Terms & Conditions
- TaskApp™ is provided “as is” and “as available”.
- TaskApp™ 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, TaskApp™ makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of TaskApp™ or any Services requested using TaskApp™.
- You acknowledge and agree that the entire risk arising out of your use of TaskApp™ remains solely and absolutely with you and you will have no recourse whatsoever to us.
- TaskApp™ is the owner and controller of the TaskApp™ mobile application.
- Your actions in accessing, browsing, viewing and downloading the content of TaskApp™ and furthermore, using the services provided by our service providers in terms of their arrangements with TaskApp™, constitute your agreement to enter into a legally binding agreement with TaskApp™.
- You are encouraged to read these Terms and Conditions of use carefully and ensure that you understand the same before using TaskApp™ as, by using, accessing, browsing, viewing the content of TaskApp™ for any purpose, you shall be deemed to have read, understood and accepted these Terms and Conditions of Use and agreed to be bound by them.
- Such acceptance shall be deemed valid regardless of how you access TaskApp™ including, but not limited to, Internet connected mobile devices and/or tablets. If you do not agree to be so bound, kindly refrain from further accessing TaskApp™.
- If you do not agree with or wish to enter into the Terms and Conditions of Use. Please cancel your account (if you have signed up for TaskApp™) and permanently delete TaskApp™ from your device.
- Unless defined elsewhere, terms in these Terms and Conditions of Use shall bear the same meaning ascribed to them in the Terms and Conditions of Use.
- The following terms will have the following definitions:
- “Contractors” means our agents and contractors employed by us to provide services to us including, inter alia, performing processing functions on our behalf.
- “Cookie” means a small text file unique to the mobile application that you are using that is placed on your computer or mobile device’s hard drive and stored by a web server. The text in a cookie often consists of identifiers, site names and some numbers and characters. The information that cookies collect may include the date and time of your visit, information which you provided when subscribing to a communication or signing up for a service, your user preferences and your navigational history. The content of such cookie can only be read by the web server in the domain that created it. When you visit TaskApp™ again, the cookie allows us to recognise your browser.
- “Data subject” means the person to whom the personal information relates – in this case, you as the user of TaskApp™.
- “Direct marketing” means approaching a data subject, either in person or by mail or electronic means, in connection with goods and services being promoted or offered for supply in the ordinary course of business.
- “Non-identifiable information” means information that cannot be used to identify an individual – such as statistics on website visits and services ordered.
- “Personal information” means any private information obtained electronically or otherwise, which relates to an identifiable person (whether natural or juristic), and which, alone or jointly with other information, can be used to identify such person. Personal information includes, but is not limited to, your name and surname, age, date of birth, contact details (e.g. your physical address, e-mail address or telephone number), physical location, information relating to your finances. Personal information furthermore includes the geographic location from which you accessed TaskApp™ as well as information relating to your activity on our app (for example, details of how and when you accessed TaskApp™ and what links you followed).
- “Processing” means any operation or activity (whether automatic or not) concerning the collecting, receiving, recording, organising, retrieving or using of personal information; or disseminating, distributing or making such personal information available.
- “Responsible party” means TaskApp™, the owner and operator of TaskApp™, who is responsible for determining the purpose and means of processing personal information.
- “Service providers” means the service partners with whom TaskApp™ has partnered and which service providers are registered on TaskApp™.
- “Users” means the users of the TaskApp™ mobile application.
- TaskApp™ is a software application that serves as a means of requesting various services from various third-party service providers (“Service Providers”).
- The application also includes an overview of the services offered by such Service Providers.
- TaskApp™ is obtainable through the App Store and is the first on-demand multi-service provider app in South Africa, serving to connect users to a variety of nearby service providers to arrange taxi rides, package pick-up and drop-off, home services (for example, painting, plumbing and electrician) and other on-demand services.
- TaskApp™ aims to provide its users with fast and convenient access to service providers by transforming the way people connect and empowering micro, small and medium businesses. It furthermore intends to stabilise pricing and supply and demand in the home services market by linking a pre-set unit of measure to a service on offer and enabling users to rate service providers and vice versa once the service has been provided. In terms of this model, users may easily compare offerings.
