User Agreement: www.errandworld.co.za
Covesto Pty Ltd (“Errandworld”, “we” or “us”) operates an online platform (“Errandworld”) allowing users (“User” or “You”) to connect and perform business and personal services and outsource errands through Errandworld’s platform including through our website at www.errandworld.co.za, the errandworld iPhone application or errandworld Android application or any other platform we may introduce in the future (“Errandworld platform”).
1.1 Errandworld provides a platform for connecting people (Erranders) who have errands to run with those (Runners) who are willing to run it for them).
1.2 A reference to user in this agreement includes job posters “Erranders”, Runners and any other person that visits or views the Errandworld platform.
1.3 A User creates an account with Errandworld when he /she validly complete a registration form on the Errandworld platform.
1.4 Errandworld provides the platform only. Apart from enabling an Errander to find a Runner to provide a particular service, Errandworld accepts no liability for any aspect of the Errander and Runner interaction, including but not limited to the description of goods and services offered, the performance of services and the delivery of goods. Errandworld has no obligation to any user to assist or involve itself in any way in any dispute between an Errander and a Runner
1.5 All information related to services to be performed or goods to be provided is supplied by Errandworld users. unless expressly stated to the contrary, Errandworld does not have any ability or responsibility to review, approve or verify any User’s information prior to publication on the Errandworld platform.
1.6 You expressly agree that Errander has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users or the honesty or accuracy of any information provided by Erranders or the Erranders’ ability to pay for the services requested.
2.1 The Errandworld service will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Errandworld service may be separately described on the Errandworld platform.
2.2 An Errander with a requirement for a service to be provided
(a) Registers an account on Errandworld and
(b) Posts an accurate and complete description of the errand to be provided (including, but not limited to, the payment offered to the Runner). Posted errands are subject to further terms set out for posting errands and making offers below.
2.3 A Runner with an ability to perform service(s)
(a) Creates an account with Errandworld and
(b) Browse through posted errands uploaded by Erranders.
2.4 If a Runner desires to provide service(s) to an Errander, the Runner must make an offer/bid in response to the Posted errand (“Offer”). By accepting an Offer the Runner agrees that she/he is legally entitled to and capable of offering service(s) described in the posted errand. Offers are subject to further terms set out for posting errands and Making offers below.
2.5 If an Errander in any way updates a posted errand after it has been published on the Errandworld Platform and before an offer has been accepted, then Errandworld may, at its discretion, cancel all offers for that posted errand that were made prior to the update and recommence the offer process.
2.6 If the Errander agrees to a Runner’s offer, the Errander will accept the Runner's offer by using the functionality on Errandworld platform and paying the agreed price into the Runner’s EW-wallet or payment facilities that are accessible via the Errandworld platform.
2.7 The Runner and Errander use an instant chat on the Errandworld platform to communicate directly about posted requests for services. Once an Errander has accepted an offer from a Runner, the Errander and the Runner can communicate privately using an Errandworld private instant chat.
2.8 Once an Errander has accepted an offer from a Runner and paid the agreed price into the E.W account then the Errander and the Runner will be deemed to have entered into a separate contract ("An errand Contract").
2.9 The terms of the errand contract incorporate the terms of this agreement (to the extent they apply to the Errander and the Runner) and any additional terms and conditions agreed between the Errander and the Runner, including the description and price of the services to be provided. You agree not to enter into any contractual provisions in an errand contract that conflict with this agreement. The terms of this agreement incorporated into an errand contract take priority over any other terms agreed between an Errander and a Runner in the errand contract to the extent of any inconsistency.
2.10 The Runner must provide the service(s) to the Errander in accordance with the errand contract, unless the service(s) or transaction is prohibited by law, by this agreement, an agreement between the User and a third party provider or by any of our policies.
2.11 Once a Runner has provided the services requested by the Errander in accordance with the errand contract, the Runner must provide notice that the errand is complete .It will be a breach of this agreement and the errand contract if a Runner provides notice that a task is complete for a particular posted errand without having provided the relevant services.
2.12 Once a Runner has provided the relevant service(s) in accordance with the errand contract and has provided notice that the errand is complete relating to a particular Posted errand, the Errander must release the agreed payment for the service(s) offered. It will be a breach of this agreement and the errand contract if, after a Runner has provided the relevant service(s) in accordance with the errand contract and provided notice that an errand is complete for a particular Posted errand, the Errander fails to release the agreed payment.
