TERMS AND CONDITIONS FOR TRANSPORTERS

Thank you for signing up to be a Gobuddy transporter! Before you get started, please read these terms and conditions carefully, as they form a valid and binding service level agreement between you and Gobuddy Network (Pty) Ltd (“Gobuddy”, “we”, “us”) relating to any transporter services that you choose to perform while using our website or mobile application (“our Platform”).

All of the provisions of this Agreement are important, but please pay special attention to the parts that are in bold writing. These parts contain information about provisions that have special consequences for you.

Please note that, if you intend performing deliveries, you need to sign up as a transporter and accept the terms and conditions for transporters.

How you consent to these terms

When you sign up to be a transporter on our Platform please be aware that you have agreed to the terms. Please read these terms carefully – if you don’t agree to them, please stop using our site or mobile application as a transporter immediately.

Changes to the terms

We may, at any time and at our discretion, vary this Agreement by publishing the varied terms on our Platform. We recommend that you check our website or mobile application regularly to ensure you are aware of our current terms. Materials and information on the Platform are subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any content is inaccurate or out-of-date.

Nature of the Agreement

Gobuddy provides a communications platform for enabling the connection between individuals and companies seeking to send items to a specified location with individuals who happen to be travelling to that location and who are willing to deliver the items.

We are not a courier company and do not provide a courier, messenger or delivery service. We do not employ people to collect and deliver items on users’ behalf. It is up to users to register on the Platform as being available to make deliveries. We are a platform to connect.

Privacy

Privacy is very important to us. We respect your privacy and understand that protecting your personal information is important. Please refer to our Privacy Notice which sets out how we will collect and handle your personal information.

Use of our Platform

As a user of our Platform you are granted non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with this Agreement.

Conduct

We expect users of our Platform to abide by a certain standard of behaviour. Please do not attempt to undertake in any unlawful activity on our Platform, which is prohibited by any laws applicable to our Platform, which we would consider inappropriate or which might bring our site into disrepute. This includes:

(a) breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b) using our Platform as a means to defame, harass, threaten, menace or offend any person;

(d) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;

(e) using our Platform to send unsolicited electronic messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Fees and payments

Fees in respect of deliveries may vary according to various criteria, including, but not limited to, the size, weight and / or volume of the item to be delivered; distance travelled; and time frame of delivery. We reserve the right to amend the fees from time to time without advance notice to you.

You must maintain a valid bank or payment service account registered on our Platform. You must ensure that all contact and payment information (email address, physical addresses, account numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.

Prices include any applicable VAT or other sales tax unless otherwise stated.

Upon booking a delivery, we will reserve the estimated fee on your active cheque / credit card. Once the trip has been completed, the full actual amount due for the trip will be debited from your active cheque / credit card.

You can at any time cancel a trip prior to collection of your item, via the cancellation feature on the mobile application. There is no charge if you do so. Cancellation is not possible after collection and the full fee will be debited from your account.

If there is a no-show and you notify us via our Platform within 24 hours after the scheduled collection time, then we will at your option provide either a full refund of any payment made for that delivery or else use reasonable endeavours to re-arrange the delivery. We reserve the right not to make a refund or re-arrange a delivery if we are not notified within that 24 hour period.

If any amount that is due and payable is not paid, we may:

Charge reasonable additional administration costs; and/or
Charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the National Credit Act 34 of 2005, and/or
Cancel your booked delivery; and/or
Cancel this agreement on written notice (including email).

Cooperation

The effective functioning of our Platform requires your cooperation. Specifically, you agree that you will:

Provide us with accurate information relating to all required fields on the mobile application in respect of deliveries, for example your mode of transport and your daily delivery routes you travel (which is relevant to the carbon emissions saved);

Keep your mobile device on for the duration of a trip, if you are making a delivery;

Not accept to fulfil a trip if you know, or reasonably ought to know, that you will be unable to fulfil that commitment within the given timeframes, or will be unable from a logistical point of view to do so (for example, undertaking to deliver an extra-sized item using a bicycle);

Participate in surveys conducted by us, or by third parties, relating to any potential or registered carbon offset project in respect of our Platform (this allows carbon emissions reductions generated through our Platform to be independently verified);

Take personal responsibility for the packaging, wrapping and protection of your items, unless packaging has been included in your trip;

Select the appropriate level of insurance cover from the options provided in the mobile application, or take out additional cover, in line with the value of your item;

Take sole responsibility for the condition of your items and, in this regard, you acknowledge and agree that we are not in any way liable to you in respect thereof;

Select the most accurate option in each field when sending your goods. Category, weight, size and description. It is not mandatory to take a photo or upload a picture however we prompt you to do so for accuracy. We operate on an honestly policy, please respect this practice.

For Non-delivery of goods by a transporter, the transporter will have to comply with certain protocol to avoid being permanently removed from Gobuddy.

The platform is most effective when used for is designed purpose ‘to save a trip’. We have designed the platform to fit the day to day movement of people. Utilizing an already planned journey to also transport goods. This income opportunity may not be as effective if the transporter uses the platform as a speculative venture. We want to reduce traffic congestion and not increase it.

Content

Please note that our Content is not comprehensive and is for general information purposes only. Our Content does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of our Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) to all of our Content in our Platform and on the mobile application. Your use of our Platform or mobile application and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform, mobile application or our Content. You must not:

copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Platform or our Content, including (without limitation) altering or modifying any of our Content, causing any of our Content to be framed or embedded in another website or platform, or creating derivative works from our Content.

