APP (Terms) - Sandav Online Store

1. Introduction

The Sandav Deliver software application (the “App“) is available for download from various app stores identified by Sandav delivery from time to time, on compatible electronic devices. The App is owned and operated by Sandav Holding (PTY)LTD (“Sandav Delivery“, “we“, “us” and “our“).
Sandav Delivery is a marketplace where you can order any of the listed products on the app to be deliverd to your door.
The App enables users to order and purchase products, office consumables and other items from any of the sellers, listed on the App.
We aim to help bussinesses by exposing them to the public and boost their sales digitaly to allow customers to reach them even if they Home , work or any other private and public places , This App is free and has no monthly subcriptions.
These terms and conditions (“Terms and Conditions“) govern the ordering, sale, delivery and collection of Products, and the use of the App. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App (“you“, “your” or “user“), including without limitation each user who registers as contemplated below (“registered user“). By using the App, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the App or Telephone Service if you do not agree to the Terms and Conditions.

2. Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA“).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- May limit the risk or liability of Sandav Delivery or a third party; and/or
- May create risk or liability for the user; and/or
- May compel the user to indemnify Sandav Delivery or a third party; and/or
- Serve as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Sandav Delivery to explain it to you before you accept the Terms and Conditions by continuing to use the App.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Sandav Delivery in terms of the CPA.
These Terms and Conditions are divided into sections, as follows:
- Part A – Orders and Sales
- Part B – Privacy Policy
- Part C – General Legal Terms

Part A – Order & Sales

3. How it works

You may order Products via the App. At the time of ordering, you are required to indicate your address, and then you will be given a selection of Sellers. You will only be allowed to order Products from that selection of Sellers, which fall within the prescribed area (as determined by Sandav Delivery from time to time) surrounding your given address.
Where you have ordered using the App, you may be given the choice of receiving the Product by means of courier, which delivery service shall be carried out by a driver whom you mandate to deliver Product on our cloud platform (“Cloud Driver“) (items (i) and (ii) collectively referred to as the “Courier Delivery“), or by means of self-collection by you or your nominee from the relevant Seller (“Self-collection“). Where no choice is given for a Courier Delivery, you will be able to order the Product on the App for Self-collection.
We will indicate on the relevant product and checkout pages in the App which the Product items are for sale by a particular Seller. You can only order Product from one Seller at a time, in each order that you place.
You can only place orders for Product from a Selller provided that it is open for business and active on the App. You may only place order for products during the hours permitted by law.We may at any time suspend or terminate the availability of a Seller, menu or menu item on the App, in our sole discretion.
You acknowledge that, notwithstanding that the product may be ordered via the App, you place such order with the relevant Seller. The sale of product (formed on acceptance of an order, as set out in clause 5.2) is solely between the registered user and the relevant Seller. Neither Sandav Delivery nor any party attending to the Courier Delivery (if applicable) is a party to that sale of product. Sandav Delivery only provides the platform to facilitate transactions between Sellers and registered users in relation to the product. Sandav Delivery is neither the buyer nor the seller of the product. Any claims the registered user may have in respect of the product shall be against the relevant Seller.
Because we want you to have a safe and consistent experience, Sandav Delivery will be your first point of contact for any complaints arising out of or in connection with the sale of product between a registered user and a Seller. Should such complaint escalate into being a dispute, although Sandav Delivery is entitled to become involved in an attempt to resolve it, Sandav Delivery is not obliged to do so and any disputes must be resolved between the registered user and the relevant Seller.

4. Registration and use of the App

Only registered users may order Products via the App.
To register as a user via the App, you must provide Sandav Delivery with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password or be issued a randomly generated password (which you may subsequently change).
You will need to use your unique username and password to place an order via the App. You agree that a Sandav Delivery operator may call you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Products via the App, failing which we will not process your order.
You agree and warrant that your username and password (if applicable) shall:
- not be disclosed by you to any third party.
You agree that, once your correct username and password have been entered (in relation to the App), irrespective of whether the use of the username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.
You agree to notify Sandav Delivery immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Sandav Delivery representative.

