Terms & Conditions

MobeeWash (Pty) Ltd

Registration Number: 2017/ 088248/07

South Africa

 

Service Provider & User Terms and Conditions

Your use of the MobeeWash platform indicates your acceptance of these terms and conditions without modification and will constitute a legal agreement between you and MobeeWash. If you do not wish to be bound by these terms, then you must not use or subscribe to the Platform.

 

  1. Interpretation

 

In this Agreement, unless the context otherwise indicates:

I. “AUP” means the Acceptable Use Policy of MobeeWash that governs the use of the Platform, as amended by MobeeWash from time to time;

II. “Agreement” – these terms and conditions together with the AUP and all annexures and/or schedules hereto, as amended by MobeeWash from time to time;

III. “Business Day” – any day other than a Saturday, Sunday or public holiday officially recognised as such in the Republic of South Africa;

IV. “Commencement Date” – the date on which you agree to be bound by the Agreement by way of electronic medium, for example by clicking “Sign­up” on a web page or via your mobile device;

V. “Confidential Information” – any trade secret and any other information or other data, whether in written, oral, graphic or any other form, which either Party (“Disclosing Party”) discloses or provides to the other Party, or which otherwise becomes known to either Party through the Platform or the Services, which is not in the public domain and which includes, without limiting the generality of the term, information relating to a Service Provider;

V.”MobeeWash” – MobeeWash (Pty) Ltd, with registration number 2017/088248/07, a private company registered in South Africa;

VI. “MobeeWash App” – the MobeeWash App which can be downloaded from the Apple App Store or Google Play;

VII. “Intellectual Property Rights” – all patents, trademarks, trade names, logos, service marks, designs, design rights, copyright (including all copyright in any designs and software), source code, inventions, trade secrets, Confidential Information and all other intellectual property rights and rights of a similar character in and to, or the subject matter of which relates to the Services and the Platform (whether or not same are registered or capable of registration) and all applications and rights to apply for protection of such rights, and including without limitation copyright in the Services and the Platform, all the usual documentation associated with the Services and the Platform, and all upgrades, new versions, modifications and enhancements of the Services and the Platform, from time to time;

IX. “Parties” – MobeeWash and User and “Party” one of them;

X. “Platform” – the MobeeWash platform consisting of:

1. the website located at or www.mobeewash.com; and

2. the MobeeWash App;

XI. “Profile” – the User’s personal profile created by him/her on the Platform;

X. “Services” – the cleaning or related services, which the Service Provider will provide to Users using the Platform;

XII. “Service Provider” – the person or company displaying a Service Provider’s profile on the Platform and which will provide the Services;

XIV. “Users” – you, the subscriber to the Platform who are the end users of the Services.

 

  1. Introduction
  1. The Platform is a communications platform enabling the connection between individuals or companies seeking to obtain certain services and individuals or companies seeking to provide certain services. The Platform therefore creates an intermediate environment where Service Providers can upload Profiles and market their skills, services and availability to Users. It is specifically recorded that neither the Platform nor MobeeWash acts as a temporary employment service provider.
  2. Users can use the Platform subject to the terms of this Agreement.

 

  1. Becoming a MobeeWash Service Provider
  1. The Service Provider shall register as a Service Provider by uploading his/her particulars onto the Platform in order to create a Profile. The Service Provider warrants that all information provided on the Platform shall be correct and up to date.
  2. The Service Provider shall read and then accept this Agreement. Should the Service Provider not agree to the terms of this Agreement, then the Service Provider should not create a Profile on or use the Platform.
  3. The Service Provider will not be able to access and/or use the Platform without a Service Provider name and password.
  4. The Service Provider agrees that:

a) he/she will use the Service Provider name and password for his/her own personal use only, in other words, the Service Provider shall not share his/her Service Provider name or password with another Service Provider;

b) he/she will not disclose the Service Provider name and password to any other person for any reason whatsoever;

c) in the event that his/her password is compromised, he/she will immediately notify MobeeWash and change the password.

