SDRIVE – Designated Driver Service

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1.1 The “Service” means the designated driver service rendered by S Drive to the Member in terms of this Agreement;

1.2 “Service call out” means the action in which the Member contacts our call centre on the National Booking Number: 087 235 1011 and requests the Service from a Collection Point to the Drop Off Point;

1.3 “Pre-Booking” means a Service Call Out made at least 4 (four) hours prior to the collection time, requesting a specific collection time;

1.4 “Ad Hoc Booking” means a Service Booking with 2 (two) hour notification;

1.5 “Operating Hours” means:

     Off-Peak Times - Sunday evening to Thursday evening and Peak Times Thursday evening to Sunday morning. Last bookings to be taken by 1 am and last pick-ups at 3 am. Last booking and pick up times apply for both Peak and Off-Peak Times.

1.9 “Designated Driver Service" means that the member is transported back home in their own vehicle using an SDrive driver, who is followed by another vehicle to collect him at the final destination.

1.10 "Service Area” means the geographical areas in which SDrive provides the service, as outlined on the website www.sdrive.co.za; this is to be amended from time to time at the discretion of the service provider;

1.11 “Drop Off Point” means the address where the Member requests to be dropped off on completion of the Service;

1.12 “Member” means the person who successfully enters into this agreement with SDrive and utilises the service;
 
1.13 “Members vehicle” means the specified vehicle the Member requires the Driver to operate in terms of the “Designated Driver Service” as defined on the website stated in point 1.9;

1.14 The “Agreement” means this agreement; any or all other agreements between contracting parties constitute to separate agreements and not fall within the definition and interpretation of this agreement.

1.15 "SDrive" means Ec Three (PTY) Ltd (2013/023044/07)

1.16 "Trip" shall mean the distance no more than 50kms from point of pickup to point of drop-off, and only in respective cities covered (published on website) to be amended at the discretion of the service provider from time to time. E&OE.

​1.18 Unused benefits, including but not limited to trips, do not carry over and are tacitly forfeited.

1.20 “Call Centre Hours” means Mondays to Fridays  08h00 – 17h00
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1.22 "Customer Care Hours" shall mean Monday to Friday 08h00 - 17h00

Service Provided:

2.1 SDrive undertakes to provide the Service to the Member during the Operating Hours and within the Service Area.

2.2 The Member undertakes to provide his full co-operation in order for SDrive to carry out the Service. The member acknowledges that this understanding is a material term of this agreement.

2.3 The Service will be provided as according to the website www.sdrive.co.za [E&OE]

2.4 The Member must contact the SDrive call centre to log a Service Call Out during the call centre hours.

2.5 SDrive will attend to the Service Call Out during the operating hours highlighted in the agreement.
 
2.6 The Member will only be transported from the Collection Point to the Drop-Off Point in the motor vehicle provided by the Member for the SDrive Designated Driver service.

2.7 Service call outs must be logged with the SDrive Call Centre at least 1 (one) hour prior to the closure of the SDrive call center, the Operating Hours of which are outlined in 1.2 above;

2.8 The Member is obliged to remain contactable by the Call Centre after logging a Service Call Out and provide access to the Driver to enter the Collection Point.

2.9 The Member shall ensure that SDrive personnel have clear and unimpeded access to the Collection Point at all times relevant to the execution of the Service.

2.12 The Member may be required to produce acceptable proof of identification when using the Service.

2.13 Cancellations are only accepted with at least one hour notice and should only be deemed accepted, once acknowledgement of receipt of the request has been confirmed by SDrive. Should the Member cancel the Service with less than 1 (one) hour notification before the booked Collection Time or not honour the booking request, the Member shall be liable for a Service Call Out cancellation fee.

2.14 In respect of Service Call Outs booked for Christmas Eve (24 December), Christmas Day (25 December),New Year’s Eve (31 December) and New Year’s Day (1 January), no Ad Hoc bookings will be accepted and the Service accordingly Pre-booked. Pre-bookings are taken on a ‘first come first serviced’ basis and will close once the available number of bookings, as determined by SDrive, has been made. Surcharges and condition of prepayment may apply to bookings made for these days by members.

