FREELANCE DRIVERS TERMS AND CONDITIONS
The access to and continued use of the HBC Trading t/a Freelance Drivers website at the domain name www.freelancedrivers.co.za and (the “Site”) constitutes your acceptance of and compliance with the following provisions contained herein. You must familiarize yourself these provisions and if you do not agree with it, you should immediately discontinue the use of this Site. The last revision date for these terms and conditions is set forth below.
HBC Trading t/a Freelance Drivers reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to the Site and it is your obligation to periodically check these terms and conditions at the Site for changes and updates. Your continued use of the Site following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these terms and conditions, including such changes and updates.
- HBC Trading t/a Freelance Drivers is a driving referral platform which enables people to sign up as drivers and companies seeking drivers in order to perform a service and earn payment on the successful conclusion of the service. Such earnings (as offered by each individual member Supplier) will be between the companies that does the hiring and the driver selected.
- Drivers refers to a person that seeks driving opportunity and provides a service.
- Companies refers to a business that seeks a driver and a service.
- You will earn payment on your own availability, should a company decide to choose you as a driver.
Process agreement and elaboration:
- The company will sign up to HBC Trading t/a Freelance Drivers and have 3 months free access, there after a monthly subscription to access the website is payable.
- Should the companies want a list of names from HBC Trading t/a Freelance Drivers, the company will be invoiced by HBC Trading t/a Freelance Drivers and upon payment, they will receive a list of 5 drivers name.
- The Company must make payment on such invoices within 7 days of receipt thereof or face immediate suspension.
- Payment for the service delivered is between the driver and the company.
- In a case where a company is interested in a driver, the driver status must be updated accordingly and the status changed within this time frame. In a case where a company is not interested in a driver, the driver status must be updated accordingly and the status changed.
- Should a driver wish for HBC Trading t/a Freelance Drivers to create or update his CV, HBC Trading t/a Freelance Drivers will do so at an additional fee payable upfront.
- Drivers undertake to provide a professional and efficient service at all times.
- Companies indemnify Freelance Drivers and their clients of any liability associated with lost / stole or damaged goods in transit.
- The Driver take full responsibility and liability for all goods in transit with regards to goods being lost/ stole or damaged.
- Companies are able to sign up as Drivers as well, with the purpose of providing service to other member companies.
- HBC Trading t/a Freelance Drivers is allowed to use the Website to add Drivers for Companies;
- HBC Trading t/a Freelance Drivers will only provide true, legitimate and accurate information when setting up a referral;
- HBC Trading t/a Freelance Drivers reserves the right to remove any driver or company from the website at any time for any reason.
- The drivers will only earn payment in accordance with the agreement with companies and such earnings is only payable once the funds have been received by HBC Trading t/a Freelance Drivers.
- In cases where companies renege on commissions or payment, Freelance Drivers have the right to suspend the company immediately. In such cases HBC Trading t/a Freelance Drivers cannot be held responsible for commission payments to the driver.
- HBC Trading t/a Freelance Drivers do not make any promise of employment for any driver at any time.
- Reserved Rights and Grant of Limited Licence – HBC Trading t/a Freelance Drivers owns the intellectual property rights, including copyright, or has acquired the necessary licenses, in the information, including all text, HTML code, multimedia clips, images, graphics, icons, Java code, and the selection and arrangement of the contents of the Site ( the “Information”)
- You are granted a limited license to access and to use short extracts of the Information for your own personal non-commercial use only, provided the Information is not modified. Freelance Drivers will not be responsible for any consequential damages resulting from such use. Any other use of the Information is prohibited. None of the Information may be otherwise reproduced, republished, re-disseminated, downloaded (other than page caching), modified in any manner or form.
- HBC Trading t/a Freelance Drivers reserves the right to terminate the permission or license granted by it in terms hereof and/or to restrict the use of and access to the Site.
- Solicitation – No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions.
- Endorsement – The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than HBC Trading t/a Freelance Drivers, and HBC Trading t/a Freelance Drivers does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, HBC Trading t/a Freelance Drivers is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites.
