PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last updated 1 March 2017.
TERMS & CONDITIONS OF SERVICE
Empty Trips (PTY) LTD, registration number 2015/145979/07 (hereinafter, “Empty Trips”) provides an online Site that connects individuals and/or companies, who have the ability to transport an item and/or good, with individuals and/or companies who are seeking to have an item and/or good transported (collectively, the "Services"), which Services are accessible at www.EmptyTrips.com and any other website through which Empty Trips makes the Services available (collectively, the "Site").
By using the Site, you agree to comply with and are legally bound by the terms and conditions of these Terms and Conditions ("Terms"), whether or not you become a registered User of the Services.
These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Empty Trips.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site in accordance with these Terms may subject you to civil and/or criminal penalties.
The Site and Services comprise an online Site through which Carrier/ Agent (as defined, but not limited to) may create Listings (as defined, but not limited to) for Empty Trips and/or offer to transport an item/good (as defined, but not limited to) and Shippers (as defined, but not limited to) may purchase a service/s directly with the Carrier/ Agent and/or request an item/good to be transported. By using this Site you understand and agree that Empty Trips is not a party to any Trip entered into between Carrier/ Agent and Shipper, nor is Empty Trips a transport broker, Agent, Insurance Broker or insurer. Empty Trips has no control over the conduct of the Carrier/ Agent, Shipper, Insurer and/or other Users of the Site and services or any Trips, and disclaims all liability in this regard to the maximum extent permitted by law.
OTHER KEY TERMS
"Agent " means a person and/or company who lists a Listing of a Trip and/or offers a Trip in response to a request listed on behalf of a Shipper and/or Carrier, as an intermediary, i.e. a transport broker.
"Collective Content" means Member Content and Empty Trips Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Carrier " means a person and/or company who lists a Listing of a Trip and/or offers a Trip in response to a request listed by a Shipper.
"Carrier/ Agent Fee" means the fee that Empty Trips charges a Carrier / Agent for the use of its online Site, which is calculated as a percentage of the applicable Trip Fees. The Carrier/ Agent Fee will be deducted prior to payment to Carrier/ Agent upon completion of Trip.
"Empty Trips Content" means all Content that Empty Trips makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Insured” means the Shipper(s), individual(s) or companies who have elected to purchase insurance.
“Insurance Broker” means firstEquity Risk Management Services Pty Ltd as applicable.
“Insurer” means Hollard Insurance Company Pty Ltd as applicable.
“Insurance Fee” means the insurance premium due as applicable for selecting Goods in Transit Insurance via the Site.
"Listing / Trip" means a request for transport or an offer to transport goods that is listed on the Site, each Listing represents a single transaction and/or voyage and/or Shipment.
"Member" means a person and/or company who completes the required Empty Trips account registration process, including but not limited to Carrier, Agent and Shipper.
"Service Fees" means collectively the Referral and Shipper Fees owed to Empty Trips.
“Shipment” means goods in transit, packages, parcels or Shipments transported.
"Shipper" means a person and/or company who lists a Listing for transport and/or purchases a Listing offered Empty Trip
"Shipper Fees" means the fee that Empty Trips charges a Shipper for the use of its online Site, which is calculated as a percentage of the applicable Trip Fees. The Shipper Fee will be displayed to the Shipper upon purchase.
"Trip Fees" means the amounts that are due and payable by a Shipper to the Carrier in consideration for that Shippers purchase of a ListedTrip. The Carrier alone, and not Empty Trips, determines these amounts. This excludes Shipper Fee, Insurance Fee and VAT.
"Total Fees" means the total amount due by the Shipper to Empty Trips as Site provider and Collection Agent for Carrier/ Agent and/or the Insurance Broker. These fees include Trip Fee, Shipper Fee, Insurance Fee and VAT as applicable.
"User" means a person and/or company who accesses the Site.
BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT, APPLICATION OR SERVICES OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, OR BY YOU ACCESSING THE SITE YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM.
IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
Empty Trips reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site.
We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
HOW THE SITE AND SERVICES WORK
The Services can be used to facilitate the Listing, offering and purchasing of private and commercial transport offerings ("Trips"). Such Trips are included in Listings on the Site. You may view Listings as an unregistered User to the Site and Services; however, if you wish to purchase or offer a Listing, you must first register to create an Empty Trips Account (defined below).