2.13 Once the Errander has released the payment, the fee will be paid from the EW Account to the Runner after the deduction of the relevant fees set out in the service Fee schedule in fees below ("Service fees").
2.14 Once a transaction is concluded, both the Runner and Errander are strongly encouraged to complete a service review using any feedback features on our platform. Errandworld will, from time to time contact you for reminder to complete an Errandworld service review.
2.15 The Errandworld Platform may from time to time include location/ map-based functionality. The Errand platform may display the location of Erranders and Runners to persons browsing the Errandworld platform. Each Errander will be asked to provide the street and suburb where the errand is to be performed. A Job poster should never disclose personal details such as Job Poster's full name, street number, phone number or email address in a Posted errand or in any other public communication on the Errand Platform.
2.16 Errandworld may from time to time include on the errand platform a "Hire Me" feature which enables Errandworld Users who are browsing other User’s profiles to post a request for service(s) based on the skills, reputation or other profile attributes of a particular User. When this occurs, the Errandworld User who the Errander would like to make an Offer will be automatically notified
(a) Of the new posted errand, and
(b) That the Errander would like him/ her to make an offer to provide service(s). However, that User will not have any further special rights and will need to follow the normal offer process to become the Runner for the posted errand.
2.17 From time to time, Errandworld may enter into agreements with business partners ("Business Partners") to enable Business partners to acquire aspects or functions of the Errandworld platform,
2.18 Errandworld may seek to engage Runners in the provision of goods or services which the Business Partner will sell to other parties (such as its customers). For the purposes of these Terms, when a Business partner is engaged in this way, the Business partner will be an Errander and the errand will be a posted errand for the purposes of these Terms.
2.19 Before a Business partner enters into a contract with a Runner, it may be required of the Runner to enter into additional terms for the engagement ("Business partner contract") before the Runner can undertake any work introduced by a Business partner.
2.20 Where a Runner accepts a Posted errand with a Business partner:
(a) The Runner must provide the service(s) to the Business partner in accordance with the Errand Contract created by these Terms and any applicable Business partner contract; and
(b) The terms of the Business partner contract will prevail to the extent of any inconsistency.
3.1 Where an Errander pays an agreed price for service(s) into the EW Account in respect of a Posted errand ("Errand Payment") that Errand Payment will be used to pay the Runner and Errandworld in accordance with this Agreement. If that payment cannot be made for any reason(s) the Errand Payment moneys will be handled in accordance with this clause 3.
3.2 If the Errander and the Runner mutually agree to cancel the Errand Contract or if, following reasonable attempt by an Errander to contact a Runner to perform the Errand Contract, Errandworld is satisfied that the Errand Payment should be refunded and there is no dispute between the Errander and the Runner, then Errandworld will refund the Errand Payment back into the Errander’s nominated account with a deduction of 15%.
3.3 If, for any reason(s), the Errand Payment cannot be transferred or otherwise made to the Runner or the Errander (as the case may be) or no claim is otherwise made for a Errand Payment, the Errand Payment will remain in the EW Account until paid or otherwise for up to three months from the date the errander initially paid the errand Payment into the EW Account.
3.4 Following the 3 months referred to in clause 3.3 and provided there is still no dispute in respect of the Errand Payment the Errand Payment will be automatically converted into Errandworld credit and credited to the relevant Errander or Runner ("Holder"). The credit will be to the account of the Errander except where the Errandworld Runner has claimed the Errand Contract has been completed but for whatever reason the Errand Payment was not able to be transferred.
3.5 Credit on an Errandworld voucher or any other form of Errandworld card, coupon, voucher or code (in physical or virtual form) containing credit, or a discount, for use on the Errandworld Platform ("Stored Value Card"), whether purchased or issued by Errandworld free of charge, is also a form of Errandworld credit that can be held by a holder (also a "Holder"). Stored Value Cards cannot be replaced, exchanged or reloaded and may only be used in the purchase of tasks via the Errandworld Platform in accordance with this Agreement. Stored Value Cards:
(a) Can be used by the Holder to pay for any new tasks via the Errandworld Platform
(b) Are not refundable or redeemable for cash
(c) Expire 12 months from the last date the Errandworld credit is topped-up or the Stored Value Card is issued by Errandworld or purchased by the Holder (whether by operation of clause 3.4 or any other means) or by any other alternate expiry date applying to the Stored Value Card.