5. Conclusion of Sales and availability of the Product

Registered users may place orders for products, which the Seller and/or Sandav Delivery may accept or reject. its your responsibility to check availability before placing an order, Sandav Delivery will not be held responsible in case you decide to place an order without checking availability.
Availability request will reach the seller immediate after the button has been clicked and the seller will be able to respond to your request once the seller has answers this may take a minimum of 1 minute to respond.
The placing of an order will happen when payment is made by any of the acceptable payment methods in 8.3 and is confirmed on the App. Whether or not the Seller and/or Sandav Delivery accepts an order depends on various factors, including but not limited to, the availability of the , capacity for Courier Delivery, correctness of the information relating to the Product (such as the price) and receipt of payment or payment authorisation (if applicable) by Sandav Delivery for the Product.
NOTE: Sandav Delivery will indicate the acceptance of your order (by Sandav Delivery and the Seller) by way of notification on the App or email (“Acceptance Notice”), and only at that point will agreements of sale (the “Sale”) come into effect between you and:
- the Seller in respect of the Product; and
- if applicable, Sandav Delivery in respect of the Courier Delivery services (if you requested Courier Delivery of the Product).

This is regardless of any earlier communication from the Seller and/or Sandav Delivery stating that your order or payment has been confirmed. Sandav Delivery will indicate the rejection of your order by cancelling it, notifying you thereof and credit your Credit Wallet, for the amount you already paid. You can then use this credit either immediately or at a later date when you place your next order with Sandav Delivery. Should you wish to have a refund, please refer to the FAQ section.

Prior to the Product being delivered to your nominated address or you being notified that the Product is ready for collection (as applicable), we may reject an order or cancel a Sale at any time due to: (i) the Seller being unable to fulfil the order; (ii) Courier Delivery services not being readily available (if applicable); and/or (iii) any other reason in Sandav Delivery’s sole discretion.
Should you wish to retract your order, you should contact Sandav Delivery via telephone or live chat immediately, and Sandav Delivery will use its reasonable endeavours to effect such retraction. You will not be able to retract your order via the App, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one.
Placing the Product in your shopping basket on the App without completing the purchase cycle does not constitute an order for Product, and as such, Product may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Sandav Delivery and/or the Seller liable if such Product is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.
Sandav Delivery relies on information supplied to it by the Seller relating to the Product, and Sandav Delivery accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Product on offer may be limited. Sandav Delivery will take reasonable efforts to ensure that when the Product is no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of the Product. When the Product is no longer available after you have placed an order or the Seller does not accept your order, Sandav Delivery will notify you thereof and reject your order or cancel the Sale (“Failed Order”).

Sandav Delivery will credit your Credit Wallet for the amount you paid in respect of the Failed Order. You can use this credit either immediately or at a later date when you place your next order with Sandav Delivery.

Should you wish to have a refund of the amount in your Credit Wallet, please refer to the FAQ.

You also acknowledge that the pricing of the Product may change at any time without notice to you, but no price change will affect any Product ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order.
Any dispute regarding inaccurate information relating to a Seller or Product, Product pricing errors or sold-out Product should be resolved between you and the relevant Seller; your respective rights and obligations being as set out in these Terms and Conditions.
It is your responsibility to establish from the relevant Seller which ingredients will be used when preparing the Product and make the necessary arrangements with such Seller to exclude any ingredients if you have any allergies or special requirements (unless such exclusions can be made by you on the App). We cannot and do not guarantee that the Product will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Product.

6. Minors, liquor and vaping products

By using the App you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the App only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
Sellers may not sell liquor or vaping products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or vaping products ordered via the App. The Courier Delivery or Self-collection of any liquor or vaping products may be refused and you will be held liable for all charges relating to such order, should you fail to provide adequate proof that you are 18 years of age or older, or if you appear to be under the influence of drugs or alcohol at the time of delivery or collection of such products.

