These Terms of Use (“Terms”) govern the access or use of an individual, who is at least 18 years of age, from within the Republic of South Africa of applications, websites, content, products, and services (the “Services”) made available by Egomoov, a proprietary limited company established in the Republic of South Africa, with registration number 2020/794717/07.
Your access and use of the Services or use of any associated software to enable the Services constitutes your express acknowledgment and agreement to be bound by these Terms and any future amendments and additions to these Terms, which establishes a contractual relationship between you and Egomoov. 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. Egomoov 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.
Egomoov only facilitates the transportation or logistics service between third party providers and you but Egomoov does not intend to provide the actual transportation or logistics services or act in any way as a transport or logistics provider to you, and takes no responsibility or liability for any transportation provided to you. You acknowledge that Egomoov does not guarantee the services of the driver which is a third party provider, does not employ such driver and shall take no part arising from your relationship, contractual or otherwise with the driver.
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.
Egomoov may amend the Terms related to the Services from time to time. Amendments will be effective upon Egomoov’s posting of such updated Terms at this location 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.
Our collection and use of personal information in connection with the Services is as provided in Egomoov’s Privacy Policy located at www.egomoov.com/privacy. Egomoov may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
The Services constitute a technology platform that enables users of Egomoov’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Egomoov or certain of Egomoov’s affiliates (“Third Party Providers”). Unless otherwise agreed by Egomoov in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
Use of the Services allows you to obtain transportation services from a third party driver. The transportation services are only permitted for the moving of items, and shall not include, nor permit them to include your person. Should you request the driver to allow you to travel with him, you shall do so entirely at your own risk.
Use of the Services shall not form part of any transaction between you and the Driver, and you do so completely at your own risk.
Egomoov shall ensure to the best of its ability that the drivers adhere to a strict code of Conduct. Notwithstanding this, the driver is an independent third party who may have their own conditions of service.
YOU ACKNOWLEDGE THAT EGOMOOV DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY EGOMOOV OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Egomoov grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely for the purpose of using the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Egomoov and Egomoov’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Egomoov; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. The Services available on the Applications shall remain the property of Egomoov.
You acknowledge that portions of the Services may be made available under Egomoov’s various brands or request options associated with transportation or logistics, including the transportation and/ or logistics request brand currently referred to as “Egomoov”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Egomoov’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Egomoov does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Egomoov does not endorse such third party services and content and in no event shall Egomoov be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS or Android-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The Services and all rights therein are and shall remain Egomoov’s property or the property of Egomoov’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Egomoov’s company names, logos, product and service names, trademarks or services marks or those of Egomoov’s licensors.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Egomoov certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or EFT). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Egomoov’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Egomoov in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages and emails as part of the normal business operation of your use of the Services. You may opt-out of receiving notifications via the app by deactivating same on the app itself. You acknowledge that opting out of receiving notifications may impact your use of the Services.
Egomoov may, in Egomoov’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Egomoov establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Egomoov; (iii) may be disabled by Egomoov at any time for any reason without liability to Egomoov; (iv) may only be used pursuant to the specific terms that Egomoov establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Egomoov reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Egomoov determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Egomoov may, in Egomoov’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Egomoov through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Egomoov, you grant Egomoov a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Egomoov’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Egomoov the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Egomoov’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Egomoov in its sole discretion, whether or not such material may be protected by law. Egomoov may, but shall not be obligated to, review, monitor, or remove User Content, at Egomoov’s sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Egomoov does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Egomoov will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Egomoov. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods.
All Charges are due immediately and payment will be facilitated by Egomoov using the preferred payment method designated in your Account, after which Egomoov will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Egomoov may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
Egomoov have "Cash" payment option, you agree that a cash payment option must be paid in full to a Third Party Provider.
You agree to pay any additional charges if you cause any delays in the carrying out the work.
As between you and Egomoov, Egomoov reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Egomoov’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Egomoov will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Egomoov may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Egomoov does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Egomoov (on Egomoov’s website, in the Application, or in Egomoov’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Egomoov provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
You may elect to cancel your request for services or goods from a Third Party Provider within a given time-frame prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
You shall be liable for all losses or damage caused to the third party provider by all dangerous goods handled and you hereby indemnify Egomoov against any claims arising in connection therewith.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Egomoov in Egomoov’s reasonable discretion, Egomoov reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Egomoov to the applicable Third Party Provider and are non-refundable.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EGOMOOV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EGOMOOV MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EGOMOOV DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
THE THIRD PARTY PROVIDERS REGISTERED WITH THE EGOMOOV APP MAY BE TRACKED THROUGH THE EGOMOOV APP. THE LOCATION TRACKING FEATURE MAY NOT BE ERROR-FREE NOR MAY IT BE ACCURATE. YOUR USE WILL BE SOLELY AT YOUR OWN RISK AND IS SOLELY FOR YOUR CONVENIENCE.