(d) May also be subject to additional, or different, terms and conditions, as specified in relation to a Stored Value Card, such as expiry date, restriction on the errands redeemed (for example only for a User's first errand), specify a minimum errand value, or specify a maximum credit or discount value; and
(e) Must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the Holder, or stored in a data retrieval system, without Errandworld's prior written permission.
3.6 The holder is solely responsible for the security of any Stored Value Card. Errandworld will have no liability for any loss or damage to the Stored Value Card and does not have any obligation to replace a Stored Value Card.
3.7 Errandworld will not accept, and may refuse or cancel, any Stored Value Cards, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tamper with, or are otherwise fraudulent and Errandworld reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value Cards, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an Internet message board or on a "bargains" website, are not Valid for use and may be refused or canceled.
4. PAYMENT FACILITY AND EW ACCOUNT
4.1 Errandworld may use a related entity or a third party service provider to provide payment services, acting as a payment facilitator and EW agent on behalf of the Errander and Runner ("EW Provider").
5. THIRD PARTY SERVICES
5.1 Errandworld may from time to time include on the Errandworld Platform, promotions and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Errandworld.
5.2 Third Party Services are offered to you pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Errandworld Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
5.3 If you engage with any Third Party Service provider, your agreement will be directly between you and that Third Party Service provider.
5.4 Errandworld makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Platform, please let us know of any issue that you experience using a Third Party Service by contacting us.
6.1 Errandworld may offer its Users an opportunity to obtain insurance for its Users. Errandworld confirms that all insurance policies are Third Party Services and subject to further terms set out for Third Party Services. Errandworld may elect to obtain its own insurance that may provide cover for Errandworld users.
6.2 Errandworld does not represent that the insurance offered via the Errandworld Platform is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as workers compensation insurance) is required.
6.3 The Runner acknowledges and agrees that in the event that a Errander makes a claim relating to any service(s) performed by a Runner, and the insurance taken out by Errandworld (if any) responds to that claim then this clause applies. Errandworld may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by Errandworld from the Runner. Where Errandworld makes a claim and the insurer assesses that the Runner is responsible, Errandworld is entitled to rely on that assessment. If you do not pay any excess, Errandworld may also elect to set this amount off against future moneys it may owe to the Runner.
6.4 The Runner acknowledges and agrees that in the event that an Errander makes a claim relating to any services performed, a Runner and the insurance taken out by Runner (if any) does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. Errandworld may elect to pay an amount to the Errander to settle the claim. To the extent that the Runner was or would be liable for the amount of the claim the amount paid by Errandworld may be recovered by Errandworld from the Runner. Errandworld may also elect to set this amount off against future moneys it may owe to the Runner.
6.5 At no point in time is it compulsory for errandworld to insure its users. This is an optional service.
7. IDENTITY VERIFICATION
7.1 Errandworld may include tools to help its Users to verify the identity, qualifications or skills of other Users on the platform ("Identity Verification Services"). These tools may include: mobile phone verification technology, verification of payment information, a "Reference" feature (allowing a User of the Errandworld Service to request other Users to post a reference on the Errandworld Platform endorsing that User), integration with social networking sites such as Facebook, Twitter and LinkedIn and verification icons or badges displayed in association with a Runner and obtained in accordance with clause 7.6 and or clause 7.7.
7.2 You agree that Errandworld Identity Verification Services may not be fully accurate as all Errandworld Services are dependent on User-supplied information and/or information or verification services provided by third parties.
7.3 Errandworld Platform Users are solely responsible for identity verification and Errandworld accepts no responsibility for any use that is made of an Errandworld Identity Verification Service.
