1. INTRODUCTION

1.1.   These terms and conditions (“terms and conditions”) apply in respect of the 1Fetch (Pty) Ltd website and 1Fetch service, which may be accessed on www.1fetch.co.za (“the website”), the 1Fetch application (“the application”) or by Application Programming Interface (“API”) integration (collectively, “IT platforms” and a reference to IT platform shall be a reference to any one of them as the context may require). Please read these terms and conditions carefully prior to accessing and using the 1Fetch services as defined herein.

1.2.   Please browse or use the IT platform/s for your own personal and non-commercial use only, and for no other purpose. By using the IT platform/s you indemnify 1Fetch against all loss, damage, expense, harm, claim and any other cost whatever that you may incur as a result of your use of the IT platform/s and/or its/their contents contrary to these terms and conditions.

1.3.   By using the IT platform/s, you confirm that you have read and understood the terms and conditions and agree to be bound by them. These terms and conditions constitute the whole of the agreement between 1Fetch and you 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 these terms and conditions not incorporated in these terms and conditions shall be binding on 1Fetch and yourself.

1.4.   1Fetch reserves the right to suspend the IT platform/s or any parts thereof at any time, at its sole discretion.

2. INTERPRETATION AND DEFINITIONS

In these terms and conditions a reference to –

2.1.   “additional location/s” means the additional location/s the driver must visit, as stipulated by you to 1Fetch in your order on the IT platform/s;

2.2.   “applicable laws” means all laws, statutes, ordinances, by-laws or other legislative measures relevant and applicable to the implementation of these terms and conditions;

2.3.   “business day” means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;

2.4.   “business hours” means the hours between 08h00 and 17h00 on a Monday to Friday;

2.5.   “cancellation fee” means the amount of R75 (seventy five Rand);

2.6.   “collection location” means the location at which the delivery package must be collected, as stipulated by you to 1Fetch in your order on the IT platform/s;

2.7.   “delivery package” means the items required to be collected and delivered by the driver/s, but specifically excluding the restricted items listed in clause 5.3.1;

2.8.   “driver” means a driver employed by 1Fetch or included by 1Fetch as an approved driver on the 1Fetch driver platform;

2.9.   “delivery location” means the location at which the delivery package must be delivered, as stipulated by you to 1Fetch in your order on the IT platform/s;

2.10.“ECT Act” means the Electronic Communications and Transactions Act, Act 25 of 2002, as amended, from time to time;

2.11.“1Fetch services” means the receipt and processing of an order by 1Fetch through the IT platform/s and the procurement thereafter by 1Fetch of the collection of the delivery package from the collection location and delivery thereof to the delivery location, by the driver/s;

2.12.“mobile device” means any portable computing device capable of accessing the internet, including without limitation a smartphone or tablet computer;

2.13.“order” means a request submitted by you through the use of the IT platform/s for the 1Fetch services at the prices reflected on the IT platform/s;

2.14.“personal information” shall have the same meaning as is ascribed to it in section 1 of the Protection of Personal Information Act, Act 4 of 2013, and which includes without limitation, information in respect of –

2.14.1.              an individual, such individual’s name, identity number, age, email addresses, telephone/mobile number/s, physical addresses and credit or debit card details; and

2.14.2.              an entity, such entity’s name, registration number, VAT number, email addresses, telephone/mobile number/s, physical addresses and credit or debit card details and. If necessary, details of the directors and employees of such entity as well as the banking details;

2.15.“Predefined operating area” will initially be the 20km radius from the intersection of Sandton Drive and Rivonia Road as well as any orders in Gauteng to or from the 20km radius from the intersection of Sandton Drive and Rivonia Road. In Cape Town, this will initially be a distance of no more than 35kms from the Cape Town City Centre;

2.16.“transaction currency” for the 1Fetch services will be billed in South African Rands (ZAR)

2.17.“VAT” means value added tax as defined in the Value Added Tax Act, Act 89 of 1991, as amended from time to time.

