Terms and Conditions For

Loadit

Customers

It is important to read these terms and conditions. Loadit facilitates a service between a customer and a driver, to transport your items by way of its Loadit mobile web or the Loadit website (collectively referred to as “the Loadit app”). By using the Loadit app, you confirm that you are over the age of 18 (eighteen) and that you have read and accepted these Terms and Conditions. If you do not agree to these Terms and Conditions or any amendment or addition thereto do not continue using the Application or Loadit’s service. Using this service constitutes an agreement between you and Loadit App (Proprietary) Limited (registration number: 2017/250505/07) ("Loadit"). By using the Loadit app, 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.

Loadit facilitates the transportation service between drivers and you but Loadit does not intend to provide the actual transportation services or act in any way as a transport provider to you, and takes no responsibility or liability for any transportation provided to you. You acknowledge that Loadit does not guarantee the services of the driver which is a third party provider, does not employ such driver and shall take no part arising from your relationship, contractual or otherwise with the driver.

1. License to use the Loadit app and Loadit’s Intellectual property

   Loadit grants you a non-exclusive non-transferable license to access and use the Loadit app solely for the purpose of using the Services provided by the Loadit app and Loadit. You may not use any intellectual property from any portion of the Loadit app nor modify or reproduce any part thereof. The services available on the Loadit app shall remain the property of Loadit.

2. Services

   The Loadit app allows you to obtain transportation services from a driver. If a driver accepts your request, you will be notified with the details of the service to be provided. The transportation services are only permitted for the moving of items, and shall not include, nor permit them to include you personally. Should you request the driver to allow you to travel with him, you shall do so completely at your own risk.

   Use of the Loadit app shall not form part of any transaction between you and the Driver, and you do so at your own risk. For the avoidance of doubt, Loadit itself does not provide transportation services, and is not a transporter.

   Loadit shall ensure to the best of its ability that the drivers adhere to a strict code of Conduct. Notwithstanding this, the driver is an independent third party who may have their own conditions of service.

3. Warranties

   You acknowledge and agree that:

   Loadit only acts as a facilitator between you and a driver. Loadit does not provide transportation services, and shall not be held liable for the actions or inactions of a driver provided through the Loadit app. The contract for the provision of transportation services is between you and the driver. Loadit is not a party to any agreement entered into between you and a driver. All disputes arising from the transportation services shall be between you and the driver.

   You may not assign or otherwise transfer your account or login details to any other person or entity. Should another person or entity use your login details for use of the Loadit app, it shall be assumed that the person or entity is you.

   Loadit does not warrant that the Loadit app will function with any particular hardware, software or device. In addition, the Loadit app may be subject to malfunctions and delays due to Internet connections and electronic communications.

   Loadit will not be responsible for any direct, indirect or consequential loss whatsoever and howsoever caused, arising out of or in connection with the use of the Loadit app or any information available on the Loadit app. Any dispute in this regard shall be resolved amicably and as soon as possible, with the interest of both parties in mind. Should we fail to reach a resolution, the parties will approach an industry expert who shall mediate in this regard. In the event that mediation fails, the matter shall be referred to an Arbitrator elected in accordance with the rules of the Arbitration Foundation of South Africa. Notwithstanding the above, both parties’ consent to the jurisdiction of the High Court of the Republic of South Africa.

   You will not use the Loadit app or the transportation services for any unlawful purpose, and you shall comply with all the laws of the Republic of South Africa when using the Loadit app and acquiring the transportation services.

   Loadit does not provide insurance to you. It shall be your sole responsibility to ensure that your valuable, unusual or any other goods requiring transportation are covered by appropriate insurance. Loadit shall not be held responsible for any loss or damage occasioned to your goods. Any claim arising from damage or loss to your goods must be handled between you and the driver. We shall facilitate as far as possible to assist you with any claims between you and the driver, and request that you email us on help@loadit.africa with details of the loss or damage, and how it was caused. This will allow us to consider any discipline or sanction, including suspension, of the driver from the services.

