You agree that by registering a user profile on Jrney, you are entering into a legally binding agreement with Jrney Pty Ltd. Furthermore, you agree that by using the Service, you agree to those provisions of this document which concerns the content on the Service and your conduct thereon.
If you do not want to use the Service and be bound by the provisions of this Agreement, do not register as a User. Jrney reserves the right to amend the Agreement at any time. In the event that a change is significant, we will display a notice on the Jrney website or send you an email. The change will be effective as of its notification to the User.
The User enters into this agreement regarding the use of the Jrney services with Jrney Pty Ltd, a company registered in South Africa with company registration number 2018/349515/07, whose registered office is at East London, South Africa.
Jrney is a matching service and not a delivery transport solution.
It is not a commercial service, rather it allows users to be reimbursed in full or in part their costs for travelling or sending an item to another location.
Users cannot send any items that would be illegal to be transported in any country. For greater certainty the following items must not be transported by a user, including but not limited to: firearms or components of firearms, weapons, corrosive or hazardous substances, drugs and tools capable of being used as weapons and explosives or any illegal item relating to the country of transport.
In addition, Jrney has the right to object to any item that may be transported using the Service, if Jrney is aware of what is to be transported and has reasonable grounds for objecting.
In addition, Jrney accepts no responsibility for the safety of a passenger or driver and Jrney recommends that you do not accept a passenger or lift if you feel unsafe. Jrney reserves the right to provide and support any government agency by providing information relating to any journey which is facilitated through the Jrney application or website.
IMPORTANT: As the Service is only a platform to allow members to contact each other, please be aware that we do not perform any verification or checks (such as to age, gender, driving licence, insurance cover or any other features or characteristics of any users of the Website). You should take appropriate steps to investigate a registered user before you take a journey with them, and only do so if you are totally satisfied with their credentials, characteristics and who they say they are. We cannot, and do not, offer any assistance in these areas.
When arranging to meet another registered user through use of the Services, you must take appropriate precautions and should take note of the safety guidelines in our FAQs . Any such meetings or journeys that you take are at your own risk and are not our responsibility.
If you have concerns over what items may be transported using the Service, please contact us at firstname.lastname@example.org.
If a User’s activity is commercial, then it must adhere to all laws governing the transport of goods, including and not limited to having the required insurance, licenses and/or permits.
Capitalized words in this Agreement shall have the meaning set out below:
Agreement shall mean this document and any documents it refers to
Parties shall mean the User and Jrney
Service shall mean the service of facilitating contact between Users of the Service via the web, mobile app, or otherwise
Users shall mean Users who enter into a contract with a Sender, Driver, Passenger to transport an item from and to or give or accept a lift from an agreed location(s) and by the agreed means of transport, and who undertakes to perform such transport
Usage Rules means the recommended rules between Users
Sender(s) shall mean a User(s) who enter into a contract with a Driver, and who is requesting the transportation of an item
Passenger(s) shall mean a User(s) who enter into a contract with a Driver, and who is requesting the transportation of an item
Driver(s) shall mean User(s) who enter into a contract with a Passenger(s) or a Sender(s), and who is providing the transportation of an item or providing a lift
Website shall mean the website on which the Service is provided
By entering into this Agreement, the User obtains access to the Service as it is offered from time to time. Jrney is free to add, remove or change features or functionality of the Service. Jrney will make reasonable efforts to inform you of such changes by making available such information on the website or otherwise.
Jrney matches Users on the move to utilize available transport capacity. The Service matches Senders and Passengers with a need to have something transported or to provide a lift with Drivers willing to do the transportation or provide a lift. All registered Users can act both as Senders, Passengers and Drivers. The Service provides the ability to match these three parties. After matching, Users finalise transportation arrangements directly. Jrney provides Usage Rules which contains recommended terms and conditions between the Users.
Users enter into a direct agreement with each other and Jrney is not a contractual party to such agreement entered into between Users. Jrney merely supplies the medium for Users to connect with each other and to facilitate payments for Services and other added-value services rendered between Users as offered by Jrney from time to time.
While Jrney requests information to identify registered Users, the Service is dependent on the Users providing correct information. Consequently, Jrney does not take any responsibility for the actions or omissions of any Users connecting via the Service and neither does Jrney assume any responsibility for the accuracy or reliability of User information or any other information on the Service.
The User understands that items sent may be packaged or wrapped, but it is not a requirement that the item is packaged or wrapped. Any damage to the item due to lack of packaging or wrapping is not the responsibility of Jrney.