3. REGISTRATION

3.1.   The IT platforms are supplied by 1Fetch.

3.2.   In order to register and create a personal account (“1Fetch account”) with 1Fetch for the provision by 1Fetch of the 1Fetch services, you shall be required –

3.2.1. as an individual or entity, to –

3.2.1.1.                download the application onto a mobile device. Please ensure that you download the correct application and that the application is compatible with the mobile device. For the purposes of clarity, the application will only apply in respect of the single mobile device onto which the application is downloaded; or

3.2.1.2.                access the website directly; and

3.2.1.3.                provide 1Fetch with your/the entity’s personal information and any other information which 1Fetch may deem to be necessary in order to render the 1Fetch services;

3.3.   Upon registration with 1Fetch, whether through the application and/or the website, you shall be provided with a 1Fetch account and a password of your choice which will enable you to access your 1Fetch account in order to place and order.

4. ORDERS AND PRICING

4.1.   In order to place an order, you shall be required, as an individual or entity –

4.1.1. to open the application on your mobile device and follow the instructions set out therein; or

4.1.2. to access the website and follow the instructions set out therein;

4.1.3. (i) agree that the package meets the requirements/specifications as set out in clause 5 below;

(ii) specify the details of the collection location as well as the individual/s who will hand over the delivery package at the collection location;

(iii) specify the details of any additional location/s as well as the individual/s who will receive/hand over the delivery package at the additional location;

(iv) specify the details of the delivery location as well as the individual/s who will receive the delivery package at the delivery location; and

(v) specify any specific instructions required at the collection location, the additional location/s and delivery location.

4.2.   When using the application or the website, you will be required to enter your collection location, should the location service function on the mobile device be enabled. For the purposes of clarity, the delivery package must be situated at the collection location. The driver will wait for a maximum of 10 minutes before cancelling the trip in accordance with clause 8 below. Notwithstanding anything to the contrary contained herein, 1Fetch shall not be liable for any failure by it to facilitate communication between you and the driver, at any time, in respect of any order placed by you.

4.3.   It is specifically recorded that 1Fetch reserves the right to refuse and/or reject your order.

4.4.   1Fetch shall use its reasonable endeavours to reach the Collection location within a period of 90 minutes from receipt of the order.

4.5.   Upon acceptance of your order, you shall be notified thereof, and, inter alia, the following information is available to you through the track and trace functionality included in the application or website –

4.5.1. “Overview” of the order, including real-time updates for the following:

4.5.1.1.                “Awaiting Dispatch” – Once an order has been successfully placed;

4.5.1.2.                “Driver Dispatched” – Once a driver is on his way to the Collection location;

4.5.1.3.                “Package En Route” – When the driver leaves the Collection location;

4.5.1.4.                “Completed” – When the driver successfully leaves the final Delivery location;

4.5.1.5.                “Cancelled” – Should the order be cancelled at any stage during the delivery;

4.5.2. “Tracking” which allows you to track the progress of the driver on a map, in real-time, as soon as the driver is dispatched together with his ETA to the next location.

4.5.3. “Scans” detailing all the information captured at each of the locations; and

4.6.   On completion of the delivery, your invoice, together with the proof of delivery, will be emailed to the email address specified by you at the time of registration.

4.7.   When placing an order you are required to (i) be over the age of 18 years; (ii) possess a valid credit card or debit card or be authorised to use any such card; and (iii) follow the instructions set out on the IT platform/s.

4.8.   Should any order be received by 1Fetch reflecting your name as the party placing such order, 1Fetch shall not be obliged to verify that such order has been placed by you.

4.9.   Upon placing any order, you agree to the prevailing prices (“prices”) reflected and quoted on the IT platform/s in respect of the 1Fetch services.

4.10.1Fetch shall be entitled, in its sole discretion, to adjust the prices from time to time. The prices can be viewed at the time of requesting a quote. The pricing is “live” and quoted based on a rate per kilometre. Pricing will always be displayed or quoted as including VAT.

4..11.1Fetch shall be entitled, in its sole discretion, to route, consolidate and schedule deliveries taking into account effective and efficient route planning and logistics, within the context of multiple delivery considerations, as and when required.

