Terms & Conditions

General

Entering into the Agreement
- You have agreed to let us provide you with the Product or Services, on certain Terms and Conditions. These Terms and Conditions were discussed and agreed to by you during a telephone call or you agreed to them when you signed up online. This document records the additional terms and conditions of the supply of the Services to you.
- The Terms and Conditions agreed upon above, and the Terms and Conditions in this document, constitute the entire agreement regarding the provision of the Product or Services to you (“Agreement”). Access to, browsing and use of the website, internet services and App are subject to these Terms. Creating an account, or using the Service or App, will signify that you have read, understood and agree to be bound by these Terms and comply with all applicable laws and regulations. These Terms contain warranty disclaimers and other provisions that limit the liability of Get Driven, so please read these terms in their entirety. We reserve the right to immediately terminate your access to the website, Service or App if you do not comply with this Agreement.
- It is your responsibility to ensure you read and understand all terms and conditions recorded in the Agreement.
- We have defined some of the words which have particular meanings in clause 2 (Definitions) of this Agreement.
- If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at support@getdriven.co.za and we will reply and assist you.
- We may, in our own sole discretion, change this Agreement or any part thereof at any time without notice. Should we do so, we will notify you via email.

Definitions
1. "the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) and the terms and conditions recorded in this document;
2. "Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
3. "the Services" means the value-added service referred to as "Get Driven", which offers you a safe and reliable drive-me-home and road cab service by our business partner, Road Trip. Contact details are www.getdriven.co.za; email support@getdriven.co.za; 0861 002 022 contact number
4. "we", "us" and "our" mean Get Driven, the proprietor of which is IGNITION TELECOMS INVESTMENTS (PTY) LTD, its affiliates, subsidiaries or its successors-in-title;
5. "you" and/or "your" means you the customer who applies for and receives the Services.
6. "Website" means www.getdriven.co.za.
7. “Service Provider” means any third party who is a supplier of any benefit or discount to you under or in terms of the Services;

Duration and Termination
1. We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).
2. Either you or we may, for any reason, terminate the Agreement, by giving each other 20 business days’ written notice. Please send your written notice to support@getdriven.co.za or use the termination facility on the Get Driven website.
3. If you have chosen to terminate the Service, we will retain the portion of fees, due up to the renewal date, but subject to restrictions that may be applied by law.

Payment for the Services
1. You shall pay all amounts due under this Agreement by way of a monthly debit order, monthly credit card payment, once-off Voucher redemption or by bank transfer into the specified bank account (the details of which will be provided on request).
2. You have agreed to pay a R239 monthly subscription for the Services, which amount is inclusive of VAT.
3. Debit Order
  1. You have authorised us to collect all amounts due under this agreement for the Services by way of a monthly debit order on a date nominated by you. In the event that a monthly debit order fails, for any reason, we will debit your account on any other date for that month’s subscription. For this purpose, we are entitled to use lawful means to monitor your banking account in order to assess the most appropriate time to execute the monthly debit order.
  2. You cannot cancel your monthly debit order without our prior written consent.
  3. If the date of your debit order falls on a Sunday or public holiday, you agree that your debit order will go off on the last Business Day before the Sunday or public holiday.
4. Credit Card
  1. You have authorised us to collect all amounts due under this agreement for the Services from your bank card on a monthly basis in advance.
  2. Payment may be made via Visa, MasterCard, Diners or American Express credit card.
  3. You can cancel at any time, and your access to the Services will cancel at your next collection date (renewal date).
5. Credit card acquiring and security:
  1. Credit card transactions will be acquired for Get Driven via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
6. Customer details separate from card details:
  1. Customer details will be stored by Get Driven separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
7. Merchant Outlet country and transaction currency:
  1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
8. Voucher Payment
  1. This clause shall apply to all voucher holders.
  2. A voucher will offer you full access to the Get Driven service for the period specified on your voucher only. If no period is specified on the voucher you can call us on 0861 002 022 or email us at support@getdriven.co.za and we will supply you with the access period applied to your voucher code.
  3. The Vouchers may only be redeemed at www.getdriven.co.za.
  4. A Voucher is valid for only 36 months from the date that the Voucher is created and a Voucher cannot be redeemed once the 36 month period has elapsed.
  5. Expired Vouchers will not be refunded or replaced.
  6. Only 1 Voucher may be used at any one time.
  7. Vouchers cannot be exchanged for money and are non-refundable.

