These terms and conditions ("User Terms"
) apply to your visit to and your use of our website at wumdrop.com
), the Service and the App (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the App.
You are contracting with HB Unlimited Overs Cricket (Pty) Ltd. t/a WumDrop (registration number 2013/234964/07), a private limited liability company incorporated in the Republic of South Africa, having its registered offices at 16 Peltier Drive, Sunninghill, Johannesburg, South Africa, 2157. Our contact number is +27 21 480 3425. ("Wumdrop"
3. The Service
Wumdrop offers information and a means to obtain courier services offered by third party courier providers (your "Heroes"
), which may be requested through the use of an App supplied by Wumdrop and downloaded and installed by you on your single mobile device (smart phone) (the "App"
). All services provided by Wumdrop to you by means of your use of the App are hereafter referred to as the "Service"
4. How is a contract concluded between Wumdrop and you?4.1.
By using the App or the Service, you enter into a contract with Wumdrop (the "Contract"
). In order to be able to use the App or Service, you first need to sign up with Wumdrop. When signing up, you are obligated to provide Wumdrop with your personal information, mobile telephone number and credit card data. Upon successful completion of your signing up with Wumdrop, Wumdrop will provide you with a personal account, accessible for you with a password of your choice. 4.2.
You have to be 18 years of age or older to use the Service or App. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the App.
5. How to use the Service and the App5.1.
The App allows you to send a request for courier services to the Heroes. The GPS receiver - which should be installed on the mobile device (smart phone) on which you have downloaded the App - detects your location and sends your location information to the relevant Hero. The Hero has sole and complete discretion to accept or reject each request for courier services. The Hero also has sole and complete discretion over whether to use the App to receive the leads generated through the App. If the Hero accepts a request, the App notifies you and provides information regarding your Hero - including its name, vehicle license number, and customer service rating - and the ability to contact the Hero by telephone. The App also allows you to view your Hero's progress towards the pick-up point, in real time. 5.2.
Estimated time of arrivals (ETA’s) however remains estimates and may be inaccurate. Wumdrop will not be liable for any delays in the collection of goods. 5.3.
Wumdrop shall procure reasonable efforts to bring you into contact with a Hero in order to obtain courier services, subject to the availability of Heroes in or around your location at the moment of your request for courier services. 5.4.
For the avoidance of doubt: Wumdrop itself does not provide courier services, and Wumdrop is not a courier. It is up to the Hero to offer courier services, which may be requested through the use of the App and/or the Service. Wumdrop only acts as intermediary between you and your Hero. The provision of the courier services by your Hero to you is therefore subject to the agreement (to be) entered into between you and your Hero. Wumdrop shall never be a party to such agreement.
6. Your use of the App or the Service6.1.
You warrant that the information you provide to Wumdrop is accurate and complete. Wumdrop is entitled at all times, but not obliged, to verify the information that you have provided and to refuse the Service or use of the App without providing reasons. 6.2.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct App for your device. Wumdrop is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. Wumdrop reserves the right to terminate the Service and the use of the App should you be using the Service or App with an incompatible or unauthorized device. 6.3.
By using the App or the Service, you further agree that: 6.3.1.
You will only use the Service or download the App for your sole, personal use and will not resell it to a third party; 6.3.2.
You will not authorize others to use your account; 6.3.3.
You will not assign or otherwise transfer your account to any other person or legal entity; 6.3.4.
You will not use an account that is subject to any rights of a person other than you without appropriate authorization; 6.3.5.
You will not use the Service or App for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes; 6.3.6.
You will not use the Service or App to cause nuisance, annoyance or inconvenience; 6.3.7.
You will not impair the proper operation of the network; 6.3.8.
You will not try to harm the Service or App in any way whatsoever; 6.3.9.
You will not copy, or distribute the App or other Wumdrop Content without written permission from Wumdrop; 6.3.10.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the App; 6.3.11.
You will provide us with whatever proof of identity we may reasonably request; 6.3.12.
You will only use an access point or 3G data account (AP) which you are authorized to use; 6.3.13.
You are aware that when requesting transportation services by SMS (if available), standard messaging charges will apply; 6.3.14.
You will not use the Service or App with an incompatible or unauthorized device; 6.3.15.
Wumdrop reserves the right to immediately terminate the Service and the use of the App should you not comply with any of the above rules. 6.4.
Permitted Items 6.4.1.
Heroes may only transport items that a normal human can carry i.e. weighing no more than 15 kilograms. 6.4.2.
In order for a package to be delivered it must be able to fit into an A0 waybill bag. 6.4.3.
Your Hero may refuse to accept certain oversized items. 6.4.4.
You may NOT send for delivery: 188.8.131.52.
People or animals of any size; 184.108.40.206.
Illegal items; 220.127.116.11.
