in clause 12.1 below;

2.1.4.             Delivery Person” shall mean an independent contractor that fulfills on-demand requests for Delivery Services of Products through the Software Application;

2.1.5.             Delivery Services” shall mean those services provided by the Delivery Person as set out in clause 8 below;

2.1.6.             License” shall mean the non-transferable, non-exclusive, limited, and revocable license to access the Software Application as granted by us to the Delivery Person as more fully set out in clause 3 below, which Software Application for the avoidance of doubt, shall be construed as our intellectual property;

2.1.7.             Store Partner” shall mean the company or individual who registers through the Software Application and from whom/which a Delivery Person shall collect Products for delivery to Customers;

2.1.8.             Party” or “Parties” means us or the Delivery Person, alternatively us and the Delivery Person as the context implies;

2.1.9.             Personal Information” shall mean the Personal Information as required from a potential Delivery Person in order to apply to provide Delivery Services;

2.1.10.          Products” shall mean the goods made available for sale by a Store Partner to be delivered by a Delivery Person as set out more fully in clause 10 below;

2.1.11.          rescueBite Wallet” shall mean the wallet which the Delivery Person shall be obliged to create on the Software Application as set out in clause 6.2 below;

2.1.12.          Software Application” shall mean the Android & iOS mobile application inclusive of the rescueBite Driver App, with the android Software Application being available for download on the Google Play Store, and the iOS Software Application being available on the Apple App Store, as subscribed to by the Delivery Person, and which comprises the Delivery Services;

2.1.13.          Storage Facility” shall mean fulfillment centres under our control from which the Delivery Person may be required to collect certain Products before delivering them to a Customer; and

2.1.14.          Terms” means these Delivery Terms and the Privacy Policy collectively.

2.2.        Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

3.               Your agreement to these Delivery Terms

3.1.        Subject to, and on the basis of a Delivery Person’s acceptance of these Delivery Terms, we grant to you a limited, revocable, non-transferable license to access and use the Software Application in accordance with the various policies and agreements which may govern such use and access.

4.               Commencement and Duration

4.1.        Save for what is stated in clause 20 below, the Terms shall apply to a Delivery Person from the date that they are accepted as a Delivery Person until such time as they choose to no longer provide Delivery Services, or are otherwise terminated in accordance herewith.

4.2.        A Delivery Person may elect to cease providing Delivery Services and terminating their account, only if there are no amounts owing by them to us.

4.3.        We shall however, after the termination of the Delivery Services by you, retain certain of your Personal Information for the appropriate period required in terms of applicable laws.

5.               Vetting Process

5.1.        Only a Delivery Person may provide the Delivery Services. 

5.2.        In order for us to consider you as a Delivery Person you will be required to submit the following documentation:

5.2.1.             your South African identity document (front and back in respect of an ID card); 

5.2.2.             your drivers license (front and back in respect of a license card);

5.2.3.             vehicle registration documents in respect of the vehicle that you will be using when making deliveries; and

5.2.4.             roadworthy certificate in respect of the vehicle that you will be using when making deliveries.

5.3.        We reserve the right, in our sole discretion, refuse a potential Delivery Person’s application based on the outcome of the vetting process, which may also include background criminal checks.

5.4.        Once accepted as a Delivery Person, the Driver undertakes to keep us updated of all changes in information submitted, and ensure that such information is true and correct at all times.

6.               Registration of a Delivery Person

6.1.        Once a potential Delivery Person passes the vetting process, then the Delivery Person will be required to register on the Software Application as a Delivery Person by following various prompts found on the Software Application. 

6.2.        The Delivery Person shall also be obliged to create a rescueBite Wallet on the Software Application in order that certain payments/credits may be processed.

7.               Appointment

7.1.        It is recorded that we engage the Delivery Person for the purpose of rendering the Delivery Services, against payment of the Delivery Fee as received by us (as agent on behalf of the Delivery Person) by means of the Customer purchasing Products and only for the period that a Delivery Person provides Delivery Services. 