Changes in price
We may change the price which you pay for the Services from time to time. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement as per clause 3 (Termination) above.
Failure to pay for the Services
If you do not pay for the Product or Services in full and on time, via your bank card, you will be in breach of the Agreement, and we may cease providing you with the Services and can implement the provisions of clause 10 (Breach).
Complaints
Your satisfaction is very important to us, please feel free to email us at support@getdriven.co.za should you not be happy with the Services or the service you have received from our team and we will endeavour to resolve the problem as quickly as possible.
Information and disclosure
1. In entering into the Agreement with you and providing the Product or services to you, we will come into possession of information about you. Insofar as it is permissible in duty of confidentiality as we treat our own and will be entitled to disclose it to such third parties as we deem appropriate provided they treat it with the same level of confidentiality.
2. Get Driven shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
3. You warrant and guarantee that all information supplied to us is true and correct.
4. Should your address, or any other information which you have given to us, change, you must inform us of the change immediately in writing to support@getdriven.co.za or update your details at www.getdriven.co.za.

Indemnity and waiver
1. The Product or Services which we provide will in some cases constitute the introduction by us to you of Service Providers, who will provide services to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the Service Provider). In these cases, the Service Provider will be your contractor (even though we might fund an element of the cost) and in terms of the Product or Services, we will not be responsible for any disputes, damages, losses or claims arising from or related to such introductions.
2. You indemnify us, and our members, directors, employees or affiliates, our agents against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from the Agreement, the accessing of the website and the provision of the Product or Services.
3. To the extent permitted by law, we exclude and you waive all cost, claims and resulting liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the website and the provision of the Product or Services, save for instances of gross negligence on our part.

Breach
1. In the event that you breach the Agreement we have the right to:
  1. Enforce the Agreement; or
  2. Terminate the Agreement.

Responsibility
Get Driven takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. This website is governed by the laws of South Africa and Get Driven chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Umhlanga, South Africa.
Country of domicile
This website is governed by the laws of South Africa and Get Driven chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Umhlanga, South Africa.
General
1. Notwithstanding anything to the contrary, a written notice received by you will be adequate written notice.
2. You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
3. If you are under the age of 18 years you warrant that you have the assistance of a parent or guardian in entering into the Agreement.
4. If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
5. All sales-related taxes will be paid by the user, as per the taxation norms that may change from time to time based on the location of the user. All pricing and tax on the Apple iTunes App will be governed by Apple's iTunes Terms and Conditions.
6. If the Agreement arose through direct marketing you may terminate the Agreement, in writing, within five business days' after the date on which the Agreement was concluded.

The Get Driven Services

Definitions
1. “The service" means the drive-me-home service and the road cab service rendered by Get Driven to the member
2. "Service call out" means the action in which the Member requests the Service from a Collection Point to the Drop Off Point;
3. "Pre-booking" means a Service Call Out made at least 3 (three) hours prior to the collection time;
4. "Adhoc booking" means a Service Call Out by a Member requesting a collection time within 3 (three) hours of that Collection Time;
5. "Collection Point" means the address from which the Member requests to be collected for the purposes of using the service;
6. "Collection Time" means the time at which the Driver arrives at the Collection Point;
7. "Driver" means a person employed by Get Driven as a chauffeur;
8. "Service Area" means the geographical area in which Get Driven provides the service, as outlined on the website www.getdriven.co.za;
9. "Drop Off Point" means the address where the Member requests to be dropped off on completion of the service;
10. "Member" means the person who enters into this agreement with Get Driven
11. "Secondary Member" means an individual, being a spouse or direct dependant of the Member, whom the Member nominates to use the service in terms of this agreement;
12. "Members vehicle" means the vehicle the Member requires the Driver to operate;
13. "Agreement" means this agreement and is inclusive of the Rates Schedule;
14. "Rates Schedule" means the schedule in which all the charges and applicable fees in respect of the service are set out