5. PACKAGING RESTRICTIONS

5.1.   In order for the –

5.1.1. 1Fetch services to be rendered, each driver shall be equipped with a scooter or motor bike with a secured delivery box (“delivery box”) attached thereto in which the delivery packages shall be stored for delivery;

5.1.2. delivery package to fit within the delivery box, the delivery package –

5.1.2.1.                must not exceed a maximum weight of 15 kilograms. For the purposes of clarity, a delivery package may consist of various other packages which in aggregate weigh a maximum of 15 kilograms; and

5.1.2.2.                dimensions must not exceed 660mm in length, 515mm in width and 400mm in height.

5.2.   Should the delivery package exceed the maximum requirements contemplated in clause 5.1.2, the driver shall be authorised to refuse delivery thereof.

5.3.   Notwithstanding anything to the contrary contained herein –

5.3.1. the following list comprises, inter alia, certain items (each a “restricted item”) which may not, in any manner or circumstance whatever, be delivered by the driver/s in respect of any order –

5.3.1.1.                any items prohibited by any applicable law;

5.3.1.2.                human beings or animals of any size;

5.3.1.3.                any illegal items;

5.3.1.4.                items of a fragile nature;

5.3.1.5.                dangerous items, including without limitation, firearms, weapons, flammable items, explosives and knives;

5.3.1.6.                stolen items;

5.3.1.7.                items that you don’t have the right or authorisation to deliver;

5.3.1.8.                physical cash; and

5.3.1.9.                any item/s which require approval/s and/or license/s, of any nature whatever, in order to be transported in accordance with these terms and conditions.

5.3.2. should the driver be of the reasonable opinion or suspicion that the delivery package contains any one or more restricted items, upon collection thereof from the Collection location or any additional location, the driver shall then be entitled to require you to reveal and/or expose the content of such delivery package to the extent that such contents are not visible. Should you fail and/or refuse, for any reason whatever, to reveal such contents, the driver shall be entitled, in his reasonable discretion, to refuse to accept the delivery package.

5.4.   To the extent that the driver refuses to accept the delivery package as contemplated in clauses 5.2 and 5.3.2, you shall be liable to pay the cancellation fee which shall be withheld from your credit card payment in the manner contemplated in clause 6.3.

5.5.   It is your responsibility to ensure that (i) the person indicated by you; and/or (ii) any other person specifically authorised by such person; to receive delivery of the delivery package as contemplated in clause 4.1.3 (collectively “the receiver”), shall be present at the address provided by you for delivery thereof. Should the receiver not be present at such address, then the provisions of clause 8.1 shall apply.

5.6.   Delivery of the delivery package shall be deemed to occur upon the receiver signing electronically for the delivery, as requested and prompted to do so by the driver.

6. METHODS OF PAYMENT

6.1.   The use of the IT platform/s are free of charge, however 1Fetch is entitled, in its discretion, to introduce a fee for the use of the IT platform/s.

6.2.   All payments made by you in respect of the 1Fetch services (as contemplated in 4.10) shall be paid directly to 1Fetch.

6.3.   Upon the acceptance of the quote, 1Fetch shall be entitled to debit payment from your credit or debit card, the details of which shall have been provided by you to 1Fetch as contemplated in terms of 3.2. All payments made by you to 1Fetch in terms of these terms and conditions shall be non-refundable, unless 1Fetch do not arrive at the collection location within 90 minutes as specified in clause 4.4, in which case a refund will be processed. Should a cancellation fee be levied, in terms of clause 8.1.1 below, the original quoted delivery charge will be refunded net of the cancellation fee.

6.4.   The payment system used by 1Fetch is a third party payment processor (“the payment processor”), which links your credit or debit card account to the IT platform/s. The processing of any payments or credits, as applicable, in connection with your use of the IT platform/s shall be subject to the terms, conditions and privacy policies of (i) the payment processor; and (ii) your credit or debit card issuer; in addition to these terms and conditions. 1Fetch is not responsible for any errors by the payment processor and you hereby indemnify 1Fetch for all loss, liability, damage and/or expense of every nature whatever (including without limiting the generality of the aforegoing, all party and party and attorney and own client costs (and additional costs) incurred by 1Fetch which 1Fetch may directly or indirectly suffer and/or incur and/or which may be directly and/or indirectly attributable to any such error/s made by the payment processor in respect of your order.