As a User of the Service you agree to receive communications from Jrney. This communication is related to you being a user of the Jrney Service, and might happen through e-mail, phone, SMS, in-apppush messages or post. The content of this communication might be service messages, status messages related to tasks, matching messages and newsletters from Jrney. You can at any time unsubscribe from the newsletters, and change the notifications settings. Some system critical messages cannot be turned off.
The User can be a natural or a legal person (including a company). All Users are required to register a profile in order to use the Service.
Jrney uses the information you provide to facilitate the contact between different Users of the Service so that a request can be handled by the Driver undertaking to perform the transportation service.
When you register as a User, we might need the following information:
The information is used to establish contact between Users, manage the Agreement and to take reasonable measures to verify the identity of Users where possible.
In addition, you may need to provide further information in connection with each individual transaction which allows the Sender to determine the means of transport, location for pickup, location for delivery, dates and times.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult.
Jrney cannot, and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users' purported identities or the validity of the information which they post on our site.
To be able to use Jrney's Services the User must register an account prior to using any of the Services. The User warrants and represents that all of the data provided by the User for registration is true, accurate and complete. The User shall report any changes in the registration data to Jrney without undue delay. Failure to adhere to said condition is a fundamental breach of this Agreement.
The following usage rules shall apply for your use of the Service:
Jrney shall use reasonable endeavours to ensure that the Service will be available at all times. However, the User acknowledges and agrees that events related to maintenance, security or capacity requirements, and/or events beyond Jrney's control may result in malfunctions or interruptions of the Service. Jrney excludes to the fullest extent permitted by law, all liability for damage caused by any such interruption or errors in functioning.
Jrney provides the platform on which Users can connect so as to enable them to enter into agreements directly with each other for the provision of transport services and Jrney takes no responsibility for the type of goods transported or the type of Lift offered or for the performance of the transport service itself, these are matters between the Sender, Passengers and the Driver.
Jrney makes no warranties or representations regarding any data and/or information published or otherwise made available on the Service from Users of the Service, or on any external websites linked to or referred to on the Service.
Neither Jrney nor its directors, agents and employees, shall be liable to you in contract, tort, including negligence, or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
Where you are subject to a jurisdiction that does not allow the disclaimer of warranties or exclusion of damages, such disclaimers and exclusions may not apply to you.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you transport using the Service.
Where the preceding exclusion fails to apply, if Jrney is found liable, our liability to you or to any third party is limited to the greater of (a) the aggregate amount of Matching Fees incurred during the 6 months prior to the action giving rise to the liability, or (b) R1000.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
By providing information to Jrney, you as a User, represent and warrant that you are entitled to submit the information and that the information is accurate, true, not confidential, and not in violation of any contractual restrictions or other third party rights.
You shall indemnify and hold Jrney harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of information that infringes third party rights or applicable laws or your failure to comply with the Usage Rules, (2) any information you submit to the Services, and (3) any activity in which you engage on or through the Service.
Jrney makes reasonable efforts to verify the identity of registered Users. However, Jrney explicitly disclaims any liability in connection with Users who submit inaccurate or incorrect information. The User warrants and shall indemnify and hold harmless Jrney for any loss due to inaccurate or incorrect information being submitted by the User, or the registered profile being used by someone else than the registered User.
When registering with Jrney you the User agree that Jrney may use and store the information provided by you in order for Jrney to manage and maintain the relationship with the User. Jrney may contact you at the email address specified in your profile with information about services and new offers from Jrney.
You have the right to request access to the information we have stored about you as well as requesting that we correct any erroneous information we have stored about you. For any queries regarding our use of personal data, please contact us at email@example.com.
Jrney shall retain any and all intellectual property rights to all features and content of the Service, including but not limited to pictures, video, audio, text, design elements and source code. Subject to compliance with the terms of this Agreement, the User is granted a royalty-free (subject to any fees for accessing the Service being paid), non-exclusive, non-transferable license to use the Service in accordance with this Agreement throughout the term of this Agreement.
The price consists of several elements, (i) the price for the transport service which is solely subject to agreement between the Users, (ii) the price for the Service provided by Jrney (the “Matching Fee”) and, (iii) price of other premium services that Jrney may add from time to time.
The price for the service offered by the User is agreed between the Users and shall be as set out in the agreement between the Users. The User will confirm any changes to the price if such a price is changed from the original price.
The Matching Fee includes VAT (when applicable) and is based on the price of transport cost as agreed between the Users. It may change from time to time, depending on the delivery type, distance, speed or for any other reason, at the sole discretion of Jrney. Such fee will always be communicated by Jrney.
Senders may pay the agreed price for the transport service by using a credit card or via any other method authorised by Jrney.
