T&C

Please find below the T&C…Parent and passenger

 

TERMS AND CONDITIONS OF USE
LIFTLINK APPLICATION OWNED BY LIFTLINK (PTY) LTD
FOR
THE PARENT
And

THE PASSENGER

TABLE OF CONTENTS
1 PARTIES 3
2 INTRODUCTION AND GENERAL. 3
3 INTERPRERETATION……………………………………………………………………3 – 4
4 PAYMENT AND PROMOTIONS…………………………………………………………….4
5 DUTIES OF PARENT AND PASSENGER…………………………………………………5
6 REQUESTING TRANSPORT AND CANCELLATIONS………………………………….5
7 INDEMNIFICATION……………………………………………………………………………6
8 NON-CIRCUMVENTION………………………………………………………………………6
9 SUSPENSION OF USE……………………………………………………………………….6
10 ACCEPTANCE AND RESERVATION OF USE………………………………………..6 – 7

1 PARTIES
1.1 The Parties to this agreement are:-
1.1.1 Liftlink (Pty) Ltd (“Liftlink”); and
1.1.2 The Parent;and
1.1.3 The Passenger/Scholar (used interchangeably)
1.2 The Parties agree as set out in this agreement, and the Parent/Passenger/Scholar acknowledges by its acceptance of these terms and conditions and usage of the Liftlink Application that it is bound by this agreement.
2 INTRODUCTION AND GENERAL
2.1 Liftlink is the proprietor of the Liftlink Applicationwhich was developed to fulfil an identified need by creating a platform to facilitate the transport of scholars by parents of other scholars in the area, creating a link between transport seekers and parents/guardians/caretakers seeking to make an additional income for themselves by offering their service and vehicle as an independent third party.
2.2 Liftlink in that regard provides the application which facilitates amongst other things the locating of a service and the payment for the service through its built-in payment facilities, at a cost to the users of the application.
2.3 Furthermore, by restricting access to the application by Drivers, Liftlink strives to build a reputation for providing access to quality, safe and affordable transport services.
2.4 The duty to keep all information entered on the application up to date rests on the Parent and Scholar, should the application not function due to outdated information Liftlink can take no responsibility therefore.
3 INTERPRETATION
3.1 In this agreement, unless the context indicates differently, the following words and expressions bear the meanings assigned to them –
3.1.1 “Scholar” means a bona fideattendee of an educational institution as envisaged by the South African Schools Act 84 of 1996;
3.1.2 “Driver” means the user of Liftlink or any of its services, who provides a transport service to scholars through Liftlink, who is also a biological or adoptive Parent, Guardian or Caretaker of a Scholar and who seeks to renders a service in order to earn additional income;
3.1.3 “Parent” means the biological or adoptive Parent, Guardian or Caretaker of a Scholar;
3.1.4 “Effective Date”means the date of registration on the Liftlink Application;
3.1.5 “Parties” means the parties to this agreement;
4. PAYMENT AND PROMOTIONS
4.1 Liftlink functions by charging a facilitation fee for usage of the application per usage, payments are made through a third party application linked to the Liftlink Application by uploading a recognised Credit Card onto the Liftlink Application.
4.2 Should any payment issue arise the third party platform shall be contacted by the Parent in order to resolve the issues, alternatively the Parent’s Banking Institution. Should the issue result in a non-payment by the Parent the Parent shall within 5 (five) business days take steps to make the necessary payments, failing which legal action may be instituted by the Driver and/or Liftlink.
4.3 Liftlink will charge fares as found on the Liftlink Application from time to time, and reserves the right to adjust those fees periodically, in which event notice of same will be provided on the Liftlink Application.
4.4 Liftlink may from time to time at its sole discretion run promotions, in which case Liftlink reserves the right to chose the applicable criteria for the promotion and/or to withdraw the promotion at any time.

