TERMS AND CONDITIONS Service Providers and Users Splush Mobile is a mobile application platform used for requesting car wash services by enabling motorists to receive car wash services at their preferable locations and convenient times from Service Providers registered on the platform. Splush Moble is a technology product of BuntuSoft (PTY) LTD (K2018/047708/07), a South African based company operating in Gauteng Province, Head Offices in Centurion, Pretoria. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
2. Payment terms and conditions (available only in South Africa) 2.1 The clients of the Splush Mobile app can pay for the car wash service using the app payment pop up-push notification, which requires the prior activation of the card data and acceptance of Splush Mobile Terms and Conditions. 2.2 Payment will only be allowed via the app. No cash or card swiping will be allowed. Service Providers must not collect payments from the clients via any of the above. 2.3 Following the payment process, the Service provider will be notified on their app that the payment has been processed and that they shall move to the next job available. 2.4 A service fee is added per each order of car wash service. This is a 10% commission fee per car washed. This excludes bank charges and any applicable admin fees. 2.5 The intermediation of payments in the Splush Mobile app is carried out by payment systems service provider called SID, with the following conditions. 2.6 Splush Mobile shall be responsible for the functioning of payment processes and will take full responsibility in solving payment system problems. The contact centre for payment support service is: email@example.com and phone number +27825078903 – Inquiries submitted by e-mail shall receive a response within 24 hours. 2.7 Splush Mobile shall resolve all payment related complaints and applications within two business days. 2.8 Splush Mobile will allow Service Providers to choose their payment dates, days in which their revenues are deposited into their bank accounts. Service Providers may choose, on the app whether to be paid on the 15th or 25th or 31st of every Month. 2.9 The reflection of such payments will depend on the bank used by Service Providers. Service Providers agree to be vetted prior to acceptance of these terms and conditions, where previous frauds and defaults are found, that such individuals’ contracts shall be terminated with immediate effect.
3. Specific to clients: bookings and withdrawal of service 3.1 Cancellation of the services by clients within two (2) minutes are considered pre-orders, and no payment shall be claimed from the client. 3.2 Three (3) conservative cancellations that occur following the acceptance of the order by service provider, will lead to the client being consulted by Splush Mobile consultants. 3.3 A repeat of this shall deem it necessary to block such client from accessing services until the client informs Splush Mobile of errors occurring on their devices. 3.4 Service Provider have right to cancel the order within two (2) minutes, upon which the app shall allow other Service Providers to take the job. No Service Provider may cancel the previous job in order to take the second job within 10 minutes. 3.5 No Service provider is allowed to leave the job half done or cancel the job while it has been started nor cancel after 5 minutes of accepting the job. If this happen, the job will not be paid for, and there is will be a penalty fee of R100.00 per incident. 3.6 If this behaviour is consistent, the account suspension may take up to six months, after which the service provider account may be reactivated. 3.7 Splush will try by all means to influence or hold Service Providers accountable for unsatisfactory services. However, it must be noted that we cannot guarantee 100% satisfaction. 3.8 Splush will reward clients for referrals made using the app, a discount of 5-15% will be given to the referrer once the referred user uses the app for the first time. The user referred will get their first wash at a 5-15% discount. No user may cancel their contract and re-register in aim of receiving these benefits.
6. Quality Service Provision, Infringements, License 6.1 Splush Mobile is not a provider or broker of car wash services, we are unable to guarantee the quality of the service from Service Providers, but we will have service agreements with them to influence high standards. 6.2 Any issues with the quality of the car wash services shall be resolved in accordance with the laws, rules and regulations governing this services. 6.3 Splush is committed to continually influence Service Providers to improve the quality of car wash services. This will be done by requesting users to provide feedback via the app so that Splush Mobile can enforce such from Service Providers. 6.4 Splush expects its users to use the app in good faith and to be respectful of the each other when rendering and exchanging business services. 6.5 No User (Service Provider or Client) may remove any copyright, trademark or other proprietary content or notices from any portion of the app or service. 6.6 No User may reproduce, modify, prepare imitative works based upon, dispense, license, rent, sell, resell, transfer, publicly exhibit, publicly execute, transmit, stream, broadcast or otherwise exploit the services except as expressly permitted by Splush Mobile. 6.7 No User may decompile, reverse engineer or disassemble the services except as may be permitted by applicable law. 6.8 No User may link to, mirror or frame any portion of the app or service and cause or launch any programs or scripts for the purpose of crafting, indexing, charting, or otherwise mining any data or portion of the app or service or excessively troubling or hampering the operation and/or functionality of any aspect of the app or service 6.9 No User may attempt to gain unauthorized access to or impair any aspect of the app or services or its related systems or networks. 6.10 Subject to your compliance with these terms, Splush Mobile grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to (a) access and use the applications on your personal devices solely in connection with your use of the app or services and (b) access and use any content, information and related materials that may be made available through the app or services, in each case solely for your personal, non-commercial use. 6.11 Any rights not expressly granted herein are reserved by Splush Mobile and Splush Mobile’s licensors.