Senders shall pay the Matching Fee directly to Jrney by using a credit card immediately following the completed transport, and the Sender hereby consents to Jrney charging the Matching Fee from the credit card provided upon registration. Jrney reserves the right to charge its Matching Fee and the User payment upon successfully matching Driver and Sender or Passenger, or hold said amount on the User Credit Card prior to completed delivery.
Where a User fails to pay the Matching Fee due, interest shall accrue at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 from the date that payment is due. After a period of 10 days, an administration charge of R750 shall be added to the amount due to Jrney and Jrney reserves the right to collect payment through court proceedings. If a User wishes to use the Service where any fees are outstanding from earlier transactions, those fees must be cleared in full by the User before he may use the Service again.
As part of the service, Jrney may process payment between Users. Jrney is only able to transfer the payment if it is has successfully collected it from the Sender or Passenger. Failure to collect said fee, for any reason whatsoever, will result in the Driver not receiving the Fee. Upon a successful collection of the Sender or Passenger Payment, Jrney will make reasonable efforts to transfer the payment within a reasonable timeframe. Subject to receipt of payment from the Sender or Passenger, and no other issues arising, Jrney aims to make payment to the Driver within 5 working days.
Jrney will not transfer the payment should a dispute arise between the Users and/or if there is a claim for damage or theft by Sender or Passenger. Furthermore, Jrney reserves the right to recover any Driver payments and the Driver agrees to return any payment received if Jrney, at its sole discretion, finds that Driver was responsible for any damage or theft.
Jrney may restrict, suspend or terminate the account of any User who abuses or misuses the Services or if the User violates the Agreement, without further notice to the User. Any attempt to circumvent the service would be grounds for suspension and termination. Circumvention of the service includes and not limited to concluding transactions outside the system (i.e. trying to avoid concluding deliveries within the system etc.) with the attempt to avoid using Jrney’s payment system and avoiding any matching fee associated with using the service. Jrney reserves the right to recover the fee, plus an administrative fee of R1,500 from Driver or Sender or Passenger, or all three.
15.1 Jrney may transfer its rights and obligations under these terms to another organisation.
15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If a dispute arises between you and Jrney, we encourage you to first contact us directly to seek to resolve the matter by contacting us at firstname.lastname@example.org.
We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement between you and Jrney shall be governed by and construed in accordance with the laws of South Africa.
You and Jrney both agree to submit to the non-exclusive jurisdiction of the South African Courts. The use of the phrase "non-exclusive jurisdiction of the South African Courts" means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in South Africa, but you may also elect to bring a claim in the court of another country instead. However in whatever Court you bring a claim, South African law will apply.
To be able to provide the Service, Jrney will process contact information and other personal data about the Users of the Service. All personal data will be processed in a fair and lawful way in accordance with the UK Data Protection Act 1998.
Controller for personal data is:
Jrney (PTY) Ltd, East London, South Africa.
All Users are required to register a profile in order to use the Service. The User can be a natural or a legal person.
The information will be used by Jrney to perform its Service and to manage and maintain the relationship with the User.
The core feature of the Service is to facilitate contact between different Users of the Service so that a request can be handled by the Driver undertaking the transportation or lift service.
The information is also used to take reasonable measures to verify the identity of Users.
Jrney may contact you at the email address specified in your profile with information about services and new offers from Jrney.
When you register as a User, we will need the following information:
In addition, you may need to provide further information in connection with each individual transaction which allows the Driver to determine the means of transport, price, etc.
Personal data is collected
Personal data will be disclosed to the extent necessary to facilitate contact between different Users of the Service so that a request can be handled by the Driver undertaking to perform the transportation or lift service.
Personal data will not be disclosed to third parties, unless the following applies:
In accordance with the UK Data Protection Act 1998 you have the right to request access to the information we have stored about you as well as requesting that we correct any erroneous information we have stored about you. For any queries regarding our use of personal data, please contact us at email@example.com
Correction of personal data may also be done by logging into the User profile. Users are obliged to keep information accurate and complete. The User must report any changes in its registration data to Jrney without undue delay.
Upon termination of this Agreement, Jrney will delete within a reasonable period of time, all personal data, unless storage is required by law or necessary to complete a transaction in accordance with this Agreement.
Jrney has implemented technical and organizational measures to reasonably protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access.
We refund all credit card charges that are related to potential technical errors in the Jrney system. Anyone requesting refunds should mail us at firstname.lastname@example.org, stating the problems and the relevant task id.
Refunds are issued at the discretion of Jrney's management within a 30-day period after date of order. In your claim, please, include explanation of reasons for a refund, and your order information. All enquiries are free of charge.