5. DUTIES OF PARENT AND PASSENGER
5.1 It is incumbent on the parent and passengers to use the application and related services responsibly and within the bounds of reasonableness at all times.
5.2 Parents are to ensure the Passengers are familiar with basic vehicle safety such as remaining seated at all times, wearing a seatbelt, not exiting from the vehicle while moving and not protruding any limbs outside of the vehicle whether in motion or not.
5.3 Passengers and Parents are at all times to show respect towards the Drivers, other Passengers/Parents as well as their property.
5.4 Passengers/Parents are warned that should they cause damage to another or their belongings they will be held laible for same.
6. REQUESTING TRANSPORT AND CANCELLATIONS
6.1 If you request a transport service and the driver has agreed to provide the service subject to the terms and conditions of the Liftlink Application the Ride is deemed to have commenced.
6.2 The Parent/Scholar understands that the agreement for transport is entered into with the Driver directly and that Liftlink merely provides the accessibility to the service through its application.
6.3 Once the service has been ordered and is cancelled before or during usage, the Parent/Passenger acknowledges that they will not be entitled to claim a refund and that the full fare for the trip will be deemed due and payable.
6.4 In the event that a Driver cancels or does not arrive Liftlink does not take responsibility for such an occurrence, and the Parent/Scholar is advised to give the Driver a negative rating on the application to signal this conduct to others.
6.5 Once the Driver arrives and sends you a notification that he/she has arrivedLiftlink may charge a waiting fee as provided for in the schedule of tariffs in the application.
7 INDEMNIFICATION
I/We, the Parent and Scholar, hereby release, waive and discharge Liftlink, its officers, agents, servants and employees (hereinafter collectively referred to as “Releasees”) from, and covenant not to sue the Releasees or any of them for, any and all liability, claims, demands, actions and causes of action whatsoever arising out of or in relation to any act or omission be it intentional or negligent causing any loss, damage or injury including death, that may be sustained by myself/ourselves, the Scholar and / or Parent or to any property owned by them howsoever caused be it by the Driver, Liftlink ,its officers, agents, servants, clients or employees, third parties,or a combination thereof.
8 NON-CIRCUMVENTION
8.1 The Parent/Scholar agrees not to circumvent, avoid, bypass, or obviate the other, directly or indirectly, to avoid payment of fees, commissions, or any form of compensation in connection with any business resulting from the Liftlink Application; or in any other way doing, or omitting to do, anything which is in any way designed or intended to circumvent, or which has the effect of circumventing, Liftlink’s participation in any transaction or business.
8.2 In the event of a breach of this non-circumvention provision by the Parent/Scholar, Liftlink shall be entitled to seek full legal remedy for the breach including but not limited to compensation for loss of business and profits.
9 SUSPENSION OF USE
The Parent/Scholar agrees that its use of the application is at the discretion ofLiftlink, and that at the discretion of Liftlink its use of and access to the application may be suspended and/or revoked;
10 ACCEPTANCE AND RESERVATION OF USE
10.1 By clicking “I AGREE” and by using the Liflink application and/or related services the Parent/Scholar is deemed to have read, understood and accepted these terms and conditions in their entirety;
10.2 Should you as Parent/Scholar not be in agreement with these terms and conditions the onus is on you to select “I DO NOT AGREE” and consequentially not have access to the Liflink application and/or related services;
10.3 Liftlink reserves the right to admit or allow usage of the Liftlink Application or related services in its discretion, including the right to terminate any existing users should they breach these terms or partake in any conduct whatsoever which may harm Liftlink or its users in any manner whatsoever.

 

Please find below the T&C…Driver

TERMS AND CONDITIONS OF USE
Between

LIFTLINK (PROPRIETARY) LIMITED
And

THE DRIVER

TABLE OF CONTENTS
1 PARTIES
2 INTRODUCTION.
3 INTERPRETATION
4 DURATION
5 WARRANTIES
6 DUTIES OF DRIVER
7 INSURANCE, PDP, ROADWORTHY AND PASSENGER
8 FACILITATION FEES
9 CLAW BACK
10 INDEMNIFICATION……………………………………………………………………………
11 NON-CIRCUMVENTION
12 SUSPENSION AND CANCELLATION
13 NOTICES AND DOMICILIA
14 JURISDICTION
15 WHOLE AGREEMENT
16 SEVERABILITY OF PROVISIONS
17 SIGNATURE

