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driver policy

Driver Policy

MISTER TRANSPORT TERMS AND CONDITIONS – (“TRANSPORTER”)

 

  1. INTRODUCTION

 

  1. Mister Transport Terms and Conditions ("Terms") are hereby accepted and agreed to by the “Transporter” within the Mister Transport sign-up process, and constitutes a legally binding agreement by and between the Transporter and Mister Transport (Pty) Ltd.

 

  1. Upon acceptance of these Terms, the Transporter may request access to the Mister Transport App to receive and accept transportation bookings from customers. Transporter’s access to and use of the Mister Transport App are subject to the accompanying Services Agreement and may be modified or updated by Mister Transport from time to time. The Transporter is responsible for updating contact information and regularly reviewing the Terms and any applicable Product for updates and information from Mister Transport. Continued use of the Mister Transport App after any such modifications or updates shall constitute the Transporters consent to such changes.

 

  1. DEFINITIONS

 

  1. "Mister Transport/ Mister Transport App" – A propriety technology driven software platform (mobile application) that connects customers to delivery services carried out by independent third-party transporters.

 

  1.  “Transporter/s/” – third party contractors independently fulfilling delivery services via the Mister Transport App, whom are not employees of Mister Transport.  

 

  1. “Driver” - a Transporter or an affiliate/employee of the registered Transporter.

 

  1. “Delivery Services” – a service that can be requested during working hours and/or after hours via the Mister Transport App through instant bookings and/or scheduled bookings.

 

  1. “Customers” – end users that book transport services via the app for the purpose of delivery requirements.

 

  1. “Goods For Delivery (“Goods”) - this shall include “new” products purchased from retailers and/or “used” products that require to be transported for a customer, which are legal, non-hazardous, and not considered dangerous, harmful and/or toxic.

 

  1. SERVICES

 

  1. Delivery and App Services

 

  1. Mister Transport makes available certain proprietary technology services that facilitate the marketing and fulfilment of goods booked by customers.

 

  1. “Goods For Delivery” are defined as items deemed legal that are typically sold by retailers to customers and/or items that require transportation by customers from Point A to Point B.  Mister Transport shall retain sole discretion whether goods for delivery constitutes non-delivery goods.

 

  1. Mister Transport App Technology

 

  1. Mister Transport makes available to Transporters a website, mobile application and associated technology interfaces for the Transporter to access and use (collectively, the “Mister Transport App”) for the purpose of receiving bookings for delivery of goods.

 

  1. Mister Transport makes available to Customers its proprietary technology that enables Customers to book deliveries and request delivery services of Goods by the Transporter, who retrieves such goods from retailers and/or customers and delivers such goods to Customers and/or their nominated representatives. Transporters are independent contractors, and as such, they reserve the right to refuse any booking requests at their sole discretion.

 

  1. “MISTER TRANSPORT” PRIMARY RESPONSIBILITIES

 

  1. App Services

 

  1. Subject to the terms and conditions of this Agreement, Mister Transport will make available the applicable Mister Transport App to the Transporter, solely for use by the Transporter at locations operated by Mister Transport. 

 

  1. Mister Transport on behalf of Transporters, may respond to complaints by customers about deliveries via the Mister Transport App.

 

  1. Mister Transport may access and use Transporters accounts on the Mister Transport App solely for the use of customer and legislative services support.

 

  1. For the avoidance of doubt, as between the Transporter and Mister Transport, Mister Transport will retain sole and absolute control over the Mister Transport App (and all elements of the user experience and user interface relating to the Mister Transport App), including, and not limited to:

 

  1. the personalization of the Mister Transport App for Customers;

  2. the prioritization and display of options available to Customers;

  3. the booking fees charged to Customers for the delivery services provided by Transporters; and

  4. adding, removing, or otherwise modifying any feature or functionality made available through the Mister Transport App to optimize reliability or efficiency on the Mister Transport App.

 

  1. To include advertising messages regarding the Mister Transport App service in all marketing and promotional material.

 

  1. Include Mister Transport delivery services as a core offering on the Mister Transport website.

 

  1. Provide the Transporter with access to a ring-fenced geolocation service area, where available, as preferred and nominated by the Transporter.

