1. INTRODUCTION
1.1. This website ‘www.scoothero.co.za (Website) and the ScootHero mobile application / Progressive web app (“App”) [together referred to as the “Sites”] are owned and operated by ScootHero(Pty) Ltd, (ScootHero, us, we, our), a private company registered in the Republic of South Africa.
1.2. ScootHero provides the information, text, graphics, photos, and other materials uploaded, downloaded, or appearing on the Sites (“Content”) contained on the Sites and the pages comprising the Sites to offer online purchase and rental services advertised on the Sites from time to time (“Service/s”) to users (“you”).
1.3.
FLEET MANAGER an individual or sole proprietorship or independent company or any other corporate entity in the business of providing transportation services through drivers who are contracted by a fleet partner. (“Fleet Manager”)
BIKE OWNER an individual who buys bikes in their personal capacity and then looks for vetted, slotted (uber/bolt/Mr D) drivers. (“Bike Owner”)
OWNER OPERATOR an individual who passes the onboarding requirements of ScootHero and who is authorised to access the ScootHero services and platform in order to provide transportation service to users. This includes drivers who rent bikes from Bike Owners.
1.4. NOTE: Please read these User Terms carefully. Certain of them (indicated in bold) limit our liability or place liability on you. If you have any queries, please contact us at ‘info@scoothero.com’
2. BINDING AGREEMENT
2.1. These terms and conditions, together with our Privacy Notice and Cookie Notice (all referred to herein as the “User Terms”), which you will be deemed to have read and understood will form a binding and enforceable contract between you and ScootHero when you visit, browse, download and/ or use the Sites. Please read these User Terms carefully.
2.2. These User Terms apply when you visit the Sites for the first time and throughout your use of the Sites. The latest version of these User Terms applies each time you visit this site.
2.3. If You do not agree to these User Terms, do not download or use the App and/or the Website.
2.4. We may amend these User Terms at any time. The version applicable to your contract is the version that is posted on the Sites at the time you access, browse, view, or use the Sites. Each time you use a Site you should check the User Terms to ensure that you agree to them in their current form. Your continued access to or use of the Sites and the Services after amendments are made to the User Terms will be deemed to be Your consent to be bound by the User Terms, as amended. If You do not agree to the amended or updated User Terms, you must stop using the Sites.
2.5. We may immediately terminate these User Terms or any Services with respect to You, or generally cease offering or deny access to the Sites and services, at any time for any reason.
2.6. Please note that the User Terms stated in this document refer to the use by you of the Sites and are separate from and in addition to any commercial agreement concluded between you and ScootHero or any other third party pursuant to the use of the Sites.
3. ONLINE SERVICES
3.1. Before you can use our services, you must register with us as a user on the Sites, and we must accept your registration. We may accept or reject your registration at our sole discretion (in our own judgment) without giving reasons.
3.2. Separate terms and conditions apply to specific services which we offer. You can read these at the section of the Sites where the relevant services are provided. If there is any difference between these User Terms and the specific terms and conditions of any services, those specific terms and conditions will apply.
4. USE OF THE SITES
4.1. Content
4.1.1. While we make every effort to update the information provided on the Sites on a regular basis, we make no representations or warranties, whether express, implied in law, or residual, as to the accuracy, completeness, or reliability of any Content on the Sites.
4.1.2. We reserve the right at any time to change or discontinue without notice, any aspect or feature of the Sites and any Service and/or Content on the Sites.
4.2. Use Of The Sites And Indemnification
4.2.1. By accessing a Site and using the Services, you warrant and represent to us that you are over 18 years of age and legally entitled to do so and have the required legal capacity to conclude legally binding transactions.
4.2.2.You warrant that you will not use the Sites, the Service/s, Content, or any information made available/sent to you by us pursuant to your use of a Site for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the User Terms.
4.2.3.You hereby indemnify us against any loss, liability, damage, or expense of whatever nature which we or any third party (including, without limitation, Sellers) may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the warranties in this clause.
4.2.4. You understand and agree that we do not review, or purport to review, any submitted Content and we reserve the right to remove any Content from the Sites that we deem in our sole discretion to be harmful in any way. We reserve the right to suspend or terminate your access to all or parts of the Sites and services, without any further notice to you.
