Driver Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

“You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

“Driver” a person that urges a motor vehicle to move onward

“Motor Vehicle” any vehicle designed or adapted for propulsion or haulage on a road by means of fuel, gas or electricity

“Jurisdiction” power, right, authority to interpret and apply a law matter that falls within the court’s jurisdiction

“The Court” Magistrate Court of South Africa

“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Wayto.     

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

“Account” means a unique account created for You to access our Service or parts of our Service.

“Safety” condition of being protected from or unlikely to cause danger, risk or inquiry

“Service” refers to services rendered.

“Service Provider” means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.   

“Third-party Social Media Service” refers to any website or any social network website through which a User can log in or create an account to use the Service.

“Personal Data” is any information that relates to an identified or identifiable individual

“Force Majeure” unforeseeable circumstance that prevent someone from fulfilling a contract

“Cookies” are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). 

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.

Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

The maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Insurances

Vehicle Insurance

You, as the Driver/Service Provider agree, that you will have the necessary vehicle insurance which covers accidents and thefts.

You agree to provide proof, monthly, by means of an upload onto WAYTO App, of your valid vehicle insurance.

You are responsible for your own excess, payable to Insurance companies, for any accidents that may occur.

Failure to provide proof, monthly, or have your vehicle insured during the use of WAYTO App will result in WAYTO suspending your use of the App.

You agree you are the responsible to ensure your vehicle insurance is up to date at all times.

WAYTO, assumes no responsibility of your vehicle insurance or cover at any point in time.

GIT Insurance

WAYTO, will be the provider, and account holder of GIT Insurance.

As WAYTO will be providing blanket cover, on your behalf, the respective stipulated amounts will be payable by you, a month in advance to cover deliveries & collections performed by you as the Driver/Service Provider.

Motorbikes : R30.00

Bakkies, Panel Vans, Mini Trucks : R200.00

The maximum value of load at any given time will be R100 000.00, it is customers responsibility to ensure the value of any load does not exceed R100 000.00

Motorbikes maximum value of load at any given time shall not exceed R1 500.00

Failure to pay GIT insurance to WAYTO (PTY) LTD bank account, a month in advance, due before the 1^st of each month, will disqualify you from using the WAYTO App as a Service provider.

For the claims that you are responsible for, a payable excess of the below applies:

Excess is payable by you, the Driver/Service Provider. Failure to pay excess for GIT claims in required insurance time frames, will result in You, the Driver/Service Provider indefinitely suspended from using WAYTO App. We will recover the excess from your earnings due to you. Failure to recover from your earnings, will warrant WAYTO in handing you over to our legal counsel.

WAYTO assumes no responsibility to pay GIT Insurance or Excess due by you.

 GIT Insurance payment to be made to WAYTO Instant Couriers(PTY) LTD , with the following Bank Account Details:

WAYTO Instant Couriers(PTY) LTD

Standard Bank

Current Account 

Account Number : 06 278 765 9

Branch Code : 1155

Goods covered:

General Cargo, Electrical / Electronic Goods, Tyres, Furniture,
Household Goods, Laptops, Cell phones, IT Equipment,
Beverages, Books, Stationary, Health Care Items, Gaming,
Beauty Items, Clothes, Fashion Items and Vehicle Spares,
subject to Policy Exclusions

Goods that will not be covered and customer agrees to transport at own risk

Arms, ammunition, bank and treasure notes, bullion, cash,
deeds, designs, explosives, gold and silver articles, jewellery,
plans, precious metals or stones, specie, stamps, tickets and
traveler’s cheques.

Antiques or antiquities of any description, arms, ammunition,
bank and treasury notes, bullion, cash, mobile telephones and
accessories, cobalt and/or copper products in any form, deeds,
designs, documents of any description, electronic appliances,
computers, laptop computers, tablet computers, computer
components, explosives, film, highly flammable substances,
gold or silver articles, used household goods and personal
effects, jewellery, alcoholic beverages, livestock animals and
plants, motor vehicles of any description, plans, precious metals
or stones, pre-paid phone cards, specie, stamps, tickets,
traveller’s cheques, tobacco and tobacco products, tinned
foods/beverages, refrigerated goods and tyres.

Transportation of illegal Goods

You are prohibited from transporting any illegal goods and substances.

On suspicion of illegal packages, you are to report to WAYTO and the South African Police Services,

Failure to report illegal goods, that you have knowledge of, will result in criminal prosecution against you, WAYTO assumes no responsibility of any criminal activity you engage in.

Dangerous Goods

WAYTO and its service providers, will not transport dangerous goods at this stage.

Transportation of Live Stock is prohibited at this stage

Vehicles used for transportation of goods

You agree to use your own motor vehicle for transportation of goods, as requested by customers on the WAYTO Smartphone application.

You are responsible for the good health, maintenance, fuel, warranty and insurances of your vehicle while providing services on behalf of WAYTO.

WAYTO, at no point, assumes responsibility in terms of maintenance, fuel, warranty or insurances of your motor vehicle.

Motor Vehicles will be driven in a professional manner at all times, regulated by the National Road Traffic Regulations Act.

You agree Your vehicle will be Non-Branded, failure to comply will result in disqualification in use of WAYTO App.

You agree, at all times you will use your own Motor vehicle.

Should the vehicle be rented, proof of rental agreement to be provided to WAYTO.

WAYTO assumes no responsibility of a vehicle in your possession, without authorization from its rightful and legal owner.

You agree to use the shortest, most efficient route, to delivery address as guided by online maps.

Abuse off extended routes will be monitored and penalized by means of disqualification of WAYTO App.

It is for your judgement, to ensure your vehicle is suitable to carry the goods requested by customer, 

You will be penalized for accepting goods which you may not be able to transport, due to weights and dimensions.

Helpful Tools

–           For your own safety, you should have a fire extinguisher in your vehicle

–           Fold up trolley/stair trolley to carry boxes.

–          

 Working Hours

Your are allowed to work from 6am – 6.30pm.

WAYTO Assumes no responsibility for work performed after 6.30pm. GIT Insurance will not apply to work accepted after 6.30pm.

Failure to adhere to this will be deemed breach of WAYTO Driver code of conduct, A Penalty will be applied for work accepted after 6.30pm

Billing and payments & Pricing

WAYTO provides marketing on your behalf, allowing you to get delivery jobs, we therefore split the billing.

WAYTO entitlement split will be 25%, your split will be 75%, respectively, of the total ride.

Billing runs are Monday to Sundays (public holidays not included, and shall be delayed by 1 day),

Billings in respect to Monday to Sundays, will be payable on Thursday the following week.

Please take note of delay time between WAYTO Bank and the different banks you may use.

Bank Account details provided by you, may only be changed a month in advance, with no exceptions. 

Bank Account Details to match your ID documentation

WAYTO assumes no responsibility for any incorrect bank details provided by you.

WAYTO, may see fit to adjust prices according to fuel price change.

The following prices applies:

Driver Code of Conduct/Customer Service

As a representative of the WAYTO Brand, you will, at all times treat customers with respect, go the extra mile.

Your customer service will be monitored by customer ratings.

Negative customer ratings may lead to temporary suspension.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied:

(i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;

(ii) that the Service will be uninterrupted or error-free;

(iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or

(iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Force Majeure

Any delays happening in the instance where one or both of the contracting individuals becomes unable to perform their obligations under the terms of this contract, then no party shall be held responsible for termination of contract. Client is then responsible for payment of at the prescribed rate where transportation was interrupted.

 Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us:

By email: Info@wayto.co.za