Terms & Conditions
Last updated: February 02, 2020
Acceptance of Terms
• DRYVAR provides its Service (as defined below) to you, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Services or our website located at DRYVAR.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
• We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new TOS.
• You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify DRYVAR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. DRYVAR will not be liable for any loss or damage arising from your failure to comply with this section.
• You may have the option of creating a unique username (“Username”) which permits other users to send shipments to you without needing to import or otherwise input your shipping information. By creating a Username, you agree and acknowledge that other users of the Service will have access to your full name and your city and state of residence. It is your responsibility to determine whether you should create a Username, and you agree that DRYVAR shall have no obligation or liability with respect to third party access to or use of your personal information as described above.General Conditions/ Access and Use of the Service
General Conditions/ Access and Use of the Service
• Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to DRYVAR. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices DRYVAR provides you or publishes in connection with the Service, and you shall promptly notify DRYVAR if you learn of a security breach related to the Service. Additionally, DRYVAR partners with third party carriers to provide the Service. Accordingly, shipment of your items will also be governed by the terms and policies of our carrier partners, including, but not limited to FedEx, UPS, USPS and DHL (and any other terms and policies set forth on our carrier partners’ respective websites) and you agree to comply with such terms and policies . We shall not have any liability or responsibility for the actions of any third party carrier that may provide shipping services for us in connection with the Service.
• In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with DRYVAR’s acceptable use policy (“AUP”), as described in this section. You will not use the Service to (or assist another person to): a) upload or transmit any content or materials that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) in the sole judgment of DRYVAR, is objectionable, knowingly false, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose DRYVAR or its users to any harm or liability of any type; b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or c) violate any applicable local, state, national or international law, or any regulations having the force of law; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
• Any software that may be made available by DRYVAR in connection with the Service, including without limitation the bookmarklets or plug-ins, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, DRYVAR hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by DRYVAR for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of DRYVAR or any third party is granted to you in connection with the Service.
• You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to DRYVAR’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. DRYVAR will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
• You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in DRYVAR’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
• The failure of DRYVAR to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and DRYVAR, even though it is electronic and is not physically signed by you and DRYVAR, and it governs your use of the Service and takes the place of any prior agreements between you and DRYVAR.
• Subject to the terms hereof, DRYVAR may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
• To the extent the Service or any portion thereof is made available for any fee, you will be required to provide DRYVAR information regarding your credit card or other payment instrument. You represent and warrant to DRYVAR that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you arrange for shipment, all charges for the shipment and any additional fees payable to DRYVAR (“Charges”) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize DRYVAR to bill your payment instrument for Charges in accordance with this TOS. Except as otherwise agreed by the parties, all Charges shall be those in effect at the time that an item is tendered for shipment and described in the Service, including through email or SMS messages sent by DRYVAR, on the Site or in any Mobile Services). The applicable Charges will be based upon the characteristics of the shipment actually tendered to us. If you dispute any Charges you must let DRYVAR know within sixty (60) days after the date that DRYVAR bills your payment instrument. We reserve the right to change the amount of the Charges from time to time. If DRYVAR does change any of the Charges, DRYVAR will post the new rates to the Service, effective as of the posting date. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on DRYVAR’s net income.
• You, as a shipper, understand that you are responsible for providing accurate and complete shipment information to DRYVAR, including service selected, number, weight, descriptions (including designations such as “fragile,” if such designations are permitted or requested through the Service) and dimensions of shipments. If any aspect of the shipment information is incomplete or incorrect as determined by DRYVAR in its sole discretion, the actual Charges applicable to such shipment may be more than what is quoted through the Service, and DRYVAR may, in its discretion, adjust the actual Charges accordingly and will notify the shipper of such adjustments. You authorize DRYVAR to charge the payment instrument associated with your account for the difference between the quoted and actual Charges upon notification. If the shipment has been canceled in accordance with this TOS prior to notification of the adjusted Charges, you acknowledge that additional Charges may still apply.
• You acknowledge that certain Charges may apply to shipments which are canceled (i) by DRYVAR or its third party representatives because such item is a Prohibited Item, a Non-Conforming Item, or because the shipping information is incorrect or incomplete; or (ii) by you, for whatever reason, in each case even if the shipment is not handed over to a third party carrier prior to cancellation. Please see our FAQ for more information about Charges for canceled shipments.
• iOS and Android Smartphone with GPS and data enabled (You need data to use the app.)
Code of conduct:
Our guidelines have been developed to help make every experience feel safe, respectful, and positive. They apply to everyone who uses any of our apps, including drivers, riders, delivery partners, Dryvar Foods customers, and restaurants. Thank you for joining us to support and safeguard a welcoming environment.