5. MobeeWash will not be responsible for any loss arising due to a third party gaining access to the Profile or password and accordingly the Service Provider indemnifies MobeeWash from any loss the Service Provider may suffer as a result thereof.

6. The Service Provider warrants that he/she is 18 years or older and that there is nothing preventing him/her from entering into and complying with this Agreement

 

Obligations and Undertakings of the Service Provider

  1. In the event that the Service Provider fails to comply with its obligations in terms of this Agreement or at law, then, without prejudice to the MobeeWash rights and remedies at law or in terms of the Agreement (including its right to terminate this Agreement and remove the Profile), MobeeWash will be entitled to claim and the Service Provider will be liable for all losses, damages and costs suffered or incurred by MobeeWash as a result thereof.
  2. The Service Provider hereby agrees to comply by the cleaning standards recommended by MobeeWash and in so doing agrees to use the recommended Exterior wash and Nano cleaner supplied by MobeeWash.
  3. The Service Provider agrees to use a suitable Microfibre cloth product with a minimum rating of 350 gsm.
  4. The Service Provider hereby agrees to adhere to generally acceptable Internet and e­mail etiquette. In this, the Service Provider will be expected to have read and familiarised itself with the AUP.
  5. The Service Provider is not in any way affiliated with MobeeWash. In other words, the Service Provider is not an employee, representative, agent or contractor of MobeeWash. MobeeWash shall in no way, manner or form be regarded as a temporary employment service provider. It is therefore the Service Provider’s sole responsibility to agree to the terms of the Services (including but not limited to, what services will be provided, working hours and fees) with the Users and to enter into an appropriate agreement with the User. For the avoidance of doubt, MobeeWash shall not be a party to such agreement and shall not in any way accept any obligations or liability under such agreement.
  6. It is the Service Provider’s responsibility to ensure that it complies with all applicable labour laws.

 

Becoming a User of the MobeeWash Platform

7. The User shall register as a User by uploading his/her particulars onto the Platform in order to create a Profile. The User warrants that all information provided on the Platform by the User shall be correct and up to date.

8. The User shall read and then accept this Agreement. Should the User not agree to the terms of this Agreement, then the User should not create a Profile on or use the Platform.

9. The User will not be able to access and/or use the Platform without a user name and password.

10. The User agrees that:

a) he/she will use the user name and password for his/her own personal use only, in other words, the User shall not share his/her username or password with another user;

b) he/she will not disclose the user name and password to any other person for any reason whatsoever;

c) in the event that his/her password is compromised, he/she will immediately notify MobeeWash and change the password.

11. MobeeWash will not be responsible for any loss arising due to a third party gaining access to the Profile or password and accordingly the User indemnifies MobeeWash from any loss the User may suffer as a result thereof.

12. The User warrants that he/she is 18 years or older and there is nothing preventing him/her from entering into and complying with this Agreement

 

  1. Obligations and Undertakings of the User
  1. The User shall under no circumstances, at any time engage with or contact a Service Provider other than through the Platform, failure to comply with this provision may result in the User’s Profile being removed from the Platform.
  2. In the event that the User fails to comply with its obligations in terms of this Agreement or at law, then, without prejudice to MobeeWash’s rights and remedies at law or in terms of the Agreement (including its right to terminate this Agreement and remove the Profile), MobeeWash will be entitled to claim and the User will be liable for all losses, damages and costs suffered or incurred by MobeeWash as a result thereof.
  3. The User hereby agrees to adhere to generally acceptable Internet and e­mail etiquette. In this regard the User will be expected to have read and familiarised itself with the AUP.
  4. The Service Provider is not in any way affiliated with MobeeWash. In other words, the Service Provider is not an employee, representative, agent or contractor of MobeeWash. MobeeWash shall in no way, manner or form be regarded as a temporary employment service provider. It is therefore the User’s sole responsibility to agree to the terms of the Services (including but not limited to, what services will be provided, working hours and fees) with the Service Provider and to enter into an appropriate agreement with the Service Provider. For the avoidance of doubt, MobeeWash shall not be a party to such agreement and shall not in any way accept any obligations or liability under such agreement.
  5. It is the User’s responsibility to ensure that it complies with all applicable labour laws.