1 PARTIES
1.1 The Parties to this agreement are:-
1.1.1 Liftlink (Pty) Ltd (“Liftlink”); and
1.1.2 The Driver
1.2 The Parties agree as set out in this agreement, and the Driver acknowledges by its acceptance of these terms and conditions and usage of the Liftlink Application that it is bound by this agreement.
2 INTRODUCTION.
2.1 Liftlink is the proprietor of the Liftlink Applicationwhich was developed to fulfil an identified need by creating a platform to facilitate the transport of scholars by parents of scholars in the area, creating a link between transport seekers and parents/guardians/caretakers seeking to make an additional income for themselves by offering their service and vehicle as an independent third party.
2.2 Liftlink in that regard provides the application which facilitates amongst other things the locating of a service and the payment for the service through its built-in payment facilities, at a cost to the users of the application.
2.3 Furthermore, by restricting access to the application by Driver’s, Liftlink strives to build a reputation for providing access to quality, safe and affordable transport services.
3 INTERPRETATION
3.1 In this agreement, unless the context indicates differently, the following words and expressions bear the meanings assigned to them –
3.1.1 “Scholar” means a bona fideattendee of an educational institution as envisaged by the South African Schools Act 84 of 1996 ;
3.1.2 “Confidential Information” means all communications, whether written, pictorial, oral or audio, and all other material relating to the Liftlink Application, commercial and technical information, trade secrets, agreements (whether in writing or not, or in electronic format), or which can be obtained by examination, testing, visual inspection or analysis, including, without limitation, business or financial data, know-how, formulae, processes, designs, sketches, plans, drawings, specifications, sample reports, models, studies, findings, software, inventions or ideas, analyses, concepts, compilations, studies and other material prepared by or in possession of or under the control of any Party, as well as that which contain or otherwise reflect or are generated from any such information as is specified in this definition to which the user becomes/may become exposed;
3.1.3 “Driver” means the user of Liftlink or any of its services, who provides a transport service to learners through Liftlink, who is also a biological or adoptive Parent, Guardian or Caretaker of a Scholar and who seeks to renders a service in order to earn additional income;
3.1.4 “Parent” means the biological or adoptive Parent, Guardian or Caretaker of a Scholar;
3.1.5 “Effective Date”means the date of launch of which the Driver is notified by Liftlink;
3.1.6 “Parties” means the parties to this agreement;
3.1.7 “Signature Date” means the date of signature of this agreement by the last Party signing;
3.2 Any reference in this agreement to:-
3.2.1 “business hours” shall be construed as being the hours between 08h00 and 16h00 on any business day. Any reference to time shall be based upon South African Standard Time;
3.2.2 “days” shall be construed as calendar days unless qualified by the word “business”, in which instance a “business day” will be any day other than a Saturday, Sunday or public holiday as gazetted by the government of South Africa from time to time;
3.2.3 “law” means any law of general application and includes the constitution, common law, legislation, regulation and by-laws of the Republic of South Africa;
3.3 The words “include” and “including” mean “include without limitation” and “including without limitation”. The use of the words “include” and “including” followed by a specific example or examples shall not be construed as limiting the meaning of the general wording preceding it.
3.4 Words and expressions defined in any clause shall, unless the application of any such word or expression is specifically limited to that clause, bear the meaning assigned to such word or expression throughout this agreement.
3.5 Unless otherwise provided, defined terms appearing in this agreement in title case shall be given their meaning as defined, while the same terms appearing in lower case shall be interpreted in accordance with their plain English meaning.
3.6 A reference to any statutory enactment shall be construed as a reference to that enactment as at the Signature Date and as amended or substituted from time to time.
3.7 Unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.
3.8 The rule of construction that this agreement shall be interpreted against the Party responsible for the drafting of this agreement, shall not apply.
3.9 No provision of this agreement shall, unless otherwise agreed in writing, constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a Party to this agreement.
4 DURATION
Notwithstanding the Signature Date this agreement shall commence on the Effective Date and shall remain in force until –
4.1 the Agreement ends for any reason whatsoever;or
4.2 there is a breach of this agreement and the agreement is cancelled in terms of the cancellation provisions hereof; or
4.3 The Driver no longer complies with the definition of Driver contained in clause 3.1.3.
5 WARRANTIES
5.1 Each of the Parties hereby warrants to and in favour of the other that –
5.1.1 the execution of this agreement and the performance of its obligations hereunder does not and shall not –
5.1.1.1 contravene any law or regulation to which that Party is subject;or