7.4 The Errandworld Platform may also include a User-initiated feedback system to help evaluate Errandworld User(s).
7.5 The Errandworld Services Identity Verification Services may be modified at any time.
7.6 Errandworld may from time to time make available certain verification icons to be displayed in relation to a Runner’s profile and Posted errands, such as police checks or other verifiable information (such as certifications, qualifications, licenses or other skills) supplied by the Runner and verified internally by Errandworld, or externally by a third party verification provider ("Verification Icons"). The available Verification Icons can be requested by the Runner via the Errandworld Platform, and arranged on behalf of the Runner and issued by Errandworld, for a fee. Obtaining a Verification Icon may be subject to the provision of certain information or documentation by the Runner and determined by Errandworld or a third party verifier subject to its terms. It remains the Runner's responsibility to ensure that information or documentation it provides in obtaining a Verification Icon is true and accurate and must inform Errandworld immediately if a verification icon is no longer valid.
7.7 Errandworld may also from time to time issue certain badges to be displayed in relation to a Runner's profile and Posted errands, based on meeting certain qualification thresholds, the Verification Icons issued, or any other combination of information, as determined and set by Errandworld. The available Errandworld Badges will be issued for a fee.
7.8 The issue of a Verification Icon or Errandworld Badge to a Runner remains in the control of Errandworld and the display and use of a Verification Icon or Errandworld Badge is licensed to the Runner for use on the Errandworld Platform only. Any verification obtained as a result of the issue of a Verification Icon or Errandworld Badge may not be used for any other purpose outside of the Errandworld Platform.
7.9 Errandworld retains the discretion and/or right to not issue, or remove without notice to you, a Verification Icon or Errandworld Badge if a Runner is in breach of any of the terms of this Agreement, the Verification Icon or Errandworld Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Errandworld.
8. ELIGIBILITY TO REGISTER
8.1 An Errandworld account can only be created in the name of an individual. However, an Errandworld User registering as a Runner or Errander may specify within the "account description" field that she/he is representing a business entity (including a company).
8.2 To create an account and use the Errandworld Service(s) you must be able to form legally binding contracts under applicable law. Errandworld Services are not available to persons under 18 years of age. If you are not qualify to use the Errandworld Services, You must not use the services.
8.3 While you are registered with Errandworld, you must maintain control of your Errandworld account. You may not deal with your account (including feedback and associated Username) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
8.4 based on its absolute discretion, Errandworld may refuse to allow any person to register or create an account with Errandworld or cancel or suspend any existing account.
9. USER'S OBLIGATIONS
9.1 You agree that at all times:
(a) You will comply with this Agreement (including all Errandworld Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the Errandworld Platform;
(c) You will promptly and efficiently perform all your obligations to other Errandworld Users under a Task Contract and to Errandworld under this Agreement;
(d) All content (whether provided by Errandworld, a User or a third party) on the Errandworld Platform may not be used on third party sites or for other business purposes without Errandworld's prior permission; and
(e) You will ensure that you are aware of any laws that apply to you as a Errander or a Runner, or in relation to any other way(s) that You use the Errandworld Platform.
9.2 You must not use the Errandworld Platform for any illegal or immoral purpose.
9.3 You grant to Errandworld an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Errandworld Platform for the purpose of including that material and information on the Errandworld Platform and as otherwise may be required to provide the Errandworld service, for the general promotion of the Errandworld Service and as permitted by this Agreement.
9.4 Any information posted on Errandworld Platform must not, in any way whatsoever, be potentially or actually harmful to Errandworld or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Errandworld. Without limiting any provision of this Agreement, any information you supply to Errandworld must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libelous, threatening or harassing;
(f) be obscene or contain any material that, in Errandworld's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Errandworld Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
9.5 You must have the right to provide goods and services under an errand Contract and to work in South Africa. You must comply with your tax obligations in relation to any payment received under an Errand Contract,
9.6 When You enter into an errand Contract using the Errandworld Platform, You create a legally binding contract with another Errandworld User, unless the transaction is prohibited by law or by this Agreement (including the Errandworld Policies). If you do not comply with your obligations to another Errandworld User under an errand Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not Errandworld - are responsible for enforcing any rights that You may have with that User.
9.7 If Errandworld determines at its sole discretion that You have breached any obligation under this clause 9, it reserves the rights to remove any content, Posted errand or Offer You have submitted to the Errandworld Service or cancel or suspend Your account.
