Terms and Conditions

SERVICE PROVIDER TERMS CONDITIONS

Service Providers:

 

  • By joining Innovate Logistics, The Service Provider accepts the Terms and Conditions.
  • Service Providers will only be added to the database if approved.
  • We reserve the right to remove Service Providers should we suspect wrong doing.

 

Damages:

-Service Provider will take full responsibility when item is collected and delivered.

- In the event of any damages – Service Provider is liable for damages

-Service Provider will act under the conduct of the South African National Transport and Logistic Laws

 

Delivery:

-Shipments must be delivered as per the agreed shipment request.

- In the event of a delay, customer may be liable for refund.

-Continued non delivery as per shipment agreement will result in a review by Innovate Logistics to reserve the right to remove the Service Provider.

 

SERVICE PROVIDER AGREEMENT

Last update: 1 May 2020

This Agreement (“Agreement”) constitutes a legal agreement between a Service Provider i.e. independent company in the business of providing Transportation and Logistic Services and Innovate Logistics, a private limited liability company established in South Africa.

 

Innovate Logistics provides lead generation services to Transportation and logistic service providers. The Innovate Logistics services enable an authorized transportation provider to provide Transportation and Logistic Services to an authorized user of Innovate Logistics mobile and web application (App).

 

Service Provider is authorized to provide Transportation and Logistic Services in the country(s) and jurisdiction(s) in which it operates, and it desires to enter into this Agreement for the purpose of accessing and using the Innovate Logistics App to enhance its transportation business.

 

Service Provider acknowledges and agrees that Innovate Logistics is a technology services provider that does not provide Transportation and Logistic Services, function as a transportation carrier or agent for the transportation of cargo.

 

Service Provider must agree to the terms and conditions that are set forth below in order to use the App. Once Service Provider accepts (electronic) this Agreement, Service Provider and Innovate Logistics shall be bound by the terms and conditions set forth herein.

 

  1. Definitions

 

 1.1.     “Device   means an Innovate Logistics Mobile App or Web App

 

 1.2.      “Service Provider” means an independent company in the business of providing Transportation and Logistic Services

 

1.3.       “Driver   means an employee or contractor of Service Provider: (a) who meets the South African National Transport and Logistic Laws with a relevant Drivers License. (b) An active registered driver using the Innovate Logistics App.

 

1.4.       “Driver ID   means the identification and password assigned by Service Providers to a Driver that allows the use of the Innovate Logistics App

 

1.5.       “Fees” means the amount charged for Transportation and Commission services

 

1.6.     “Transportation Services means the provisions of services by Service Providers to customers to transport goods and services.

 

1.7.     “Innovate Logistics services   mean Innovate Logistics electronic services rendered via a digital platform, being on-­‐demand    intermediary and related services that    enable transportation providers to provide Transportation Services through Service Providers to Customers seeking Transportation and Logistic Services.

 

1.8.     “Customer means an end user registered with Innovate Logistics to use Innovate Logistics mobile and web application for the purpose of obtaining Transportation and Logistic Services offered by Service Providers.    

 

1.9.     “Customer Information   means information    about the customer made available to Service Provider or a Driver in connection with such Customer’s request for and use    of Transportation and Logistic Services. This may include the Customer’s name, pick‐up location, contact information and photo.

 

1.10.     “Vehicle   means any vehicle of Service Provider that: (a) meets the requirements of Innovate Logistics as defined in Section 3.

 

  1. Use of the Innovate Logistics Services

 

2.1.       Provision of Transportation and Logistic Services.

Through the Innovate Logistics App, Customers request for Transport and Logistic Services. Based on the Customer request for the specified item to be delivered, Service Providers will tender for the shipment.

 

The tenders from the various Service Providers will be ranked and the customer is free to choose the Service Provider. Once the Customer chooses the Service Provider, payment will be made via card on the payment portal to Innovate Logistics.

 

The Service Provider will provide the Customer with the Driver details and vehicle registration and arrange the pick-up at location.

 

2.2.       Service Providers Relationship with Customer

  Service Provider acknowledges and agrees that the provision of Transportation and Logistical Services to Customers creates a direct and legal business relationship between Service Provider and Customer. Based on this, Innovate Logistics nor its affiliates is responsible or liable for actions or inactions of customer in relation to the   activities of Service Provider, it’s Driver or any of it’s Vehicle(s).

Service Providers shall have the sole responsibility for any obligations or liabilities to the Customers.

Service Providers acknowledges and agrees to transport and deliver the shipment to the specified location as directed by the customer.

 

2.3.       Service Providers Relationship with Innovate Logistics

  Service Providers relationship is governed through the terms and conditions  

 

 

 

 

 

 

 

2.4.     Service Ratings.

 

2.4.1.   Service Provider acknowledges and agrees that: (a) after    receiving Transportation Services, a Customer will provide a rating of the Transportation and Logistic Services and Driver and, optionally, to provide comments or feedback about such Transportation and Logistic Services.

 

2.4.2.    Service Provider acknowledges that Innovate Logistics desires that Customers have access to high quality services via the Mobile App to ensure repeat business and acquisition of new customers. In the event of unfavorable ratings, Innovate Logistics reserves the right to terminate the agreement with the Service Provider.

 

2.4.3.    Innovate Logistics reserve the right to use, share and display customer ratings and comments in any manner in connection with the business of Innovate Logistics.