 

  1. Provide reasonable access to the Transporter and its affiliates for purposes of training and promotions.

 

  1. Inclusive of the sign-up fees, Mister Transport will supply artwork and branding application for Transporter nominated vehicle/s.

 

  1. Process & release payments to Transporter timeously and expeditiously in line with the Transporter nominated payment dates.

 

  1. Proactively notify Transporters of all hardware and software minimum requirements associated with the use and functionality of the Mister Transport App.

 

  1. Notify Transporter of updated Terms as and when published on the Mister Transport App.

 

  1. Acknowledgment of Technology Service Provision & Not Transport Services

 

  1. The Transporter agrees that Mister Transport provides technology services that both:

 

  1. enable the Transporter to connect with Customers who may request delivery of goods.

  2. enable Transporter to seek, receive and fulfil on-demand/instant and/or scheduled requests for delivery services by or on behalf of Customers seeking delivery services. Transporters perform their delivery service/s for (and are paid by) the Customer via Mister Transport.

 

  1. “TRANSPORTER” PRIMARY RESPONSIBILITIES

 

  1. Responsibility

 

  1. The Transporter will ensure reasonable availability time within designated delivery areas to fulfil delivery bookings and will ensure that delivery times are adhered to as set out by Mister Transport.

 

  1. The Transporter agrees that Mister Transport is not liable for any delay of deliveries and that any costs related thereto are at the expense of the Transporter. 

 

  1. The Transporter will ensure that deliveries are fulfilled in a legal and professional manner and do not jeopardize the reputation of Mister Transport.

 

  1. The Transporter will need to comply with all South African legislative requirements, per below but are not limited to:

 

  1. NRTA 93/96and Regulations in the definition (National Road Traffic Act)

  2. LRA and OSH - (Labour Relations Act 1995 and Occupational Health and Safety Act)

  3. Must be registered with the Department of Labour for UIF for all their employees.

  4. Must have a valid Letter of Good Standing for Workman’s Compensation.

  5. Must have valid Company Registration Documents.

  6. All Drivers must have a valid South African Driver’s License and PDP.

  7. All staff must undergo criminal checks before being employed.

  8. Valid Vehicle Licenses, per vehicle within the vehicle fleet

  9. Sufficient GIT (Goods In Transit) Insurance

  10. Tracking device of truck cab and any trailers per vehicle

  11. VAT Clearance Certificate (current)

  12. B.E.E certificate (current)

 

  1. Mister Transport Rate Cards are Vat Inclusive.  In the event of the Transporter not being VAT Registered or VAT compliant, payments will be made Vat exclusive as required by South African VAT legislation.

 

  1. The Transporter shall provide Mister Transport current and accurate Location information throughout the Terms of this Agreement via the Mister Transport App.

 

  1. Render services from Sunday to Sunday, dayshift and nightshift or as nominated by the Transporter and its affiliates.

 

  1. Ensure all drivers have valid Driver’s Licenses and PDP’s (Public Driving Permits).

 

  1. Criminal checks to be done on all drivers and team operating the vehicles, and no individual with a criminal record may be allowed to operate in the team doing deliveries.

 

  1. Ensure all drivers and assistants wear Mister Transport branded attire, name badges and basic PPE (Personal, Protective Equipment)

 

  1. Ensure all vehicles are regularly serviced and roadworthy at all times.

 

  1. Ensure all vehicle branding remains intact, and to communicate and request vehicle re-branding in the event of wear and tear or damages to vehicle branding, at the cost of the Transporter.

 

  1. To protect the Mister Transport Corporate Image (CI), the Transporter may not undertake any other external deliveries with the Mister Transport Branded vehicle/s and/or attire.

 

  1. Provide all equipment necessary to render the delivery services, e.g., Trolleys, Ropes, Clamps, and Tarpaulins etc, to protect goods when raining.