As stated above, Empty Trips makes available an online Site and/or competitive marketplace with related technology for Shippers and Carrier/ Agents to meet online and arrange for Listings of an Empty Trip or Trips directly with each other. Empty Trips is not an owner or operator of vehicles, including, but not limited to any forms of transport or Trips, nor is it a provider of vehicles, including, but not limited to any form of vehicle or Trips and Empty Trips does not own, sell, resell, furnish, provide, rent, re-rent, broker, manage and/or control vehicles, including, but not limited to any form of vehicle or Trips or Logistics or Supply Chain services. Unless explicitly specified otherwise in the Empty Trips Site, Empty Trips' responsibilities are limited to: (i) facilitating the availability of the Site and related Services and (ii) serving as the limited payment collection agent of each Carrier/ Agent for the purpose of accepting payments from Shipper on behalf of the Carrier and/ or Agents.
Please note that, as stated above, the Site and services are intended to be used to facilitate Carrier/ Agent and Shipper connecting and for Listing of Trip offers directly to each other. Empty Trips cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Trips. Empty Trips is not responsible for, and disclaims any and all liability related to any and all Listings and Trips. accordingly, any offerings, purchases and requests will be made at the Carrier/ Agent and Shipper own risk.
In order to access certain features of the Site and to purchase a Trip or create a Listing, you must register to create an account ("Empty Trips Account") and become a Member. You may register to join the Services directly via the Site or as described in this section. Carriers and/or Transport Brokers are to complete a simple application questionnaire for consideration by Empty Trips. Empty Trips retains the right to decline a profile on its Site, and may revoke all rights if deemed in it’s sole discretion of violating the Carrier quality and guarantee terms.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Trip to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Trip and pricing and related rules. In order to be featured in Listings via the Site and Services, all Trips must have a valid physical address, as accurate as possible, for both departure and arrival. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Trip via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Shipper requests a Trip of your Listings, you may not request the Shipper to pay a higher price than in the Trip request, unless mutually agreed.
You acknowledge and agree that under no circumstances whatsoever will Empty Trips be held responsible for any Listing, offering or service rendered or failure to do so in terms of the Listings posted. As such, as Carrier/ Agent you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the selling/offering of, or a Shipper's purchasing of, a Trip of a Listing you post (i) will not breach any agreements you have entered into with any other parties including but not limited to third parties, such as cargo or trucking associations, vehicle/ fleet lease and rental agreements, employers and or financiers, insurers or the like, and (ii) will (a) be in compliance with all applicable laws (such as goods in transit, passenger transport laws and regulations and any laws governing leasing of vehicles), Tax requirements, and rules and regulations that may apply to any Trip included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Empty Trips assumes no responsibility for Carrier/ Agent compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Empty Trips reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Empty Trips, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Empty Trips' then-current Terms or otherwise harmful to the Site or Services.
If you are a Carrier/ Agent, you understand and agree that Empty Trips does not act as an Insurer or as your contracting Agent. If a Shipper purchases your Trip and uses your Trip, any agreement you enter into with such Shipper is between you and the Shipper and Empty Trips is not a party thereto. Notwithstanding the foregoing, Empty Trips Payments serves as the limited authorized payment collection agent of the Carrier/ Agent for the purpose of accepting, on behalf of the Carrier/ Agent, payments from Shipper of such amounts stipulated by the Carrier/ Agent (including other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Trip of your Listing, including, but not limited to, requiring Members to have a verified phone number, in order to book your Trip. Any Member wishing to book Trips included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Listing" section of the Site, Application and Services.
If you are a Carrier/ Agent, Empty Trips makes certain tools available to you to help you to make informed decisions about which Members you choose for your Listing/ Empty Trip. However, you acknowledge and agree that, as a Carrier/ Agent, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any Member who make use of the Trip at your request or invitation, excluding the Shipper (and the individuals the Shipper invites to the Trip, if applicable.)
Empty Trips recommends that Carrier/ Agent and/ or Shipper obtain appropriate insurance for their Listings/ Trips as deemed appropriate. Please review any insurance policy that you may have for the Listing/ Trip carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Shipper. The proper consideration and arrangement for Goods in transit and marine insurances remains the responsibility of the parties to the agreement of the Listing/ Empty Trip, and not Empty Trips.
