1. Background – Terms
The access or use by you, an individual or company (“user”), from within the Republic of South Africa, of products, services, applications, websites, and content, (the “services”) made available by WRAPP – waste, a brand of WRAPP Technologies Pty Ltd (“WRAPP”), are governed here by this document, referred to further as the “terms”.
A contractual relationship between the user and WRAPP arises when the user accesses and/or uses the services and constitutes your agreement to be bound by these terms. Failing to agree to these terms will result that you may not access or use the services. WRAPP may immediately terminate these terms at any time for any reason.
WRAPP may amend the terms related to the services from time to time. Such changes will be effective upon WRAPP’s posting of such updated terms on its website or application or other services. Your continued use of the services after such posting constitutes your consent to be bound by the amended terms.
2. The Services
The services make up a technology platform that enables users of WRAPP’s mobile applications or websites provided as part of the services (each, an “application”) to arrange and schedule waste removal 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 WRAPP or certain of WRAPP affiliates (“third-party providers”). You acknowledge that WRAPP is a Techonolgy company and 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 WRAPP or any of its affiliates.
Services Include Collect, Transport, Store & Dispose and/or Recycling of Waste
WRAPP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the applications on your personal device solely in connection with your use of 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 WRAPP and WRAPP’s licensors.
2.2 Provision of the Additional Services
You acknowledge that portions of the services may be made available under WRAPP’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “WRAPP – recyc, WRAPP, WRAPP – aup etc. You also acknowledge that the services may be made available under such brands or request options by or in connection with: (i) certain of WRAPP’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.
2.3 Third-party Services and Content
The services and all rights therein are and shall remain WRAPP’s property or the property of WRAPP’s licensors. Neither these terms nor your use of the services conveys 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 WRAPPs company names, logos, product and service names, trademarks or services marks or those of WRAPP’s licensors.
3. Your Use of the Services
3.1 User Accounts
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, or the age of legal majority in your jurisdiction (if different than 18), to obtain an account. Account registration requires you to submit to WRAPP certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method. 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 WRAPP’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 always. Unless otherwise permitted by WRAPP in writing, you may only possess one account.
3.2 User Requirements and Conduct
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 cases, 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.
3.3 Paperless transactions – Pop Up, Text Messaging and Email
By creating an account, you agree that the services may send you informational text (SMS) messages or email as part of the normal business operation of your use of the services. You may opt-out of receiving text (SMS) messages or email from WRAPP at any time by sending an email to email@example.com that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages and email may impact your use of the services.
Our digital Communications to you are confirmation of our service delivery actions by our independent service providers. All notifications from WRAPP – is confirmation of legally binding.
3.4 User Provided Content
In WRAPP’s sole discretion, WRAPP may permit you from time to time to submit, upload, publish or otherwise make available to WRAPP 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 WRAPP, you grant WRAPP 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 WRAPP’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 WRAPP 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 WRAPP’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 WRAPP in its sole discretion, whether such material may be protected by law. WRAPP may, but shall not be obligated to, review, monitor, or remove user content, at WRAPP’s sole discretion and at any time and for any reason, without notice to you.
3.5 Network Access and Devices
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. WRAPP 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 you receive from a third-party provider (“charges”). After you have received services obtained through your use of the service, WRAPP 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 will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by WRAPP. All charges are due immediately, unless otherwise stated and agreed on when signing a WRAPP’s Payment Agreement, and payment will be facilitated by WRAPP using the preferred payment method designated in your account, after which WRAPP 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 WRAPP may, as the third-party provider’s limited payment collection agent, use a secondary payment method in your account, if available.
As between you and WRAPP, WRAPP 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 WRAPP’s sole discretion. Further, you acknowledge and agree that charges applicable in certain geographical areas may increase substantially during times of high demand. WRAPP 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. WRAPP 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. You may elect to cancel your request for services or goods from a third-party provider at any time prior to such third-party provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the third-party provider for the services or goods provided. Gratuities are voluntary.
If you have selected credit card payment method, you will be directed to a link to a secure site for payment of the applicable price for the Services. We may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
Direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. WRAPP will not accept your order if payment has not been received;
4.1 Repair or Cleaning Fees
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”). If a third-party provider reports the need for repair or cleaning, and such repair or cleaning request is verified by WRAPP in WRAPP’s reasonable discretion, WRAPP 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 WRAPP to the applicable third-party provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity
The services are provided “as is” and “as available.” WRAPP 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, WRAPP 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. WRAPP 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.
5.2 Limitation of Liability
WRAPP 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 WRAPP has been advised of the possibility of such damages. WRAPP 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 WRAPP has been advised of the possibility of such damages. WRAPP shall not be liable for delay or failure in performance resulting from causes beyond WRAPP’s reasonable control. You acknowledge that third-party transportation providers providing transportation services requested through some request brands may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted. In no event shall WRAPP’s total liability to you in connection with the services for all damages, losses and causes of action exceed R1000.
WRAPP’s services may be used by you to request and schedule transportation services with third-party providers, but you agree that WRAPP 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 5 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 WRAPP 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 or goods obtained through your use of the services; (ii) your breach or violation of any of these terms; (iii)WRAPP’s use of your user content; or (iv) your violation of the rights of any third party, including third-party providers.
6. Governing Law; Arbitration
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 courts in cape town will preside.
7. Other Provisions
7.1 Claims of Copyright Infringement
Claims of copyright infringement should be sent to WRAPP’s designated agent. Please visit WRAPP’s web page at https://www.WRAPP.mobi for the designated address and additional information.
WRAPP may give notice by means of a general notice on the services, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account. You may give notice to WRAPP by written communication to WRAPP’s postal address PO. Box 1341, South Paarl. South Africa.
You may not assign or transfer these terms in whole or in part without WRAPP’s prior written approval. You give your approval to WRAPP for it to assign or transfer these terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of WRAPP’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, WRAPP or any third-party provider as a result of the contract between you and WRAPP or use of the services.
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.”
Availability and termination
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
WRAPP may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that WRAPP will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any bookings made by you prior to such time, to the extent possible.
We shall take all reasonable efforts to accurately reflect the description, availability, charges of Service on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect charge – to the extent of refunding you for any amount already paid