- To illustrate this, assume Service Provider A charges R15 per square meter for painting and has a 4.7-star rating. Provider B may charge R30 and have a 3.3-star rating. The user is empowered to compare and decide which service provider they would like to hire. After you have used such Service Provider, you will have the opportunity to rate them and provide additional comments in respect of the Services provided.
- The services provided are inter alia -
- home services (for example, painting, plumbing and electrician);
- taxi hailing services where users can request a taxi to collect them from their location and transport them to their destination. This service offering includes many safety features, making it perfect for daily commuting or a night out; and
- package pick-up and drop-off in terms of which users can request that packages of any size be picked up from point A and delivered to point B by service providers with a wide range of vehicles, from a motorbike to a truck. Safety is ensured by an innovative security pin method, whereby the receiver is provided with a security pin via SMS and, in turn, provides the same to the driver in exchange for the parcel.
- Note that the taxi hailing and package pick-up and drop-off services have pre-set, fixed prices, based on distance and peak times.
- Unless otherwise agreed by TaskApp™ in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
- Your smart mobile device onto which you have downloaded TaskApp™ will have a GPS receiver. Using this GPS receiver, TaskApp™ is able to determine your location and determine whether there are Service Providers in your area providing the Service which you require at that specific time. If so, TaskApp™ will forward your request to such Service Provider, together with your request for the Service provided by them.
- It is then at the Service Provider’s sole discretion whether they wish to accept your request. If they do accept your request, TaskApp™ will then provide you with such Service Provider’s name, vehicle license number and customer service rating and will also connect you to the Service Provider telephonically, if you wish.
- We record that TaskApp™ is a technology company and does not provide the Services itself or through service providers employed by it. We merely provide the means to locate the Service Providers and, therefore, we may not be held responsible and do not accept any liability for any acts and/or omissions of the Service Providers. TaskApp™ furthermore does not guarantee the quality, suitability, safety or ability of Service Providers and records that the quality of the Services rendered by such Service Provider is the sole responsibility of such Service Provider.
USER ACCOUNT ON TASKAPP
- In order to make use of TaskApp™, you will be required to register and maintain an account. This account is for your sole and exclusive use and no other person may be authorised to use it.
- In order to register an account, certain personal information will be required, as well as confirmation that you are at least 18 years of age. You will further be required to create an account username and password, which you hereby agree to keep confidential. In the event that your account is accessed, you will be held responsible for all activity that occurs on your said account and any unauthorised use of your account in order to procure Services shall be valid, unless you notify us of such breach of your account before the relevant Service Provider performs the requested Service.
- Should you register an account for and on behalf of a legal entity, you hereby warrant that you are duly authorised to do so and to bind such entity to these Terms and Conditions of Use.
- You hereby agree to ensure that the information on your account is accurate, complete and up to date at all times. Your failure to do so may lead to your being unable to access TaskApp™ and/or TaskApp™ terminating its agreement with you.
PERMITTED USE OF TASKAPP™ AND PROHIBITED CONDUCT
- Subject to your compliance with these Terms and Conditions of Use, you are hereby authorised to view, copy, download to a local drive, install and print TaskApp™ and/or any part of the content thereof, provided that:
- TaskApp™ and/or any such content is used solely for your personal, non-commercial purposes;
- any reproduction of the content available on or through TaskApp™ does not infringe our intellectual property rights or the intellectual property rights of third parties; and
- your use of such content is in accordance with these Terms and Conditions of Use.
- You must not, directly or indirectly, do any of the following things:
- perform any action that violates these Terms and Conditions of Use and you hereby undertake that you will only use TaskApp™ for its intended purposes;
- perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights;
- interfere with any other person’s use and enjoyment of TaskApp™ or the Services.