7. Conclusion of Sales and availability of the Product

For each order, you will be charged:
- the total Product price by the relevant Seller;
- where you have selected Courier Delivery, a Courier Delivery fee by Sandav Delivery, alternatively a driver fee by the Cloud Driver ; and
- where you have ordered from certain Sellers as indicated on the App, a personal shopper fee by Sandav Delivery may be charged in addition to the Courier Delivery fee, or a driver fee by the Cloud Driver (as the case may be),

where such charges are as reflected on the App at the time you place the order (together, the “order charges“).

If specifically requested by you, Sandav Delivery will provide you with a valid invoice for any fees charged by it or the Cloud Driver (as the case may be) in respect of the Courier Delivery. The invoice will be sent to you by email and will also reflect the price of the purchased Product as a line item. Please contact the relevant Seller directly if you require a valid invoice in respect of the purchased Product. Contact details of the Seller can be requested from Sandav Delivery’s national call centre. If any Store fails to provide you with the invoice within 5 business days after your request, you may notify us thereof and we will endeavour to obtain and provide you with the required invoice as soon as possible.

8. Payment

Sandav Delivery will receive payment of all order charges and will pay the Product-related portion thereof to the relevant Seller. We are authorised to receive payment for the Product on behalf of the Seller and payment made by you to us for the full price of the Product will discharge your payment obligations to the Seller.
If a Cloud Driver is used pursuant to a Courier Deliver, Sandav Delivery will receive payment and will pay the delivery-related portion thereof to the relevant Cloud Driver. We are authorized to receive payment for the delivery of the Product on behalf of the Cloud Driver and payment made by you to us for the price of the delivery will discharge your payment obligation to the Cloud Driver.
Payment for your order can be made in one of the following ways (only one payment method may be used to settle the amount due and not a combination of payment methods, except when Credit Wallet, is used in combination of another payment method):
- Credit Card Payment by credit card may only be made when an order is placed via the App. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Sandav Delivery or under Sandav Delivery’s control, and for which you acknowledge Sandav Delivery is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Sandav Delivery store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Product will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; and
- Cash on delivery: No cash on delivery is accepted by Sandav Delivery
- Instant EFT: Where payment is made by EFT, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Sandav Delivery or under Sandav Delivery’s control, and for which you acknowledge Sandav Delivery is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Sandav Delivery store your banking details. We are entitled to withhold processing the order until such time as the relevant information is received by us and authorisation is obtained by us for the transaction. If we do not receive authorisation, your order for the Product will be cancelled. You warrant that you are fully authorised to use the bank details supplied for purposes of paying the order charges. You also warrant that your bank account has sufficient available funds to cover all the order charges;

ONE Voucher : you may select to use a One Voucher as a method of payment. One Vouchers are run via the one Voucher platform, are not owned or controlled by Sandav Delivery, and for which you acknowledge Sandav Delivery is not responsible in law. Only One vouchers where Sandav Delivery has been set up as the Merchant of the One Voucher campaign, as determined by One Voucher or the issuer of the voucher can be used on the Sandav Delivery platforms as a method of payment. One Vouchers are not transferable and may not be exchanged or refunded for cash. Should your One Voucher be lost or stolen, neither Sandav Delivery will be liable. Sandav Delivery will not be held responsible for any cellular network or internet service operator delay in the use of the One vouchers. Should your order value be higher than your One voucher value, then you will be asked to top up using any of the other available payment methods indicated above. If your order value is less than your One voucher value, then the treatment of the balance of the One voucher will be determined according to the terms and conditions of that One voucher coupon, as determined by One Voucher or the issuer of the voucher. Should you have difficulty using your One voucher, you will need to contact One Voucher or the issuer of the One voucher directly. Please refer to our FAQ for more details on this payment option.
If you have a promotional coupon or discount (“Coupon“) that you wish to use with your order, you may only do so via the App. Please see clause 12 for more information about Coupons.
You acknowledge that the Seller COVID Contribution is a non-refundable gratuitous payment made to the Seller (with Sandav Delivery facilitating the payment thereof from you to the Store) for purposes of providing the Seller [with financial relief]. You further acknowledge that Sandav Delivery has no control over how this Seller COVID Contribution is actually used by the Seller and Sandav Delivery accepts no responsibility therefor.
The above payment options are explained in more detail in our FAQ section, which is incorporated by reference (which means that it is deemed to form part of these Terms and Conditions)

9. Delivery of Products

Order Changes

Orders that are Confirmed by the store can no longer be modified or changed. If an order is not confirmed and you wish to cancel you may do so on the app or if placed for later date, we will allow changes.

