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Terms and Conditions

INTRODUCTION

These Services are operated by DH Medical Services Pty Ltd, affiliates, and its subsidiary entities (herein collectively referred to as the “Company”, “we”, “us” or “our”).

These Terms apply to all Customers, Vendors/Partners, and Couriers/drivers/delivery agents (herein referred to as “Users”) of our services and content through its websites, related domains, subdomains, and mobile and desktop applications (herein individually and collectively referred to as the “Services”). These Terms govern your use of the DH Media Services Pty Ltd services, including all functionalities, features, Streaming Services, audio, visual, written media, PDF, Website links and user interfaces, and all content and software associated with the Services as provided by the Company.

Please read these Terms of Service (“Agreement”) carefully, as they constitute legally binding terms and conditions and apply to your use of any developed mobile application or website (collectively, the “Services”) developed or created by DH Medical Services Pty Ltd. This Agreement applies whether you are accessing the Services via a wireless or mobile device, a television, a personal computer, or any other device (each, a “Device”). This Agreement does not cover other services, websites or any corresponding content, features, and activities made available by any other company or third party, unless specifically stated.

This Agreement applies to all users of the Services, regardless of media of access, and whether you have registered for same. By using the Services, you agree to comply with this Agreement, our Privacy Policy, and all applicable laws and regulations. The Privacy Policy is hereby incorporated into this Agreement by reference as though fully set forth herein.

Modifications. We may modify this Agreement from time to time and at any time in our sole discretion. Once we post or make them available, these changes become effective immediately and if you use the Services after they become effective it will signify your agreement to be bound by the changes. We recommend that you check back frequently and review this Agreement regularly, so you are aware of the most current rights and obligations that apply to you.

 Acceptance of Terms: The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

 Changes to Terms: The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Service without notice or liability to you. Any changes to these Terms of Service shall be effective immediately following the posting of such changes. You agree to review these Terms of Service from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Service shall constitute your acceptance of all such changes.

 User Registration. In order to access and use the same features of Services, we may require that you register on the Site have a unique username and password combination (“User Credentials”) and provide certain additional information, which may include, without limitation, your email address, name, and related information (collectively, a “User Account”). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information. Further, if you elect to become a registered user of the Services, you are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee or agent. You agree to immediately notify the Company of any unauthorized use of your User Credentials or User Account, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain, and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use, and registration privileges to any user of the Services for any reason, including, without limitation, if we believe there is a question about the identity of the person trying to access any account or element of the Services. Company shall not be responsible or liable for any loss or damage arising from your failure to comply with our terms.

Couriers/drivers/delivery agents – By signing up to be a courier to deliver products from Vendors to Customers, you agree that you have no criminal records against your name, that you are an independent contractor, that the mode of delivery you intend to use is legally yours or you have written permission to use it for delivery purpose from the legal owner. All Couriers are required to use the Company food delivery bags and these bags should be kept clean at all times.

 Access and Use of Service: Users accessing the Services must be at least Eighteen (18) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access these Services, you are solely responsible for compliance with the laws and regulations of your jurisdiction. Access to our Services and any associated content or websites does not create a professional services relationship or any other relationship with DH Media Services Pty Ltd.

Your Conduct:  We take the security and privacy of our community seriously. The Services we offer may be used only for lawful purposes relating to Online Services, and related materials or services. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company. You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts. Violations of system or network security or inappropriate conduct towards our Users or the community at large may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

 User Information: You are solely responsible for the information you input or upload to the Services and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations. If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up to date. Your privacy rights are set forth in our Privacy Policy located on our websites. The Company reserves the right to offer Company or third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter unless you opt out of receiving third-party services and products.

 Username/Password/Security: You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether authorized by you. If you wish to have someone else use your device, you must always log out so no other individual will have access to your content. You agree to immediately notify the Company of any unauthorized use of your username and password.

 Use of Services: The App and website services and related materials are only a conduit for our services to all customers and vendors “Users”. Each user is solely responsible for deciding whether the Services offered are suitable for your purposes and whether the Services match your needs. The Company grants you limited, non-exclusive access, and use of the Services for your own personal and non-commercial purposes. This includes rights to use materials and functions on the Company’s website and applications. If you elect to access any component of the Services for which there is a commission fee, you agree to pay all fees associated with your account on a timely basis. All such fees (including any taxes and late fees, as applicable) will be charged to your account. Each user agrees to maintain valid bank card information as part of their account information when requested.

