General Terms for Drivers
These General Terms set forth the main terms and conditions applying to and governing the usage of the Remove It Services. In order to provide Waste Removal Transportation Services via using the Remove It Mobile Application you must agree to the terms and conditions that are set forth below.
A COPY OF THESE TERMS AND CONDITIONS COULD BE FOUND ON OUR WEBSITE AT WWW.REMOVEIT.CO.ZA
1. DEFINITIONS
1.1. Remove It (also referred to as “we”, “our” or “us”), these Terms of Use (“Terms”) govern the access or use by you, an individual or professional entity, from within any country in the world, of applications, websites, content, products, and services (the “Services”) made available by Remove It, a private limited liability company established in South Africa, registration number K2021123233 (“Remove It”), offices situated at 1st Floor, Block B, North Park, Black River Park, 2 Fir Street, Observatory, Cape Town, 7925 SOUTH AFRICA. Remove It partners shall mean local representatives, affiliates, agents etc. appointed by Remove It.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Remove It. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Remove It may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Remove It may amend the Terms related to the Services from time to time. Amendments will be effective upon Remove It’s posting of such updated Terms or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
1.2. Remove It Services – services that Remove It provides, including provision and maintenance of Remove It Mobile Application, In-app Payment, customer support, communication between the Driver and the Client and other similar services.
1.3. Remove It Mobile Application – a smartphone application for Drivers and clients to request Waste Removal Transportation Services
1.5. Client – a person requesting Waste Removal Transportation Services by using the Remove It Mobile Application.
1.6. Driver (also referred to as “you“) – the person providing Waste Removal Transportation Services via the Remove It Mobile Application. Each Driver will get a personal Remove It Driver Account to use the Remove It mobile application.
1.7. Agreement – this agreement between Driver and Remove It regarding the use of Remove It Services which consists of:
1.7.1. these General Terms;
1.7.2. special terms displayed in Remove It Mobile Application, e.g. regarding price info or service descriptions;
1.7.3. the Drivers guidelines; and
1.7.4. other terms referred to in this Agreement as may be amended from time to time.
1.8. In-app Payment – cards, carrier billing and other payment methods used by the Client via the Remove It Mobile Application to pay for the Waste Removal Transportation Services.
1.9. Remove It Driver Account – access to a mobile application containing information and documents regarding usage of the Remove It Services in course of provision of Waste Removal Transportation Services, including accounting documentation. Driver may access the Remove It Driver Account at on the Remove It Mobile Application.
1.10 Waste Removal Transportation Services – Removal service a Driver is providing to a Client whose request a Driver has accepted through the Remove It Mobile Application.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to using the Remove It Services, you must sign up by providing the requested information in the signup application on the mobile application and uploading necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the „Sign up” button located at the end of the signup application, you represent and warrant that:
2.1.1. pursuant to valid legal acts, you are entitled to enter into an agreement with us to use the Remove It Mobile Application for providing the Waste Removal Transportation Service;
2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all obligations that arise as provided herein and from Agreement;
2.1.3. all the information you have presented to us is accurate, correct and complete;
2.1.4. you will keep the Remove It Driver Account accurate and profile information updated at all times;
2.1.5. you will not authorize other persons to use your Remove It Driver Account nor transfer or assign it to any other person;
2.1.6. you will not use the Remove It Services for unauthorized or unlawful purposes and impair the proper operation of the Remove It Services;
2.1.7. at all times, you fully comply with all laws and regulations applicable in the state you are providing Waste Removal Transportation Services in, including (but not limited to) laws regulating transportation services;
2.2. You are obliged to provide your bank account details in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account details of the company. We are not liable for any incorrect money transactions in case you have provided the wrong bank account details.
2.3. You agree that in specific cities or countries Remove It may assign any of our obligations arising from the General Terms or Agreement to Remove It. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup applications, trainings, collection of Remove It Fees, forwarding you the fees due, mediating In-app Payment, licensing the Remove It App, etc.
2.4. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in payment details (as accessible in the Remove It Driver Account). In such case, the indicated legal person is considered to be the provider of the Waste Removal Transportation Services and a party to these General Terms, Agreement and any further agreements. Only the specific natural person indicated in the signup process may factually provide the Waste Removal Transportation Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE REMOVAL TRANSPORTATION SERVICES UNDER THE REMOVE IT ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE DRIVER.
2.7. Registering Remove It Driver Account as a fleet company. Upon concluding a separate agreement, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of General Terms, Agreement and any further agreements and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
3. RIGHT TO USE REMOVE IT MOBILE APP AND REMOVE IT DRIVER ACCOUNT
3.1. License to use the Remove It Mobile Application and the Remove It Driver Account. Subject to your compliance with the Agreement, We hereby grant you have a license to use the Remove It Mobile Application and the Remove It Driver Account. The license does not grant you the right to sublicense or transfer any rights to the third persons. Regardless of the above and if so agreed separately, fleet companies may sub-license the Remove It Mobile Application and the Remove It Driver Account to the members of its fleet.