 

2.5.          Devices.

 

2.5.1.    Service Provider may provide devices for Drivers to access the App.

 

2.6.       Location Services 

 

2.6.1.    Service Provider agrees that Driver location is monitored and tracked by Innovate Logistics, Service Provider and accepted shipment User when Driver is signed in to the App and proceeds with the Transportation and Logistic Services.

 

 

 

 

 

 

 

 

 

 

 

  1. Service Provider’s Driver and Vehicle(s)

 

3.1.       Driver Requirements 

Service Provider agrees that each Driver shall at all times: (a) hold (i) a valid driver's license with the appropriate license to use the vehicle assigned to the Driver, (ii) must meet the requirements of the South African National Transport and Logistic Laws to supply the Transportation and Logistic services in a professional manner.

Innovate Logistics reserves the right to remove Service Providers that fail to comply with the requirements of the South African National Transport and Logistic Laws, and the criteria laid out by Innovate Logistics.

 

 

3.2.       Vehicle Requirements.

            Service Provider agrees that each Vehicle must be (a) officially registered and licensed. (b) lawfully owned or leased by Service Provider (c) suitable for performing the Transportation and Logistic services stated by this Agreement; and (d) vehicles are roadworthy and good operating condition, in accordance with the South African National Transport and Logistic Laws, and (e) maintaining a valid Ministry of Transport Test Certificate for each Vehicle in accordance with the terms of any relevant license.

 

 

3.3.       Documentation.

Service Provider must have valid licenses, permits, approvals, authority, registrations and certification documents.

 

  1. Financial Terms

 

4.1.       Fare calculation and payment

Service Providers charge a once-off fare for the tendered Transportation and Logistic Service on the App. This fare cannot be altered once accepted by the Customer. No shipment will be made without payment. Customer makes the payment directly to Innovate Logistics. On successful delivery of the item, Innovate Logistics will pay the service provider within 7 days of delivery.

 

 

4.4.       Service Fee.

Innovate Logistics receives a service fee for every Transportation and Logistic Services transaction, calculated as a percentage of the Fare tendered by the Service Provider. Innovate Logistics reserves the right to review and change the service fee.

 

4.5.       Cancellation Charges.

The customer is free to cancel shipment request, prior to accepting the tender. In addition, without payment for shipment, no fare will be charged. In the event of a payment made, Service Provider and customer are legally bound to proceed with the shipment.

 

4.6.       Receipts 

 Innovate Logistics provides Service Provider receipts for their tendered Transportation and Logistic Services rendered. Upon completion of the services, Innovate Logisitcs prepares and applicable receipt as per the tendered document and issues payment to the Service Provider within 7 working days.

 

  1. Proprietary Rights; License

 

5.3.       Ownership 

Innovate Logistics services, App, logo, trademark, data and all intellectual property shall not be copied or distributed. Innovate Logistics services is owned by Innovate Logistics PTY LTD. All rights are reserved.

 

  1. Confidentiality

 

6.1.  Each party acknowledges and agrees that    in the performance of    this Agreement it may have access to or may be    exposed to, directly or indirectly, of the other    party ("Confidential Information").

 

6.2.       Each party acknowledges and agrees that:  (a)    all Confidential Information shall remain the exclusive property of the disclosing party;    (b) it shall    not use Confidential Information    of the other party for    any purpose except    in furtherance of    this Agreement;    (c) it shall not disclose Confidential Information of the other party to any third party,    except to its employees, officer, and service providers as necessary to perform under this Agreement.

 

  1. Insurance

 

7.1.      Service Provider agrees to maintain all Vehicles operated by Service Providers and its Drivers commercial automobile liability insurance that provides protection against human injury and property damage for goods and services to third parties and customers.

 

  1. Representations and Warranties; Disclaimers

 

8.1.       Service Provider 

Service Provider acknowledges full power and authority to enter into this Agreement and perform its obligations as stipulated in this agreement.

 

8.2.       No Service Guarantee 

            Innovate Logistics cannot guarantee the uptime of the Website and App services.

 

  1. Termination

 

9.1.     Term 

This Agreement starts on the date that the Agreement is executed by Service Provider on the App or Web and will continue until terminated.

 

9.2.     Termination 

Either party may terminate this Agreement with 7 days’ notice.

 

 

9.3.     Effect of Termination 

Upon termination of the Agreement, Service Provider, their Drivers, and data will be removed immediately.

 

 

  1. Modification of Terms

 

10.1.     Modification

Innovate Logistics reserves the right to modify the terms and conditions of this Agreement at any time. Updated versions will be made available on the website.

 

10.2.     Notifications.

Any notice delivered by Innovate Logistics to Service Provider under this Agreement will be delivered by email to the email address associated with Service Provider’s account.

 

  1. Governing Law; Arbitration.  

 

This Agreement shall be exclusively governed by and construed in accordance with the laws of The Republic of South Africa.

Any dispute, conflict    or    controversy, with or relating to this Agreement, including those relating to its validity, its construction or its enforceability, shall be submitted to mediation council that’s acceptable to both parties.     If  the event   that such dispute has not been    settled    within    sixty (60) days after a Request for Mediation, the parties will escalate the matter to an independent party for arbitration.

 

 

 

  1. Validity of agreement.

This agreement must be accepted in it’s entirety by the Service Provider. Any unilateral changes by the Service Provider will render this agreement invalid.

 

By clicking “I accept” or signing below, Service Provider expressly acknowledges that    Customer has read, understood, and taken steps to thoughtfully consider the consequences of this Agreement. Service Provider agrees to be bound by the terms and conditions of this Agreement. Service Provider is legally competent to enter into this Agreement with Innovate Logistics.

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