Empty Trips, may refer Carrier/ Agent and/ or Shipper to standard insurances as specified by the underwriter “Hollard Insurance Company Limited” administered by First Equity Risk Management Services Pty Ltd for each Listing/ Empty Trip. Provided that explicit decline, and/or value of goods transported do not exceed the value of goods of ZAR1,500,000.00, or are part or wholly classified as an excluded good (Alcohol, antiques, arms, ammunition, explosives, artwork, live animals, bank and treasury notes, cash, cellular phones, any legal documentation, furs, gold and or silver, jewellery, stamps, tobacco products, exotic sea foods, solar panels and tyres). For excluded goods, or a limit above R1,500,000.00 specialist insurance advice is required, by no means do Empty Trips provide such services.
Empty Trips will under no circumstances be a party to any insurance contract entered into.
All insurance costs are to be borne by parties to Trip.
Empty Trips may offer Carrier/ Agent the option of having photographers take photographs of their Listing/ Empty Trip. If you as a Carrier/ Agent choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Empty Trips.com Verified Photo" or similar wording ("Verified Images"). All images, materials and content created by these photographers provided by Empty Trips, including Verified Images, constitute Empty Trips Content, regardless of whether you include them in your Listing.
Empty Trips under no circumstances will check the legality or intent of the underlying Trip/ Listing, nor will Empty Trips be held responsible for any illegal movement of goods, services or people.
Empty Trips does not endorse any Member or any Trip. You understand that Verified Images and/or Listing and/ Members are intended only to indicate a representation of the Trip at the time the Listing was posted. Verified Images, Listings or Members are therefore not an endorsement by Empty Trips of any Member or any Trip. Members are required by these Terms to provide accurate information, and although Empty Trips may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site or Services to a Member being "verified" or "connected" (or similar language) only indicates that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Empty Trips about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to purchase a Trip from a Carrier/ Agent or to accept a Trip request from a Shipper, or to have any other interaction with any other Member.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Empty Trips with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site regarding any Trips/Listings made by you. This limitation shall not apply to any claim by a Carrier/ Agent against Empty Trips regarding the remittance of payments received from a Shipper by Empty Trips on behalf of a Carrier/ Agent, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
If you are a Carrier/ Agent and a Trip is requested for your Listing/ Empty Trip via the Site, you confirm your ability to provide the Trip as listed. When a Trip is requested via the Site, we will share with you the Shipper profile, Trip details, proof of payment of Carrier Fees held until delivery is confirmed and a copy of the certificate of insurance as applicable.
MINIMUM QUALITY STANDARDS AND CARRIER RESPONSIBILITIES
If you are a Carrier or Agent for Carriers, you are responsible for ensuring that the Trips you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety and vehicle worthiness, and do not present a Shipper or Agent with Trip Issues. During the 24-hour period following the Customer’s collection, Carriers should be available, or make a third-party available, in order to try, in good faith, to resolve Trip Issues.
Empty Trips will collect the Total Fees at the time of Trip confirmation (i.e. when the Shipper confirms the Listing/ Empty Trip request). Empty Trips will initiate payment of the Trip Fee (less the Empty Trips (Carrier Fee), and any Taxes in respect of the Trip, such as VAT (as applicable) to the Carrier/ Agent within 48 hours of when the Shipper confirms the applicable Trip to be completed, or by Carrier providing Empty Trips proof of signed waybill (except to the extent that a refund is due to the Shipper), otherwise no later than 30 days of transaction (whichever occurs first).
The time it takes for the Carrier/ Agent to receive payouts may depend upon the method for receiving payouts chosen by the Carrier/ Agent. Some methods involve the use of third-party payment processors, which may impose their own additional charges for the use of their services on the Carrier/ Agent, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Empty Trips to Empty Trips (whether as a result of your Trip or actions as a Shipper, Carrier or Agent or otherwise), then Empty Trips may (but is not obliged to) withhold the amount owing to Empty Trips from any payout amounts due to you as a Carrier/ Agent or Shipper, and use the withheld amount to set off the amount owed by you to Empty Trips. If Empty Trips does so, then your obligation to pay Empty Trips will be extinguished to the extent of the amount withheld by Empty Trips Payments, and Empty Trips will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
All payments to Carrier/ Agent will be subject to Carrier Fees.