Drivers/Couriers/Delivery Agent Requirements

By creating an Account and listing yourself as Available to Drive, you represent and warrant that you:

  1. you have the permission to work in the country. If you hold a foreign passport, a work permit /Visa that proves that you can work in the country is mandatory. We may check your documents with the authorities.
      1. have held an unrestricted driver’s license. This applies to car, scooter, and motorbike drivers.
      2. have an iOS or Android smartphone;
      3. can communicate with Passengers in English or other local languages clearly and effectively;
      4. consent to any background checks such as, but not limited to, a criminal history and driving history check;
      5. have the vehicle insurance (third-party or comprehensive insurance required;
      6. own or have leased a personal vehicle for the delivery service
      7. meet all the Driver requirements published by the official transport authority in your state.
      8. Motorbikes, scooters, and bicycle riders are required to wear helmets at all times.

VEHICLE REQUIREMENTS (cars, scooters, motorbikes)

By creating an Account and listing yourself as Available to Drive, you represent and warrant that your vehicle:    

  1. Is registered in the driver’s name or be registered in a business name where the driver is named on the business’ insurance policy;
    1. is registered in your state or country.
    2. is covered by compulsory third-party personal injury or comprehensive insurance
    3. does not have any significant internal or external wear and tear, such as, but not limited to, upholstery stains or significant body scratches or dents;
    4. does not have any non-compliant aftermarket modifications;
    5. does not have any commercial branding;
    6. is not a convertible, ex-taxi, instructor vehicle, or commercial vehicle such as a bus, truck, or utility van; and

complies with the vehicle requirements published by the official transport authority in your state, as updated from time to time

 Payments & Billing:  

Vendors/Partners – by using our Services you agree to pay commission fees due to the Company and that you expressly agree that we are authorized to charge your selected payment plan on the Payment Method you designate. You acknowledge that the Company commission is pegged at 18% of the transaction cost. You also acknowledge that the Company may revise the commission fee at its discretion.

Customers – You expressly agree to pay the cost of your product/s or order and delivery fees using your preferred Payment Method which you can change at any time on your dashboard. The Company makes no guarantee as to the quality of products purchased via the Company website or Application. You agree that your products be delivered to you as practically possible taking into consideration the mode of delivery, the weather, the traffic status, and the availability of couriers.

Couriers/Drivers/Delivery Agents –You agree that the full delivery fee (including the tips given) is your income/fee/commission for the service rendered. The delivery fee is a sum total of the base fee, per km fee, and minute fee. You acknowledge these charges can be changed depending on fuel costs and other economic factors. You agree to pay Taxes as per the law and that you are responsible for declaring your earnings to the tax authorities.

RELATIONSHIP WITH DRIVERS/DELIVERY AGENTS/COURIERS

The relationship between the Company and the Driver/Courier/Delivery agent is of a principal and an independent contractor. Nothing in this contractual agreement constitutes or deems the Driver/Courier/Delivery agent to be an employee or agent of the Company. By using our Services, you confirm and agree to all contractual terms.

BINDING CONTRACT (Driver/Courier/Delivery Agent & Vendor)

You agree that when a vendor submits a request to deliver an order, this constitutes their intention and offer to enter into a contract with you, where you will provide the vendor with the service available to deliver what they responded to in exchange for payment of the delivery. A contract is formed in this respect when you respond to a request to deliver with an email or message on the platform confirming that you accept the vendor’s offer. You agree to fulfill that contract. You agree to treat the vendor and the customer professionally.  You are required to treat all Users with respect regardless of gender, race, color, language, nationality, tribe, political affiliation, or physical impairment. Any allegations of sexual abuse or harassment will be reported to law enforcement authorities for further investigation. The company reserves the right to suspend or deactivate the driver’s account at any time even without explanation.

WARRANTIES (Driver/Courier/Delivery Agent)

By listing yourself as a Driver/Courier/Delivery Agent on our platform and posting as available to deliver, you represent and warrant that:

  1. you are generally able to fulfill the requirements of the services;
    1. you will provide the Services:
      1.  exercising due care and skill in a professional, efficient, diligent, and safe manner, and to the best industry standards; and
      2. in compliance with all applicable laws and driving regulations of the state or country. 
      3.  
      4. OFFER TO PURCHASE (All Customers)
      5. By submitting an order on the vendor’s platform, you represent and confirm that you:
        1. have the legal capacity and are of sufficient age to enter into a binding contract with us, and
        2. are authorized to use the debit or credit card or other payment method included in your order.
        3. Submitting an order on the platform constitutes your intention and offer to enter into a contract with the vendor, where the vendor will provide you with the service you have ordered in exchange for your payment of the order cost. A contract is not formed until you receive a message on the Platform from the vendor confirming that the vendor has accepted your offer.