Fragile items; 18.104.22.168.
Very expensive or rare items; 22.214.171.124.
Dangerous items (weapons, explosives, flammable, etc.); 126.96.36.199.
Stolen goods; 188.8.131.52.
Any items for which you do not have permission to send (“Restricted Items”)
If your Hero refuses to accept an item due to size or weight or because it is a Restricted Item or because the Hero is asked to purchase an item, a cancellation fee will automatically apply. 6.4.6.
Heroes reserve the right to refuse to accept any item in their sole discretion. 6.4.7.
Heroes will not purchase items for delivery. 6.5.
You can call your Hero at any time by contacting him/her on the telephone number provided to you once the goods have been collected by your Hero.
7. Chain of Custody7.1.
You must ensure that the person indicated by yourself (the “Receiver”
) will be at the delivery address to take receipt of the goods. 7.2.
Your Hero will be permitted to deliver the goods to another responsible person only in the event of such person being specifically mandated by the Receiver to take receipt of the goods. 7.3.
In order to complete delivery, one of the following must occur: 7.3.1.
Hero takes a photo of item with Receiver’s business card; 7.3.2.
Hero takes a photo of item with Receiver’s ID; or 7.3.3.
Hero takes photo with Receiver. 7.4.
Should you wish to waive the normal chain of custody process, a text message confirmation send to your Hero is required indicating no recipient is necessary. In such event the goods will be left at the location specified by yourself.
8. Cancellation Policy8.1.
Upon arrival at the delivery address, your Hero will wait 5 minutes for the Receiver to take receipt of the goods. In the event that neither the Receiver or a person mandated by the Receiver is available at the delivery address to take receipt of the goods and the normal chain of custody is not waived, the Hero will return the goods to you at the original collection address. 8.2.
Should you also be unavailable to take delivery when the goods are returned to you as contemplated in clause 8.1, your Hero will leave the goods at the original collection address either by handing it to someone who your Hero deems responsible or by placing the goods near the entrance of the building. Wumdrop will not be responsible for any loss or damage caused to, including the theft of, the goods in these circumstances. 8.3.
You will be responsible for payment of the full delivery fare and a cancellation fee, as determined by Wumdrop from time to time, should the event set out in clauses 8.1 or 8.2 occur.
9. Protection of Personal Information9.1.
For the purposes of this User Term, the following definition applies: 9.1.1. “Personal Information”
means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to – 184.108.40.206.
information relating to the race, gender, sex, pregnancy, marital status, national, ethic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; 220.127.116.11.
information relating to the education or the medical, financial, criminal or employment history of the person; 18.104.22.168.
any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person; 22.214.171.124.
the blood type or any other biometric information of the person; 126.96.36.199.
the personal opinions, views or preferences of the person; 188.8.131.52.
correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; 184.108.40.206.
the views or opinions of another individual about the person; and 220.127.116.11.
the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person. 9.2.
You acknowledge that Wumdrop will, through the provision of the Service be furnished with and have access to certain information provided by you, which may include Personal Information and that it may furnish your Hero with such information and you hereby consent to the use of the information for the purpose of performing the Service. 9.3.
Wumdrop will process the information in accordance with the Service as described in these User Terms and shall take all reasonable steps to safeguard the information. 9.4.
You agree to Wumdrop using the information in respect of the following purposes:9.4.1.
marketing on special offers related to the Service; 9.4.2.
statistical and/or research purposes. 9.5.
Wumdrop shall not make unauthorised use of the information. 9.6.
Wumdrop is not required to and does not check or verify information provided to it by you and will not be responsible for any incorrect or inaccurate information provided to it. Save were caused by Wumdrop’s gross negligence and notwithstanding clause 9.3, Wumdrop shall not be liable for any errors, omissions, loss, deletion, theft, destruction or unauthorised access or alteration relating to any information provided to it by you.
The use of the App and the Service is free of charge. Wumdrop reserves the right to introduce a fee for the use of the App and/or the Service. If Wumdrop decides to introduce such a fee, Wumdrop shall inform you accordingly and allow you to either continue or terminate the Contract. 10.2.
The rates that apply for the courier services by the Hero can be found on the Website and through the App. These may be modified or updated by Wumdrop from time to time. It is your own responsibility to remain informed about the current rates for the courier services. 10.3.
Wumdrop shall charge you for the courier services provided to you by the Hero on behalf of your Hero. You agree that you will pay for all courier services you purchase from your Hero, and that Wumdrop may charge your credit card account as provided by you when registering for the Service for the courier services (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Wumdrop with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable. 10.4.
Wumdrop uses a third-party payment processor (the "Payment Processor") to link your credit card account to the App and Service. The processing of payments or credits, as applicable, in connection with your use of the App and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Wumdrop is not responsible for any errors by the Payment Processor.