The Services
1. We will take all reasonable steps within our control to provide you with the services.
2. The Services can only be accessed via an internet connection or bookings can be made telephonically.
3. We cannot guarantee that the Services will always be fault-free. The Services can be affected by factors outside of our control; including, amongst other things, inclement weather, power outages, your and our internet connectivity, faults experienced by our respective internet service providers and the like.
4. The upgrading and maintenance of the Website may result in interruptions or unavailability of the services from time to time. Where possible, we will advise you of this in advance.
5. The Member undertakes to provide his full co-operation in order for Get Driven to carry out the Service.
6. The Service will be provided as follows:
  1. The Member must contact Get Driven to request a trip, either via the contact number or by booking a trip on the app.
  2. Get Driven will attend to the Service Call Out.
  3. The Member will only be transported from the Collection Point to the Drop-off Point in a motor vehicle provided by the Member if they have selected the drive-me-home.
  4. The Member is obliged to remain contactable by the Call Centre after logging a trip and to provide access to the Driver to enter the Collection Point.
  5. The Member shall ensure that Get Driven personnel have clear and unimpeded access to the Collection Point at all times relevant to the execution of the Service.
  6. Upon arrival of the Driver at the Collection Point, they shall wait for fifteen minutes for the Member to identify themselves.
  7. The Member is obliged to keep a lookout for the Driver at the Collection Point. Upon expiry of the twenty minutes, the Driver shall be entitled to leave the Collection Point without the Member and the trip shall be deemed to have been cancelled.
  8. Get Driven will endeavour to arrive at the Collection Point within thirty minutes of the Pre-Booking time and forty-five minutes of the Ad-hoc booking time.
  9. The Member is required to produce acceptable proof of identification when using the Service.
  10. Should the Member cancel the trip within one hour of the Collection Time, the trip will still be counted as one used trip.
  11. In respect of trips booked for New Year’s Eve (31 December), no Ad Hoc bookings will be accepted, and the Service must accordingly be Pre-booked. Pre-bookings are taken on a first-come first served basis and will close once the available number of bookings, as determined by Get Driven has been made.

Indemnification
1. Get Driven thoroughly screens all Drivers and takes reasonable steps to ensure that all Drivers are competent. Due the nature of the service, Get Driven cannot guarantee a Drivers performance and accordingly, and as an essential term of this contract, the Member is required to ensure the vehicles insurance extends to the use by the Driven Driver and irrevocably indemnifies Driven against any claim by the Member or any person transported by Driven with the Member or at the Member’s request arising out of, or in connection with any negligent conduct of Get Driven Driver.
2. Whilst all reasonable efforts will be made to ensure that Drivers are available and on time, Get Driven does not warrant the Service to the Member in case of unforeseen circumstances or times of unexpected demand and the Member hereby waives his right to claim compensation of any kind in respect of such occurrence.

Operating Areas
1. The service shall be available within the major towns and cities including Durban, Johannesburg, Pretoria, Port Elizabeth, George, East London, Nelspruit, Bloemfontein, Cape Town and Stellenbosch. The coverage areas within the three operational areas is demarcated here www.getdriven.co.za

Fair Usage Policy
1. We reserve the right to implement a Fair Usage quota on the number of trips a customer may take per month. This is in order for us to maintain acceptable levels of customer experience.
2. The member will get 4 free trips (under 50kms) per a month.
3. Notwithstanding this Fair Usage Provision, we reserved the right to cancel or terminate any Agreement should we believe you have abused Get Driven or misused the service in any way. We would not need to be able to prove any abuse or misuse.

Additional Trip Charges
1. Get Driven reserves the right to charge an additional fee for trips exceeding 50km.
2. Get Driven reserves the right to charge an additional fee for cancellations. The full trip fee will be charged for trips cancelled within one hour of collection time.
3. Get Driven reserves the right to charge an additional fee for no-shows. Upon arrival, the driver will wait a maximum of 15 minutes past collection time, thereafter the full trip fee will be charged if you are not present.

1. Feedback and Complaints

1.1. If you have a complaint about the services provided by GetDriven or require information regarding our internal complaints-handling process, you can get in touch with us via our Customer Care Department.

1.2. Our Customer Care department details are as follows:

Customer Care Inbound contact number: 0861 2777 38

Customer Care Email support: Support@getdriven.co.za

1.3. We are participant to the Consumer Products and Services Ombud (“CGSO”) and are bound by the Consumer Goods and Services Industry Code of Conduct. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach CGSO, to assist in resolving the dispute.

1.4. The CGSO’s contact details are:

Website: http://www.cgso.org.za/

Sharecall: 0860 000 272

Email: complaints@cgso.org.za

IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you, or which may limit our liability, or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.

LAST UPDATED: May 2022