EGOMOOV SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EGOMOOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EGOMOOV SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF EGOMOOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EGOMOOV SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EGOMOOV’S REASONABLE CONTROL.
YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION OR LOGISTICS PROVIDERS PROVIDING TRANSPORTATION OR LOGISTICS SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER PEER-TO-PEER TRANSPORTATION OR LOGISTICS SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL EGOMOOV’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND RANDS (R2000-00).
SHOULD ANY DISPUTE ARISE BETWEEN YOU AND THE THIRD PARTY PROVIDER, BOTH PARTIES SHALL ENDEAVOUR TO RESOLVE THE DISPUTE AMICABLY. AS THE DISPUTE IS BETWEEN TWO PRIVATELY TRANSACTING PARTIES, YOU AND THE THIRD PARTY PROVIDER MAY DECIDE ON USING YOUR OWN METHODS TO RESOLVE SAME, IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF SOUTH AFRICA. HOWEVER, COMPLETELY AT OUR DISCRETION AND SUBJECT TO OUR TERMS AND CONDITIONS AND ANY ENTITLEMENT OFFERED THROUGH OUR SERVICES, WE MAY COMPENSATE YOU FOR A LOSS SUFFERED TO YOUR GOODS. THIS COMPENSATION SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDING THE COST OF THE TRANSPORTATION RELATED TO THE DAMAGE OR LOSS.
EGOMOOV’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EGOMOOV HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Egomoov and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Egomoov’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
You indemnify Egomoov against any damages and/or costs awarded against it if the warranty/ assurance is not true.
You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Republic of South Africa. The binding language of this agreement is English.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall prior to the User engaging any other third party, be first mandatorily submitted to Egomoov within 48 hours through its contact page.
If such Dispute has not been settled within ten (10) business days after submission has been made, such Dispute shall mandatorily be submitted to mediation proceedings. If such Dispute has not been settled within sixty (60) business days after a request for mediation has been submitted, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration. The Dispute shall be resolved by one (1) arbitrator elected in accordance with the rules of the Arbitration Foundation of South Africa. The place of both mediation and arbitration shall be Pretoria, The Republic of South Africa, without prejudice to any rights you may have under the laws of the Republic.
The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the relevant Mediation and/ or Arbitration body, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
The User consents to the jurisdiction of the Magistrates Court and/or Regional Court, for any claim, action or application which Egomoov may bring against the User.
Claims of copyright infringement should be sent to Egomoov’s designated agent. Please visit Egomoov’s web CONTACT US page for the designated address and additional information.
Egomoov may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. You may give notice to Egomoov by written communication to Egomoov's address at info@egomoov.com
You may not assign or transfer these Terms in whole or in part without Egomoov’s prior written approval. You give your approval to Egomoov for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Egomoov’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Egomoov or any Third Party Provider as a result of the contract between you and Egomoov or use of the Services.
To enusure that the Items/ goods shall be ready for loading on the date specified make sure that no items are left behind or taken away in error;
Obtain and/or purchase any document needed, giving permission for the move to be completed, such as a letter from the body corporate authorising removal of furniture;
Arrange for security for your items when they are collected or delivered, by being there yourself or by arranging someone else to be there for you;
Properly and sufficiently prepare any appliance or equipment before it is removed;
Organise and pay for any parking necessary to complete the work required;
Locking away any valuables such as money, jewellery, handbags and cellphones;
Arrange adequate and convenient access to the items to be moved such as gate access and/or house/office keys.
Ensure that all items are well packed to withstand handling and traveling.
You are strongly advised to insure your consignment against all insurance risks during collecting, moving and delivery for their full replacement value at destination.
You are the owner of the goods/items to be moved or you are authorised by the owner of the goods/item to enter into this contract and have them moved;
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Egomoov (Pty) Ltd would like to welcome you to our website by clicking on the link www.egomoov.com. By viewing our website, you hereby acknowledge that you have read, understood and accepted the disclaimers.