7. Account qualifications, security and conduct 7.1 In order to use most aspects of the app and services, you must register for and maintain an active personal user services account. 7.2 You must be at least 18 years of age, or the ID or passport number of legal majority in your jurisdiction (if different than 18), to obtain an account. 7.3 You may not authorize third parties to use your account, and you may not allow persons under the ID or passport number of 18 to receive car wash or render services unless they are accompanied by you. 7.4 Account registration requires you to submit personal information to Splush Mobile, such as your names, age, physical address, mobile phone number, car details and bank details. 7.5 You agree to maintain accurate, complete, and up-to-date information in your account. Your failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment card may result in your inability to access and use the services or Splush Mobile’s termination of these terms with you. 7.6 You are responsible for all activity that occurs under your account, and you agree to maintain the security and secrecy of your account username and password at all times. Unless otherwise permitted by Splush Mobile in writing, you may only possess one account. 7.7 You may not assign or otherwise transfer your account to any other person or entity. You agree to comply with all applicable laws when using the services, and you may only use the services for lawful purposes (e.g., no use of unlawful or hazardous materials). 7.8 You will not, in your use of the car wash services or app, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. 7.9 In certain instances you may be asked to provide proof of identity to access or show the application identity, and you agree that you may be denied access to or use/render the services if you refuse to provide proof of identity.
8. Responsibilities of Service Providers 8.1 You hereby guarantee to provide Superior Services in accordance with this agreement as well as laws and regulations applicable in the Province where you are providing such services. 8.2 Disclaimer: Please note that the Service Provider is fully liable for any violation of any local or international laws and regulations as may arise from providing these services. 8.3 You must, along others, have all licenses, permits, insurance, liability insurance (if applicable), registrations, certifications and other documentation that are required in the applicable jurisdiction for providing these type of service. 8.4 It is your obligation to maintain the validity of all abovementioned documentation, of which Splush Mobile will provide you with ID card that you shall present upon arriving at the premises of the client. 8.5 Splush Mobile also reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, approvals, authority, registrations and certifications as well as their renewals. 8.6 You must abide by the laws and regulations of the Republic of South Africa at all times. This means, among others, that you may not operate the Splush Mobile App Services while under the influence of alcohol, drugs or any product that impairs your vision and barren you of good judgement. 8.7 You must provide the services in a professional manner in accordance with the business ethics applicable to providing such services and endeavour to perform the client’s request in the best interest of the client. 8.8 You may accept the car wash jobs requested within 5 km radius from your location. However, you may offer car wash services to other customers outside the 5 km radius. 8.9 You may not delay clients based on their booking time and may not suddenly accept another job in the same area before completing the first order 8.10 You may not accept another job outside the scope of Splush Mobile requirements while attending to the nearby client and all car wash services must be booked and accepted via the app. 8.11 You are obliged to provide and maintain all equipment and means that are necessary to perform the car wash services at your own expense, including a transportation of such equipment, smart device, mobile data plan, etc. 8.12 You are responsible for paying all costs you incur in the course of performing the car wash services including, but not limited to, fuel, mobile data plan costs, insurance, relevant corporate or payroll taxes etc. 8.13 The User is responsible for all data costs related to running the App and is advised to appropriate use of affordable data rates. Users must note that the App will be updated without written notification, and must allow App updates to enable better user friendliness. 8.14 In case the client cancels the request for car wash services after five (5) minutes or does not receive or open the gates for Service Provider, Splush Mobile shall have the right to request a penalty up to R50.00 from such client. Splush Mobile shall request such penalty only in case of negligent behaviour from the client and shall have the full discretion in deciding whether to collect the penalty or not. In case Splush Mobile collects the penalty, it will keep car wash charges and the rest of the penalty collected shall be forwarded to you during your payment collection day. 8.15 If you are using the Splush Mobile account as a business entity, you hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the car wash services. 8.16 You are accountable for acquiring a valid VAT number, paying income tax, other tax requirements, you are also responsible for fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of car wash services as required by the applicable law. 8.17 It is your responsibility to provide Splush Mobile with all relevant tax information, including (among else) your VAT number. You hereby authorise Splush Mobile to issue itself an invoice on your behalf in order to compensate you any expenses, referral fees, contractual penalties or other fees that you are due from Splush Mobile or clients. Upon its issuance, the invoice will be immediately made available to you electronically. 8.18 If you are an individual serving as service provider, please note that Splush Mobile may in its reasonable discretion and based on applicable tax law, collect and remit taxes resulting from your provision of car wash services and/or provide any of the relevant tax information directly to the applicable governmental tax authorities on your behalf.