CANCELLATIONS

The Company will have no liability or obligation to you if a vendor cancels an order at any time after they have accepted your order and you will not be entitled to any compensation from the Company.

      1. If you wish to cancel an order before the vendor has prepared it, you must contact the vendor directly and you may be charged a cancellation fee at the Company’s discretion. If the Company decides to investigate your cancellation, you must provide assistance and information to the Company as reasonably requested.

BYPASSING

You agree that while you are a Driver/Courier/Delivery Agent on our platform, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income, or other benefit, from any vendor whom you came to know about, or with whom you provided services to directly or indirectly, by using the platform. This provision will apply whether or not the vendor or their representative is still active on the platform.

      1. The Company, in its absolute discretion, may cancel your Account and suspend you from using the platform if it finds or suspects that you have breached or are in breach of this clause.

 User Comments and Suggestions: While the Company values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions. If, despite our request, users send creative ideas, inventions, or suggestions, all such submissions shall be the property of the Company in whole or in part. The Company shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial, or otherwise, without compensation to users or any other third party. No part of the submissions shall be subject to any obligation of confidence and the Company shall not be liable for any use or disclosure.

 Intellectual Property: DH Media Services Pty Ltd and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is prohibited. The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources, and graphics) are the sole and exclusive property of the Company and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. You agree that DH Media Services Pty Ltd owns and retains all rights to the Services that its content is solely owned and controlled by the content provider and that all such material is protected and copyrighted, trademarked, and protected by copyright, trademark, and other intellectual property common and statutory laws of South Africa and other countries we do business. You may not sell or modify the Services content or the Services, or reproduce, display, publicly perform, distribute, or otherwise use the Services in any way for any purpose.

Social Networking: Users may have the option to Twitter, Facebook, or other social networking Services through Services to share links and content. Users undertake this option as their sole responsibility, including but not limited to complying with all the terms and conditions of the social networking Services.

 Use of Software: If the Services require or include downloadable software such as an app or use of software provided by the Company for Publishers, the Company grants a personal, limited, non-exclusive, and non-transferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related online activities or services. Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose. Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute, or otherwise transfer the Software or this license. This License does not allow users to use the Software on any device that the user does not own or control, and the user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time. Users agree that the Software, including the specific design and structure, constitutes proprietary and confidential information, trade secrets and/or intellectual property of the Company. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets, or copyrighted material for your own benefit or for the benefit of any third party. Users acknowledge and agree that use of the Software may require the Company to acquire the user’s mobile phone number and perhaps additional such information to obtain access Software. Users agree that the Company may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support, and other services. The Company may use this information, as long as it is in a form that does not personally identify a user. The Company shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes. This agreement is effective until terminated by the user or the Company at its sole discretion. User’s rights under this agreement will terminate automatically without notice if the user fails to comply with any terms of this License. Upon termination, the user shall cease all use of the Software and delete all versions of the Software possessed by the user. The warranty and limitation of liability provisions set forth below apply also to the use of the Software.

Copyright Infringement Notification: If you believe that any copyrighted work is accessible through the Services in a way that constitutes copyright infringement, please notify the Company by providing our designated copyright agent with the following information: The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf; A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; Identification of the URL or other specific location on the Services where the material or activity you claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity; Your name, address, telephone number, and e-mail address; A statement by you, made under penalty of perjury, that (i) the information you have provided is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) you have a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you can send the Company a counter-notice that includes the following: Your name address, and telephone number; The source address of the removed content; A statement under penalty of perjury that you have a good faith belief that the content was removed in error; and A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of South Africa, for any judicial district in which the Website may be found, and that you will accept service of process from the person who provided the original complaint. Please note that the South Africa Copyright Act prohibits the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury. The Company will designate and initiate legal advice pertaining to that matter and all received notices of claims of copyright infringement.