7.2.        These Delivery Terms shall not be construed as a contract of employment but rather an agreement between 2 (two) independent Parties in respect of the Delivery Services. 

7.3.        At no time shall the Delivery Person be seen to be our employee of rescueBite and the termination of the Terms for whatsoever reason, shall not constitute unfair dismissal nor shall the Delivery Person be entitled to the payment of any redundancy or other compensatory payments on occurrence of the same.

7.4.        The Delivery Person shall not be entitled to any employee fringe benefits of any nature. 

7.5.        The Delivery Person acknowledges that although both Parties are independent Parties, we may be required by law to deduct tax and other government levies from the Delivery Fee due to it, but this shall in no way alter the relationship between us.

7.6.        The Delivery Person acknowledges and agrees that the continual or intermittent nature of Driver Services does not give rise to the doctrine of legitimate expectation and even where we make regular use of the Delivery Person providing the Delivery Services, we are not obliged to continue to make use of the Delivery Person.

7.7.        It is specifically recorded that it is not our intention to create a master and servant relationship or an indefinite term of employment as between us and the Delivery Person, but rather an arrangement based on the Terms that constitutes the letting and hiring of work (locatio conductio operas) as between the Parties. Furthermore, this is so notwithstanding the fact that for convenience loose reference may be made from time to time to the Delivery Services.

8.               Delivery Services

8.1.        In providing the Delivery Services it will be necessary for you to:

8.1.1.             download the Software Application.  This will allow you to keep your status on the Software Application insofar as it relates to Driver Services marked as:

8.1.1.1.         online in order that you may receive notifications from us in respect of Products that need to be delivered to a Customer; or 

8.1.1.2.         offline in situations where you do not wish to receive notifications relating to deliveries that need to be made.

8.2.        You shall be required to collect the Products from the Store Partner specified on the Software Application and deliver it to the Customer. 

8.3.        In the event that due to your whereabouts at the time you would be unable to deliver the Products within the time period specified on the order, you may not provide the Delivery Service in respect of that specific order.

9.               Delivery Person’s obligations

9.1.        In providing the Delivery Services, the following shall be required from a Delivery Person:

9.1.1.             that the Delivery Person complete all training modules and assessments as may be required by us within the specified time limit; 

9.1.2.             wear the uniform and carry the delivery bag as provided by us when attending to Delivery Services;

9.1.3.             be neat and well groomed when making a delivery;

9.1.4.             not be under the influence of alcohol or drugs when making a delivery;

9.1.5.             be courteous and friendly during all interactions with both the Store Partner and the Customer;

9.1.6.             not request a gratuity payment from the Customer;

9.1.7.             ensure that in the result of payment being ‘cash on delivery’ that you carry enough change to reimburse the Customer;

9.1.8.             hold a Customer’s address and contact details as confidential and not abuse or pass same on to a third party save as may be required in performing the Delivery Services; and

9.1.9.             not deliver any Products save those clearly marked on the order placed by the Customer.

9.2.        Your failure to adhere to any one or more of the above obligations may have the result of:

9.2.1.             you receiving a bad rating from a Store Partner or a Customer through the Software Application. Should you receive 3 (three) or more negative ratings we may suspend you from the Software Application with your status not being reactivated until such time as you have completed additional mandatory online modules and assessments, or at all; 

9.2.2.             having a 10% (ten percent) penalty fee levied against your Delivery Fee after Delivery Commission in order that you may once again perform Delivery Services; and

9.2.3.             in the case of certain serious allegations, such as criminal allegations, being permanently removed as a Delivery Person from the Software Application.

9.3.        Notwithstanding the aforegoing, a Delivery Person’s access to their account, and use of the Software Application may be terminated by us at anytime, with or without notice, at our sole discretion. 

9.4.        In the event of any of the happenings referred to in clause 9.2 above, any Delivery Fee held in your rescueBite Wallet shall be retained by us to cover any damages or repair any harm that may have been caused by your actions.