Order Cancellation Policy

We reserve the right to cancel an order without providing reason but may be due to unavailability or an error.

We will always inform you of any changes to your order and provide a refund if an order is cancelled by us. We will not be held liable for any damages by exercising this right.

Customer Cancellation Policy

If you wish to cancel your order you can simply cancel it in your app or alternatively notify us immediately. If your product has not been Confirmed, we will generally allow you to cancel and provide a refund. Once your order is Confirmed by the store, you will no longer be able to cancel your order.

Refunds

Refunds may be issued at our discretion and can be either partial or whole depending on the circumstance, no refunds will be provided for products if deliveryman arrives to your door and you keep him waiting for more than 5 minutes, delivery man has the right to leave. Please note we will track the delivery man via our platform to confirm if he did arrive and what time did he leave your door, if it happened that he left in less than 5 minutes he will be held responsible. Refunds will not be given for making the wrong order or choice. If you believe your order was not as advertised, please contact us and we will help resolve the issue. If a refund is issued, we will do it via the EFT. refunds can take up to 1 day to process but will generally take 2-3 business days to reflect to your bank.

Alcohol Service

Our premise is a licensed alcohol venue. We must adhere to all local laws regarding the service of alcohol. This includes not serving alcohol to those under 18, ‘too’ intoxicated or by discretion. No outside beverages or alcohol is to be brought on premises. We reserve the right to ask customers to leave if they are behaving inappropriately with respect to our venue and without providing reason.

If you order a Product for Courier Delivery by Sandav Delivery ( Cloud Driver) (the “Courier“):(i) you are required to indicate the physical address to which the Product should be delivered (“Delivery Address“); (ii) you are not allowed to change the Delivery Address after submitting your order; and (iii) you will only be allowed to order the Product from the Seller within the prescribed range (as determined by Sandav Delivery) from your Delivery Address.
If you order the Product for Self-collection: (i) you should indicate a physical address, in order for Sandav Delivery to provide you with a selection of Sellers in such area; and (ii) you will only be allowed to order Products from such Sellers.
Where you have requested the Product to be delivered to you by way of Courier Delivery and you have received an Acceptance Notice:
- the Courier will endeavour to deliver the Product to you by the estimated delivery time specified in the Acceptance Notice, however, delivery times are not guaranteed and may be adjusted by us in our reasonable discretion. Events outside of the Courier’s control such as traffic, inclement weather conditions and delays by the Seller in relation to your order may result in a delay of the delivery of the Product, but the Courier will continue with its efforts to deliver the Product to you as soon as possible in the circumstances; and
- Our obligation to deliver the Product is fulfilled when the Courier delivers the Product to the Delivery Address. The Courier is only responsible for the delivery of the Product to the Delivery Address. the Courier arrives at the Delivery Address and you fail to open the door or respond to its telephone calls within 15 minutes, the Courier may leave the premises, taking the Product with it, and you will remain liable for payment of all order charges. If you are not able to be present at the Delivery Address to accept delivery of the Product, it is your responsibility to arrange for someone else to accept the delivery at such address and pay for the order on your behalf if payment has not yet been made. Neither Sandav Delivery nor the Seller is responsible for any loss or unauthorised consumption of the Product, after the Courier has delivered the Product to the Delivery Address.
Where you have ordered the Product for Self-collection from the Seller and you have received an Acceptance Notice:
- you or your nominee should display a copy of the Acceptance Notice to the Seller upon collection of the Product; and
- the Seller is responsible for making the Product available for collection by you or your nominee at its premises, at the estimated collection time set out in the Acceptance Notice. If you or your nominee fails to collect the Product or respond to our or the Seller’s telephone calls, within 60 minutes after the estimated collection time, the Seller may dispose of the Product in any manner which it deems fit and you will remain liable for payment of the Product. Any dispute regarding the Seller failing to make the Product available at the collection time or within 60 minutes thereafter, should be resolved between you and the relevant Seller; your respective rights and obligations being as set out in these Terms and Conditions.
For more information about delivery, please see our FAQ section.