9. Splush Mobile Fees 9.1 In order to use the Splush Mobile App, you are obliged to pay to Splush Mobile once off fee (i.e. the Splush Mobile Fee), which shall be deducted along with first payment commission and charges incurred. 9.2 The Splush Mobile Fee is paid NOT based on the fee of each car wash service order you have completed, but rather once-off payment of R49.00 for app development fees. 9.3 The 10% commission fee is separate and is consistently deducted upon your payment collection date and the invoice notification will be send to you electronically. 9.4 The Splush Mobile Commission fee may change from time to time. Splush Mobile shall send you a prior notification of each such change. Also note that there are price fluctuations depending on distance, water availability, waterless car wash service, weekday rates vs weekend rates and other parameters that influence the business operation. 9.5 You must pay the penalty or other charges due to Splush Mobile for the previous month at latest by the 15th date of the following month. You may request that such payment is deducted from your next payment collection date. 9.6 Upon ignoring or delaying with payment of such charge, you are obliged to pay a penalty of late payment in the amount of 0, 05% (zero point zero five percent) of the unpaid amount per day. You are obliged to cover all costs incurred by Splush Mobile, which are related to debt collection activities.
10. Client Support 10.1 As one of our services, we will provide you client support services when using Splush Mobile App. 10.2 The client support may be provided either by Splush Mobile or its Affiliates as listed on the Website (www.splushmobile.com). 10.3 Please note that Splush Mobile has the right to stop providing the client support services in case you are in delay with any of your payments to Splush Mobile and/or its Affiliates for more than 5 (five) calendar days.
11. Ratings and Activity 11.1 In order to guarantee high-quality service via the application provided by Splush Mobile and provide additional reassurance to our clients, you hereby acknowledge that the clients may provide you a rating and leave feedback regarding the quality of the car wash services that you have provided. 11.2 Your average rating will be linked to your Splush Mobile account and available to clients when requesting car wash services. 11.3 The client is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a particular rating or comment to not be in good faith, we may remove it. 11.4 In addition to the rating, Splush Mobile measures your level of activity and provides you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing car wash service orders. 11.5 You hereby acknowledge that in order to provide reliable services to clients, Splush Mobile may determine a minimum average rating and a minimum activity score that all Service Providers must establish and maintain. 11.6 If, after a pertinent notification from Splush Mobile, you do not increase your average rating or activity score above the minimum within the prescribed time period, your Splush Mobile account will automatically be suspended either temporarily or permanently. 11.7 Splush Mobile may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
12. Market Overviews and Campaigns 12.1 Splush Mobile may send you, via electronically, market overviews in order to increase your awareness regarding when the demand by the client is highest. Please note that such market overviews are merely recommendatory and do not constitute any obligations for you. 12.2 As the market overview estimations are based on previous statistics, Splush Mobile cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview. 12.3 Splush Mobile may also provide campaigns, whereby Splush Mobile will guarantee a minimum income if you provide car wash services within a specified timeframe but shall NOT compensate the gap, if you do not reach such minimum. 12.4 The specific requirements and conditions will be sent from Splush Mobile via electronically. Splush Mobile has full discretion in deciding if, when and to which Service Providers it enables such campaigns. 12.5 If Splush Mobile has reasonable cause to suspect any fraudulent activity by you, it may withhold your payments until the suspicion of fraud has been cleared. 12.6 Splush Mobile may also occasionally arrange various campaigns to clients in order to market the Splush Mobile application, whereby the fees paid by such client are reduced or increased. 12.7 In all cases, Splush Mobile will notify you about specific campaign terms and in most cases shall pay you compensation, amounting to the monetary value of the benefit offered to the client (i.e. difference between the amount that the you should have received and actually receive due to the marketing campaign). 12.8 Such compensation shall be paid you concurrently with your payment collection dates. Splush Mobile may set off the marketing compensation against the Splush Mobile fee. 12.9 Splush Mobile may also carry out other campaigns for Service Providers and/or the clients under the terms accompanying the specific campaign.