- cause nuisance, annoyance, inconvenience, or property damage, to any other party;
- create or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of TaskApp;
- attempt to gain unauthorised access to or impair any aspect of TaskApp™ or its related systems or networks;
- engage in any conduct that could possibly damage our reputation or be considered disreputable.
- You may not use the Services for:
- transporting and/or obtaining and/or purchasing goods prohibited by the authorities or goods that require a certain license or permit from the authority to transport;
- purchasing and/or transporting pets or any other animals;
- purchasing and/or transporting illegal goods or harmful goods or stolen goods, including but not limited, goods containing hazardous or toxic materials, drugs or illegal substances.
- We and/or the relevant Service Provider reserves the right to refuse accepting your request if we have reasonable grounds to suspect that you have or, by accepting your request, will breach or violate these Terms and Conditions of Use or other applicable legislation.
- While we reserve our right to investigate and prosecute any violations of these Terms and Conditions of Use to the fullest extent of the law, you hereby acknowledge that we have no obligation to monitor your access or use of TaskApp™. We are entitled to do so in the course of operating TaskApp™ or to ensure your compliance with these Terms and Conditions of Use.
- TaskApp™ is provided free of charge. However, the Internet connection required to access TaskApp™ and any associated charges (for example, the costs of data usage) incurred by you while utilising TaskApp™ are for your sole account.
- You hereby acknowledge and accept that your use of the Services may result in charges to you for such Services rendered by our Service Providers. The charges payable can be found on TaskApp™ and are intended to fully compensate the Service Provider for the Service rendered, as well as cover the costs of any additional levies or costs imposed.
- We reserve the right to modify or update such charges from time to time. Although TaskApp™ will use reasonable efforts to inform you of charges that may apply, your awareness or lack thereof shall in no way affect your liability to pay the said charges in full.
- You further acknowledge and agree that the charges applicable in respect of the, in particular, the taxi hailing service may increase substantially in certain geographical areas during times of high demand.
- All charges are due and payable immediately and you agree to pay such charges in full. Charges paid by you are final and non-refundable, unless otherwise agreed in writing with TaskApp™.
- In this respect, once the aforesaid Services have been rendered, TaskApp™ serves to facilitate your payment of the aforesaid charges. TaskApp’s integrated payment gateway allows for payments to be made, which payments shall be deemed to be the same as payments made directly by you to such Service Provider, and therefore provides peace of mind to both the user and the service provider. In order to further assist you, TaskApp™ will also send you a receipt by email.
- Should you choose to cancel your request for any Service at any time prior to such Service Provider’s arrival and/or rendering of the same, we reserve the right to charge a cancellation fee.
- Return and Refunds policy - The provision of services by TaskApp™ is subject to availability. In cases of unavailability, TaskApp™ will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5% administration fee
- Payment options accepted - Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the TaskApp™ bank account, the details of which will be provided on request.
- Card acquiring and security - Card transactions will be acquired for TaskApp™ via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details - Customer details will be stored by TaskApp™ separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
- Merchant Outlet country and transaction currency - The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
- Responsibility - TaskApp™ takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
ACCESS TO TECHNOLOGY AND THE INTERNET
- To access TaskApp™, you must have a device (whether it be a personal computer, mobile phone or the like) which is able to connect to the Internet and to receive content and you are responsible for obtaining the data network access required.
- We record that 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 further responsible for acquiring and updating compatible hardware, software or devices necessary to use TaskApp™. It is your sole responsibility to satisfy yourself, prior to entering into this agreement with us, that the content available on TaskApp™ will be compatible with your hardware and/or software. We do not guarantee that TaskApp™ will function on any particular hardware or devices and shall not be liable for your inability to access TaskApp™ as a result of limitations specific to your device.
- In addition, the use of TaskApp™ may be hindered by malfunctions and/or delays typical in the use of the Internet. We deny any and all liability for any delays, delivery failures, damages or losses resulting therefrom.
- We furthermore record that we cannot guarantee that TaskApp™ will always be available and/or available without interruption. Whilst we endeavour to ensure that TaskApp™ is available 24 hours a day, we reserve the right to suspend such access in the event of a system failure, maintenance or repair or any other reason beyond our control.