Please note that Empty Trips does not currently charge fees for the creation of Listings, only for successful Trip purchases to the Carrier “Carrier Fees”. However, you as a Carrier/ Agent acknowledge and agree that Empty Trips reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Empty Trips will provide notice of any Listing fee collection via the Site, prior to implementing such a Listing fee feature.
The Carrier/ Agent, not Empty Trips, is solely responsible for honouring any confirmed Trips and making available any Trips reserved through the Site and Services. If you, as a Shipper, choose to enter into a transaction with a Carrier/ Agent for the purchase of a Trip, you agree and understand that you will be required to enter into an agreement with the Carrier/ Agent and you agree to accept any terms, conditions, rules and restrictions associated with such Trip imposed by the Carrier/ Agent.
You acknowledge and agree that you, and not Empty Trips, will be responsible for performing the obligations of any such agreements, and that Empty Trips is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Empty Trips disclaims all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that Empty Trips is not a party to the agreement between you and the Carrier/ Agent, Empty Trips acts as the Carrier/ Agent's payment collection agent for the limited purpose of accepting payments from you on behalf of the Carrier/ Agent. Upon your payment of the Total Fees to Empty Trips Payments, your payment obligation to the Carrier/ Agent for the Trip Fees is extinguished, and Empty Trips Payments is responsible for remitting the Trip Fees (less the Carrier/ Agent Fees and any Taxes in respect of the Carrier/ Agent Fees, such as VAT ), in the manner described in these Terms. In the event that Empty Trips Payments does not remit any such amounts as described in these Terms, such Carrier/ Agent will have recourse only against such Empty Trips entity.
MINIMUM QUALITY STANDARDS AND SHIPPER RESPONSIBILITIES
If you are a Shipper, you are responsible for ensuring that the Trip you purchased meet the requirements for the type, size and quantity of goods to be transported. Shippers are responsible for the proper packaging, securing and lashing, loading and off-loading of goods from vehicles, unless otherwise agreed to by the Carrier. Furthermore, Shipper is responsible to ensure safe access to goods and adequacy of description of Trip requirements on site. During the 24-hour period prior to and following the Carrier’s collection, Shippers should be available, or make a third-party available, in order to try, in good faith, to resolve Trip Issues.
You as a Shipper agree to pay Empty Trips for the Shipper fees for any Trip requested in connection with your Empty Trips Account if such requested Trips are confirmed by the applicable Carrier/ Agent. In order to establish a Trip pending the applicable Carrier/ Agent's confirmation of your requested Trip, you understand and agree that Empty Trips , on behalf of the Carrier/ Agent, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card/debit card / otherwise for the Total Fees or (ii) charge your credit card / other payment form a nominal amount.
Please note that Empty Trips cannot control any fees that may be charged to a Shipper or Carrier/ Agent by his or her bank related to Empty Trips's collection of Fees, and Empty Trips disclaims all liability in this regard.
APPOINTMENT OF EMPTY TRIPS AS LIMITED PAYMENT COLLECTION AGENT FOR CARRIER/ AGENT
Each Carrier/ Agent hereby appoints Empty Trips as the Carrier/ Agent's limited payment collection agent solely for the purpose of accepting the Trip Fees from Shipper or Agents.
Each Carrier/ Agent agrees that payment made by a Shipper through Empty Trips, shall be considered the same as a payment made directly to the Carrier/ Agent, and the Carrier/ Agent will make the Trip available to the Shipper in the agreed-upon manner as if the Carrier/ Agent has received the Trip Fees.
Each Carrier/ Agent agrees that Empty Trips may, in accordance with the cancellation policy as reflected herein, (i) permit the Shipper to cancel the Trip within 12 hours of payment and (ii) refund (via Empty Trips) to the Shipper that portion of the Trip Fees as specified.