10.1 Registering and creating and account with Errandworld is free. There is no charge for an Errander to Post errands, or for other Errandworld Users to review content on the Errandworld Platform, including Posted errands.
10.2 If a Job Poster has accepted your offer, You agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the agreed fee and paid to Errandworld (or its nominee).
10.3 The Service Fees will be deducted and paid to Errandworld when the agreed price is released from the Escrow Account to the Runner.
10.4 To be clear, Service Fees will be calculated only on the amount that the Runner agrees to charge the Job Poster to provide the service or goods. This means that if a Job Poster requires a Runner to incur costs in completing a task (for example, if the task is purchasing groceries, Runner might agree to pay for the groceries upfront and then be reimbursed by the Job Poster), then the cost incurred will not be included in any calculation of the Service Fees.
10.5 If an Runner agrees to pay some of the costs as part of completing an errand, Runner is solely responsible for having those costs reimbursed by the errander. Errandworld will not be responsible for obtaining any reimbursement from an Errander. We advise Runners not to agree to incur any costs for an errander in advance of payment by the Job Poster, unless the Runner is confident that the Errander will reimburse the costs promptly.
10.6 Errandworld may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Errandworld notifies you of that change by sending a message to your Errandworld account.
10.7 Errandworld may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Errandworld account.
10.8 All fees and charges payable to Errandworld are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
10.9 If Errandworld introduces a new service on the Errandworld Platform, the fees applying to that service will be payable as from the launch of the service and will also be "Service Fees" under this Agreement.
10.10 Where a Runner is offering a service, the Runner must not charge an Errander Service Fees on top of the agreed price for the Services under the Errand Contract.
11. POSTING ERRANDS AND MAKING OFFERS
11.1 A Posted Task must include the following details in order to be accepted by Errandworld:
(a) Deadline for completion: the deadline for completion of the errand or delivery of the goods;
(b) Price: the price that the Errander is prepared to pay for the services required; and
(c) Description: a description of the goods or services.
11.2 Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.
11.3 As well as the mandatory details mentioned in paragraph 11.1, an Errander may choose to specify additional terms that he/she wants to apply to the transaction.
11.4 Erranders must describe the service or goods fully and accurately and include all terms of sale or supply that You want to apply, as well as any information required by law. Posted errands may only include text. You must have the legal right to use any content that you post. Errandworld may, in its sole discretion, remove any Posted errand for any reason.
11.5 Prior to the Errander accepting an offer from a Runner, all communications between an Errander and the Errandworld User(s) making an Offer to supply the goods or services are visible to all other Errandworld Users and can also be viewed by other internet users. All Users of the Errandworld Platform must take care when communicating at the offer stage and must not disclose any private contact details such as full name or address, phone number or email address.
11.6 In making an Offer, a Runner agrees to provide the relevant goods or services within the time frame and on the terms and conditions specified in the Posted errand (unless the Runner and the Errander agree to vary the time frame or the terms and conditions in the course of negotiations, in which case the Runner must provide the goods or services in accordance with the agreed time frame and terms and conditions).
11.7 Once a Job Poster accepts an offer from a Runner in accordance with clause 2.6, no further negotiations are permitted on the Errandworld Platform in relation to the provision of the relevant goods or services. If, after the Job Poster accepts an offer from a Runner, the Runner and Errander wish to negotiate on price or time frame for completion (for example, where Errander is not satisfied with the Runner’s performance) they may use the Errandworld private messaging system, but otherwise those negotiations (and the resolution of any disputes) must be done outside the Errandworld Platform.
11.8 If an Errandworld User, Runner or Errander wishes to complain about any comment made on the Errandworld Platform, please either use the "Report" function available from time to time on the Errandworld Platform, or email Errandworld using the contact information on the Errandworld Platform.
11.9 Job Posters may choose not to accept any Offer received and is not required to accept the lowest Offer. Job Posters may withdraw any Posted errand at any time prior to accepting an offer from a Runner in accordance with clause 2.6.
11.10 An Errandworld User or Runner has no obligation whatsoever to make an Offer on any Posted errand.
12.1 Errandworld is entitled to suspend or terminate your account at any time if Errandworld, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other Errandworld Users.
12.2 To continue to improve our Errandworld Platform, please let us know of any issue that You experience using a Third Party Service by contacting us.