3.2. In course of using the Remove It Mobile Application and the Remove It Driver Account you may not:
3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Remove It Mobile Application, the Remove It Driver Account or other software of Remove It;
3.2.2. modify the Remove It Mobile Application or the Remove It Driver Account in any manner or form or to use modified versions of the Remove It Mobile Application or Remove It Driver Account;
3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or adversely affect the operations of Remove It;
3.2.4. attempt to gain unauthorized access to the Remove It Mobile Application, Remove It Driver Account or any other Remove It Services.
3.3. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Remove It Mobile Application and the Remove It Driver Account and we are entitled to block and delete Driver account without any prior notice.
3.4. Using tags and labels of Remove It. Additionally, we may give you tags, labels, stickers or other signs that refer to Remove It brand or otherwise indicate you are using the Remove It Mobile Application. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Waste Removal Transportation Services via the Remove It Mobile Application. After termination of the Agreement you must immediately remove and discard any signs that refer to the Remove It brand.
3.5. All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Remove It and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Remove It Mobile Application or any other Remove It Services you do not acquire any rights of ownership to any intellectual property.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. The Driver’s Obligations. You hereby guarantee to provide Waste Removal Transportation Services in accordance with the General Terms, Agreement as well as laws and regulations applicable in the state where you are providing Removal Services. Please note that you are fully liable for any violation of any local laws and regulations as may arise from providing these Waste Removal Services.
4.2. You must have all licenses (including a valid driver’s license), permits, car insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing these Waste Removal Services. It is your obligation to maintain the validity of all aforementioned documentation. Remove It reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications.
4.3. You must provide the Waste Removal Transportation Services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the Client’s request in their best interest.
4.4. You retain the sole right to determine when you are providing the Waste Removal Transportation Services. You shall accept, decline or ignore Waste Removal Transportation Services requests made by Clients at your own choosing. However, if you accept a request, you must complete the transaction as outlined in the request notification.
4.5. Costs you incur while providing the Waste Removal Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform these Waste Removal Transportation Services at your own expense, including a car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing these Waste Removal Transportation Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Remove It Mobile Application may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
4.6. All client payments for Waste Removal Transportation Services are made directly to Remove It via the In-app Payment method.
4.7. Payment. You are entitled to a payment for each successfully completed Waste Removal Transportation Service provided through the Remove It Mobile Application as requested by the client. Remove it will make a payment to you once confirmation from both client and driver is received of a completed job.
4.8. Cancellation of Waste Removal Transportation Service. A client may cancel a request for Waste Removal Transportation Services that a Driver has accepted via the Remove It App.
4.9. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Waste Removal Transportation Services, including (i) paying income tax, PAYE or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations in regard to accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent set forth in valid legal acts. Additionally, it is your obligation to adhere to all applicable tax regulations that may apply in connection with the provision of Waste Removal Transportation Services. You hereby agree to compensate Remove It all state fees, claims, payments, fines or other tax obligations that Remove It will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).
5. IN-APP PAYMENTS
5.1. You hereby authorise us as your commercial agent to receive the payment or any other fees paid by the client via the Remove It Mobile Application Payment Solution and to forward relevant funds to you via bank transfer.
5.2. All payments from clients will be made via the Remove It Mobile Application Payment Solution. You may not approach a client about payment as all monies are received by Remove It before the Waste Removal Transportation Service has been completed. Remove It will make payment into your nominated bank account as soon as confirmation of a successfully completed job has been received by both client and driver.
5.3. Payment processing time is applicable with all payments irrespective of party paying or receiving funds. Payments to drivers will be made within a reasonable amount of time once confirmation of a successfully completed job has been received by both client and driver.
6. RATINGS AND ACTIVITY
6.1. In order to guarantee high-quality service and provide additional reassurance to clients, you hereby acknowledge that the client may provide you a rating and leave feedback regarding the quality of the Waste Removal Transportation Services that you have provided. Your average rating will be linked to your Driver´s account and will be available to Remove It only.
6.2. In order to provide reliable services to clients, we may determine a minimum average rating and a minimum activity score that Drivers must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed time period, your Driver´s account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
7. RELATIONSHIP BETWEEN YOU, US AND THE CLIENT
7.1. You hereby acknowledge and agree that we provide an information society service and do not provide Waste Removal Transportation Services. By providing the Remove It Mobile Application and Remove It Services, we act as marketplace connecting clients with Removal drivers. You acknowledge that you are providing the Waste Removal Transportation Services on the contractual basis of providing the Waste Removal Transportation Services either independently or via a company as an economic and professional activity. Remove It, as the operator of Remove It Mobile Application acts as the commercial agent of the Drivers for the mediation of conclusion of contracts between the driver and the client, and thus, among other things, accepts payments from the clients and forwards the payments to the driver.