Carrier/ Agent / Shipper may cancel requested Trip within 12 hours, however please refer cancellation policy. In the event of the Carrier/ Agent or Shipper cancelling a purchased trip within 12 hours, the cancelling party will be liable to Empty Trips for transactional fees depending on the payment selection of the Shipper. Such cancellation penalties are as follows:
Each Carrier/ Agent understands that as Empty Trips accepts payments from Shipper/ Agent as the Carrier/ Agent's limited payment collection agent and that Empty Trips Payments' obligation to pay the Carrier/ Agent is subject to and conditional upon successful receipt of the associated payments from Shipper. Empty Trips does not guarantee payments to Carrier/ Agents for amounts that have not been successfully received by Empty Trips from Shipper. In accepting appointment as the limited authorised agent of the Carrier/ Agent, Empty Trips Payments assumes no liability for any acts or omissions of the Carrier/ Agent or Shipper.
In consideration for the use of Empty Trips's online marketplace and Site, Empty Trips charges Service Fees. Where applicable, Taxes (such as VAT) may also be charged in respect of the Carrier/ Agent Fees and Shipper Fees. Empty Trips deducts the Carrier/ Agent Fees from the Trip Fees before remitting the balance to the Carrier/ Agent as described in these Terms. Shipper Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Empty Trips to Carrier/ Agents via EFT, PayFast, direct deposit or other payment methods described on the Site, at Empty Trips discretion, when Trip completed, or within 30 days of Trip purchase. Amounts may be rounded up or down as described the "Rounding Off" section below.
If, as a Shipper, you cancel your requested Trip within 12 hours of payment / confirmation of Trip is sent, Empty Trips will refund Total Fees less transaction fees as stipulated above to nominated account within commercially reasonable time. If, as a Shipper, you wish to cancel a confirmed Trip made via the Site, either prior to or after the Trip has commenced, the cancellation policy of the Carrier/ Agent contained in the applicable Listing will apply to such cancellation. Our ability to refund the Trip Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. The Shipper Fee is non-refundable after 12 hours from payment, regardless of the cancellation policy selected by the Carrier/ Agent.
If a Carrier/ Agent cancels a confirmed Trip made via the Site or Services, (i) Empty Trips Payments will refund the Total Fees for such Trip to the applicable Shipper within a commercially reasonable time of the cancellation.
If, as a Carrier/ Agent, you cancel a confirmed Trip at any time, Empty Trips may apply penalties to the Listing for Carrier / Agent, including (i) publishing an automated review on your Listing indicating that a Trip was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Trip, or (iii) imposing a cancellation fee (to be withheld from your future pay-outs). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. Cancellation Fee applicable to Carrier / Agent will include, but not limited to, relevant Trip Service Fee and transactional costs of Trip.
In certain circumstances, Empty Trips may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Trip made via the Site or Services. This may be for reasons set forth in Empty Trips's Extenuating Circumstances policy below, or for any other reason. Empty Trips may also determine, in its sole discretion, to refund to the Shipper part or all of the amounts charged to the Shipper in accordance with the Refund Policy. You agree that Empty Trips and the relevant Shipper or Carrier/ Agent will not have any liability for such cancellations or refunds.
EXTENUATING CIRCUMSTANCES FOR CARRIER/ AGENT CANCELLATIONS
In the rare instance where extenuating circumstances arise, a Carrier/ Agent may need to cancel a confirmed Trip. In such cases, we may elect to forgo the cancellation penalties outlined in our Terms of Service. Such cases will be contingent on proper documentation, where valid, and include:
EXTENUATING CIRCUMSTANCES FOR SHIPPER CANCELLATIONS
In the rare instance where extenuating circumstances arise, a Shipper may need to cancel a confirmed Trip. In this instance, Empty Trips may override the Carrier/ Agent’s cancellation policy and make refund decisions. Such cases will be contingent on proper documentation, where valid, and include:
A “Trip Issue” means any one of the following:
(a) the Carrier / Agent (i) cancels a Trip shortly before the scheduled start of the Trip, or (ii) fails to provide the Shipper with the reasonable ability to access the Transportation (e.g., by not arriving on time or allowing flexible pick-up).
(b) the description of the Transportation in the Listing is materially inaccurate with respect to: (i) the size of the Transportation (e.g., vehicle size & safety)
(ii) special features represented in the Listing are not provided or do not function, such as cooling, rain protection etc.
(iii) the physical location of the Transportation (proximity within 50km radius).