10.             Products

10.1.      The Products that you shall be required to deliver shall fall into one or more of the below categories: 

10.1.1.          Hospitality industry: pre-prepared meals as may be provided by a restaurant, caterer, hotel, bed and breakfast, ghost kitchen; and/or 

10.1.2.          Shelf items: being those that one may expect to find at a wholesaler, manufacturer or distributor to supermarkets, superettes, cafés, grocery stores or the like and/or

10.1.3.          Fresh produce: that one may expect to have supplied through a fresh produce supplier or farmer.

11.             Payments by the Customer

11.1.      In situations where a Customer elects to pay cash on delivery, this shall be collected by the Delivery Person on delivery of the Product.

11.2.      In such an event, the Delivery Person:

11.2.1.          shall not release the Products to the Customer until payment has been received in full; 

11.2.2.          once the cash is in hand, the Delivery Person shall record this on the Application Software by clicking the “cash collected” button and thereafter the “complete order” button to indicate that the transaction was made successfully, whereafter they will be prompted to rate the manner in which the Customer conducted itself;

11.2.3.          the Delivery Person’s rescueBite Wallet shall automatically record a debit in the amount that the Delivery Person has received from the Customer, which amount is to be paid to us;

11.2.4.          it shall thereafter be incumbent on the Delivery Person to deposit all cash received into its own bank account and transfer same to us using the Software Application;

11.2.5.          the Delivery Person shall not, in the transferring of funds to us as set out above, be entitled to withhold any amount (including the Delivery Fee and Delivery Commission) from us.

11.3.      The only exception to what is set out in clause 11.2.5 above shall be that the Delivery Person shall not be required to transfer to us any gratuity that it may receive from a Customer.  The Delivery Person, in this regard, accepts all responsibilities and liabilities in respect of tax implications that may arise therefrom. 

11.4.      A Delivery Person’s failure to transfer the amount received from a Customer to us shall be construed as theft, and our rights are reserved to terminate the Delivery Services provided by such Delivery Person immediately and take what action may be available in law in respect of such conduct, together with claiming 10% (ten percent) interest per annum on such outstanding amount.

12.             Delivery Fee, Delivery Commission and the payment thereof

12.1.      In the provision of the Delivery Services, the Delivery Person shall, unless agreed otherwise, be earn a Delivery Fee on all Product sales generated through the Software Application and delivered to a Customer by the Delivery Person.

12.2.      We shall make payment to the Delivery Person of all amounts due to them in respect of Delivery Fee, less the Delivery Commission, penalty fees (where applicable), Customer refunds, potential tax and imposts where required in law and all amounts that may be due to us in respect of cash received from Customers each Monday (unless the Monday is a public or religious holiday, in which case the next business day) in respect of the accumulated sales for such Delivery Person calculated from Tuesday to Sunday, into the Delivery Person’s bank account, the details of which having been provided to us when applying to provide the Delivery Services.  The onus of ensuring that bank account details are current and correct shall rest with the Delivery Person and we shall not be liable for, or attempt to reverse any transactions made into an incorrect bank account.

12.3.      Immediate clearance shall not be applied to any payments made, and the Delivery Person understands that its access to funds paid to it by us shall be subject to the funds clearance procedure in place in respect of both our and their banking institution.

12.4.      In holding funds on behalf of, and paying the Delivery Person, we are not assuming the role of a bank, a registered financial institution, or portraying that we are in the business of providing money or financial services. We merely hold these funds in our capacity as an agent on behalf of the Delivery Person.

13.             Replacements, refunds, incorrect orders, returns

13.1.      Incomplete Product delivery: if a Customer receives an incomplete Product and requires a replacement Product or a refund, an investigation shall first be launched with the Delivery Person in order to identify whether the error was on the part of the Store Partner or the Delivery Person.  In the event that the error falls to the Delivery Person then we in consultation with the Delivery Person shall reach a decision as to whether the Customer is to be refunded, in which case the Delivery Person shall be held liable for the amount to be refunded.

