User Policy

STANDARD TERMS AND CONDITIONS OF SERVICE (CUSTOMER)

1. INTRODUCTION

1. Mister Transport Terms and Conditions ("Terms") are hereby accepted and agreed to by the “Customer” within the Mister Transport sign-up process and constitutes a legally binding agreement by and between the Customer and Mister Transport (Proprietary) Limited (registration number: 2020/728253/07) ("Mister Transport"). 

1. Upon acceptance of these Terms, the Customer may request access to the Mister Transport App to request delivery bookings from third party Transporters registered on the Mister Transport App. The Customer 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 Customers consent to such changes.  By using the Application, or downloading, installing or using any associated software to enable the service, you hereby expressly acknowledge and agree to be bound by these Terms and Conditions, and any future amendments and additions to these Terms and Conditions. 

1. You acknowledge that Mister Transport facilitates the transport booking service between third party Transporters and Customers but does not intend to provide the actual transportation services or act in any way as a transport provider to you, and takes no responsibility for any transportation provided to you.

1. DEFINITIONS

In these conditions the following words shall bear the meaning assigned to them below:

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 Mister Transport 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. “Account” – this shall mean a unique user created account on the Mister Transport App.

1. “Charges” – fees that are due by Customer for delivery services via the Mister Transport App.

1. “Promotions” – Adhoc discounts and vouchers with expiration dates that benefit the Customer from time to time when using the Mister Transport App.

1. LICENSE TO USE THE APPLICATION AND MISTER TRANSPORT’S

 INTELLECTUAL PROPERTY

1. Mister Transport grants you a non-exclusive, non-transferable license to access and use the Mister Transport App solely for the purpose of a delivery booking service provided by the Mister Transport App. You may not use any intellectual property from any portion of the Application nor modify or reproduce any part thereof. The services available on the Application shall remain the property of Mister Transport.

1. SERVICES

The Services constitute a technology platform that enables users of the Mister Transport App to arrange and schedule transportation of goods with independent third-party Transporters of such services.Unless otherwise agreed by Mister Transport in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.The Mister Transport App allows you to obtain transportation services from a third-party Transporter. If a transporter accepts your request, you will be notified with the details of the service to be provided

1. DELIVERY AND APP SERVICES

1. Mister Transport makes available certain proprietary technology services that facilitate the marketing and fulfilment of the delivery 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 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. OWNERSHIP OF MISTER TRANSPORT APP

The Services and all rights therein are and shall remain Mister Transport’s property or the property of Mister Transport’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

1. in or related to the Services except for the limited license granted above; or

1. to use or reference in any manner Mister Transport’s company names, logos, product and service names, trademarks or services marks or those of Mister Transport’s licensors.

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, authorisation and/or capacity to deliver. Mister Transport and/or The Transporter may restrict and/or refuse 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 of the delivery.

1. YOUR USE OF THE SERVICES

1. In Your User Account.

1. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Mister Transport certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Mister Transport’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Mister Transport in writing, you may only possess one Account.

1. User Requirements

1. The Service is not available for use by persons under the age of 18. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Transporter or any other party.

1. Promotions.

1. Mister Transport may create promotions that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Transporters service, subject to any additional terms that Mister Transport establishes on a per promotion basis. You agree that Promotional Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Mister Transport; (iii) may be disabled by Mister Transport at any time for any reason without liability to Mister Transport; (iv) may only be used pursuant to the specific terms that Mister Transport establishes for such Promotion/s; (v) are not valid for cash; and (vi) may expire prior to your use. Mister Transport reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions by you or any other user in the event that Mister Transport determines or believes that the use or redemption of the Promotion/s was in error, fraudulent, illegal, or in violation of the applicable Promotion/s or these Terms.

1. Network Access and Devices.

1. You are responsible for obtaining the data network access necessary to use the Mister Transport App. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and App and any updates thereto. Mister Transport does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

1. PAYMENT & CANCELLATIONS

1. You understand that use of the Services may result in charges to you for the booking of delivery services from a Third-Party Transporter (“Charges”). After you have received services obtained through your use of the Service, Mister Transport will facilitate your payment of the applicable Charges on behalf of the Third-Party Transporter. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Transporter. Charges paid by you are final and non-refundable, unless otherwise determined by Mister Transport.