(c) at the start of the Trip, the Transportation: (i) contains safety or health hazards that would be reasonably expected to adversely affect the Customer’s goods, at Empty Trips’ judgment, (ii) does not hold the necessary licenses and roadworthy approvals.
The Refund Policy in the event of Transport Issue
If you are a Shipper and suffer a Transport Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Site, as determined by Empty Trips in our discretion, depending on the nature of the Transport Issue suffered or (ii) use our reasonable efforts to find and book you another Trip, which in our determination is reasonably comparable to the Transportation described in your original Trip; in terms of size, safety specs, features and quality. All determinations of Empty Trips with respect to the Shipper Refund Policy, including without limitation the size of any refund, shall be final and binding on the Customers and Carriers.
Conditions to Claim a Transport Issue.
Only a Shipper may submit a claim for a Trip Issue. If you are a Shipper, in order to submit a valid claim for a Transport Issue and receive the benefits with respect to your Trip, you are required to meet each of the following conditions:
(a) you must bring the Transport Issue to our attention in writing (Empty Trips.com/contact) or via telephone and provide us with information (including photographs or other evidence such as communications) about the Transportation and the circumstances of the Transport Issue within 24 hours of the start of your Trip (pre and post), and must respond to any requests by us within 24 hours for additional information or cooperation on the Transport Issue;
(b) you must not have directly or indirectly caused the Transport Issue (through your action, omission or negligence); and
(c) you must have used reasonable efforts to try to remedy the circumstances of the Transport Issue, if possible, with the Carrier prior to making a claim for a Transport Issue.
Carrier Responsibilities and Reimbursement to Shipper
If you are a Carrier or Agent for Carriers, you are responsible for ensuring that the Trips you list on the Site meet minimum quality standards regarding access, adequacy of the description on the Site, safety and vehicle worthiness, and do not present a Shipper or Agent with Trip Issues. During the 24-hour period following the Customer’s collection, Carriers should be available, or make a third-party available, in order to try, in good faith, to resolve Trip issues.
If you are a Carrier, and if (a) Empty Trips determines that a Shipper has suffered a Transport Issue related to a Trip listed by you and (b) Empty Trips either reimburses that Shipper any amount up to the amount paid by the Shipper through the Site for the Trip or provides an alternative Trip to the Customer, you agree to reimburse Empty Trips up to the amount paid by Empty Trips within 30 days of Empty Trips’ request.
All determinations of Empty Trips with respect to the Refund Policy, including without limitation the size of any refund to the Shipper, shall be final and binding on the Shipper and Carrier / Agent. You also agree that in order for you to reimburse Empty Trips up to the amount paid by Empty Trips, Empty Trips may off-set or reduce any amounts owed by Empty Trips to you by this amount. If the Shipper retains for part or all of the Trip despite the Trip Issue, the Shipper will receive a refund that will reduce the amount of the Trip Fees ultimately paid to you. If the Shipper is relocated to an alternative Trip route, you may lose part or all of the Trip Fee payment for the Trip and you may be responsible for reasonable additional costs incurred to relocate the Shipper to the alternative Transportation.
The rights of the Shipper under the Refund Policy supersede the cancellation policy established by a Carrier. If you as a Carrier dispute the Trip Issue you may notify us in writing (EmptyTrips.com/contact) or via telephone and provide us with information (including photographs or other evidence, including communications) disputing the claims regarding the Trip Issue, provided you must have used reasonable and good faith efforts to try to remedy the Trip Issue with the Shipper prior to disputing the Trip Issue claim.
You agree that all determinations of Empty Trips with respect to the Trip Issue shall be final and binding on the Customers and Carriers regardless of your submission of a dispute against such Transport Issue. In the event of one or more Transport Issue, Empty Trips, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your Listing ranking, automated reviews indicating Transport Issues, cancelling future Trips, suspending or removing the Listing of Trips or imposing penalties or fees for the administrative burden associated with the Transport Issues.
(a) No Assignment/No Insurance. This Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Shipper, and the Shipper has not paid any premium in respect of the Refund Policy. The benefits provided under this Refund Policy are not assignable or transferable by you.
(b) Contracting Entity. If you are using the Site and you reside in the RSA, this Refund Policy is between you and Empty Trips Pty Ltd.