13.2.      Damaged Products: if a Customer receives a damaged Product and requires a replacement Product or a refund, an investigation shall first be launched with the Delivery Person in order to identify whether the damaged was caused in transit or while still in the possession of the Store Partner.  In the event that the damage can be attributed to the Delivery Person then we in consultation with the Delivery Person shall reach a decision as to whether the Customer is to be refunded, in which case the Delivery Person shall be held liable for the amount to be refunded.

13.3.      Returns: upon arrival at a Customer’s home the Delivery Person shall contact the Customer telephonically a maximum of 3 (three) times at 5 (five) minute intervals in order that they may collect their Products.  Should the Customer not answer the calls or fail to collect the Products from the Delivery Person the Delivery Person shall then contact us on +27 68 122 6067 via WhatsApp or Telegram or Signal, alternatively email us on support@rescuebite.com, further alternatively send us a message via the Live Chat tool on the Software Application.  The Delivery Person may thereafter leave the Customer’s address, mark the delivery as complete on the Software Application and await further instructions from us as to how to proceed.

14.             Store Partner and Customer Etiquette

14.1.      The Customer and Store Partner are required to treat the Delivery Person with courtesy and respect. 

14.2.      Should they not do so, the Delivery Person may report such behaviour to us at support@rescuebite.com and we will investigate on the Delivery Person’s behalf.

15.             Limitation of liability and indemnity

15.1.      The Software Application shall be used entirely at the Delivery Person’s own risk.

15.2.      The Delivery Person hereby indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with the Delivery Person’s use of or conduct in connection with the Delivery Services or the Software Application, including any breach by the Delivery Person of the Delivery Terms, the Terms or any applicable law or licensing requirements.

15.3.      To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Delivery Terms and the Terms, might apply in relation to the Delivery Person’s use of the Software Application. 

15.4.      To the extent that our liability cannot be excluded by law, its maximum liability, whether in contract, equity, statute or delict (including negligence), to the Delivery Person will be limited to the minimum amount imposed by such law. 

15.5.      Notwithstanding anything to the contrary in the Delivery Terms and the Terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising for any reason whatsoever, whether in delict, contract or otherwise.

15.6.      We shall not be liable for delays, interruptions, service failures or other problems that may be caused as a result of the use of the internet and electronic devices and communications outside of its reasonable control.   

15.7.      Without limiting the generality of the foregoing, we make no warranty that the Software Application will meet the Delivery Person’s  requirements, or that the Delivery Services will be uninterrupted, timely, secure, error free or that defects in respect of the Delivery Services will be corrected, nor that it will be virus free. 

15.8.      The Delivery Person accepts that provision of the Delivery Services and where applicable, the payments to a Delivery Person may be restricted on occasion due to necessary updates and maintenance being carried out on the Software Application. 

15.9.      Except for any express warranties in the Delivery Terms, the Delivery Services are provided on an “as is” basis and used at the Delivery Person’s own risk.

15.10.   We make no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.

16.             Restrictions

16.1.      A Delivery Person may not:

16.1.1.          publish or mirror any of this Software Application’s material in any media whatsoever; 

16.1.2.          use the Software Application for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material; 

16.1.3.          take any action that imposes an unreasonable or disproportionately large load on the Software Application infrastructure, including spam or other unsolicited mass e-mailing or messaging techniques;

16.1.4.          use the Software Application in any manner would result in another Delivery Person breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a Delivery Person may owe to third parties; 

16.1.5.          mislead or deceive others through any act or omission or make a false representation about a Delivery Person’s identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym; 

16.1.6.          conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;

16.1.7.          copy, collect or save information about other Delivery Persons or third party that uses the Software Application; 

16.1.8.          introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Software Application or to other Delivery Person or third party using the Software Application; 

16.1.9.          stalk or harass anyone;

16.1.10.        attempt to disrupt or interfere with the Delivery Services as delivered through the Software Application; 

16.1.11.        use the details of other Delivery Persons, Customers or Store Partners for anything other than the use expressly permitted by those Delivery Persons, Customers or Store Partners; 

16.1.12.        download, access, use, harvest or download in bulk Delivery Persons details; 

16.1.13.        remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Software Application;

16.1.14.        use this Software Application contrary to applicable laws and regulations, or in any way may cause harm to the Software Application or to any person or business entity;

16.1.15.        use this Software Application to engage in any advertising or marketing other than in a manner expressly permitted in respect of the Delivery Services;

16.1.16.        crawl, spider or scrape the content of the Software Application, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Software Application; or

16.1.17.        provide unauthorised interfaces to the Software Application. 