 

  1. Duration
  1. This Agreement will commence on the Commencement Date and will endure until terminated by:
    1. the User at any time by deleting the Profile from the Platform;
    2. MobeeWash at any time by deleting the Profile from the Platform, in its sole discretion.
  2. In the event that MobeeWash decides to discontinue the Services, this Agreement will terminate and the User shall have no claims whatsoever against MobeeWash as a result thereof.

 

  1. Fees
  1. MobeeWash makes no recommendations regarding fees or charges. The User shall pay the Service Provider the fees as advertised on the Platform by him/her from time to time (“Fees”).
  2. The User mandates MobeeWash to accept payment of the Fees from the User on behalf of the Service Provider and then to make payment on behalf of the User to the Service Provider.
  3. The Service Provider shall pay MobeeWash a commission.
  4. The Service Provider shall be liable for any Bank Charges levied to MobeeWash in respect of any transaction undertaken with the User.
  5. MobeeWash shall release the Fees, less the commission due plus relevant bank charges and bank commissions, to the Service Provider once the services have been rendered.
  6. Fees payable to the Service Provider will be aggregated and remitted by EFT (Electronic Funds Transfer) on a weekly basis and as specifically agreed between MobeeWash and the Service provider.
  7. Users will remain liable for the Fees or any portion thereof, for any booking cancelled by the User where the User gave the Service Provider less that the agreed minimum notice period as stipulated by the Service Provider.
  8. The User shall, where applicable, be liable for any payments due to the Unemployment Insurance Fund (“UIF”) or for any payments or assessment due and owing under the Compensation for Occupational Injuries and Diseases Act (“COIDA”).

 

  1. Security and Privacy
  1. MobeeWash will take whatever action MobeeWash may deem necessary and reasonable to preserve the security and reliability of its Platform.
  2. The User may not utilise any service in any manner which may compromise the security of the Platform, or any other network connected to the Platform.
  3. MobeeWash takes reasonable steps to secure the User’s payment information. MobeeWash uses an internationally accepted third-party payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
  4. MobeeWash will deal with the User’s personal information in accordance with the provisions of its Privacy Policy which is available on the Platform.

 

  1. Communication, Complaints Handling And Dispute Resolution
  1. The User agrees that MobeeWash may from time to time send the User communications regarding (without being limited to) special offers or discounts which MobeeWash may negotiate for and offer to its subscribers and/or new services or products launched. All communications will abide by the MobeeWash Privacy Policy and applicable law. The User will always be entitled to notify MobeeWash in writing that the User do not wish to receive or continue to receive such communications.
  2. Complaints must be submitted to MobeeWash and will be dealt with by MobeeWash in accordance with the provisions of this clause. This excludes any disputes relating to the employment relationship between the Service Provider and User. MobeeWash will not be a party to disputes between the User and the Service Provider.
  3. Without prejudice to the User’s rights in law, the User is required, to first approach MobeeWash with any complaint or dispute (excluding any dispute relating to the employment relationship between the Service Provider and User) and afford MobeeWash an opportunity to resolve a complaint before the User approaches any relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 8.9 below.
  4. Please direct all complaints to info@MobeeWash.com. The User’s complaint should include the following
    1. the User’s name and surname;
    2. the User’s username;
    3. the date on which the complaint arose; and
    4. a brief description of what gave rise to the complaint.
    5. In the event of a billing complaint the User should also include the following
    6. the reason for the dispute;
    7. the amount in dispute; and
    8. supporting information or documentation, if any.
  5. MobeeWash will acknowledge receipt of the User’s complaint within 3 (three) Business Days of receipt thereof.
  6. MobeeWash will formally respond with a view to proposing a resolution of the User’s complaint in writing within 14 (fourteen) Business Days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third-party service provider.
  7. The User may approach any relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 8.9 below, for resolution of the dispute, should the User not be satisfied with the proposed resolution of the dispute by MobeeWash.
  8. Any dispute between the Parties may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held either in Cape Town or Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This Agreement to arbitrate shall be enforceable in, and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.
  9. The arbitrator shall have the power to give default judgement if any Party fails to make submissions on due date and/or fails to appear at the arbitration.
  10. The provisions set out above shall not prevent either Party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.