- A link to another site should not be construed to mean that HBC Trading t/a Freelance Drivers is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
- The mention of another party or its product or service on the Site should not be construed as an endorsement by HBC Trading t/a Freelance Drivers of that party or its product or service.
- Advice or Warranties – The Information on the Site including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information at the Site without seeking the advice of a professional. HBC Trading t/a Freelance Drivers is not responsible for any content or information that you may find undesirable or objectionable.
- Liability – HBC Trading t/a Freelance Drivers will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Site or in reliance on the information available on the Site, including but not limited to, any loss of use, lost data, lost business profits, business interruption, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action.
- Trademarks – Certain words, phrases, names, designs or logos used on the Site may constitute trademarks, service marks or trade names of HBC Trading t/a Freelance Drivers or other entities. The display of any such marks or names on the Site does not imply that a license has been granted by HBC Trading t/a Freelance Drivers or other entities for use thereof.
- Confidentiality – HBC Trading t/a Freelance Drivers may need to provide, collect, use, store or process Personal Information. You hereby authorise such collection, use, storage and processing where the need arises.
- HBC Trading t/a Freelance Drivers shall only provide, collect, use, store or process Personal Information:
- in compliance with the South Africa Protection of Personal Information Act ( POPI);
- as is necessary for the purposes of this agreement; and
- in accordance with the lawful and reasonable instructions of the Party providing the Personal Information.
- HBC Trading t/a Freelance Drivers shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage.
- HBC Trading t/a Freelance Drivers shall follow its archiving procedures for Customer Data as set out in its Back-Up Policy as may be notified to the Customer from time to time, as such document may be amended by HBC Trading t/a Freelance Drivers in its sole discretion from time to time. In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for HBC Trading t/a Freelance Drivers to use reasonable commercial endeavours to restore the lost or damaged Customer data from the latest back-up of such Customer data maintained by HBC Trading t/a Freelance Drivers in accordance with the archiving procedure described in its Back-Up Policy. HBC Trading t/a Freelance Drivers shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub- contracted by Freelance Drivers to perform services related to Customer Data maintenance and back- up).
- HBC Trading t/a Freelance Drivers shall, in providing the Services, comply with its Privacy and Security Policy relating to the privacy and security of the Customer Data available at such website address as may be notified to the Customer from time to time, as such document may be amended from time to time by HBC Trading t/a Freelance Drivers in its sole discretion.
- If HBC Trading t/a Freelance Drivers processes any personal data on your behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
- The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to HBC Trading t/a Freelance Drivers so that HBC Trading t/a Freelance Drivers may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer’s behalf;
- the Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
- HBC Trading t/a Freelance Drivers shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time; and
- Each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
- Computer Viruses – Every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should however take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
- Conformance with Law – Your use of the Site shall not violate any local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
- Applicable Law – The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.
- Disclaimer of Warranties and Limitation of Liability – HBC Trading t/a Freelance Drivers makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials or products included on this Site. You agree that the use of this Site is at your sole risk. You should not assume that the Site will be error-free or that the Site will operate without interruption. HBC Trading t/a Freelance Drivers does not warrant that this Site, its servers, or e-mails sent from it are free of viruses or other harmful code. HBC Trading t/a Freelance Drivers will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive and / or consequential damages.
- System Security – HBC Trading t/a Freelance Drivers is not liable for any damages whatsoever and howsoever arising as a result of any stolen or lost user data, or the unauthorised use of such user data save as for provided in the POPI Act.
- Transaction limits – HBC Trading t/a Freelance Drivers may need to impose certain transaction limits due to varying credit card levies imposed by the banking and credit card industry.
- Payment Errors – Should you pay an incorrect amount or entity using to the Site, HBC Trading t/a Freelance Drivers has no obligation whatsoever to rectify this error, or to assist you in any way in rectifying such error.
- Service Fee – The payment service made available through usage of the Site is offered as is. HBC Trading t/a Freelance Drivers does not warrant the availability of the Site or such service and shall not be liable in any respect for the temporary or permanent disruption in usage.
BY REGISTERING ON THIS SITE AND / OR USING ANY SERVICES OFFERED ON THIS SITE YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THE ABOVE TERMS AND CONDITIONS AND DISCLAIMER.