13. LIMITATION OF LIABILITY
13.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Erranders and Runners.
13.2 Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Errandworld specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Errandworld platform.
13.3 Except for liability in relation to a breach of any Non-excludable Condition, Errandworld's liability to any User of this service is limited to the total amount of fees paid by that User to Errandworld during the twelve month period prior to any incident causing liability of Errandworld.
13.4 Errandworld's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
14. DEFAULT IN TRANSACTIONS
14.1 If You, as a Runner or Errander fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Errandworld's rights under this Agreement (including any Errandworld Policy) to suspend (temporarily or indefinitely) or terminate any user's account, You may be in breach of your obligations to both Errandworld and the Runner or Errander with whom You are transacting under an Errand Contract.
16. NO WARRANTY
16.1 Except for liability in relation to any Non-excludable Condition, the Errandworld services provided on an "as, is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement to extent allowed by law.
17. MODIFICATIONS TO THE AGREEMENT
17.1 Errandworld may modify this Agreement and/ or the Policies (and update the A Errandworld pages on which they are displayed) from time to time. Errandworld will send notification of such modifications to your Errandworld account. You should check that account regularly.
17.2 Except as stated in this agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified to you. Each time you use the Errandworld Platform in any manner after the expiry of that 30 dasy period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
17.3 If you do not agree with any changes to this Agreement (or any of our Policies), You must terminate your Errandworld account and stop using the Errandworld Services. Except as specifically described in or authorized by this Agreement, the terms of this Agreement and any Errandworld Policy cannot be amended except in writing signed by You and Errandworld.
18. NO AGENCY
18.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular, you have no authority to bind Errandworld, its related entities or affiliates in any way whatsoever. Errandworld confirms that all Third Party Services that may be promoted on the Errandworld service are provided solely by such Third Party Service providers. To the extent permitted by law, Errandworld specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non performance of such Third Party Service.
19.1 Except as stated otherwise, any notice must be given by registered ordinary post or by email, either to Errandworld’s contact address as displayed on the Errandworld Platform, or to Errandworld Users' contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the Errander is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside South Africa. In this section, "Business Day" means a day on which banks are open for general business in South Africa, other than a Saturday, Sunday or public holiday.
(c) Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
20. MEDIATION AND DISPUTE RESOLUTION
20.1 Errandworld encourages you to try and resolve disputes (including claims for returns or refunds) with other Errandworld Users directly. Accordingly, you acknowledge and agree that Errandworld may, in its absolute discretion, provide such of information as it decides is suitable to other parties involved in the dispute.
20.2 Errandworld may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Errandworld confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions..
20.3 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
20.4 Errandworld has the right to hold any Errand Payment the subject of a dispute in the EW Account, until the dispute has been resolved.
20.5 If you have a complaint about the Errandworld Service please contact us.
20.6 If Errandworld provides information of other Errandworld Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Errandworld against any claims relating to any other use of information not permitted by this Agreement.
21.1 Either party may terminate an account and this Agreement at any time for any reason.
21.2 Termination of this Agreement does not affect any Errand Contract that has been formed between Errandworld Users. If you have entered an Errand Contract You must comply with the terms of that errand Contract including providing the goods or services or paying the price as applicable.
21.3 Third Party Services are subject to Third Party Service provider terms and conditions.
21.4 Sections 10 (Fees), 13 (Limitation of Liability), and 20 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
22.1 This Agreement is governed by the laws of South Africa. You and Errandworld submit to the exclusive jurisdiction of the courts of South Africa.
22.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
22.3 This Agreement may be assigned or novated by Errandworld to a third party without your consent. In the event of an assignment or novation you will remain bound by this Agreement.
22.4 User account may not be deleted once it has been created. However upon request, Errandworld may deactivate an account, Meaning all transaction history, Chats and communications, Payment history and bidding history will still be live on the site. Although profile will not be visible to the public and user will no longer receive notifications.
22.5 This Agreement sets out the entire understanding and agreement between you and Errandworld with respect to its subject matter.
23. SERVICE FEE SCHEDULE
23.1 The Service Fee for an offer that has been accepted by Errandworld is equal to fifteen per cent (15%) of the amount that was accepted but limited to the workmanship component of such agreement.
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