Terms and Conditions
Terms of Use ("Terms")
Last updated: 02/01/2019
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.stor2dor.com website and the Stor-2-Dor mobile application (the "Service") operated by Afrigle Innovations Pty Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Acceptance of the terms and conditions
Binding Agreement; Description. Afrigle Innovations Pty Ltd (“Stor-2-dor,” “we,” “us” or “our”) provides and makes available its marketing tools, processing capabilities, scheduling tools, website located at www.stor-2-dor.com (the “Site”) and its Stor-2-dor mobile application (the “App”) (collectively, the “Service”). All uses of the Service are subject to the terms and conditions in this End User License and Terms of Service (this “EULA”). Please read this EULA carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not accept this EULA’s terms and conditions, you may not access, browse or use the Service.
AS FURTHER DESCRIBED BELOW, THIS EULA REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Changes to this EULA. You understand and agree that Stor-2-Dor may change this EULA at any time without prior notice; provided that Stor-2-Dor will endeavor to provide you with prior notice of any material changes. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised terms and conditions will become effective at the time of posting. Any use of the Service after such date will constitute your acceptance of such revised terms and conditions. If any change to this EULA is not acceptable to you, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates Stor-2-Dor provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this, no revisions to this EULA will apply to any dispute between you and Stor-2-Dor that arose prior to the effective date of such revision.
Privacy Policy. Your access to and use of the Service is subject to Stor-2-Dor Privacy Policy located at www.stor2dor.com (“Privacy Policy”), which is incorporated herein by reference.
Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY Stor-2-Dor. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age.
The Service Description. The Service provides THIRD PARTY DELIVERY PROVIDERS (“Third party delivery providers”) with a network through which third party delivery providers can provide delivery services. Any person who accesses and/or uses the Service to connect with a Third Party Delivery provider is a “Customer.” Stor-2-Dor does not provide professional services. Stor-2-Dor offers tools, information, and a method for Customers to obtain services, but does not, nor does it intend to, provide such services.
Limitations. Stor-2-Dor DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION COMPANY OR A MOVING OR HAULING OR FREIGHT COMPANY. YOU ACKNOWLEDGE THAT Stor-2-Dor 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 DELIVERY PROVIDERS WHO ARE NOT EMPLOYED BY Stor-2-Dor OR ANY OF ITS AFFILIATES.
Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Stor-2-Dor will facilitate your payment of the applicable Charges on behalf of the Third Party Delivery Provider as such Third Party Delivery 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 may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Stor-2-Dor. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Stor-2-Dor will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Stor-2-Dor using the preferred payment method designated in your Account, after which Stor-2-Dor 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 Stor-2-Dor 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 Stor-2-Dor, Stor-2-Dor 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 Stor-2-Dor sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Stor-2-Dor 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. Stor-2-Dor 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 Delivery Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Delivery Provider for the services or goods provided. Stor-2-Dor does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Stor-2-Dor (on Stor-2-Dor’s website, in the Application, or in Stor-2-Dors marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Stor-2-Dor’s provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Stor-2-Dor 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, Stor-2-Dor 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. Stor-2-Dor DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
STOR-2-DOR 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 STOR-2-DOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STOR-2-DOR 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 STOR-2-DOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STOR-2-DOR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STOR-2-DOR’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER LOADSHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL STOR-2-DOR’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND RANDS (R1000).
STOR-2-DOR’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT STOR-2-DOR 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 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold Stor-2-Dor 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) Stor-2-Dor’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Lost Property
You understand and agree that it is your responsibility to ensure that all your property is delivered from the third party deliverer. If all your property was not removed from the vehicle of a Third Party Provider when offloading. The Third Party Provider may hand over your property to you, Stor-2-Dor or to the Stor-2-Dor local service entity.
Whilst you may expect Third Party Providers to hand over your property to you, the offices of Stor-2-Dor or the Stor-2-Dor local service entity, Stor-2-Dor or the Stor-2-Dor local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Stor-2-Dor or the Stor-2-Dor local service entity shall not be liable for the loss or damage to your property whilst it is in transit.
Whilst Stor-2-Dor or the Stor-2-Dor local service entity will take reasonable steps to establish the owner of property left in a Third Party Provider’s vehicle if returned to the offices of Stor-2-Dor or the Stor-2-Dor local service entity, when your property is in Stor-2-Dor’s or the Stor-2-Dor local service entity’s possession, you understand and agree that: (i) Stor-2-Dor or the Stor-2-Dor local service entity will only keep your property in its possession for a maximum period of three months from the date on which the Third Party Provider handed your property to Stor-2-Dor or the Stor-2-Dor local service entity; and (ii) should you fail to collect your property from Stor-2-Dor or the Stor-2-Dor local service entity before the expiry of the three month period stipulated, Stor-2-Dor or the Stor-2-Dor local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Stor-2-Dor or the Stor-2-Dor local service entity in respect of your unclaimed property.
Electronic communications
When you use the App or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as.
Ownership and copyright
The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App (“App Content”) are protected by law, including but not limited to copyright and trade mark law. The App Content is the property of Stor-2-Dor, its advertisers and/or sponsors, and/or is licensed to Stor-2-Dor.
You will not acquire any right, title or interest in or to the App or the App Content.
Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Stor-2-Dor representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, e-mail info@afrigle.co.za.
Where any of the App Content has been licensed to Stor-2-Dor 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 third party terms and conditions which are notified to you as being applicable.
Governing Law
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, excluding its rules on conflicts of laws.
Other Provisions
Notice.
Stor-2-Dor 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 Stor-2-Dor by written communication to Stor-2-Dor's address at Afrigle Innovations Pty Ltd, 3 Short Street Florida Ext3, Gauteng, South Africa.
General.
You may not assign or transfer these Terms in whole or in part without Stor-2-Dor’s prior written approval. You give your approval to Stor-2-Dor for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Stor-2-Dor’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Stor-2-Dor or any Third Party Provider as a result of the contract between you and Stor-2-Dor 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.”
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Stor-2-Dor or any of its Affiliates (Afrigle Innovations Pty Ltd)
Stor-2-Dor or any of its affiliates Afrigle Innovations Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Stor-2-Dor or any of its affiliates including Afrigle Innovations Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us.
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