Warranty disclaimers: the services are provided “as is” and “as available”, with all faults and without warranty of any kind, and company hereby disclaims all warranties and conditions with respect to the services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights. the company does not warrant that the services will meet user requirements or be of benefit, that the operation of services will be uninterrupted or error-free, or that the services are free of computer viruses or other harmful mechanisms. should the licensed application or services prove defective, the company is not responsible for those costs associated with the need for servicing or replacing equipment or data. the company makes no warranties about the accuracy, reliability, completeness or timeliness of the services or user generated content offered or any other content accessed through the services. the transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. accordingly, the company does not assume any liability for any damage users may experience or costs users may incur because of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. in no event will such data or information be deemed to be confidential, create any fiduciary obligations on the company’s part, or result in any liability to you if such information is inadvertently released or accessed by third parties without consent. the company takes no responsibility whatsoever for the information you have uploaded to the services and shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of such information, or failure to store any of such information. nor is the company responsible for loss of information through the action of any third party or because of circumstances beyond the company’s control. all users are expected to have their own backup of all their information. to the fullest extent permissible under applicable law, user understands and agrees that neither the company nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors, vendors, or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from use of the services or from any actions the company takes or fails to take. these include but are not limited to damages for errors, omissions, interruptions, defects/sub-standard products, delays, computer viruses, lost profits, loss of data, business interruption, unauthorized access to and alteration of transmissions and data, bodily injury, emotional distress and other tangible and intangible losses. this limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if advised of the possibility of such damages. company’s maximum liability arising out of or in connection with this service or use of the services, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the amount, if any, paid for the services. the company is not responsible for the deletion or loss of files or information uploaded to the services. all users are expected to have their own backup of all files and information uploaded to the services.

Limitation of liabilities: in addition to any limitation of liability set forth herein, to the fullest extent permissible under applicable law, user understands and agrees that neither the company nor any of its affiliates or subsidiaries, or any of their respective directors, officers, employees, partners, representatives, contractors or agents shall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary or any other damages relating to or resulting from your use or inability to use the services or from any actions the company takes or fails to take. these include damages for errors, omissions, interruptions, defects, delays, computer viruses, loss of profits, loss of data, unauthorized access to and alteration of transmissions and data, emotional distress and other tangible and intangible losses. this limitation applies regardless of whether the damages are claimed under warranty, contract, negligence, tort, or any other legal theory, and even if the company or its representatives have been advised of the possibility of such damages. company’s maximum liability arising out of or in connection with your use of the services, regardless of the cause of action, will not exceed the amount, if any, paid for the services.

Indemnification: Users agree to defend, indemnify, and hold harmless the company and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and partners, harmless from and against any loss, liability, claim, action, or demand, including without limitation reasonable legal and accounting fees, alleges, or resulting from (i) your use of the services; (ii) any user-generated content, product, or communications, or (iii) your breach of the terms of this agreement. the company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. the company reserves the right to assume the exclusive defense and control of any matter subject to immediate indemnification.

 Communications: By using our Services you consent to receive electronic communications from the Company. These communications will include emails about your account, password, access, marketing, transactional, and other information related to the Services and to your account.

TERMINATION/ACCOUNT DELETION

The Company reserves the right to terminate a User’s access to any or all of the Platform (including any listings at any time without notice, for any reason.

      1. In the event that a User’s Account is terminated:
        1. The user’s access to all posting tools on the Platform will be revoked;
        2. The user will be unable to view their details (including contact details, geographic details, and any other personal details); and
        3. All User details will also be removed from the Platform within 90 days.
      2. Users may terminate their Account on the platform at any time by using the Platform’s functionality where such functionality is available. Where such functionality is not available, Users can request the Company to delete via the email [email protected]. The Company will effect such termination within a reasonable time (typically within 72 hours) after receiving written notice from the User.

 

Additional Terms and Conditions: Nothing in this Agreement is intended to create or will be construed as creating a joint venture, partnership, employer/employee, or principal and agent relationship between users and the Company. These Terms of Service shall be governed by and construed in accordance with the laws of South Africa (or any jurisdiction where we do business) applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in South Africa (or any jurisdiction where we do business) in connection with any action arising out of or related to these Terms of Service and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action. If any court having competent jurisdiction holds any provision of this Terms of Service invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms of Service shall continue in full force and effect. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it unless such party issues an express written waiver, signed by a duly authorized representative. You may not assign these Terms of Service or any of your rights or obligations hereunder. Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each user and it does not create any rights for any other parties.

Our contact email: [email protected].

DH Media Services Pty Ltd and affiliates.

Last updated on 20th July 20204

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