Empty Trips may, in its sole discretion, round up or round down amounts that are payable from or to Shipper or Carrier/ Agents to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest Rand or other supported currency); for example, Empty Trips will round up an amount of R101.50 to R102.00, and R101.49 to R101.00.
PAYMENT PROCESSING ERRORS
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from our Carrier/ Agents, or to withhold taxes from payouts to Carrier/ Agents, or both. Empty Trips reserves the right to request all required VAT and TAX certificates of registration as deemed appropriate. Empty Trips reserves the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Carrier/ Agent understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Empty Trips cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Carrier/ Agent, Empty Trips may issue a valid VAT invoice to such Carrier/ Agent.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Trip is located may require Taxes to be collected by Carrier/ Agents from Shipper on the amount paid for the right to use and/or occupancy of Trips, and to be remitted to the respective Tax Authority. This remains responsibility of the Shipper.
Whether you are a Shipper of Carrier/ Agent, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by Empty Trips in connection with collection and remittance of Occupancy Taxes, if any. Shipper and Carrier/ Agents agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Empty Trips Payments from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:
Empty Trips has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Empty Trips may access, preserve and disclose any of your information if required to do so by law, or if believed in good faith that it is reasonably necessary to (i) respond to claims asserted against Empty Trips or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms and the Empty Trips Carrier/ Agent, (iii) for fraud prevention, risk assessment, investigation, refund support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Empty Trips, its Users, or Members of the public.
You acknowledge that Empty Trips has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and refund support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Empty Trips reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Empty Trips, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
COPYRIGHT & OWNERSHIP
You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Empty Trips and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
EMPTY TRIPS CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, Empty Trips grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Empty Trips Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Empty Trips or its licensors, except for the licenses and rights expressly granted in these Terms.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Empty Trips the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Empty Trips' use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Empty Trips is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Empty Trips of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
SUSPENSION, TERMINATION AND EMPTY TRIPS ACCOUNT CANCELLATION
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Empty Trips Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Empty Trips Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Empty Trips Account, your Member Content, or receive assistance from Empty Trips Service, (b) any pending or accepted future Trips as either Carrier/ Agent or Shipper will be immediately terminated, (c) we may communicate to your Shipper or Carrier/ Agents that a potential or confirmed Trip has been cancelled, (d) we may refund your Shipper in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Shipper to inform them about potential alternate Trips with other Carrier/ Agents that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or Trips (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Empty Trips Account. You may cancel your Empty Trips Account at any time via the "Cancel Account" feature of the Site or by sending an email to benji@EmptyTrips.com. Please note that if your Empty Trips Account is cancelled, we do not have an obligation to delete or return to you any Member Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Services will be interpreted in accordance with the laws of the Republic of South Africa.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, application, services and collective content, your Listing or Trip of any Trips via the Site, application and services, your participation in the referral program, and any contact you have with other Users of Empty Trips whether in person or online remains with you.
If you choose to use the Site, application, services or Collective Content and participate in the referral program, you do so at your sole risk. The Site, application, services, collective content and referral program are provided "as is", without warranty of any kind, either express or implied. without limiting the foregoing, Empty Trips explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of the Site. Empty Trips makes no warranty that the Site, application, services, collective content, including, but not limited to, the Listings or any Trips, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Empty Trips makes no warranty regarding the quality of any Listings, Trips, your accrual of Empty Trips travel credits, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the Site, application, services or referral program.
No advice or information, whether oral or written, obtained from Empty Trips or through the Site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other Users of the Site, application or services and with other persons with whom you communicate or interact as a result of your use of the Site, application or services, including, but not limited to, any Carrier/ Agents or Shipper and. you understand that Empty Trips does not make any attempt to verify the statements of Users of the Site, application or services or to review or visit any Trips. Empty Trips makes no representations or warranties as to the conduct of Users of the Site, application or services or their compatibility with any current or future Users of the Site, application or services. You agree to take reasonable precautions in all communications and interactions with other Users of the Site, application or services and with other persons with whom you communicate or interact, as a result of your use of the Site, application or services, including, but not limited to, Shipper and Carrier/ Agents, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Empty Trips. Notwithstanding Empty Trips' appointment as the limited payment collection agent of the Carrier/ Agents for the purpose of accepting payments from Shipper on behalf of the Carrier/ Agents, Empty Trips explicitly disclaims all liability for any act or omission of any Shipper or other third party.