 

  1. Intellectual Property Rights
  1. The User irrevocably acknowledges and agrees that any and all rights in and title to the Platform, including all of the software, trademarks, copyright and other Intellectual Property Rights used or embodied in or in connection with the Platforms, are and will remain the sole property of MobeeWash and that no Intellectual Property Rights therein are granted or assigned under this Agreement.
  2. The User may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing the Platform, for your own personal and non- commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties.
  3. Under no circumstances may the User attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from the Platform.
  4. MobeeWash grants the User a non­exclusive, non­transferable, right to use the Platform, solely for his/her own personal, non­commercial purposes, subject to the terms and conditions of this Agreement.

 

  1. Confidentiality
  1. Having regard to the definition of “Confidential Information” in 1.5 and in order to protect the proprietary interests of both Parties and the Service Provider in and to their Confidential Information and trade secrets, the Parties shall, at all times and notwithstanding the cancellation or termination of this Agreement hold in confidence all Confidential Information received from each other or the Service Provider and shall not use, copy, disseminate or in any other manner whatsoever deal with the Confidential Information, or divulge or disclose the Confidential Information to any third party.

 

  1. Disclaimer of Warranties
  1. The User expressly understands and agrees that
    1. MobeeWash will use reasonable endeavours to make the Platform available to the User and to maintain the availability thereof for use by the User. However, the User’s use of the Platform is at the User’s sole risk. The Platform is provided on an “as is” and “as available” basis. MobeeWash expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non­infringement;
    2. MobeeWash makes no warranty that the Services will meet the User’s requirements. MobeeWash will not assess the suitability, legality or ability of the Service Provider and the User expressly waives and releases MobeeWash from any and all liability, claims or damages arising from or in any way related to the Services or the Service Provider (including, without limitation, any theft or damage to property, person injury or the negligence, conduct or performance of the Service Provider).
    3. MobeeWash will not be a party to disputes between the User and the Service Provider.

 

  1. Indemnity
  1. The User hereby unconditionally and irrevocably indemnifies MobeeWash and agree to hold MobeeWash harmless against all loss, damages, claims, liability and/or costs, of whatsoever nature, howsoever and whensoever arising, suffered or incurred by MobeeWash or instituted against MobeeWash as a result of (without limitation):
    1. User’s use of the Platform;
    2. Service Provider’s behaviour towards Users or the provisioning of the Services to Users;
    3. User’s conduct towards a Service Provider;
    4. User’s loss of his/her password;
    5. User’s failure to comply with the terms of this Agreement;
    6. any unavailability of, or interruption in the Platform;
    7. any other cause whatsoever relating to MobeeWash’s provision of the Platform to the Service Provider.

 

  1. Limitation of Liability
  1. MobeeWash will not be liable to the User, whether in contract, delict or otherwise, for any indirect or consequential damages including (without limitation) loss of data, profits or custom, and/or business foregone, whether foreseeable or not and whether or not in the contemplation of the Parties at the time of the conclusion of this Agreement.
  2. Notwithstanding the provisions of this Agreement, should MobeeWash be found to be liable for a claim resulting from this Agreement, then in no event shall MobeeWash’s aggregate liability exceed the amounts actually paid by the User to the Service Provider in the six (6) month period immediately preceding the event giving rise to a claim.