Indemnifications: 

3.1 SDrive undertakes to take reasonable care in providing the Service.

3.2 The Member expressly acknowledges that the Service is inherently risky and accordingly agrees to irrevocably indemnify SDrive, its directors, employees and sub-contractors against any claim, including but not limited to third party claims, for material damages, either direct or indirectly to property or in respect of , injury, death or illness which may be instituted against any one or more of them by the Member, his estate or successors in title, arising out of or in connection with, any negligent conduct of SDrive, its directors or employees and subcontractors from being held responsible  for any such liability as aforementioned.

3.3 The Member expressly acknowledges that the Service is for the Member's use only.

3.4 SDrive does not warrant the Service to the Member in case of unforeseen eventualities, ie, SDrive cannot be construed as an emergency assist service, all bookings are to be made in advance.

3.5 The Member agrees that the appropriate insurance cover is in place in respect of the Member’s motor vehicle and extends to any or all alternate drivers including but not limited to drivers under the age of 25 driving the Member's motor vehicle, so as to include any SDrive representative providing the Service.
 
4 Cession:
The parties hereby agree that SDrive is entitled to cede any part of or all of its rights and obligations acquired under the Agreement, including but not limited to what is expressly stated within the agreement relating to the service, at any time and to any entity.

5 Domicilium Citandi Et Executandi:

5.1 The Service provider chooses  as their domicilium et executandi for all purposes under this Agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the following addresses:

5.2 Physical: Ec Three (PTY) Ltd –1356 Old North Coast Road, Durban 4051.

5.3 The Member – the email address and or cell phone number for short message service notification as provided by the Member under Member Details in this Agreement

6.1 The Member consents to SDrive sending various communications including invoices and statements through various means including but not limited to email, SMS and telephonic to the contact details as provided by the Member in this Agreement.

6.2 As the service provider under the Agreement, SDrive shall be entitled to sub-contract its obligations under this Agreement provided that the sub-contracted service provider shall be liable to the Member for the performance of the Service.
 
8.Fair usage policy: 

8.1 All memberships are subject to “fair usage” and may be cancelled should there be abuse. No more than two (2) trips may be used in a single calendar year.

8.2 Vehicular ownership - It is a precondition of all our memberships that the paying member has ownership of a valid licensed motor vehicle. It may be requested from time to time to show proof of ownership and provide registration details. Failure to prove (if requested) may result in the termination of the membership. (E&OE)

10. Force Majeure:

10.1 SDrive shall not be liable for any failure to fulfil its obligations under the Agreement to the extent that such failure is caused by any circumstances beyond its reasonable control, including but not limited to flood, fire, earthquake, war tempest, hurricane, industrial action, government restrictions or acts of God.
 
10.2 Should the Service Provider be unable to fulfil its obligations under this Agreement for a period in excess of 30 (thirty) minutes of the collection time due to circumstances beyond its control, as contemplated in clause 10.1, the Client may, in its sole discretion, cancel the trip in question.
 

DISCLAIMER

The services are provided "as is" and "as available." SDrive 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, SDrive 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. SDrive 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.

LIMITATION OF LIABILITY

SDrive 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 SDrive has been advised of the possibility of such damages. SDrive shall not be liable for any damages, liability or losses arising out of;
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 SDrive has been advised of the possibility of such damages.
 
SDrive shall not be liable for delay or failure in performance resulting from causes beyond SDrive’ s reasonable control. You acknowledge that third party transportation providers providing transportation services requested through some request brands may offer ride-sharing or peer-to-peer transportation services and may not be professionally licensed or permitted. In no event shall SDrive’ s total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred South African Rands (ZAR R500).

SDrive 's services may be used by you to request and schedule transportation services with third party providers, but you agree that SDrive has no responsibility or liability to you related to any transportation services provided to you by third party providers other than as expressly set forth in these terms. The limitations and disclaimer in this section does not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Indemnity.

You agree to indemnify and hold SDrive 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:
 

1. your use of the Services or services or goods obtained through your use of the Services;

2. (ii) your breach or violation of any of these Terms;

1. (iii) SDrive 's use of your User Content or;

1. (iv) your violation of the rights of any third party, including Third Party Providers.