1. All Charges are due immediately and payment will be facilitated by Mister Transport using the preferred payment method designated in your Account, after which Mister Transport will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Mister Transport may, as the Third Party Transporter’s limited payment collection agent, use a secondary payment method in your Account, nominated by you.

1. Mister Transport reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Mister Transport’s sole discretion. Further, you acknowledge and agree that Charges applicable during certain operating hours (standard working hours versus after-working hours) may increase substantially during times of high demand. Mister Transport will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Mister Transport may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Third-Party Transporter at any time prior to such Third Party Transporter’s arrival, in which case you may be charged a cancellation fee.

1. Where the order is cancelled before a third party Transporter has been assigned to the delivery, and within 5 minutes of booking, there will be no penalty fee;

2. Where the order has been assigned to a third party Transporter and the order is cancelled before the Transporter has loaded the goods at the collection point of the Goods, including situations where the Transporter has arrived at the collection point of the Goods and has determined in its complete discretion that the ordered vehicle is not capable of carrying the Goods or not appropriate for the transportation of the Goods as prescribed by the Customer, a penalty fee will be charged at 50% of the delivery value, based on the initial quotation, given that 50% of the journey was fulfilled by the Transporter.

3. Where the Transporter has collected the Goods from the collection point and the order is cancelled prior to the delivery of the goods at the Delivery Point, a penalty fee will be charged at 100% of the delivery value, based on the initial quotation.  The Customer will be required to provide the Transporter with an alternative Delivery Point within a radius selected as per the original booking.

1. REFUNDS

1. The process of applicable refunds are as follows:

1. An investigation process, that can take between 5 to 7 working days, will first apply

2. If a refund is applicable, payment of such refund will be between 3 to 5 working days.

3. Your refund may take a certain number of days to reflect, depending on your card issuer's policies.

1. GRATUITIES

1. This payment structure is intended to fully compensate the Third-Party Transporter for the services provided. Mister Transport does not designate any portion of your payment as a tip or gratuity to the Third-Party Transporter. Any representation by Mister Transport (on Mister Transport’s website, in the App, or in Mister Transport’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for transport services is not intended to suggest that Mister Transport provides any additional amounts, beyond those described above, to the Third-Party Transporter. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Transporter who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Transporter.

1. RATINGS

1. The Customer acknowledges and agrees that, after successfully receiving the transport services, a Customer may be prompted by the Mister Transport App to provide a rating of such transport services and, at such Customer’s option, to provide comments or feedback related to the Customer’s experience with the Transporter and the relevant transport services on the Mister Transport App. Mister Transport reserve the right to use, share, and display such ratings on marketing material.

1. USE RESTRICTIONS

1. In connection with the access to and use of the Mister Transport App, the Customer 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. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

3. 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);

4. 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 Customer 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 through the Mister Transport App.

1. PERSONAL DATA AND PRIVACY POLICY

1. All parties shall take steps to ensure that the use, storage and transfer of data is only as required for the purpose of these Terms and conditions, and all parties shall endeavour to comply with the Protection of Personal Information Act No 4 of 2013 (POPI) and to protect such Personal Information against unauthorised or unlawful disclosure, access, use, accidental loss, destruction or damage.

1. Mister Transport shall not be responsible for any loss, destruction, alteration or disclosure of your Data caused by any third party.

1. You warrant that you are entitled to transfer the relevant personal data to the Application, so that Mister Transport can process, use and/or transfer the data in order to facilitate the transportation services.

1. PASSWORDS

1. The Customer 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 Customer represents and warrants that they will not share such information with any third party.

1. DIVERSITY AND INCLUSION

1. The Customer will not, in its use of the Mister Transport App under this Agreement, discriminate against any Transporter, 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 and/or disability. The Customer acknowledges and agrees that upon Mister Transport’s receipt of evidence of Customer’s discrimination under any of these categories, Mister Transport will have the right to immediately terminate this Agreement following notice to the Customer.

1. APPLICABLE LAW

1. The applicable Law regarding this agreement is the Law of the Republic of South Africa. The Customer consents to the jurisdiction of the Magistrates Court and/or Regional Court, for any claim, action or application which the Customer may bring against Mister Transport or the Transporter.