 

  1. Ensure all vehicles are fitted with tracking devices and have the necessary Goods in Transit (GIT) Insurance.

 

  1. Manage all Customer delivery complaints expeditiously and professionally.

 

  1. Ensure that all goods collected from Retailers for the purpose of customer deliveries are accurately reconciled back to both the delivery note and the invoice. Once goods have been signed for by the Transporter, they take full responsibility of ensuring, that the correct quantities are delivered to the customer as per the invoice and delivery note.

 

  1. The Transporter accepts full responsibility for any shortages, damages or breakages for any goods not so annotated at the time of the goods being loaded onto the vehicle. Mister Transport also reserves the right to off-set costs in respect of shortages, damages or breakages to the Transporter, post investigation.

 

  1. The Transporter to provide their drivers with a compatible Android or Apple smartphone in order to be able to accept bookings and communicate with customers via the Mister Transport App.

 

  1. No cash deliveries are authorised for any reason whatsoever.  All delivery costs MUST only be transacted on the Mister Transport App for the purposes of data gathering and shopper behaviour analysis and comparisons.

 

  1. DEVICES

 

  1. Transporters will ensure that a mobile device is available to use in connection with the availability of bookings via the Mister Transport App, and agrees that:

 

  1. Device(s) are connected at all times when available for bookings.

  2. Device(s) must be updated to accommodate the functionality and most updated versions of the Mister Transport app.

  3. Device(s) must remain active with GPS Location.

 

  1. USE RESTRICTIONS

 

  1. In connection with the access to and use of the Mister Transport App, the Transporter will not (and will not allow any third party to:

 

  1. reverse engineer or attempt to discover any source code or underlying ideas or algorithms used to provide the Mister Transport Services

  2. provide, lease, lend, disclose, or otherwise use or allow others to use, in each case, for the direct benefit of any third party, the Mister Transport App (except as otherwise authorized by Mister Transport);

  3. possess or use, or allow the transfer, transmission, export, or re-export of any software or portion thereof in violation of any export control laws or regulations administered by the South African Commerce Department and any other government agency. The Transporter will not (and will not allow any third party to) use the Mister Transport App and or any other transactional, operational, performance or other data or information that is related to the delivery to Customers through the Mister Transport App to compete with Mister Transport directly or indirectly or the Mister Transport App.

 

  1. GOODS RESTRICTIONS

 

  1. The following restricted goods may not be delivered via the Mister Transport App: people or animals of any size, illegal goods, unauthorised goods, dangerous goods (like weapons, explosives, flammables, etc.), stolen goods, goods containing endangered species, waste removal such as garden, refuse and building rubble or any goods that the Transporter does not have permission or capacity to deliver. Mister Transport may restrict the delivery of goods via the Mister Transport App based on physical attributes of such goods e.g., weight (per Item or in aggregate), height, shape, or appropriateness for delivery).

 

  1. ACTIVATION FEES

 

  1. Unless otherwise agreed to by the Parties, in consideration of Mister Transport’s work to activate the Transporter onto the Mister Transport App, the Transporter agrees to pay Mister Transport a Registration Fee of R5,000 ("Activation Fee"), which will include Mister Transport providing: -

 

  1. Mister Transport App Licence Permit

  2. Onboarding and Training

  3. Vehicle Branding and application

  4. Two (2) sets of branded driver uniforms i.e., T-shirts

  5. Criminal Checks

  6. Application and vetting of supporting documentation.

 

 

  1. ADDITIONAL TRANSPORT INFORMATION

 

  1. Mister Transport may, from time to time, require the Transporter to provide certain additional information pertaining to particular Items or particular delivery of goods for the proper determination, calculation, collection, and remittance of Sales Taxes, or to comply with other applicable South African laws or regulations. The Transporter is solely responsible for providing requested Additional Information to Mister Transport in a timely manner. If the Transporter fails to timely provide Additional Information in response to any notifications and requests by Mister Transport, Mister Transport expressly reserves the right to temporarily deactivate the Transporter’s services until such Additional Information is received.