16.2.      The Delivery Person understands and agrees that it is solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to its provision of the Delivery Services. 

16.3.      Certain areas of the Software Application are restricted from being accessed by a Delivery Person, and we may further restrict access by a Delivery Person to any areas of this Software Application at any time, in our absolute discretion.

17.             Confidentiality

17.1.      Confidential information means any documents or information created, received or obtained from us, together with information relating to us as well as non-public information pertaining to our business (including, without limitation pricing information, any related entities, the identity of Store Partners, Customers and any content marked confidential or reasonably construed as being confidential due to its nature) (“Confidential Information”) which must remain strictly confidential.

17.2.      A Delivery Person may not disclose, solicit, make available or misappropriate any Confidential Information, trade secrets or other proprietary information that belongs to any third party without that party’s prior written permission, or in violation of any express or implied duty or contractual right.

17.3.      Where a Delivery Person is legally required to disclose the Confidential Information, it shall inform the third party who disclosed the Confidential Information of the requirement as soon as reasonably practicable and liaise with that party prior to disclosing any of that party’s Confidential Information.

17.4.      The Delivery Person shall notify us immediately upon becoming aware of a suspected or actual breach of this obligation.

17.5.      We will not disclose or make available to any third party, directly or indirectly, any Delivery Person’s Confidential Information, except where we have the Delivery Person’s permission, where the Confidential Information is already in the public domain (through no breach of the Terms), in furtherance of the Delivery Person’s provision of the Delivery Services, to enforce all or any of the Terms or if legally compelled to do so. 

18.             Copyrights

18.1.      The contents of the Software Application belong to us. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Software Application is ours unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.

18.2.      Except as stated herein, none of the contents of the Software Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission or the copyright owner, and further, should such consent be provided, we reserve our rights to withdraw such consent at any stage, in our sole and absolute discretion.

18.3.      The Delivery Person is expressly prohibited to include any hyperlink to any other website or application in any information uploaded to the Software Application by it.

18.4.      We do not permit copyright infringing activities or infringement of intellectual property rights on the Software Application, and may at our sole discretion, remove any infringing content should same infringe on another's intellectual property rights or its own.

18.5.      All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Software Application, where not evidently that of the Store Partner or a third party, are our exclusive property.

19.             Non-exclusivity of Delivery Services

19.1.      It is recorded that we shall utilise the services of more than one Delivery Person, and as such, no single Delivery Person shall have any right or entitlement to any exclusivity to the Delivery Services. 

20.             Breach

20.1.      If either Party commits a breach of these Delivery Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Delivery Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance. 

21.             Mediation and Arbitration

21.1.      A Customer acknowledges that, if any disputes are not resolved directly with a Store Partner, any dispute which arises between the us and a Delivery Person in respect of the Delivery Terms 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.

21.2.      If the dispute cannot be resolved in accordance with the foregoing, the dispute shall be finally resolved in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.

21.3.      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.

21.4.      The arbitration referred to in clause 21.2 shall be held –

21.4.1.          at Gauteng or other venue agreed by the parties in writing;

21.4.2.          in English; and 

21.4.3.          immediately and with a view to its being completed within 21 (twenty‑one) days after it is demanded.

21.5.      The Parties irrevocably agree that the decision in arbitration proceedings:

21.5.1.          shall be final and binding upon them; 

21.5.2.          shall be carried into effect; 

21.5.3.          may be made an order of any court of competent jurisdiction.

