TERMS & CONDITIONS

1. DEFINITIONS

1.1 “The Service” means the chauffer service rendered by Designated Driver SA to the Member in terms of this Agreement;

1.2 Designated Driver SA means Creditpro Pty Ltd T/A Designated Driver SA 2014/004755/07

1.3 “Service Call Out” means the action by which the Member calls the Call Centre and requests the Service from the Collection Point to the Drop Off Point;

1.4 “Ad Hoc Booking” means a Service Call Out by a Member requesting the next available Driver during operating Hours;

1.5 Operating hours” means from Monday to Thursday from 8:00am until 1am, and Friday to Saturday from 4:00pm until 3:00am, and Sunday from 4:00pm until 12:00am

1.6 “Collection Point” means the address at which the Member requests to be collected for purposes of using the Service, and “Collection Time” means the time at which the Driver arrives at the Collection Point, “Drop Off Point” means the address where the Member requests to be dropped off on completion of the Service;

1.7 “Driver” means a person employed by Designated Driver SA as a chauffeur;

1.8 “Service Area” means the geographical area within which Designated Driver SA provides its service; available on request from the contact centre;

1.9 “The Member” means the person who’s details are reflected on the membership card, and the person that is the primary member that has entered into the Designated Driver SA membership program;

1.10 “Secondary Member” means an individual, being family of the member and residing within the same household as the member;

1.11 “the website and agreement” means this website and agreement relating to this website including the rates schedule

1.12 “The rates schedule/Annexure A” means a set of fees applicable for the service charge of using and staying as a member with Designated Driver SA

2. SERVICE PROVIDED

2.1 Designated Driver SA will provide the Service to the Member during Operating Hours and within the Service Area.

2.2 The Member undertakes to provide his full co-operation in order for Designated Driver SA to carry out the Service.

2.3 Designated Driver SA will endeavour to arrive at the Collection Point within forty-five minutes of all bookings

2.4 The service will be provided as follows:

2.4.1 The member must log a Service Call Out with the Contact Centre; the Contact Centre number is available on the contact page of the website www.desginateddriversa.co.za. The collection must be booked with the call centre forty five minutes before pick up.

2.4.2 The Member is obliged to keep a proper lookout for the Driver at the Collection Point.

2.4.3 The Member is to remain contactable by the Contact Centre after logging a Service Call Out.

2.4.4 The member needs to ensure Designated Driver SA employees have clear access to enter the collection point.

2.4.5 upon arrival of the Driver at the Collection Point, he shall wait for a period of (10) ten minutes for the Member to identify themselves. Upon expiry of the (10) ten minutes the Driver shall be entitled to leave the Collection Point without the Member. Designated Driver SA shall at its direction charge the member accordingly. The member will be required to produce a membership card or alternative identification.

2.4.6 The Member will only be transported in a motor vehicle provided by the member

2.5. All booking for Christmas day (24th December) and New Year’s Eve (31st November) and New Year’s Day (01 January) must be pre booked.

2.6 The Member shall ensure that Designated Driver SA personnel have clear and unimpeded access to the Collection Point at all times relevant to the execution of the Service.

2.7 The parties hereby agree that Designated Driver SA is entitled to cede any part of or all its obligations under the Agreement, including and without limiting the generality of the foregoing, its obligations relating to the Service and that it shall have the right to assign any or all of its rights, acquired in terms of the Agreement, at any time and to any entity.

3. SECONDARY MEMBERS

3.1 Secondary members must adhere and accept the terms and conditions set out by Designated Driver SA.

3.2 All costs incurred by the secondary member will be for the account of the primary member and will be deducted from the primary members account.

3.3 Additional charge of R40.00per member will be charged every month which will be deducted from the primary members account. There is a limit of 5 secondary members per a membership.

4. CHARGES AND PAYMENTS FOR THE SERVICES

4.1 All charges and membership fees must be paid in advance by way of debit order. The member further agrees that all charges and cost will be charged/debited by debit order according to fees set out in Annexure A.

4.2 All accounts that are outstanding will be handed over for collection to a debt collection agency or similar to recover outstanding funds, fees associated with this process will be for the members account.

4.3 Designated Driver SA reserves the right to increase fees and charges from time to time as well terms and conditions and this entire agreement within reasonable notice to members.