5.1.1.2 conflict with, or breach any of the provisions of any other agreement, obligation, restriction or undertaking which is binding on it.
5.1.2 the Driver warrants that he shall not misrepresent to any other party, including the Scholar, Parent or any other party, anything relating to the nature, standard and pricing of services or insurances carried by Liftlink;
5.1.3 The Driver further warrants that he shall not act, or purport to act on behalf of Liftlink but shall instead make it clear that he is acting independently.
5.2 Each of the representations and warranties given by the Parties in terms of this clause, shall –
5.2.1 be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in this agreement;
5.2.2 continue and remain in force notwithstanding the completion of any or all the transactions contemplated in this agreement; and
5.2.3 prima facie be deemed to be material and to be a material representation inducing the other Party to enter into this agreement.
6 DUTIES OF DRIVER
6.1 The Driver understands that it is his/her duty to render a quality, safe and reliable service to the Scholars/Parents using the Liftlink Application;
6.2 The Driver understands that all risk in providing the service rests on the Driver, including the risk of any damages claim whatsoever being brought by any party as a result of the service being rendered by the Driver through the Liftlink Application;
6.3 The Driver is under a duty to at all times while using the Liflink Application comply with the laws of the Republic of South Africa;
6.4 The Driver declares that he/she knows and understands that he/she is merely a user of the Lifltlink Application and is not in the employ of Liftlink or any of its representatives/agents. The Driver further declares that it is not his/her intention to be employed by Liftlink. The Driver also acknowledges that no joint venture or partnership exists between Liftlink and the Driver.The Driver may not act as an employee, agent or representative of Liftlink nor bind any contract on behalf of us. If, due to the operation of laws or otherwise, you shall be deemed an employee of Liftlink, you hereby agree to waive any claims against Liftlink that may arise as a result of such implied employment relationship.
7 INSURANCE, PDP, ROADWORTHY AND PASSENGERS
7.1 The Driver shall notify their short term insurance company that they will be using the vehicle on a part time basis transporting kids and earning money.  
7.1.1 The Driver shall provide proof of this insurance annually and within 48 (Fourty Eight) hours of request by Liflink, failing which usage of Liflink may be suspended, this agreement terminated and access to the Application revoked without further notice;
7.2 The vehicle being used by the Driver shall at all times during this agreement be kept in a roadworthy and safe condition by the Driver:
7.2.1 The Driver shall provide proof of this roadworthiness and current licensing upon renewal thereof and within 48 (Fourty Eight) hours of request by Liflink, failing which usage of Liflink may be suspended, this agreement terminated and access to the Application revoked without further notice
7.3 The Driver shall at all times during this agreement have a valid Professional Driving Permit (PDP) as required by law:
7.3.1 The Driver shall provide proof of this PDP upon renewal thereof and within 48 (Fourty Eight) hours of request by Liflink, failing which usage of Liflink may be suspended, this agreement terminated and access to the Application revoked without further notice. Should the Driver at any point act in contravention herewith the Driver understands that it may result in criminal charges against the Driver.
7.4 The Driver shall at no point have more than (Three) passengers in his/her vehicle, including any other person/s that may be in the vehicle at the time of usage.
8 FACILITATION FEES
Lifllink shall be compensatedin accordance with Schedule 1 (One)as provided by Liftlink in respect ofthe usage of the Liftlink Application, which compensation shall be calculated and deducted by Liftlink prior to the payout of any funds. The rates specified in Schedule 1 (one) may be varied by Liflink from time to time by giving no less than 30 (thirty) days notice.
9 CLAW BACK
The parties agree that, in the event that the Scholar or Parent declares a dispute with Liftlink, and such dispute realises in a repayment of moneys already paid by the Scholar or Parent, for whatsoever reason, then, and in such an event Liftlink shall be entitled to “claw back”, or claim the percentage of such reduction or repayment which it has paid/is due to pay the Driver, alternatively shall be entitled to set off such amount against any future payments which is to be made to the Driver.
10 INDEMNIFICATION
I hereby release, waive and discharge Liftlink, its officers, agents, servants and employees (hereinafter collectively referred to as “Releasees”) from, and covenant not to sue the Releasees or any of them for, any and all liability, claims, demands, actions and causes of action whatsoever arising out of or in relation to any act or omission be it intentional or negligent causing any loss, damage or injury including death, that may be sustained by myself, the Scholar and / or Parent or to any property owned by them howsoever caused be it by myself, Liftlink ,its officers, agents, servants, clients or employees, or a combination thereof.
11 NON-CIRCUMVENTION