You agree to release, defend, indemnify, and hold Empty Trips and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, application, services, or collective content or your violation of these terms; (b) your Member content; (c) your (i) interaction with any Member, (ii) Trip of an Trip, or (iii) creation of a Listing; (d) the use, condition or rental of an Trip by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Trip or use of a Trip; and (e) your participation in the referral program or your accrual of any Empty Trips travel credits.
By using the Site, you agree to comply with and are legally bound by the terms and conditions of these Terms and Conditions ("Terms"), whether or not you become a registered User of the Services.
These Terms govern your access to and use of the Site and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Empty Trips.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site in accordance with these Terms may subject you to civil and criminal penalties.
WHAT TYPES OF INFORMATION DOES EMPTY TRIPS GATHER ABOUT ITS USERS?
Bank Account Details
We use banking information to deduct due Fees and to refund as appropriate.
When you use certain features of the Site, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g. IP address, zip code) and more specific information (e.g. GPS-based functionality on mobile devices used to access the Site or specific features of the Site). If you access the Site through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
You may use your contact information, such as your email address, web address and phone number to create or customize your account or to enable certain account features, for example, for login verification. If you provide us with your email address, phone number or web address, you agree to receive emails to that email address, text messages to that phone number or messages to that WeChat account, as the case may be. We may use your contact information to send you information about our Site and Services, to market to you, and to help prevent spam, fraud, or abuse.
We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Site, regardless of whether you are registered with Empty Trips or logged in to your Empty Trips Account, such as your IP Address, the date and time you access or use the Site, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, device event information, pages viewed and the order of those pages, and the amount of time spent on particular pages.
Cookies and other Tracking Technologies
While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a “Do Not Track” signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for Empty Trips services on Third-Party Sites such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.
We may, either directly or through Third-Parties engage to provide services to us, review, scan, or analyze your communications with other Users exchanged via the Site for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and Member support purposes. For example, as part of our fraud prevention efforts, the Site may scan and analyze messages and attachments to mask contact information and references to other websites. This helps to prevent fraudulent actors from asking Customers to send them money outside of the Site, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and User communications more efficient and effective, as well as to debug, improve and expand product offerings. We will not review, scan, or analyze your communications for sending Third-Party marketing messages to you. We will also not sell these reviews or analyses of communications to Third Parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Site, you consent that Empty Trips, in its sole discretion, may, either directly or through Third-Parties we engage to provide services to us, review, scan, analyze, and store your communications, whether done manually or through automated means.
When you create a Listing in South Africa, (i) your name and phone number, (ii) all information relating to the Listing including its address, (iii) booking information relating to the Listing (such as Shipper details as set out in paragraph (b) below, booking dates and payment amounts), and (iv) messages between you and prospective and confirmed Customers at the Listing.
When you book an Tip in South Africa, (i) your name and phone number, (ii) booking dates, (iii) messages between you and the Carrier, and (iv) the names, registration numbers of the Shipper(s).
When you send a message to a Carrier in relation to that Carrier’s Listing in South Africa, your first name, profile picture and message content via the Empty Trips Site.
In instances where Empty Trips complies with legal requests for User data without notice to the User for the reasons described above, Empty Trips will use commercially reasonable efforts to notify that User about the request after the fact if we determine in good faith that we are no longer legally prohibited from doing so.
We may also allow our business partners to place cookies on your device. For example, we use Google Analytics for web analytics, and so Google may also set cookies on your device. As further explained below, Third Parties may also place cookies on your device for advertising purposes.
There are two types of cookies used on the Site, namely “persistent cookies” and “session cookies”.
Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Site.
to enable, facilitate and streamline the functioning of the Site across different webpages, devices and browser sessions.
to simplify your access to and use of the Site and make it more seamless.
to monitor and analyze the performance, operation and effectiveness of the Site, so that we can improve and optimize it.
to show you content (which may include advertisements) that is more relevant to you.
for fraud detection and prevention.
Empty Trips uses “cookies” in conjunction with the Site to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Site to recognize your browser, while another could store your preferences and other information.
Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Site may not work as intended or may not work at all without cookies.