- In order to keep TaskApp™ secure and virus-free, TaskApp™ employs various security measures. Further to these security measures, we reserve the right to intercept, monitor and inspect all material and information transmitted by email on our system.
- We do not guarantee that TaskApp™ is and shall be free from errors or that the content thereof is suited to your particular requirements. We further cannot guarantee the security of our database nor can we guarantee that the information you provide will not be intercepted while being transmitted to us.
THIRD PARTY SITES
- Some of our service providers may provide links to their websites on TaskApp™. It is hereby recorded that such websites are not within our control and therefore, the use of such links is done entirely at your own risk and we may not be held liable for the privacy practices of such third-party site. The registration of the Service Providers on TaskApp™ does not constitute an endorsement by us of such third-party services and content and we shall not be responsible or liable for any products or services provided or rendered by such third party providers.
- We shall take all commercially reasonable steps to provide you with the most accurate and best possible content and to abide by these Terms and Conditions of Use.
- We do not however warrant the accuracy and completeness of the information on TaskApp™ but simply undertake to take all reasonable measures to ensure that such information is correct and accurate.
- You hereby acknowledge and accept that the content of TaskApp™ is provided “as is” and that your use of TaskApp™ is done in full awareness of the potential risks thereof. We furthermore do not warrant or guarantee that TaskApp™ is suited to your particular needs. You agree and accept that it is your sole responsibility to confirm the correctness and accuracy of any content before placing any reliance on the same.
- Under no circumstances shall TaskApp™ or their service providers be liable for any direct, special, incidental, indirect, economic, consequential or punitive damages (including, without limitation, loss of data or loss of use damages or lost profits) arising out of or connected with the use of TaskApp™, or any failures by TaskApp™ and/or its service providers to provide content that is free from any and all errors.
- We and/or our Service Providers may elect to hold promotions on TaskApp™ from time to time, which promotions shall be subject to various terms and conditions, including time limits. Should such promotion be accompanied by a voucher which may be redeemed while using TaskApp™, such voucher shall only be used once per promotion and may not be exchanged. You agree that you will only use such promotions for their intended use during the period of their validity and will not abuse such promotional material in any manner.
APPLICATION OF RELEVANT LEGISLATION
- It is specifically recorded that the provisions of these Terms and Conditions of Use are strictly intended to comply with the provisions of the National Credit Act 34 of 2005 (“NCA”), Consumer Protection Act 68 of 2008 (“Consumer Protection Act”), the Protection of Personal Information Act 4 of 2013 (“POPI”) or other laws and any industry requirements (as stipulated in POPI’s industry codes), as far as the same are applicable. Therefore, all the provisions of these Terms and Conditions of Use must be seen as being qualified by such legislation, to the extent necessary.
- Therefore, no provision of these Terms and Conditions of Use should in any way be seen as limiting our obligations or liability or requiring you to assume risk or liability, where the same is prohibited in terms of the aforesaid legislation.
INTELLECTUAL PROPERTY RIGHTS
- TaskApp™, including its name, logo and the application itself, together with all such content on TaskApp™, is protected from infringement by copyright, trademark and other rights provided under the laws, including intellectual property laws, of the Republic of South Africa. Subject to any rights afforded to you herein, all our rights, including such intellectual property rights are expressly reserved.
- We (and our licensors, if applicable) exclusively own all intellectual property rights, including all rights, title and interest in and to TaskApp™, of whatsoever nature existing now and in the future, and the same shall remain our (and that of our licensors, if applicable) absolute property. You will not acquire any rights in or to TaskApp™ other than those rights expressly granted to you in these Terms and Conditions of Use.
- Where any of the content of TaskApp™ has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such party’s terms and conditions.
- You hereby agree not to use TaskApp™ in any manner constituting a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
- TaskApp™ is hosted, controlled and operated from the Republic of South Africa and intended for use in the Republic of South Africa. TaskApp™ may be accessed in South Africa and abroad.