4.3. Cookies
4.3.1. When you visit our Sites, we may make use of “cookies” to automatically collect information and data about users. Please see our Cookie Notice for details about our cookie practices.
4.3.2. If you do not want information collected by means of cookies, please disable the use of cookies in your web browser.
4.3.3. Cookies may, however, be necessary to provide you with certain features available on the Sites. If you disable cookies you may not be able to use these features, and your access to the Sites will be limited.
4.4. Security
4.4.1. We will take all reasonable technical and organizational measures to protect any information transmitted over the Sites.
4.4.2. We do not guarantee the security of any information transmitted online to us and you accept the risk of providing information on the Sites.
4.4.3. ScootHero will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Site or the Content.
4.5. Copyright And Intellectual Property
4.5.1. All copyright and other intellectual property rights in all Content on our Sites and in our communications with you, including copyright, trademarks (both names and logos), and registered domain names (altogether, hereinafter referred to as “Intellectual Property”) are either owned by ScootHero or other third parties and their affiliated companies or are included with permission or license of the relevant owner and are protected by both South African and international intellectual property laws and we and our licensors retain all rights in and to the Intellectual Property.
4.5.2. Any unauthorized use, copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast, or other circulation or exploitation of such material or any component thereof will constitute an infringement of such Intellectual Property rights.
4.5.3. You are permitted to browse our Sites and to reproduce extracts by way of printing, downloading to a hard disk, and by distribution to other people but, in all cases, for non-commercial,
informational, and personal purposes only for purposes of using the Services. No license or right is granted in this regard.
4.6. Third Party Content And External Links
4.6.1. Our Site includes products or content, including advertisements from third parties, or external links to other websites having their own content, or any other third-party content (“Third Party Content”).
4.6.2. You acknowledge that the Third-Party Content –
4.6.2.1. is beyond our control and that any reliance on any representation, statement, or information contained in Third Party Content is at your risk;
4.6.2.2. is not verified by us and that we do not determine nor guarantee its lawfulness, accuracy, or reasonableness; and
4.6.2.3. May contain representations, statements, or information that does not represent the views, opinions, or beliefs of ScootHero, its associates, directors, employees, or affiliates.
4.6.3. We are not responsible for and we do not endorse, support, or guarantee the quality, reliability, or suitability of any such Third-Party Content. Any reliance on or use of such Third-Party Content is at your own risk.
4.6.4. Third Party Content may be subject to additional terms and conditions. It is your responsibility to read and adhere to such additional terms and conditions, including the terms and conditions of the Site.
4.7. Further Restrictions
4.7.1. You agree that you will not, in respect of the Sites or Services:
4.7.1.1. remove any copyright, trademark, or other proprietary notices from any portion thereof;
4.7.1.2. 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;
4.7.1.3. Decompile, reverse engineer or disassemble any part thereof except as may be permitted by applicable law;
4.7.1.4. Link to, mirror, or frame any portion of thereof;
4.7.1.5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion thereof or unduly burdening or hindering the operation and/or functionality of any aspect thereof;
4.7.1.6. Attempt to gain unauthorized access to or impair any aspect thereof or in respect of related systems or networks; or
4.7.1.7. Use any technology to search and /or gain information therefrom.
4.7.2. You may not use the Sites to distribute material that is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful.
4.7.3. You may not in any way display, publish, copy, print, post, or otherwise use the Sites and/or the Content contained.
4.7.4. You agree that You will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Sites. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Sites, services or the Content.
4.8. Network Access and Devices.
4.8.1. You are responsible for obtaining the data network access necessary to use the Sites.
4.8.2. Your mobile network’s data and messaging rates and fees may apply if you access or use the Sites from a wireless-enabled device. You will be responsible for those rates and fees.
4.8.3. We do not guarantee that the Sites or Services will function on all hardware or devices.
4.8.4. The Sites and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications which we cannot take responsibility for.
4.9. Interruption of Services
4.9.1. We give no warranty that our Sites or Services will be satisfactory to you.
4.9.2. We will do all we can to maintain access to our Sites, but it may be necessary for us to suspend all or part of our Sites for repairs, maintenance, or other reasons. We may do so without telling you first.