6.5.   It remains your responsibility to ensure that there are sufficient funds in the credit or debit card account contemplated in clause 3.2 in respect of your order/s. To the extent that there are insufficient funds in such account, payment of all amounts outstanding from time to time must be paid by you to 1Fetch within 48 hours of receiving notice of such insufficient funds. An invoice will be emailed to you in this regard.

7. WARRANTIES

7.1.   You hereby warrant that –

7.1.1. all information, including without limitation, all information in respect of (i) registration contemplated in clause 3; and (ii) your use of the 1Fetch services; provided by you to 1Fetch are true and correct in all respects. 1Fetch reserves the right to verify, at any time without your prior consent, all information provided by you to 1Fetch as aforesaid;

7.1.2. your use of the IT platform/s shall be solely in respect of your own personal use or for the use required by an entity and not for a commercial purpose;

7.1.3. your 1Fetch account shall be accessed and used solely by you as an individual or entity, as the case may be, and no other person shall be entitled, in any manner whatever and whether with or without your consent, to access and/or use your 1Fetch account;

7.1.4. you shall not, in any manner whatever, delegate any obligations or cede any rights to any other person in respect of your 1Fetch account;

7.1.5. your use of the (i) IT platform/s; and/or (ii) 1Fetch services; shall at all times be lawful and shall not be used, whether directly and/or indirectly, for illegal and/or fraudulent purposes;

7.1.6. the IT platform/s shall not be used in a manner which may cause, whether directly and/or indirectly, disruption and/or damage to any third party;

7.1.7. you, nor any other person/s acting under your direction and/or control, shall not in any manner whatever (i) impair, obstruct and/or harm the operation of the network and/or the software used in respect of the IT platform/s; and/or (ii) damage or destroy the IT platform/s;

7.1.8. you shall not reproduce or distribute, in any manner or form whatever, inter alia, the content and/or software of the IT platform/s.

8. CANCELLATION

8.1.   Should –

8.1.1. you or the person stipulated by you not be present at the collection location, the driver shall attempt to contact you and remain at such location for a maximum period of 10 minutes whereafter the driver shall then cancel the service, informing you thereof via sms; and

8.1.2. the receiver be unavailable to take receipt of the delivery package at any additional location or at the final delivery location, for any reason whatsoever, the driver will attempt to contact you and wait for a maximum time of ten minutes; whereafter, if no alternative plan has been made at the discretion of 1Fetch, the driver will return the package to the original collection location. Should you or the person stipulated by you not be present at the original collection location, the driver shall wait for a maximum of ten minutes, whereafter the driver shall then leave the delivery package at a place at the collection location deemed appropriate by the driver. 1Fetch shall not be responsible or liable in any manner whatever for any loss or damage suffered or caused to the delivery package, including without limitation theft and/or destruction of the delivery package in such circumstances.

8.2.   Should the provisions of clauses 8.1.1 and 8.1.2 be applicable, you shall be liable for payment of (i) the cancellation fee as contemplated in in 8.1.1; and (ii) the full price in respect of the 1Fetch services as contemplated in in 8.1.2 as well as the cancellation fee.

9. PROTECTION OF PERSONAL INFORMATION

9.1.   You hereby –

(i) agree and acknowledge that in order for 1Fetch and the driver/s to render the 1Fetch services, 1Fetch shall require access to and use of your personal information and shall be required to furnish the driver/s therewith for the drivers’ use in order to fulfil the 1Fetch services; and

(ii) consent to 1Fetch accessing and using such personal information and furnishing the driver/s therewith for the drivers’ use in order to fulfil the 1Fetch services.

9.2.   1Fetch agrees that it shall –

9.2.1. safeguard and protect your personal information in its possession and/or under its control;

9.2.2. use your personal information only for –

9.2.2.1.                the purposes for which such information was received (ie in order for 1Fetch to render the 1Fetch services); and

9.2.2.2.                marketing special offers in respect of the 1Fetch services, unless indicated otherwise by you in writing;

9.2.3. not use your personal information for any purposes other than those contained in clause 9.2.2;

9.2.4. not disclose, sell or rent your personal information to third parties without your consent unless 1Fetch is compelled to do so by law. 1Fetch may do so if you have granted consent thereto;

9.2.5. update your personal information as and when required by you, in writing. For clarity purposes, it is recorded that 1Fetch shall not update and/or verify your personal information without having acquired your prior written instructions and 1Fetch shall not be liable for, inter alia, any errors, omissions and/or unauthorised access to your personal information; and

9.2.6. allow you access to your personal information as and when required by you.