- All disputes, claims and other matters in connection with the use shall thus be determined in accordance with such laws.
CONSENT TO JURISDICTION
- By using TaskApp™, the User hereby unconditionally consents and submits to the non-exclusive jurisdiction of the Magistrate’s Court in relation to all matters arising from such use, but TaskApp™ shall not be obliged to institute action in the Magistrate’s Court.
- As far as the law allows, you indemnify us and agree to hold us, our directors, employees, agents, affiliates and suppliers harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
- your use and access or misuse of TaskApp™ or any of the Services obtained through your use of TaskApp;
- your dealings with the Service Providers, third party providers, partners, advertisers and/or sponsors;
- your infringement or violation any rights of any third party, including their intellectual property rights in relation to TaskApp;
- your breach or violation of these Terms and Conditions of Use or any applicable legislation.
LIMITATION OF LIABILITY
- Any claims against us by you will in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you when using TaskApp™ during the event giving rise to such claims. In no event will we be liable to you or anyone for costs, interest, damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors will not be liable for any loss, damage or injury which may be incurred by or caused to you or to any other person, including but not limited to loss, damage or injury arising out of, or in any way connected with TaskApp™, including but not limited to the use of or inability to use TaskApp™.
- You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from your use of TaskApp™ and/or the Services, or in any way related to the Service Providers introduced to you by TaskApp™.
- You further expressly waive and release us from any and all liability, claims or damages arising from or in any way related to the Service Providers. The company will not be a party to disputes, negotiations of disputes between you and the Service Providers. Responsibility for the decisions you make regarding the Services found via the Application rests solely with and on you.
- It is recorded that, in some instances, additional terms may apply to the Services, such as policies for a particular promotion. In this event, such additional terms shall be disclosed to you and shall be deemed to be a part of and in addition to these Terms and Conditions for Use.
- No failure by us to exercise or enforce any right or provision of the said agreement shall constitute a waiver of such right or provision.
CHANGES TO TASKAPP™ CONTENT AND TERMS AND CONDITIONS OF USE
- We reserve the right to update the content on TaskApp™ and/or the provisions of these Terms and Conditions of Use at any time without notice. Such changes and updates may thus be out of date and we thus make no guarantees in respect of its accuracy. We furthermore reserve the right to change or discontinue any aspect of the services provided by TaskApp™ at any time, without prior notice to you.
- When we do update the content and/or provisions of the Terms and Conditions of Use, the same shall be evidenced by our updating the “Last Updated” date in the heading of these Terms and Conditions of Use. We further undertake to notify you of any material changes to these Terms and Conditions of Use by prominently posting a notice of such changes or sending you an email.
- Save as expressly provided to the contrary in these Terms and Conditions of Use, the amended version of the Terms and Conditions of Use shall supersede and replace all previous versions thereof. Your continued access use of TaskApp™ shall be deemed to constitute your consent to be bound by such amended Terms and Conditions of Use.
- We encourage you to review these Terms and Conditions of Use whenever you visit TaskApp™ and you hereby undertake to do so.
- Should you wish to terminate the agreement between us, you may simply delete TaskApp™ from your device and stop using TaskApp™. Alternatively, you may request that we close your account by informing us of your intention to cancel this agreement. The agreement shall be automatically terminated upon the deletion of TaskApp™ from your device and/or the closing of your account with us.
- We reserve the right to immediately suspend, restrict or terminate your use of TaskApp™ at any time, if we have reasonable grounds to believe that you have breached or violated any provision of these Terms and Conditions of Use.
- Notices relating to such termination, or any other matter, may be given by us by means of a general notice on TaskApp™ or an electronic message sent to all or some of the users.
- Please ensure that you inform us if you no longer have control of your account (in cases where, for example, your account is hacked or your phone is stolen) so that we may cancel your account accordingly.
- If you have any questions, comments or suggestions regarding these Terms and Conditions of Use, Or if you have reason to believe that we have not adhered to any of our undertakings in terms of these Terms and Conditions of Use, please Contact us.