4.9.3. You acknowledge that our Sites and/ or services may also be interrupted for reasons beyond our control.
4.9.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Sites or Services.
5. DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNITY
5.1.1. Disclaimer
5.1.1.1. You use our Sites and the Services at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Sites and/or the Services or reliance on any information on the Sites. If any such representations or warranties are made by ScootHero’s representatives, ScootHero shall not be bound thereby.
5.1.1.2. While ScootHero endeavors to ensure that the information on our Sites is correct, we do not warrant the accuracy and completeness of Content or that Content is free from errors or omissions.
5.1.1.3. To the extent allowed by Law, ScootHero shall not be liable for any damage, loss, or liability of whatsoever nature arising from the use or inability to use the Sites or Services or Content provided from or through the Sites.
5.1.1.4. ScootHero will not, to the extent permitted by applicable laws, be liable under any circumstances for any indirect, special, consequential, exemplary or punitive damages or for any loss of business, revenues, profits, goodwill, content or data arising out of your use of the Sites.
5.1.1.5. Any views or statements made or expressed on the Sites are not necessarily the views of ScootHero, its directors, employees, and/or agents. And we shall not be bound thereby or liable in any way as a result of reliance thereon.
5.1.1.6. In addition to the disclaimers contained elsewhere in these User Terms, ScootHero also makes no warranty or representation, whether express or implied, that the information or files available on the Sites are free of viruses, spyware, malware, trojans, destructive materials, or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials, or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of ScootHero, its employees, agents or authorized representatives. ScootHero thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to or use of the Sites.
5.1.1.7. ScootHero does not guarantee the suitability of the Services for your requirements.
5.1.1.8. We do not warrant the availability of the Sites at all times, including in cases where there is a connection interruption on the Sites that is undergoing maintenance or upgrades.
5.1.1.9. The Sites may contain documents created by and information from third parties. The third parties are independent parties and do not have any partnership, joint venture, or agency relationship with ScootHero.
5.1.1.10. Information provided by other users or third parties on the Sites may contain links to third-party websites that are not owned or controlled by us. We are not liable for any loss, damage, or other liability arising from your use of any third-party websites or for the content, privacy policies, or practices of any third-party websites.
5.2. Limitation Of Liability
5.2.1. To the maximum extent permitted by law, we will not be liable in any way for any loss, damage or other liability of whatsoever nature resulting from:
5.2.1.1. Your use of the Sites and Services;
5.2.1.2. Your inability to use the Sites or Services;
5.2.1.2.1. The unauthorized use or disclosure of your personal information by a third party where you have given us permission to share it with them;
5.2.1.2.2. Any breach of security over the Sites unless it is due to our gross negligence; or
5.2.1.2.3. Any termination of communications with you.
5.2.2. Without limiting the generality of the foregoing, ScootHero shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or canceled.
5.3. Indemnity
5.3.1. You agree to indemnify and hold ScootHero 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, including, any loss, claim or damage which may be suffered by you or a third party for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon the Sites and/or Services.
6. GENERAL
6.1. Proof Of Contents
A letter signed by us of the operation or functionality of any part of the online services and the Site Content on any date is accepted as correct until proved otherwise.
6.2. Severance
If any clause in these User Terms is invalid or illegal or cannot be enforced, those causes will be severed and the remaining clauses will continue to be valid.
6.3.1. These User Terms are governed by the law of South Africa.
6.3.2. Except to the extent that any other regulatory authority has jurisdiction, you agree that the High Court of South Africa has jurisdiction over any disputes arising from these User Terms.
6.4. Compliance With Legislation
ScootHero will not tolerate anyone using the Sites (including the registration process) in contravention of any law, whether in common law or statute, and reserves the right to take action against anyone doing so, including laying a criminal charge, where applicable.
7. ADDITIONAL INFORMATION PROVIDED IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 2002
7.1. ScootHero Proprietary Limited is a company registered in the Republic of South Africa.
7.2. We conduct a software development business and own the Sites and business-related thereto,
7.3. A list of officer bearers can be requested from ‘info@scoothero.co.za
7.4. Our physical address is Tungsten Park, Unit 2e, 7CR Swarts Drive,Tungsten Park, Randpark Ridge, Johannesburg7.5. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here https://www.justice.gov.za/paia/paia.htm