5. DEBIT ORDER INSTRUCTION

5.1 I (The Member) hereby authorise Creditpro, Creditpro to issue and deliver payment instructions to the Beneficiary bank for collection against my account at my bank on condition that the sum of such payment instructions will never differ from my/our obligations as agreed to in the Agreement. The individual payment instructions so authorised to be issued must be issued and delivered monthly on the date when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not differ as agreed to in terms of the Agreement. The payment instructions so authorised to be issued must include an Agreement number. This number must be included in the said payment instruction. This number must enable you to identify the Agreement. I (The ,Member)agree that the first payment instruction will be issued and delivered on acceptance of service by Creditpro and thereafter regularly ACCORDING TO THEAGREEMENT, If however, the date of the payment instruction falls on a non-processing day (weekend or public holiday) I agree that the payment instruction may be debited against my account on the following business day. I authorise the originator to make use of the tracking facility as provided for in the EDO /NAEDO system at no additional cost to myself. Subsequent payment instructions will continue to be delivered in terms of this authority until the obligations in terms of the Agreement have been paid. This authority may be cancelled by me by giving you 30 calendar days written notice.

6. INDEMNIFICATION

6.1 Designated Driver SA undertakes to endeavour to take reasonable care in providing the Service. The Member expressly acknowledges that the Service is inherently risky and accordingly agrees to indemnify Designated Driver SA from being held responsible or liable for any material damage to property, directly or indirectly, consequential or otherwise arising from the Service

6.2 The Member warrants that the appropriate insurance cover is in place in respect of the Member’s motor vehicle and extends to alternate drivers and alternate drivers under the age of 25 driving the Member's motor vehicle, so as to include any Designated Driver SA representative providing the Service.

6.3 Designated Driver SA does not warrant the Service to the Member in case of unforeseen eventualities.

6.4 The Member hereby irrevocably indemnifies Designated Driver SA, its directors and employees against any claim for material damages to property which may be instituted against any one or more of them by the Member, his estate or successors in title, arising out of or in connection with, any negligent conduct of Designated Driver SA, its directors or employees.

6.6 Designated Driver SA confirms that the service may not always be available for the member and the client waives his/her right to claim compensation for whatsoever nature in the event of the service not been available

7. DURATION OF CONTRACT

7.1 This agreement will be effective from date of signature hereto and shall continue on a month to month basis.

7.2 The Member acknowledges that Designated Driver SA is a demand driven business that plans it’s operational and staff resources with reference to the number of Members at a given time

8. DOMICILIUM CITANDI ET EXECUTANDI

8.1. The parties choose as their domicilia citandi ET executandi for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature (including the exercise of any option), the following addresses: kingfisher office park, 28 Siphosethu road, Block 6 office 3, Mount Edgecombe, 4301

8.2 The Member – the email address and or cell phone number for short message service notification as provided by the Member under Member Details in this Agreement

9. COMPLAINTS

9.1  Dispute/Complaint Procedure: The Company is committed to prime customer service policy and therefore invites dissatisfied applicants/clients to an open door complaints procedure which will promptly attend to said complaint by emailing: info@designateddriversa.co.za As per the requirements of the Consumer Protection Act No. 68 of 2008, should you (the applicant/client) feel the need to lodge a complaint about the service we provide, kindly forward your complaint as we strive to resolve all complaints within 96 hours from date of

10. DISPUTE RESOLUTION

10.1 Jurisdiction: The applicant/client and consents to the jurisdiction of Durban Magistrates Court should any legal disputes arise which have not been resolved internally. The Member agrees to pay the fees set out in Annexure A. These fees are strictly non- refundable upon the agreement to these terms and conditions, except in the circumstances where the applicant/client exercises his/her right to terminate the agreement.

11. COMPLETE AGREEMENT

11.1 This agreement, together with “Annexure A”, supersedes any prior agreements between Designated Driver SA and the Client and constitutes the entire agreement between the parties hereto.

11.2 The parties agree that the Agreement is the full and final agreement between the parties and no representations, warranties, terms and conditions not recorded in this document shall form part of the Agreement.

12. GENERAL

12.1 The member agrees to receive electronic communication via email ,sms or any other form of electronic communication and communication received in this manner will not be considered as unsolicited communication.

12.2 The Member hereby agrees that Designated Driver SA may, in addition to any of its other rights in terms of the Agreement or otherwise, list any default information on the Member with any credit information bureau, and the Member agrees to disclosure by Designated Driver SA to any third party, of any information pertaining to the Member to the extent that any such disclosure is necessary for the conduct of Designated Driver SA business, or is required by any relevant statute or regulation.

13. GOVERNING LAW

13.1 This Agreement shall be governed by the laws of the Republic of South Africa and the declaration of any clause or part of a clause herein as invalid shall not affect the validity of the remainder hereof.

ANNEXURE A

All fees set out below are the effective rates to this agreement.

Rates

Monthly member ship fees - R140.00

Once-off administration fee - R100.00

Trip Packages

0-10 kilometers - R160.00

10-20 kilometers - R200.00

21-40 kilometers - R250.00

41-60 kilometers - R330.00

61-80 kilometers - R360.00

81-100 kilometers - R435.00

Above 100 kilometers - a flat rate of R10.25 per km will apply

Included in our membership is the industry first protection service and emergency service available free to our members 24 hours a day 7 days a week.