13. Service Provider Declaration 13.1 You hereby acknowledge that by providing car wash services to the clients, you and the client are bound by a service contract, to which Splush Mobile nor its Affiliates are not a party. 13.2 Splush Mobile and its Affiliates do not control or direct your provision of car wash services. You have the sole right to decide when and for how long to utilize the Splush Mobile App and whether to accept the client’s request received via the Splush Mobile App. 13.3 You acknowledge and agree that you have complete discretion to provide services and may not engage on personal ambitions when entering client premises. 13.4 You hereby acknowledge and agree that Splush Mobile and its Affiliates are merely providers of the Splush Mobile App and its supporting services and do not provide car wash services. 13.5 By providing the Splush Mobile App, Splush Mobile and its Affiliates act as facilitators of car wash service between you and client. Splush Mobile also act as your commercial agent by collecting and forwarding the payments made by clients for the car wash services via the In-app Payment, via various payment systems. 13.6 You, Splush Mobile and its Affiliates hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Splush Mobile or Affiliate. 13.7 The parties also agree that no joint venture or partnership exists between you and Splush Mobile or its Affiliates. You may not act as an employee, agent or representative of Splush Mobile or its Affiliates nor bind them to any contract. 13.8 If due to the implication of mandatory laws or otherwise, you are deemed as an employee of Splush Mobile or its Affiliate, you hereby agree to indemnify, defend and hold Splush Mobile and its Affiliates harmless from and against any claims by any person, entity, regulator or governmental authority based on such implied employment relationship.
15. Liabilities and Limitations 15.1 The Splush Mobile App is provided on an "as is" and “as available” basis. 15.2 Splush Mobile and its Affiliates do not represent, warrant or guarantee that access to Splush Mobile App will be uninterrupted or error free. 15.3 As the usage of Splush Mobile App for requesting car wash services depends on the behaviour of clients, Splush Mobile and its Affiliate do not guarantee that your usage of the Splush Mobile App will result in any car wash Service requests. 15.4 Splush Mobile is not liable for the proper functioning of the Splush Mobile App and any loss or damage that you may occur as a result. 15.5 Disclaimer: To the maximum extent permitted under the applicable law, Splush Mobile and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the agreement or as a result of using the Splush Mobile App, including but not limited to (a) any direct or indirect property damage or monetary loss (b) loss of profit or anticipated savings (c) loss of business, contracts, contacts, goodwill, reputation and (d) any loss that may arise from interruption of the business, loss or inaccuracy of data, (e) any other type of loss or damage (f) death resulting from operating car wash service (g) any threat to your life or health, be in a form of hazards or bodily attack and otherwise. 15.6 For avoidance of doubt Splush Mobile does not guarantee the submission of requests by the clients and can in no way be considered as a person acting on behalf or in the name of the client. 15.7 Disclaimer: Splush Mobile will strive to remove unwelcomed users of the Splush Mobile App. However, Splush Mobile and/or any of its Affiliates are not liable for the actions or non-actions of the clients or their cell phone users using the Splush Mobile App and shall not be liable for any loss or damage that you may incur as a result of actions or non-actions of the clients or their compatriots. 15.8 Please note that you are fully liable for breach of the agreement and/or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Splush Mobile, Affiliate or state or other authority. 15.9 Disclaimer: You are fully liable and shall indemnify Splush Mobile for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Splush Mobile and/or any of its Affiliates or representatives may occur in connection with your breach of the agreement and/or claim by a third party (including the client) directly or indirectly related to provision of car wash services. 15.10 Should any of the clients present any claims against Splush Mobile in connection with your provision of car wash services, then you shall compensate such damage to Splush Mobile in full within 7 (seven) days as of your receipt of the respective request from Splush Mobile. 15.11 You are obliged to comply with all tax obligations you may incur in relation to fulfilling your obligations arising from the Agreement or providing car wash services. You shall indemnify Splush Mobile and/or its Affiliates from all tax liabilities, duties, levies, claims and penalties that it incurs as a result of your failure to comply with your tax obligations (including, but not limited to, failure to pay income tax or any tax responsibility). 15.12 In case Splush Mobile is entitled to present any claims against you, then you shall compensate Splush Mobile any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