7.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of us, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.
7.3. You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.
8. PROCESSING OF PERSONAL DATA, ACCESS TO DATA
8.1. Your personal data will be processed in accordance with the Privacy Policy available on the Remove It Mobile Application.
8.2. Remove It has access to all personal data and other data provided or generated in connection with your use of the Remove It Services. Remove It shall take all reasonable steps to ensure confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Remove It maintains access to such data also after the Agreement between you and Remove It is terminated.
8.3. You have access to personal and other data provided by you or generated in connection with your use of the Remove It Services to the extent that is made available to you under your Remove It Driver Account through the Remove It Mobile Application. You shall take all reasonable steps to ensure confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Clients.
9. LIABILITY
9.1. The Remove It Mobile Application is provided on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to Remove It Mobile Application will be uninterrupted or error free. As the usage of Remove It Mobile Application for requesting waste removal transportation services depends on the behaviour of clients, we do not guarantee that your usage of the Remove It Mobile Application will result in any Waste Removal Transportation Service requests.
9.2. To the maximum extent permitted under the applicable law, we, nor Remove Its` representatives, directors and employees are liable for any loss or damage that you may incur as a result of using the Remove It Mobile Application and any Services offered by Remove It, including but not limited to:
9.2.1. any direct or indirect property damage or monetary loss;
9.2.2. loss of profit or anticipated savings;
9.2.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
9.2.4. loss or inaccuracy of data; and
9.2.5. any other type of loss or damage.
9.3. The financial liability of us in connection with violating the General Terms or Agreement will be limited to R1000 (ZAR). You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement.
9.4. We shall not be liable for the actions or non-actions of the clients and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the client.
9.5. You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If client presents any claims against us in connection with your provision of Waste Removal Transportation Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
10. TERM, SUSPENSION AND TERMINATION
10.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Waste Removal Transportation Services on the Remove It Mobile Application.
10.2. You may terminate the Agreement at any time by notifying Remove It at least 7 (seven) days in advance, after which your right to use the Remove It Mobile Application and Remove It Services shall terminate. Remove It may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.
10.3. Remove It is entitled to immediately terminate the Agreement and block your access to the Remove It Mobile Application without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Remove It, or cause harm to Remove Its brand, reputation or business as determined by Remove It in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Driver account.
10.4. We may also immediately suspend (block) your access to the Remove It Mobile Application for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.
10.5. We are aiming to provide the highest quality service to all Clients therefore we are monitoring the activity of Drivers on Remove It Mobile Application. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice.
11. AMENDMENTS
11.1. Remove It reserves the right to amend these General Terms anytime by uploading the revised version on its Mobile Application and notifying you (e.g. via e-mail, Remove It App or Remove It Driver Account) whenever, in the reasonable opinion of Remove It, such amendments are material.
11.2. Remove It shall provide at least 15 days’ advance notice (e.g. via e-mail, Remove It App or Remove It Driver Account) about the amendments that affect the rights of Business Users Operating in the Member State, unless:
11.2.1. Remove It is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period;
11.2.2. immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Remove It Services, clients or drivers from fraud, malware, spam or data breaches;
11.2.3. you have elected to waive the advance notice period (e.g. you continue to use Remove It Services after receipt of the notice of amendment); or
11.2.4. in the reasonable opinion of Remove It, amendments are beneficial for the Drivers and do not require technical adjustments from them.
11.3. If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Remove It Services and providing termination notice to Remove It. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the Remove It Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.
12. APPLICABLE LAW AND COURT JURISDICTION
12.1. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of Republic of South Africa. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in County Court.
13. NOTICES
13.1. You are obliged to immediately notify us of any changes to your contact information.
13.2. Any notice required to be given under the General Terms and Agreement shall be sufficiently given if:
13.2.1. delivered personally,
13.2.2. sent by courier with proof of delivery,
13.2.3. sent by registered mail,
13.2.4. sent by e-mail or
13.2.5. made available via the Remove It Mobile Application or Remove It Driver Account.
13.3 Any notice which is sent or dispatched in accordance with the previous clause shall be deemed to have been received:
13.3.1. if delivered personally, at the time of delivery to the party;
13.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
13.3.3. if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party;
13.3.4. if made available via the Remove It App or Remove It Driver Account, or
13.3.5. if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
14. FINAL PROVISIONS
If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.