10. Errors

We shall take all reasonable efforts to accurately reflect or inform you of the Product description, availability, purchase price and Courier Delivery service charges via the App. However, should there be any errors of whatsoever nature on the App (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid.

11. Complaints

We want you to be happy with your purchase. Please let us know by telephone or live chat as soon as possible if there is a problem with your Product quality and/or temperature, if you receive the wrong Product or if you receive Product which is not as described on the App.
Save where we determine in our sole discretion that the cause for the complaint was due to the fault of the Seller, we will communicate your complaint to the relevant Sellers, and thereafter the matter will need to be resolved by the parties to the Sale of Product, being you and the Seller, and Sandav Delivery shall bear no liability in relation to such complaint. Sandav Delivery may in its sole and absolute discretion provide you with compensatory amount in your Credit Wallet

12. Coupons

Sandav Delivery may from time to time make Coupons available for use on the App towards the purchase of Product. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
Coupons are issued in Sandav Delivery’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason.Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
Unless otherwise stated under the specific terms and conditions regulating the Coupon:
- each Coupon can only be used once or multiple times as per the Coupon campaign terms and conditions;
- only one Coupon can be used per order;
- only one Coupon can be used per person per promotion/campaign on the App;
- a Coupon must be used at check-out – it cannot be used later on existing orders;
- Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value of less than R500; and
- the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again.
Sandav Delivery is not responsible for any loss or unauthorised use of a Coupon.

Part B – Privacy Policy

15. Privacy Policy

We respect your privacy and will take all reasonable measures to protect it,

Part C – General Legal Terms

16. Changes to these Terms and Conditions

Sandav Delivery may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the App.
Any such change will only apply to your use of the App after the change is displayed in these Terms and Conditions. If you use the App or Telephone Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

17. 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 set out in above.

18. 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 Sandav Delivery, its advertisers and/or sponsors, and/or is licensed to Sandav Delivery.
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 Sandav Delivery representative or otherwise provided for in law.

19. Disclaimer

The use of the App is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App.
Whilst Sandav Delivery takes reasonable measures to ensure that the content of the App is accurate and complete, Sandav Delivery makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App, or as to the accuracy, completeness or reliability of any information on the App. If any such representations or warranties are made by Sandav Delivery’s representatives, Sandav Delivery shall not be bound thereby.
Sandav Delivery disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the App and/or any content therein, unless otherwise provided by law.
Any views or statements made or expressed on the App are not necessarily the views of Sandav Delivery, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Sandav Delivery, its employees, agents or authorised representatives. Sandav Delivery thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the App.

20. Linked third party websites

The App may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Sandav Delivery is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

21. Limitation of liability

Sandav Delivery cannot be held liable for any inaccurate information published on the Appand/or any incorrect prices displayed on the App or communicated, save where such liability arises from the gross negligence or wilful misconduct of Sandav Delivery, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
SANDAV DELIVERY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP OR THE CONTENT CONTAINED IN THE APP; OR YOUR INABILITY TO USE THE APP, AND/OR UNLAWFUL ACTIVITY ON THE APP, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT SANDAV DELIVERY IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.
YOU HEREBY INDEMNIFY SANDAV DELIVERY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE APP AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.
NOTWITHSTANDING THE INDEMNITIES GIVEN ABOVE, YOU HEREBY INDEMNIFY SANDAV DELIVERY AGAINST ANY LOSS OR DAMAGES OF WHATSOEVER NATURE SUFFERED IN RELATION TO, OR IN CONNECTION WITH, THE USE OF SANDAV DELIVERY SERVICES.

