BLUE DOT DRIVER APP TERMS AND CONDITIONS
PREAMBLE
The Blue Dot Incentive Programme is an innovative initiative established by the Western Cape Government’s Department of Transport and Public Works which aims to create safer and more dignified public transport services while also supporting transformation, empowerment, job creation and greater stability within the minibus taxi industry, as well as enabling broader economic benefits.
The Driver Application is available to Drivers registered on the Blue Dot Incentive Programme in order to view and receive feedback on their level of compliance with their Performance Standards (including driving performance). The Terms and Conditions set out below govern the usage of this Driver Application by the Participants and the by the Western Cape Department of Transport and Public Works.
1. Definitions
1.1. Affiliates means any natural person, corporation, association, partnership, joint venture, trust, governmental authority or any agency or department thereof, or any other entity of any kind, which has entered into an agreement with the Service Provider to, among other things, perform one or more of the monitoring, determination or planning functions described in clause 3.3.
1.2. Blue Dot Incentive Programme means the incentive programme established by the Western Cape Government’s Department of Transport and Public Works which aims to create safer and more dignified public transport services while also supporting transformation, empowerment, job creation and greater stability within the minibus taxi industry, as well as enabling broader economic benefits.
1.3. Blue Dot T&Cs means the terms and conditions which govern the operation of and participation in the Blue Dot Incentive Programme, agreed to by the User and the Service Provider.
1.4. Participating Driver means a person who drives a Participating MBT on behalf of a Participating Operator for the purpose of delivering a public transport service and who has been confirmed as a Participant in the Blue Dot Incentive Programme by the WC: DTPW.
1.5. Driver Application means the application developed by the Service Provider through which the Service Provider will provide the User with daily feedback in respect of the User’s level of compliance with Performance Standards , to which these Terms are applicable, which includes the Tracking Application;
1.6. Performance Standards means the prescribed standards against which the performance of Participating Drivers is measured, as set out in Schedule 3 of the Participating Driver Blue Dot T&Cs.
1.7. Service Provider means the Western Cape Government’s Department of Transport and Public Works.
1.8. Services means the Registration Platform, Tracking Application, websites, content, products, and other services made available by the Service Provider.
1.9. Tracking Application means the tracking application developed by the Service Provider for the purpose of tracking the Trips completed by you as a participant in the Blue Dot Incentive Programme.
1.10. Terms means the terms of use set out herein.
1.11. User/s mean any individuals who make use of or access the Driver Application, and where the words “you” and “your” are used in these Terms it shall refer to such User/s.
1.12. User Information means personal information of a User collected through the Driver Application and the GPS location data of a User collected through the Tracking Application.
2. Terms and Conditions
2.1. These Terms govern the access or use by you, an individual, of the Services from within South Africa.
2.2. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and the Service Provider.
2.3. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements which the Service Provider has with you in respect of the Services.
2.4. The Service Provider reserves the right to immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
2.5. The Service Provider may supplement these terms to deal with a particular situation, such as an event, activity or promotion (the “Situation”). Supplemental terms in connection with the applicable Situation will be disclosed to you on reasonable notice. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Situation. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Situation.
2.6. The Service Provider may amend the Terms and any supplemental terms related to the Services from time to time. Amendments will be effective upon the Service Provider’s posting of such updated. You will receive notification through the Driver Application of any amendments in terms of this clause as part of the Services. Your electronic acknowledgement through the Driver Application of such notification will constitute your consent to be bound by the Terms, as amended.
2.7. Through using the Services, you accept that the Service Provider will process personal information and you agree to the collection and use of such personal information in connection with the Services as provided for in the Service Provider’s Privacy Policy located at https://safelyhome.westerncape.gov.za/campaigns/2969.
3. Services
3.1. The Services constitute a technology platform that enables the Service Provider to collect, record and store your User Information through the Driver Application and the Tracking Application.
3.2. By using the Services, you agree that the Service Provider shall be entitled to share the User Information collected, recorded and stored through the Driver Application and the Tracking Application with its Affiliates.
3.3. User Information will be shared with Affiliates for the purpose of identifying you personally for the purpose of your participation in the Blue Dot Incentive Programme and for monitoring your compliance with Performance Standards, provided that deidentified GPS location data gathered through the Tracking Application may be used for future public transport planning purposes.