   Should any dispute arise between you and the driver, both parties shall endeavour to resolve the dispute amicably. As the dispute is between two privately transacting parties, you and the driver may decide on using your own methods to resolve same, in accordance with the Laws of the Republic of South Africa.

   However, completely at our discretion and subject to our terms and conditions and any entitlement offered on our Loadit app, we may compensate you for a loss suffered to your goods. This compensation shall be limited to an amount not exceeding the cost of the Loadit job related to the damage or loss.

   You will refrain from doing anything which would bring disrepute or damage to Loadit's reputation.

   You will defend and indemnify Loadit against any and all claims or legal proceedings brought against Loadit and its affiliates, directors, other users, employees, and agents arising out of or in connection with any unlawful use or misuse of the Loadit app.

   Loadit is not an agent, employee, employer or associate of the driver.

   You will provide accurate information, including banking details, as required for the Loadit app service, failing which Loadit has the right to terminate this Agreement and your use of the Loadit app at any time with or without notice.

   You agree that your use of the Loadit app will be subject to Loadit’s Privacy Policy below, as amended from time to time.

4. Personal data and Privacy Policy

   All parties shall take steps to ensure that the use, storage and transfer of personal 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 (POPIA) and to protect such Personal Information against unauthorised or unlawful disclosure, access, use, accidental loss, destruction or damage.

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

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

   The driver’s location data and personal data, including his name, identification and contact number, are made available to you in order to help improve the service, including pick-up, navigation, live tracking and customer support. You warrant that you will protect and keep confidential all Personal Information that you receive from Loadit and/or the driver, against unauthorised use or unlawful disclosure.

5. Charges and Payment

   It is free to download and have access to the Loadit app.

   The estimated charges for the transportation services are available on the Loadit app. The charges may be amended at Loadit’s sole discretion from time to time and without prior notice.

   Once you have provided details for the transportation required, an estimated charge will be generated by the Loadit app. Once you accept the service, you will receive details of your driver. The charge to you shall include Loadit’s commission.

   The driver reserves the right to revise the charges for the transportation services in his sole discretion once he arrives at the pick-up point. Loadit will use reasonable efforts to inform you of charges that may apply. You will have the right to reject the updated charges, and you may be charged a cancellation fee of no more than 15% of the estimated charge.

   The final amount charged to you is intended to fully compensate the driver, including gratuities, for the transportation services provided.

   Charges paid by you are final and non-refundable, unless otherwise determined by Loadit.

   In the event that you elect cash as your preferred method of payment, you agree to make payment in full directly to the driver facilitated by the Loadit app. All transportation charges are to be paid in full before any transportation services are undertaken, or as agreed between the driver and you.

   In the event that you elect electronic payment as your preferred method of payment through the Loadit app, you agree for Loadit to debit your account immediately and for the final charges through the Loadit app. All transportation charges are to be paid in full before any transportation services are undertaken.

   Your goods to be transported will be considered to be in the driver’s custody and control from the time of receipt of the goods until the time the goods are delivered. Any claims in this regard will be directly between you and the driver.

6. Disclaimer

   The Loadit app is provided to you on an “as is” basis. Loadit does not guarantee that the Loadit app is free from errors, defects, malware and viruses or that the Loadit app is at all times correct, up to date and accurate.

   The drivers registered with the Loadit app may be tracked through the Loadit app. The location tracking feature may not be error-free nor may it be accurate. Your use will be solely at your own risk and is solely for your convenience.

7. Governing law and jurisdiction

   These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. By registering on the Loadit app or using any services offered on the Loadit app, you are deemed to have accepted and agreed to these terms and conditions.

8. Miscellaneous

   Loadit may, at its sole discretion and at any time elect to modify these terms and conditions or suspend or discontinue any of the services offered on the Loadit app, or suspend or discontinue the Loadit app.

   You may not assign or transfer any of your rights or obligations under these terms and conditions to any person without our prior written approval. Loadit may assign and transfer any of its rights and obligations to any person.

   If any provision of the Terms and Conditions is held to be unenforceable, such provision shall be null and void and the remaining provisions shall remain in full force and effect.

   The failure by Loadit to enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right.