9.3.   Notwithstanding the provisions of this clause 9, 1Fetch cannot guarantee the absolute security of any information you exchange with it. 1Fetch will however take reasonable steps in an attempt to protect and safeguard your personal information.

10. LIMITATION OF LIABILITY

10.1.Your use of the IT platform/s is entirely at your own risk. 1Fetch makes no representations or warranties of any kind, whether express or implied. 1Fetch accepts no liability, to the extent permitted by law, for any damages, however arising, whether direct, indirect, incidental, special or consequential loss from the access or use of the IT platform/s or the provision of any of the 1Fetch services.

10.2.1Fetch shall not be liable for any damages arising out of the use (or inability to use) the IT platform/s, including without limitation, damages resulting from any (i) failure and/or delay in the transmission of electronic correspondence and/or communication; and/or (ii) unauthorised access and/or manipulation of such correspondence by third parties and/or computer program/s.

11. INDEMNITIES

11.1.By using the IT platform/s, you hereby indemnify 1Fetch, its shareholders, affiliates, employees and its directors (collectively, ‘the indemnifieds”) against all loss, liability, damage and/or expense of every nature whatever (including without limiting the generality of the aforegoing, all party and party and attorney and own client costs (and additional costs) incurred by the indemnifieds) which the indemnifieds may directly or indirectly suffer and/or incur and/or which may be directly and/or indirectly attributable to, inter alia (i) a breach by you of these terms and conditions and/or any applicable law; (ii) any misuse by you of the IT platform/s; and/or (iii) a violation or infringement by you of the rights of any third party in respect of the 1Fetch services, including without limitation the rights of the driver/s.

12. INSURANCE

12.1.By accepting these terms, you authorise 1Fetch to provide goods in transit insurance on the delivery package/s, subject to the limitations and terms and conditions of its insurers.

13. INTELLECTUAL PROPERTY

13.1.1Fetch owns all rights, title and interest, including without limitation, all related intellectual property rights in and to the IT platform/s and/or other material on the IT platform/s. You are only permitted to view, print or store electronically a copy of any information on the IT platform/s, including these terms and conditions, solely for your personal, lawful, noncommercial use and a failure to do so will constitute an unlawful infringement of the intellectual property rights of 1Fetch or its licensors.

14. AMENDED OR UPDATED TERMS

14.1.1Fetch may periodically update or change these terms and conditions without notice. Please ensure that you check them from time to time, as your continued use of the IT platform/s shall mean that you accept any updated or revised terms and conditions.

14.2.Accordingly you agree to review these terms and conditions periodically, and your continued access or use of the IT platform/s shall be deemed to be your acceptance, from time to time, of the terms and conditions as amended.

15. GENERAL

15.1.These terms and conditions shall commence from the date on which they are published on the IT platform/s and continue indefinitely, as amended by 1Fetch from time to time, for so long as the IT platform/s exist and are operational. 1Fetch shall be entitled to terminate these terms and conditions and/or shut down the IT platform/s at any time (subject to still processing any orders then already placed and accepted by 1Fetch).

15.2.No failure or delay by 1Fetch in exercising any right under these terms and conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the rights of 1Fetch under these terms and conditions.

15.3.Any and all copyright subsisting in the IT platform/s vests in 1Fetch or its licensors, as the case may be, and all rights not expressly granted are reserved.

16. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

16.1.These terms and conditions are subject to the provisions of the ECT Act and any of the terms that are in conflict with any of the compulsory provisions of the ECT Act will be deemed to have been modified so as to comply with such provisions of the ECT Act.

16.2.In terms of the ECT Act, 1Fetch will provide you with the opportunity to review the entire transaction, correct any mistake and withdraw from the transaction before placing an order.

17. PRIVACY POLICY

17.1.Click here to view our privacy policy