Content you upload

We encourage you to interact with our Platform! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Platform. This includes when you upload images or details of services you requested and experienced through our mobile application, such as images of goods you would like delivered. This also includes any reviews you may post about an experience you have had whilst using our mobile application. If you make any User Content available on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Platform.

In doing so, you also acknowledge that you understand that such content may be accessible by third parties and may be processed on third party platforms, outside of our control. We will not be liable to you for the processing of any such content by such third parties, should you choose to share such content.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Third party sites

Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

Network Delays

While we do our best to keep the Platform up and running continuously, service and software may be subject to limitations, delays, and other problems inherent in the use of the Internet, telecommunications networks and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems.

What happens if we discontinue our Platform

We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Platform or our Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

(c) that the means you use to communicate with our Platform, including your personal or work devices and internet or cellular connection, will be secure.

You read, use and act on our Platform and our Content at your own risk.

Our liability is limited

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Platform and/or our Content and/or any inaccessibility of, interruption to or outage of our Platform and/or any loss or corruption of data and/or the fact that our Content is incorrect, incomplete or out-of-date.

We do not guarantee or warrant, or make any representations regarding, the reliability, quality or suitability of any delivery provider listed on our Platform. When interacting with delivery providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. By using the our Platform, you agree to hold us free from the responsibility for any liability or damage that might arise out of the transaction involved. Neither Gobuddy nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of the Platform.

Indemnity

To the maximum extent permitted by law, you hereby indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Terminating this Agreement

This Agreement is effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you in terms of this Agreement and limitations of liability set out herein will survive.

Dealing with a problem

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, this Agreement (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 (Seven) days after receiving the notice, the parties must,, meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such meeting, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 (Twenty-One) days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. You hereby agree that any such litigation may be instituted in the Magistrates Court, notwithstanding the value of any claim relating thereto.

If a part of this Agreement isn’t right

If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision must be interpreted in such a manner as is reasonably necessary to allow it to be valid or enforceable. If it is not possible to do so, that provision (or that part of that provision) is severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

Which laws govern these terms of use

Your use of our Platform and this Agreement are governed by the laws of the Republic of South Africa. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Africa and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Platform and mobile application may be accessed throughout the world. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside South Africa. If you access our Platform from outside South Africa, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

Notices

Any notices that we may need to send to you in terms of this Agreement may be sent via email to your chosen email and / or physical address as registered on the Platform from time to time. It is your responsibility to ensure that this contact information is correct and up to date. You nominate your email address and / or physical address as the address where legal notices may be served on you and you hereby agree to accept email service of any legal process, to the extent allowed in terms of the applicable court rules.

Legal notices served on us in terms of this Agreement must be served at our physical address at:

Candlewood farm, Rheenendal, Western Cape, South Africa, 6576.

Notices delivered by email will be deemed to have been received on the date of transmission, unless proven otherwise. Notices served by hand will be deemed to have been received on the date of delivery. Notices served by mail will be deemed to have been received 14 (Fourteen) days after sending.

HOW IT WORKS

The Aim.

The delivery network that aims to change lives every day. Our aim to help reduce world poverty, create global delivery efficiencies, make delivering goods quick, simple and cost effective and finally realistically and verifiably reducing CO2 emissions in the delivery market. Gobuddy Network (PTY)LTD ‘Gobuddy’ is a South African owned and operated company established in 2021. The company was founded on the concept of harnessing the everyday movement of people as a means to transport goods for others. Gobuddy gives anyone the ability to earn an income whilst they move from point A to point B, no matter what your mode of transport is, if you walk you can move goods.

Transporters

Gobuddy transporters are required to pass our on-boarding validation process and are then eligible to receive delivery requests and facilitate deliveries. This process includes but is not limited to, ID verification, email verification and mobile verification.

Download the Gobuddy apps

Scan the QR Code or click on the link to download the app to your device. This allows you to send goods, transport goods and track your deliveries in real time.

Use your computer

The desktop ordering system on this Platform is made for easy ordering when using for business or personal orders.

Sending goods

To send goods simply select send goods in the menu or get started on the landing screen and follow the prompts. It will only take a minute to complete the process. Select an option from the dropdown list provided which most describes your goods, category, weight, dimensions, description, insured amount and for added security take a photo of the goods.

Pick up Information

Fill in the address and contact details where your item needs to be picked up from.

Drop off Information

Fill in the address and contact details where your item needs to be picked up from.

Pricing and Insurance

The sender will be presented with various delivery options this can take a minute or so, waiting for transporters to accept the delivery request. You will then receive a few price options for your intended delivery. The price options are priced according to time of delivery. The quicker the delivery the more expensive. Select and accept a delivery option.

Payment processing

The payment screen will present you with various methods in which you can make the payment for your delivery. Once you have selected the method you wish to pay by and clicked pay, the payment is then processed and the delivery process begins. The payment will only be charged once the transporter has picked up the goods.

Delivery in progress

Once you have made payment for your delivery you will receive a notification to be connected to your transporter. At this point you are already connected with your transporter and you can follow the transporter by GPS. You will have limited contact with your transporter before the pick up, only having the functionality to request from your transporter an estimated time of pick up or to cancel the delivery. Once the transporter has picked up the goods you and your transporter are in direct communication with tracking functionality at the click of a button.

Delivery complete

Once your goods have been delivered, the driver will confirm this on the app which will notify the sender and the receiver.

Rate your transporter

After your goods have been successfully delivered, rate the driver using the Gobuddy rating system which automatically appears once delivery is complete.

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TERMS AND CONDITIONS FOR TRANSPORTERS

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