3.4. Unless otherwise agreed by the Service Provider in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
4. License
Subject to your compliance with these Terms, the Service Provider grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Driver Application and the Tracking Application on your personal mobile and/or computing device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by the Service Provider and the Service Provider’s licensors.
5. Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Service Provider; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
6. Third Party Services and Content
Apple Inc., Google, Inc., Microsoft Corporation, Huawei Technologies Co., Ltd or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, Harmony OS or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
7. Ownership
The Services and all rights therein are and shall remain the Service Provider’s property or the property of the Service Provider’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Service Provider’s company names, logos, product and service names, trademarks or services marks or those of the Service Provider’s licensors.
8. User Accounts
In order to use the Services, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to the Service Provider certain personal information, such as your name, identity number, mobile phone number and age. 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 may result in your inability to access and use the Services or the Service Provider’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by the Service Provider in writing, you may only possess one Account.
9. User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. 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. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Provider, the Affiliates or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
10. Network Access and Devices
10.1. You are responsible for obtaining the data network access necessary to use the Services, and you will be responsible for the mobile network data and messaging rates and fees which may be incurred when you access or use the Services from a wireless-enabled device. This is also applicable should a User make use of the Tracking Application element of the Driver Application.
10.2. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Service Provider does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
11. Intellectual Property
11.1. All content made available to you though the Driver Application and/or the Tracking Application, including but not limited to text, graphics, logos, button icons, images, audio clips and digital downloads is owned by the Service Provider or third parties, and is protected by South African and international law. Furthermore, the compilation of all content on the Driver Application and/or the Tracking Application is the exclusive property of the Service Provider and is protected by South African and international copyright laws.
11.2. You agree that if you breach the terms of clause 11.1, the Service Provider will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. The Service Provider will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.
11.3. Nothing on the Driver Application and/or the Tracking Application should be regarded as granting any licence or right to use any trademark without the Service Provider’s prior written permission and/or that of the relevant third party.
11.4. Although the Service Provider undertakes to ensure the relevant security safeguards, the Service Provider cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Driver Application and/or the Tracking Application.
12. Limitation of Liability
12.1. The Service Provider will use reasonable skill and care in providing the Services to you and in keeping it a safe, secure, and error-free environment.
12.2. You acknowledge and agree that these Terms do not create an employee-employer or joint venture or contractor or agency relationship between yourself and the Service Provider and that you have no claim against the Service Provider, now or in the future, for compensation of any kind related to any services you may render.
12.3. You use the Services at your own risk and subject to the following disclaimers: The Service Provider is providing the Services on an "As is" or “voetstoots” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from digital virus or other harmful code. The Service Provider does not warrant that any information provided by it is accurate, complete, or useful, that the Services will be operational, error free, secure, or safe, or that the Services will function without disruptions, delays, or imperfections.
12.4. The Service Provider does not control and is not responsible for controlling how or when you use the Services or the features, services, and interfaces the Services provide.
12.5. The Service Provider is not responsible for and is not obliged to control the actions or information (including content) of the Users or other third parties.
13. Indemnity
You agree to indemnify and hold the Service Provider and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) the Service Provider’s use of your User Information; or (iv) your violation of the rights of any third party, including Affiliates. Your rights with respect to the Service Provider are not modified by the foregoing disclaimer if the laws of the Republic of South Africa do not permit it.
14. Notices
The Service Provider may give you notice by means of a general electronic push notification delivered to you through the Registration Platform, electronic mail to your email address in your Account or by sms communication sent to your mobile phone number as set forth in your Account. You may give notice relating to your usage of the Driver Application and these Terms to the Service Provider by written communication to Transport Operations, 11 Leeuwen Street, Cape Town, 8001.
15. Assignment
You may not assign or transfer these Terms in whole or in part without the prior written consent of the Service Provider. You give your approval to the Service Provider for it to assign or transfer these Terms in whole or in part.
16. Provisions Severable
All provisions and the various clauses of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of these Terms which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pronon scripto and the remaining provisions and clauses of these Terms shall remain of full force and effect. The parties hereto declare that it is their intention that these Terms would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
17. Governing Law
These terms shall be governed by the laws of the Republic of South Africa.