11. Indemnification 11.1.
your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; 11.2.
your violation of any rights of any third party, including Heros arranged via the App, or 11.3.
your use or misuse of the App or Service.
12. Liability 12.1.
The information, recommendations and/or services provided to you on or through the Website, the Service and the App is for general information purposes only and does not constitute advice. Wumdrop will reasonably keep the Website and the App and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or App are free of errors, defects, malware and viruses or that the Website and/or App are correct, up to date and accurate. 12.2.
Wumdrop shall not be liable for any damages resulting from the use of (or inability to use) the Website or App (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or App, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Wumdrop. 12.3.
Wumdrop shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the App, including — but not limited to — damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. 12.4.
The quality of the courier services requested through the use of the App or the Service is entirely the responsibility of the Hero who ultimately provides such courier services to you. Wumdrop under no circumstance accepts liability in connection with and/or arising from the courier services provided by the Hero or any acts, actions, behaviour, conduct, and/or negligence on the part of the Hero, including any loss of and/or damage to the goods handed to your Hero for delivery. Any complaints about the courier services provided by your Hero should therefore be submitted to your Hero.
14. License Grant, Restrictions and Copyright Policy14.1.
For the purpose of this User Term, the following definitions apply: 14.1.1. "Content"
means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the App), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials. 14.1.2. "Wumdrop Content"
means Content owned or used by Wumdrop, its affiliates or licensors and made available through the Website, Service or App, including any Content licensed from a third party, but excluding User Content. 14.1.3. "User"
means a person who accesses or uses the Service or App. 14.1.4. "User Content"
means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or App. 14.1.5. "Collective Content"
means, collectively, Wumdrop Content and User Content. 14.2.
Subject to your compliance with these User Terms, Wumdrop grants you a limited, non-exclusive, non-transferable license: 14.2.1.
to view, download and print any Wumdrop Content solely for your personal and non-commercial purposes; and 14.2.2.
to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. 14.3.
You have no right to sublicense the license rights granted in this section. 14.4.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, App or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of Wumdrop. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Wumdrop or its licensors, except for the licenses and rights expressly granted in these User Terms. 14.5. License Granted by User 14.5.1.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or App. User Content will be deemed non-confidential and non-proprietary. Accordingly, Wumdrop shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world ("License Grant"
You acknowledge that Wumdrop only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Wumdrop shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Wumdrop be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Wumdrop. 14.5.3.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. 14.5.4.
You agree to indemnify and keep Wumdrop, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Wumdrop or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the App. 14.5.5.
Wumdrop reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Wumdrop believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Wumdrop. 14.5.6.
You agree to promptly notify Wumdrop in writing of any User Content which breaches these User Terms. You agree to provide to Wumdrop sufficient information to enable Wumdrop to investigate whether such User Content breaches these User Terms. Wumdrop agrees to make good faith efforts to investigate such complaint and shall take such action as Wumdrop in its sole discretion decides. However, Wumdrop does not warrant or represent that it will block or remove (in whole or in part) such user Content. 14.6. App License
Subject to your compliance with these User Terms, Wumdrop grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. 14.7. You shall not 14.7.1.
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or App in any way; 14.7.2.
modify or make derivative works based upon the Service or App; 14.7.3.
create Internet "links" to the Service or "frame" or "mirror" any App on any other server or wireless or Internet-based device; 14.7.4.
reverse engineer or access the App in order to 18.104.22.168.
design or build a competitive product or service, 22.214.171.124.
design or build a product using similar ideas, features, functions or graphics of the Service or App, or 126.96.36.199.
copy any ideas, features, functions or graphics of the Service or App, or 14.7.5.
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or App. 14.8. You shall not: 14.8.1.
send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; 14.8.2.
send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; 14.8.3.
send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; 14.8.4.
interfere with or disrupt the integrity or performance of the Website, the App or Service or the data contained therein; or 14.8.5.
attempt to gain unauthorized access to the Website, the App or Service or its related systems or networks. 14.9.
Wumdrop will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Wumdrop may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that Wumdrop has no obligation to monitor your access to or use of the Website, Service, App or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the App and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Wumdrop reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Wumdrop, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or App. 14.10. Copyright Policy
Wumdrop respects copyright law and expects its users to do the same. It is Wumdrop’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. Please see Wumdrop’s Copyright Policy at https://www.Wumdrop.com/legal/copyright, for further information. 14.11. Intellectual Property Ownership 14.11.1.
Wumdrop alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, App and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, App or the Service. 14.11.2.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the App or the Service, or any intellectual property rights owned by Wumdrop. Wumdrop’s name, logo, and the product names associated with the App and Service are trademarks of Wumdrop, its affiliated companies or third parties, and no right or license is granted to use them.