16. Terms of Suspensions 16.1 The conditions expressly specified in these terms shall enter into force as of submitting the signup application located on the app and or website. Each other document that is part of the agreement shall enter into force once the specific document has been made available to you and you commence or continue providing the car wash services, unless prescribed otherwise in the agreement. 16.2 You may terminate the agreement at any time by notifying Splush Mobile at least 7 (seven) days in advance, after which your right to use the Splush Mobile App and Splush Mobile services shall terminate. The agreement will also terminate upon the deletion of your Splush Mobile account. 16.3 Splush Mobile may terminate the agreement at any time and for any reason at the sole discretion of Splush Mobile by notifying you at least 3 (three) days in advance. 16.4 Disclaimer: Splush Mobile is entitled to immediately terminate the agreement and block your access to Splush Mobile App without giving any advance notice in case you breach the agreement, any applicable laws or regulations, disparage Splush Mobile or its Affiliates, or cause harm to Splush Mobile or its Affiliates’ brand, reputation or business as determined by Splush Mobile in its sole discretion. In the aforementioned cases Splush Mobile may, at its own discretion, prohibit you from registering a new account or take other necessary steps to stop you from providing car wash services. 16.5 Splush Mobile may also immediately block your access to the Splush Mobile App and other services for the period of investigation, if we suspect an infringement of the agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. Splush Mobile shall only use the right described herein in good faith. 16.6 Splush Mobile is aiming to provide the highest quality service to all clients and is monitoring the activity of Service Providers in its system. If you fail to meet the minimal service requirements, such as the obligation to possess a certain minimal rating and activity score, Splush Mobile is entitled to immediately terminate the agreement without giving any advance notice.
17. Provisional amendments 17.1 Splush Mobile has the sole right to make changes to any of the documents that are part of the agreement. Any changes to the agreement shall enter into force after they have been made available to you electronically and when you are continuing to provide car wash services, unless prescribed otherwise in the agreement. 17.2 In order to amend the General Terms, Splush Mobile shall post a revised version of it on the Website (www.splushmobile.com) and give you at least 14 (fourteen) days prior notice. If you continue to use the Splush Mobile App, you shall be deemed to have accepted the revised conditions.
18. Jurisdictional Law and Court Orders Disclaimer: The Agreement shall be governed by, and construed and enforced in accordance with the laws of Republic of South Africa, without regard to conflict of law principles. Any dispute that may arise in connection with this agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this agreement could not be settled by the negotiations, then the dispute will be finally solved in the Magistrates court with the jurisdiction of the registered office of the company Centurion Pretoria, Republic of South Africa.
19. Personal responsibility You are obligated to immediately notify Splush Mobile of any changes of your contact information and guarantee to keep the contact information accurate and up to date. The contact information of Splush Mobile is available at the website.
20. Concluding provisions 20.1 If any provision of the agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the agreement shall not be deemed a waiver of such term. 20.2 You may not assign the agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement. 20.3 Disclaimer: Any notice required to be given under this Agreement shall be sufficiently given if, (a) delivered personally, (b) sent by courier with proof of delivery, (c) sent by registered mail, (d) sent by e-mail or (e) made available via the Splush Mobile’s website or Splush Mobile App. 20.4 Disclaimer: Any notice which is sent or dispatched in accordance with this clause 15 shall be deemed to have been received, (a) if delivered personally, at the time of delivery to the party, (b) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party, (c) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party, (d) if made available via the Splush Mobile’s website or the Splush Mobile App, or (e) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.