The guidelines below help explain some of the specific kinds of behaviour that may cause you to lose access to the Dryvar app. There will always be unforeseen events that may ultimately lead to you losing access to the Dryvar app and we’ll update these guidelines regularly but the following guidelines are sufficient cause for Dryvar to take action. Please take a moment to read them.
GUIDELINES FOR ALL OF US
Everyone who signs up for a Dryvar account is required to follow Dryvar’s Community Guidelines. They reflect the following 3 pillars and the standards in each of these sections.
●Treat everyone with respect
Our community is remarkably diverse and, chances are, you will encounter people who might not look like you or share your beliefs. The guidelines in this section help to foster positive interactions during every experience.
●Help keep one another safe
We’re hard at work every day to help create safer experiences for everyone. Your safety drives us. That’s why these standards were written.
●Follow the law
We’re committed to following all applicable laws
and earning your trust, and we expect everyone who uses our app to do their
part and adhere to applicable laws and regulations, as well as airport rules
and regulations where applicable.
Treat everyone with respect
Treat your fellow Dryvar app users as you would like to be treated yourself: with respect. The actions you take while using the Dryvar app] can have a big impact on the safety and comfort of others. Courtesy matters. That’s why you are expected to exercise good judgment and behave decently towards other people when using the Dryvar app just as you would in any public place.
For example, always try to be on time for your ride or to pick up your delivery because nobody likes to wait. It’s also common courtesy not to shout, swear, or slam the car door. And by tidying up after yourself whether it’s taking your trash home or cleaning up a spilled drink you’ll help keep the car in good condition and help ensure the next person has a pleasant ride, too. Most importantly, remember that when you use the Dryvar app you will meet people who may look differently or think differently than you. Please respect those differences. We believe that everyone should feel supported and welcomed when they use the Dryvar app. That’s why we’ve created standards on physical contact, sexual assault and misconduct, rude behaviour, unwanted contact, and discrimination.
Don’t touch strangers or anyone you just met while using any of Dryvar’s app. Hitting, hurting, or otherwise intending to hurt anyone is never allowed.
Sexual assault and misconduct
We all value our personal space and privacy. It’s okay to chat with other people. But please don’t comment on someone’s appearance or ask whether they are single. Sexual assault and sexual misconduct of any kind is prohibited. Sexual assault and misconduct refers to sexual contact or behaviour without explicit consent of the other person.
Personal space and privacy should be respected. The following list provides examples of inappropriate conduct.
●Behaviours and comments that could make people feel uncomfortable are not acceptable. Examples include nudges, whistles, and winks. Don’t touch or flirt with people you don’t know.
●Certain conversations that could be perceived as harmless can be offensive. Don’t comment on appearance, perceived gender identity, or sexual orientation. Refrain from asking unrelated personal questions, such as “Are you in a relationship?” Avoid discussing your own or someone else’s sex life, using explicit language, or making jokes about sex.
●Dryvar has a no-sex rule. Sexual contact is prohibited while using the Dryvar app, including during a trip or delivery, regardless of whether you know the person or they give you their consent. This includes activities such as sexual intercourse, solicitation of sexual intercourse, masturbation, or touching and exposure of sexual body parts.
Threatening and rude behaviour
Aggressive, confrontational, and harassing behaviour is not allowed. Don’t use language or make gestures that could be disrespectful, threatening, or inappropriate. It may be a good idea to stay away from personal topics that can potentially be divisive, like religion and political beliefs.
Contact should end when the trip or delivery is complete, unless it’s to return a lost item. For example, texting, calling, visiting, or trying to visit someone in person after a trip or delivery has been completed is not allowed.
You should always feel safe and welcome. That’s why we don’t tolerate conduct we’ve determined to be discriminatory. Do not discriminate against someone based on traits such as their age, colour, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under relevant law.
For example, it is unacceptable to refuse to provide services based on characteristics like a person’s age, colour, disability, gender identity, marital status, national origin, race, religion, sex, sexual orientation, or any other characteristic protected under relevant law. It is also unacceptable to rate another user whether they’re a customer, delivery partner, driver, restaurant, or rider based on these traits.
In addition, it is not acceptable to discriminate on the basis of a rider’s destination or a customer’s delivery location. We understand how important it is to fit driving or delivering around your life, rather than the other way around. It is not a violation of these guidelines to pass on a trip or delivery because it does not work for you. But intentionally refusing or cancelling requests, or using features in the DRYVAR app to avoid receiving trip or delivery requests, solely for the purpose of avoiding a particular neighbourhood due to the characteristics of the people or businesses that are located in that area is not allowed.