22.            Informal dispute resolution process between Delivery Persons, Store Partners and Customers

22.1.     A Delivery Person acknowledges that, if any disputes are not resolved directly with a Store Partner or Customer, the Delivery Person acknowledges that by providing Delivery Services it agrees to engage in an informal dispute resolution process as contained in this clause 22 insofar as a dispute may arise between it and another Delivery Person, Store Partner or Customer in accordance with the terms set forth herein, and in an attempt to resolve any dispute as cost effectively and as speedily as possible.

22.2.    The Party wishing to raise a dispute (“the Complainant”) must communicate this dispute to us through direct email communication in the form of a written complaint (“the Dispute Notice”). The Dispute Notice shall provide a brief description of the nature of the complaint and should include all information necessary to enable us to investigate the complaint.

22.3.     The other party to the shall then be invited to respond to the Dispute Notice with a brief description of his/her/its version of the complaint. We will then assess the merits of the complaint and informally resolve the complaint within 60 (sixty) days from the date of delivery of such Dispute Notice to us.

22.4.      Our decision regarding the resolution of the complaint will be final and binding on both Parties and both Parties agree to abide by same

23.             Notices and domicilium

23.1.      We, and the Delivery Person choose as our respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of the Delivery Terms, the following:

Lucid Billing (Pty) Ltd t/a rescueBite

Forest Hill City

6922 Forest Beech Street

Centurion

0157

support@rescuebite.com.

Delivery Person: The address as provided when registering on the Software Application. 

23.2.      Both we and the Delivery Person may change our domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.

23.3.      All notices to be given in terms of the Delivery Terms will: 

23.3.1.          be given in writing; 

23.3.2.          be delivered or sent by email; and 

23.3.3.          be presumed to have been received on the date of delivery.

23.4.      Notwithstanding the above, any notice actually received by the Party to whom notice is addressed will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause. 

24.             Variation

24.1.      No contract varying, adding to, deleting from or cancelling the Delivery Terms Terms, and no waiver of any right under these Delivery Terms, shall be effective unless reduced to writing and signed by or on behalf of the Parties. Writing shall not be construed as email correspondence signed by means of email signatures.

25.             Survival

25.1.      Clauses which out of necessity or by implication herein survive termination of these Delivery Terms, shall remain in full and effect despite the termination hereof.

26.             Application of the Electronic Communications and Transactions Act 25 of 2002 ("ECT ACT")

26.1.      Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.

26.2.      Data Messages sent by us to a Delivery Person will be deemed to have been received by the Delivery Person, as the case may be, in terms of the provisions specified in section 23(b) of the ECT Act.

26.3.      Delivery Persons acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and them.

27.             General

27.1.      The Delivery Terms, in conjunction with the Terms constitute the entire between the Parties as to the subject matter hereof and no agreements, representations or warranties between the Parties regarding the subject matter hereof other than those set out herein, are binding on the Parties.

27.2.      Our failure to enforce any provision of the Delivery Terms or the Terms shall not constitute a waiver of such provision.  Further, any consent to depart from the Delivery Terms or the Terms shall be ineffective unless it is confirmed in writing and signed by us.

27.3.      Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with Delivery Terms or the Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

27.4.      The rights, powers and remedies provided to us in the Delivery Terms and the Terms are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of the Delivery Terms or the Terms.

27.5.      The Delivery Terms together with the Terms constitute the entire agreement in as far as the provision of the Delivery Services are concerned. The Delivery Person acknowledges and agrees that it has not relied on any representations by us except those contained in the Delivery Terms or the Terms.

27.6.      The laws of the Republic of South Africa shall apply to these Delivery Terms and the Terms.

27.7.      Any claims, legal proceeding or litigation arising in connection with the Delivery Terms and the Terms shall be subject solely to the jurisdiction of the courts of the Republic of South Africa.

27.8.      We may assign or novate any of our rights or obligations under these Delivery Terms or the Terms without a Delivery Person’s consent. A Delivery Person may not assign or novate any of his/her/its rights.

27.9.      If any provision herein is held to be unenforceable, the remaining provisions shall remain in full force and effect.

 

28.             Preparation

28.1.      These Delivery Terms have been custom created for rescueBite by the good folks at Legal Legends www.legallegends.co.za.