 

  1. MARKETING

 

  1. Mister Transport may showcase the availability of the Transporter’s Services via the Mister Transport App through various promotional activities (e.g., through social media channels, websites, advertisements, or blogs). Mister Transport (or a party designated by Mister Transport acting on Mister Transport’s behalf) may take video and still images for marketing and other efforts related to the Mister Transport App. The Transporter agrees that Photographs (including all intellectual property rights therein) are and will remain the sole and exclusive property of Mister Transport. Additionally, the Transporter may provide videos, still image or other materials to Mister Transport for use in connection with the display of Transporter’s Services on the Mister Transport App or the marketing and promotion of Mister Transport App and the availability of your services via the Mister Transport App. The Transporter hereby grants Mister Transport a non-exclusive, perpetual, fully paid-up and royalty free license to use and display such Marketing Materials in connection with Transporter’s Services and other promotional activities relating to the Mister Transport Services. Without limiting anything in the Agreement, the Transporter represents and warrants that the Marketing Materials do not infringe, misappropriate, or otherwise violate any third party’s intellectual property or other proprietary rights. To the extent that the Marketing Materials contain any third-party materials, The Transporter is solely responsible for and will secure any and all rights, licenses, consents and permissions necessary for Mister Transport to be able to use the Marketing Materials in accordance with this Section. The Transporter agrees that Mister Transport may remove Marketing Materials from the Mister Transport App if Mister Transport receives notices or otherwise reasonably believe that such Marketing Materials may infringe, misappropriate, or otherwise violate any intellectual property or other proprietary rights.

 

  1. PROPRIETARY INFORMATION; PERSONAL DATA; FEEDBACK

 

  1. Privacy

 

  1. The Transporter agrees to use, disclose, store, retain or otherwise process Personal Data solely for the purpose of providing Items under this Agreement. The Transporter will maintain the accuracy and integrity of any Personal Data provided by Mister Transport and in Transporter’s possession, custody or control. The Transporter agrees to retain Personal Data provided to the Transporter by Mister Transport solely by using the software and tools provided by Mister Transport. “Personal Data” means any information obtained in connection with this Agreement (i) relating to an identified or identifiable natural person; (ii) that can reasonably be used to identify or authenticate an individual, including name, contact information, precise location information, persistent identifiers, and (iii) any information that may otherwise be considered “personal data” or “personal information” under the applicable law.

 

  1. Passwords

 

  1. The Transporter is responsible for maintaining the integrity of information related to their access and use of the Mister Transport App, including any password, login, or key information. The Transporter represents and warrants that they will not share such information with any third party.

 

  1. Data Re-Identification Restriction

 

  1. Without limiting any other provision of this Agreement, including any provision in this Section, the Transporter will not merge any of the data collected or otherwise obtained in connection with this Agreement, including any Personal Data, with other data collected from any source or otherwise use any of the data collected or otherwise obtained in connection with this Agreement, including any Personal Data, for the purpose of re-identification, targeted marketing, or any other similar purpose

 

  1. RATINGS

 

  1. The Transporter acknowledges and agrees that, after receiving booking(s), a Customer may be prompted by the Mister Transport App to provide a rating of such Item(s) and, at such Customer’s option, to provide comments or feedback related to the Customer’s experience with the Transporter and the relevant delivery(s) on the Mister Transport App. Mister Transport reserve the right to use, share, and display Customer Feedback in any manner in connection with the business of Mister Transport and its affiliates without attribution to or approval of the Transporter. The Transporter acknowledges that Mister Transport and its affiliates are distributors (without any obligation to verify) and not publishers of Customer Feedback, provided that Mister Transport and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other Personal Data, violate any privacy or other applicable laws, or Mister Transport or its affiliates’ content policies.

 

 

 

  1. DIVERSITY AND INCLUSION

 

  1. The Transporter will not, in its use of the Mister Transport App under this Agreement, discriminate against any customer, employee, contractor or other person or individual on the basis of race, colour, gender, pregnancy, marital status, familial status, sexual orientation, gender identity or expression, religion, ancestry, national origin, disability, or age except that programs may target beneficial services for specific participant groups, as agreed upon between Mister Transport and the Transporter. The Transporter acknowledges and agrees that upon Mister Transport’s receipt of evidence of Transporter’s discrimination under any of these categories, Mister Transport will have the right to immediately terminate this Agreement following notice to the Transporter.

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