Hospitality and satisfaction
Customer satisfaction is of utmost importance. Riders must feel welcomed and comfortable when riding with Dryvar. Driver’s are required to assist riders with luggage; open and close vehicle doors when passengers enter and exit the vehicle; be polite, approachable and speak with etiquette and manners. Drivers must welcome the rider, thank the rider for choosing Dryvar, ask the rider if they have a preferred radio station or would like to listen to certain type of music, offer the rider the ability to charge their cell phones by providing IOS and/or android charging cables, adjust the temperature of the fan/aircon according to the riders preference. When trips are completed, Drivers must thank the riders for riding with Dryvar and let them know that we look forward to their continuous support.
Help keep one another safe
Everyone has a role to play in helping to create a safe environment. That’s why we have standards on account sharing, account holder age, and more.
Account sharing is not allowed. To use any DRYVAR app, you need to register and maintain an active account. Don’t let another person use your account, and never share your personal username and password with anyone else.
You must be 18 years or older to have a Dryvar account. This means that you must be at least 18 years old to be unaccompanied in a car. Adults can’t request a ride for someone under the age of 18 or allow children to ride alone they must be accompanied by an adult.
When driving with Dryvar, no one other than the requesting rider and the rider's guests are permitted in the vehicle. When riding with Dryvar, the account holder is responsible for the behaviour of their entire party. If you request a ride for another adult, you’re held responsible for their behaviour during their trip.
For an easy pickup, the Dryvar app gives riders and customers identifying information about drivers and their vehicles, including their license plate number, vehicle make and model, profile picture, and name. Inaccurate or outdated information creates confusion among riders and customers and can diminish their experience using the Dryvar app.
Drivers should take trips using only approved vehicles. To provide accurate information, let us know your vehicle information and any updates to your documentation that may become invalid, like a driver’s license that’s about to expire.
Seat belt use can be the most effective way to save lives and reduce injuries related to car crashes. Every driver and rider - including those in the back seat - should always buckle up. Riders should request a car that has enough seat belts for everyone in their party and not travel in large groups that exceed the number of seat belts in the car. Drivers can decline a ride if there are not enough seat belts for every passenger in their car.
Use of cameras or other video or audio recording devices
Drivers may choose to install and use video cameras, dash cams, or other recording devices to record rides or otherwise for the purpose of fulfilling transportation services. Local law or regulations require individuals using recording equipment in vehicles to fully disclose to riders that they are being recorded in or around a vehicle and obtain consent. Broadcasting a person’s image, audio, or video recording is not allowed.
Being out on the road means doing your part to help keep yourself and others safe. This means keeping your eyes on the road, being well rested, and watching for situations that may require quick action. We review rider and customer reports of potentially unsafe driving behaviour.
Proper maintenance and upkeep
Drivers are expected to maintain their cars with brakes, seat belts, and tyres in good operating condition. This means maintaining your car according to industry safety and maintenance standards.
Share the road
Safe roadways means practicing safe behaviour, which includes looking out for all travellers, regardless of how they get around.
Follow the law
We have standards based on applicable laws and regulations that everyone must follow. For example, using the Dryvar app to commit any crime such as transporting drugs, money laundering, committing drug or human trafficking, or sexually exploiting children or to violate any other law is strictly prohibited.
Drivers and riders should comply with applicable laws when traveling with infants and small children. When riding with small children, it’s the rider’s responsibility to provide a car seat. Children aged 12 and under should travel in the back seat.
Follow all laws
Everyone is responsible for knowing and obeying all applicable laws, including airport rules and regulations when at the airport, and the rules of the road—including speed and traffic laws, at all times when using the Dryvar app.
To maintain uninterrupted access to the Dryvar app, all relevant licensing and permitting requirements for drivers must be kept up to date. For example, all drivers using a vehicle are required by law to maintain a valid driver’s license, insurance, and vehicle registration. We review rider and customer reports of collisions or traffic citations that may have happened during a trip, and other reports that may indicate poor, unsafe, or distracted driving while using the Dryvar app. Local rules about parking may limit where you can park your vehicle when picking up orders, making deliveries, or waiting for riders to arrive. For example, stopping in bike lanes or blocking accessibility ramps may violate the law.
For riders and customers, let your driver or delivery partner handle the driving. For example, don’t touch the steering wheel, and don’t tamper with the gear shift or other knobs, buttons, or components that are used to operate a vehicle. Don't ask a driver to speed or to make illegal stops, drop offs, or maneuvers.
Following local rules of the road usually requires you to yield to pedestrians, ride in the direction of traffic, signal if you’re planning to change direction, and come to a complete stop at red lights and stop signs.