11.1 The Driver agrees and acknowledges that the business opportunities and services disclosed and made available to it by Liftlink in terms hereof would not have become been otherwise made available to it had it not been for the fact that the Parties entered into this Agreement.
11.2 The Driver accordingly hereby agrees that it will not outwit, circumvent or evade the Liftlink in any manner whatsoever, either directly or indirectly, regarding any dealings, transactions or negotiations with any of its users other than in accordance with terms of this Agreement, nor will it encourage any of such parties to cease doing business with Liftlink and/or commit any act which results in any of the said parties ceasing to do business with Liftlink.
11.3 The Driver agrees not to circumvent, avoid, bypass, or obviate the other, directly or indirectly, to avoid payment of fees, commissions, or any form of compensation in connection with any business resulting from the Liftlink Application; or in any other way doing, or omitting to do, anything which is in any way designed or intended to circumvent, or which has the effect of circumventing, Liftlink’s participation in any transaction or business.
11.4 In the event of a breach of this non-circumvention provision by the Driver, Liftlink shall be entitled to seek full legal remedy for the breach including but not limited to compensation for loss of business and profits.
12. SUSPENSION OF USE AND CANCELLATION OF AGREEMENT
12.1 The Driver agrees that its use of the application is at the discretion of liftlink, and that at the discretion of liftlink its use of and access to the application may be suspended and/or revoked;
12.2 Further and in addition to 13.1 above, should the Driver be in breach of any term of this agreement its use may be suspended and the Driver may be afforded a period of 20 (twenty) days to remedy the breach, failing which the agreement will be deemed cancelled;
12.3 Should Liftlink deem the breach severe Liftlink reserves the right to terminate the agreement immediately.
13 NOTICES, DOMICILIIUM AND BANKING DETAILS
13.1 The Parties select as their respective domicilium citandi et executandi the addresses and details set out in the information section, provided that a Party may change its domicilium, its address for the purposes of notices or its banking details by updating it on the Liftlink Application and giving notice to the other Parties to that effect. Such change of address will be effective 5 (five) business days after receipt of the notice of the change.
13.2 All notices to be given in terms of this agreement will be given in writing, in English, and will –
13.2.1 be delivered by hand or sent by email;
13.2.2 if delivered by hand during business hours, be presumed to have been received on the date of delivery. Any notice delivered after business hours or on a day which is not a business day will be presumed to have been received on the following business day; and
13.2.3 if sent by email during business hours, be presumed to have been received on the date of successful submission of the email. Any email sent after business hours or on a day which is not a business day will be presumed to have been received on the following business day.
13.3 Notwithstanding the above, any notice given in writing in English, and actually received by the Party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
14 JURISDICTION
This agreement will be deemed to have been concluded in the Republic of South Africa and the laws of the Republic will therefore apply hereto.
15 WHOLE AGREEMENT AND VARIATION
15.1 This agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition relating to the subject matter of this agreement not incorporated in this agreement shall be binding on either of the Parties.
15.2 This agreementsupersedes and replaces any and all agreements between the Parties (and other persons, as may be applicable) and undertakings given to or on behalf of the Parties (and other persons, as may be applicable) in relation to the subject matter hereof.
15.3 No variation, addition, deletion, or agreed cancellation of all or any clauses or provisions of this agreement will be of any force or effect unless in writing and signed by both of the Parties.
16 SEVERABILITY OF PROVISIONS
All provisions and the various clauses of this agreement areseverable from each other. Any provision or clause of this agreement which is or becomes unenforceable in any jurisdiction, whether due to mutual cancellation of a clause, illegality, unlawfulness, voidness, invalidityor for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this agreement shall remain of full force and effect. The Parties declare that it is their intention that this agreement would be executed without such unenforceable provision if they were aware thereof at the time of execution hereof.
17. ACCEPTANCE AND RESERVATION OF USE
17.1 By clicking “I AGREE” and by using the Liflink application and/or related services the Driver is deemed to have accepted these terms and conditions in their entirety;
17.2 Should you as driver not be in agreement with these terms and conditions the onus is on you to select “I DO NOT AGREE” and consequentially not have access to the Liflink application and/or related services;
17.3 Liftlink reserves the right to admit or allow usage of the Liftlink Application or related services in its discretion, including the right to terminate any existing users should they breach these terms or partake in any conduct whatsoever which may harm Liftlink or its users in any manner whatsoever.