 

  1. Amendment of this agreement
  1. MobeeWash reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on the Platform together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is the User’s obligation to visit the Platform on a regular basis in order to determine whether any amendments have been made. User’s use of the Platform after changes are posted shall constitute acceptance of any changed or additional terms.

 

  1. General
  1. The Parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the Parties.
  2. No indulgence, leniency or extension of time which MobeeWash may grant or show to the Service Provider shall in any way prejudice MobeeWash or preclude MobeeWash from exercising any of its rights in the future.
  3. The Service Provider may not transfer, assign or otherwise delegate any of its rights or obligations under this Agreement, including, without limitation, by engaging subcontractors. MobeeWash shall be entitled to cede its rights and delegate its obligations under this Agreement without the consent of the Service Provider.
  4. This Agreement shall be governed by the laws of South Africa. The Service Provider hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of South Africa in respect of any proceedings that may be initiated by MobeeWash arising out of this Agreement, provided that MobeeWash shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of South Africa and, in such event, the Service Provider consents to the jurisdiction of such court.
  5. The physical address where MobeeWash will receive legal service of documents/ domicilium citandi et executandi is the following: Suite 006, Ground Floor, Granger Bay Court, Beach Road, V&A Waterfront, Cape Town.

 

Acceptable Use Policy

Introduction

  • By using the Platform, you agree to comply with this AUP. MobeeWash reserves the right to change or modify the terms of the AUP at any time by posting an updated version on its Platform. Your use of the Platform once changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

Prohibited Activities

General Prohibitions

  • MobeeWash prohibits use of the Platform in any way that is: i) unlawful, incitement to commit criminal acts, harmful to or interferes with use of MobeeWash’s network or systems; ii) infringes intellectual property rights; iii) results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or iv) constitutes abuse, a security risk or a violation of privacy.
  • Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications, or other services that are accessed via a link from the Platform is a violation of this AUP.

Violation of Intellectual Property Rights

  • The Platform shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re­transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of MobeeWash or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
  • You shall not reproduce, duplicate, copy or re­sell any part of the Platform.

Inappropriate Interaction with Minors

  • The Platform should not be used for the purpose of commission an offence against a child or in way that would constitute or promote unlawful interaction with children.

Security Violations

  • Users are responsible for ensuring and maintaining security of their own systems and the machines that connect to and use the Platform, including implementation of necessary patches and operating system updates.
  • The Platform may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of MobeeWash’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.
  • You shall not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time­bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Your Responsibilities

  • You remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Platform. MobeeWash has no responsibility for the accuracy of any information posted on the Platform or accessible using the Platform, including information provided by Service Provider or on third-­party websites linked to the Platform.

Interactive Platform

  • MobeeWash’s services may include interactive services, including, without limitation, chat or messaging facilities, or bulletin boards.
  • MobeeWash will do its best to assess any possible risks for you from third parties, including Service Providers and Users, when using any interactive services. However, MobeeWash is under no obligation to oversee, monitor or moderate any interactive service and MobeeWash expressly exclude our liability for any loss or damage arising from the use of any interactive service by you.

Content standards

  • These content standards apply to any and all information which you contribute to our Platform (“Contributions”), and to any interactive services associated with it.
  • You must comply with the spirit and the letter of the following standards.
  • Contributions must not:
    • Contain any material which is defamatory of any person.
    • Contain any material which is obscene, offensive, hateful or inflammatory.
    • Promote sexually explicit material.
    • Promote violence.
    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any copyright, database right or trade mark of any other person.
    • Be likely to deceive any person.
    • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
    • Promote any illegal activity.
    • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
    • ○ Be likely to harass, upset, embarrass, alarm or annoy any other person.
    • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
    • Give the impression that they emanate from MobeeWash, if this is not the case.
    • Advocate, promote or assist any unlawful act.