22. Availability and termination

We will use reasonable endeavours to maintain the availability of the App, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or any part thereof with or without notice to you.
Sandav Delivery may in its sole discretion terminate, suspend and modify the App, with or without notice to you. You agree that Sandav Delivery will not be liable to you in the event that it chooses to suspend, modify or terminate the App, other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Product, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App, without any prejudice to any claims for damages or otherwise that we may have against you.
Sandav Delivery is entitled to blacklist you on its database (including suspending or terminating your access to the App), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Sandav Delivery, in whole or in part, on notice to you:,

○ for purposes of preventing suspected fraud or abusive behaviour towards staff; or

○ where it suspects that you are abusing the App; or

○ you have created multiple user profiles to take advantage of a promotion or Coupon intended

by Sandav Delivery to be used once-off by you.

Sandav Delivery accepts no other liability which may arise as a result of such blacklisting and/or

refusal to process any order.

23. Force majeure events

As between you and Sandav Delivery, you and any Courier, Cloud Driver or any Seller no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.

24. Governing law and jurisdiction

These Terms and Conditions, the relationship between you and Sandav Delivery , any Store or any Courier, and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the App will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and Sandav Delivery, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 24 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

27. General

Sandav Delivery may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App, or the user’s right to use the App, or any of its contents, subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Sandav Delivery to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which either you or Sandav Delivery (the “grantor”) may show, grant or allow to the other of them (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These Terms and Conditions contain the whole agreement between you and Sandav Delivery and no other warranty or undertaking is valid, unless contained in this document.

Our Vision

“To be the Reliable, personalised, leading last- mile courier service for delivering a diverse range of products from (seller) to (customer) – ON TIME, EVERY TIME!” This will only be achieved by ensuring every driver executes deliveries, exchanges and the collection of returns to the customer in accordance with prescribed business SOP’s. Understanding the below key responsibilities & duties will assist a driver to perform to the service levels required.

Action Location

Specific activities

Personal appearance/ hygiene & vehicles

Ensure you are in full uniform at all times when on shift executing deliveries
Be mindful of your personal hygiene
All delivery vehicles to be clean & presentable daily
All delivery vehicles to be able to securely lock at all times, ie. bike boxes

Licensing & driving behaviour

On the road

Valid driver’s license available at all times
All vehicles to be registered at all times
All vehicles to have a valid license disc at all times
Be mindful of the rules of the roads and ensure you follow them at all times
Be considerate to other road users
All vehicles to be insured when executing work

Clients to be serviced

Sandav Delivery
Sandav Online Store
Sandav Holdings
Other: as required, new clients may be added to the portfolio which will need to be serviced equally when needed

Deliveries, Exchanges and Returns

Understand the delivery instruction: promise delivery time, delivery address, single/multi-piece parcel, customer name
Pay attention to special instructions: take note of additional delivery instructions, customer requests, documentation to be collected/verified
Route planning: know where to go by checking area maps, plan route according to delivery time slots
Check you have the following before departure: fully charged handheld device with sufficient airtime (all parcels booked out on your name scanned with TDT Driver App), car charger/fully charged power bank, float with sufficient change, pen, calling cards
Ensure you have an extra copy of the delivery instruction for returns to attach to the parcel/package collected

Pair up & scan: ensure the correct parcel/package is paired up with the corresponding delivery instruction by scanning with handheld device
Double check what documentation has to be collected/verified
Remember your pen
Ensure you have your calling card(s) should the customer

be unavailable. Should customer be unavailable, ensure you do the following: contact branch, wait at address for atleast 15 min,

Ensure your vehicle is locked at all times when leaving your vehicle

SKILLS & EXPECTATIONS

Good command of the English language, able to communicate clearly with colleagues & customers
Professional & courteous behaviour towards customers & colleagues
Must be able to work in high pressured environments, willing to work when the business requires
Takes pride in personal appearance & hygiene
Good understanding of basic customer service principles
Must be able to perform as an individual, as well as excel as part of a team
Conduct yourself in a professional manner at all times to ensure you do not bring the brands name into disrepute

o direct contact (any form of communication) with a customer post a delivery being completed;

o disrespectful towards a customer, store staff and the general public at any stage during a delivery;

o assault (verbally and/physically) on to a customer, store staff and the general public; o sexual harassment on a customer, store staff and the general public;
o under the influence of drugs or alcohol whilst on duty or in uniform