Damaging property is never allowed. Some examples include damaging the car, or other mode of transportation requested through the Dryvar app; breaking or vandalizing a phone or tablet; intentionally spilling food or drink; smoking in a car; or vomiting due to excessive alcohol consumption or otherwise. If the rider damages property, the rider will be responsible for the cost of cleaning and repair fees, outside of normal wear and tear.
Drugs and alcohol
Drug use and open containers of alcohol are never allowed while using the Dryvar app.
If you’re a driver, by law, you cannot drive while intoxicated. The law prohibits driving while under the influence of alcohol, drugs, or any other substance that impairs your ability to safely operate a vehicle. If you encounter a rider who is too drunk or rowdy, you have the right to decline the trip for your own safety.
If you’re a rider and you have reason to believe your driver may be under the influence of drugs or alcohol, ask the driver to end the trip immediately. Then exit the car and call 10111. After the driver has ended the trip, report your experience to Dryvar.
Riders and their guests, as well as drivers, are prohibited from carrying firearms of any kind while using the Dryvar app, to the extent permitted by applicable law.
Deception can weaken trust and also be dangerous. Intentionally falsifying information or assuming someone else’s identity, for example when signing in or undergoing a security check, isn’t allowed. It is important to provide accurate information when reporting incidents, creating and accessing your accounts, disputing charges or fees, and requesting credits. Only request fees or refunds that you’re entitled to, and use offers and promotions only as intended. Do not knowingly complete invalid transactions.
Fraudulent activity may also include, but not be limited to: deliberately increasing the time or distance of a trip or delivery for fraudulent purposes; accepting trip, order, or delivery requests without the intention to complete, including provoking riders to cancel for fraudulent purposes; creating dummy accounts for fraudulent purposes; claiming fraudulent fees or charges, like false cleaning fees; intentionally requesting, accepting, or completing fraudulent or falsified trips or deliveries; claiming to complete a delivery without ever picking up the delivery item; picking up a delivery item but retaining all or a portion of the item, and not delivering the entire order; abusing promotions and/or not using them for their intended purpose; disputing charges for fraudulent or illegitimate reasons; or creating improper duplicate accounts.
Your feedback matters
If something happens, whether it’s good or bad, we make it easy for you to tell us. Our team is continuously improving our standards, and your feedback is important to keep our standards relevant as our technology evolves. Please rate your experience at the end of each trip. Honest feedback helps ensure that everyone is accountable for their behaviour. This accountability helps create a respectful, safe environment. And if something happens such as a traffic accident you can tap “SOS” in the app or use the live chat feature so that our customer support team can assist you. In case of an emergency or if you find yourself in immediate danger, alert your local authorities or emergency services before notifying Dryvar.
If you’re a driver and you don’t want to accept trip requests, you can just log off. This helps keep the system running smoothly for everyone.
For drivers, if you consistently decline trip or order requests in a row, our system may assume you do not want to accept more trips or orders or have forgotten to log out, and you may be temporarily logged out.
Driver’s are required to:
●Remain online for a minimum of 9 hours per vehicle per day, failure to perform will lead to a penalty of R500 per day;
●Remain on the Dryvar platform for a minimum of 12 months, failure to perform will lead to a penalty of R5000;
●Ensure uniform is neat and clean and wear it with pride (eg. T- shirts and/or caps).
Driver’s are prohibited from:
●transporting call centre loads and school loads;
●playing vulgar and profane music;
●wearing slops, shorts and/or vests;
●removing and/or altering signage/branding on their vehicles, failure to comply will lead to a penalty of R1500.
How Dryvar enforces our guidelines
Dryvar receives feedback through a variety of channels, review reports submitted to our customer support team that may violate our Community Guidelines, and may investigate through a specialized team. If we are made aware of potentially problematic behaviour, we may contact you so we can look into it. We may, at our sole discretion, put a hold on your account or turn your account inactive until our review is complete.
Not following any of our guidelines may result in the loss of access to your Dryvar accounts. This may include certain actions you may take outside of the app, if we determine that those actions threaten the safety of the Dryvar community, or cause harm to Dryvar’s brand, reputation, or business. And if the issues raised are serious or a repeat report, or you refuse to cooperate, you may lose access to the Dryvar app. Any behaviour involving violence, sexual misconduct, harassment, discrimination, or illegal activity while using the Dryvar app can result in the immediate loss of access to theDryvar app
Lastly, all drivers wanting to use the Dryvar app undergo a screening process, including motor vehicle record and background checks. We provide in house clearance at a cost of R250 and in house inspection at a cost of R150. A driver will lose access to their Dryvar account(s) if a routine motor vehicle record or background check uncovers a violation of Dryvar’s Community Guidelines or other criteria required by local regulators.