Parties:

• AGROWEX (Pty) Ltd (hereinafter referred to as "AGROWEX"), a company duly registered in South Africa, with its principal place of business at [Insert AGROWEX Address].
• [Driver Name/Entity Name] (hereinafter referred to as the "Driver"), with their principal place of business/residential address at [Driver Address will be needed and operating under [Vehicle Registration Number(s) will be needed.

WHEREAS:

• AGROWEX operates a digital platform, the AGROWEX Driver's App, to facilitate the transportation and delivery of agricultural produce orders on AGROWEX-HUB platform.
• The Driver possesses the necessary skills, licenses, and vehicle(s) to provide delivery services.
• AGROWEX desires to engage the Driver to provide delivery services via the AGROWEX Driver's App, subject to the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the Parties agree as follows:

1. Definitions:

• App: Refers to the AGROWEX Driver's digital application accessible on various devices.
• Delivery Services: The transportation and delivery of agricultural produce from designated pick-up locations (e.g., farms, Fresh Hub or aggregation points) to designated drop-off locations (e.g., offtaker sites, processing facilities).
• Delivery Request: A notification generated through the App detailing a specific delivery assignment, including pick-up location, drop-off location, type and quantity of Produce, delivery schedule, and any special instructions.
• Service Fee (Driver): The compensation payable to the Driver for completed Delivery Services, as outlined in Schedule A.
• Trip: A single instance of providing Delivery Services for a specific Delivery Request.
• Produce: The agricultural goods being transported and delivered.
• Offtaker: The entity or individual receiving the delivered Produce.
• Participant (Farmer): The agricultural producer from whom the Produce is being picked up.
• Delivery Tracking Data: Information generated by the App regarding the Driver's location, route, and the status of the delivery.

2. Access to the AGROWEX Driver's App:

• 2.1 Grant of Access: Subject to the Driver's compliance with this Agreement and the AGROWEX Driver's App's terms of use, AGROWEX grants the Driver a non-exclusive, non-transferable right to access and use the App for the purpose of receiving and fulfilling Delivery Requests.
• 2.2 Account Creation: The Driver shall be responsible for creating and maintaining the security of their account on the App. The Driver warrants that all information provided during account creation, including vehicle and licensing details, is accurate and up-to-date. The Driver shall promptly notify AGROWEX of any changes to this information.
• 2.3 App Functionality: The Driver acknowledges that the functionality of the App may be updated or modified by AGROWEX from time to time. The Driver is responsible for ensuring they have the necessary device and internet connectivity to use the App effectively.

3. Provision of Delivery Services:

• 3.1 Acceptance of Delivery Requests: The Driver has the discretion to accept or decline Delivery Requests made available to them through the App, subject to any specific agreements or service level expectations communicated by AGROWEX.
• 3.2 Performance of Delivery Services: Upon accepting a Delivery Request, the Driver shall:
  • Use commercially reasonable efforts to collect the Produce from the designated pick-up location at the scheduled time.
  • Ensure the Produce is loaded and transported safely and securely, taking all necessary precautions to prevent damage or loss.
  • Adhere to all applicable traffic laws and regulations.
  • Deliver the Produce to the designated drop-off location at the scheduled time and to the designated Offtaker representative.
  • Obtain necessary confirmation of delivery (e.g., digital signature, acknowledgement on the App).
  • Provide accurate and timely updates on the delivery status through the App as required.
• 3.3 Vehicle and Equipment: The Driver shall be solely responsible for providing and maintaining a suitable vehicle(s) in safe and roadworthy condition, equipped to handle the type and quantity of Produce being transported. The Driver shall also be responsible for all operating costs of the vehicle, including fuel, maintenance, insurance, and tolls.
• 3.4 Compliance with Laws: The Driver warrants that they possess all necessary licenses, permits, and insurance required to operate their vehicle(s) and provide Delivery Services in accordance with applicable laws and regulations. The Driver shall maintain these credentials in good standing throughout the term of this Agreement and provide AGROWEX with copies upon request.
• 3.5 Professional Conduct: The Driver shall conduct themselves in a professional and courteous manner when interacting with Participants, Offtakers, AGROWEX representatives, and the public.

4. Service Fees and Payment:

• 4.1 Service Fee Structure: The Driver shall be compensated for completed Delivery Services based on the fee structure outlined in Schedule A. This structure may include factors such as distance travelled, type and quantity of Produce, and any applicable surcharges or bonuses.
• 4.2 Tracking and Calculation: The App will automatically track the relevant data for each Trip (e.g., distance, time) to calculate the applicable Service Fee based on the structure in Schedule A. Delivery Tracking Data generated by the App shall be used as the primary basis for calculating the Service Fee.
• 4.3 Payment Schedule: AGROWEX shall make payments to the Driver on a weekly basis for completed and verified Delivery Services. Payments will be made via direct bank transfer to the bank account details provided by the Driver on signup.
• 4.4 Deductions: AGROWEX deducts any applicable taxes or other legally required deductions from the Service Fees payable to the Driver.
• 4.5 Disputes: Any discrepancies or disputes regarding the calculated Service Fees must be reported by the Driver to AGROWEX Support within 24 hours of the payment date. AGROWEX will investigate and resolve such disputes in a fair and timely manner.

5. Relationship of the Parties:

• 5.1 Independent Contractor: The Parties acknowledge and agree that the Driver is an independent contractor providing services to AGROWEX. Nothing in this Agreement shall be construed as creating an employment relationship, partnership, joint venture, or agency relationship between the Parties.
• 5.2 Control and Direction: The Driver shall have sole control over the manner and means by which they perform the Delivery Services, including the choice of routes, operating hours, and personnel (if any). AGROWEX's role is limited to providing the App as a platform to connect delivery opportunities with Drivers.
• 5.3 No Exclusivity: This Agreement does not create an exclusive arrangement. The Driver is free to provide delivery services to other parties, and AGROWEX is free to engage other drivers.

6. Representations and Warranties:

The Driver represents and warrants to AGROWEX that:

• They possess the necessary skills, qualifications, licenses, permits, and insurance to provide the Delivery Services in a safe and professional manner.
• Their vehicle(s) are legally registered, insured, and maintained in safe and roadworthy condition.
• They will comply with all applicable laws, regulations, and traffic laws while performing Delivery Services.
• All information provided by the Driver to AGROWEX is accurate, complete, and not misleading.
• They will use the App in accordance with its terms of use and will not engage in any fraudulent or illegal activities through the App.

7. Indemnification:

The Driver agrees to indemnify, defend, and hold harmless AGROWEX, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• The Driver's performance of the Delivery Services, including any accidents, injuries, or damages caused by the Driver or their vehicle(s).
• The Driver's breach of any provision of this Agreement.
• The Driver's violation of any applicable laws or regulations.
• Any claims made by third parties relating to the Driver's provision of Delivery Services.

8. Limitation of Liability:

To the maximum extent permitted by applicable law, AGROWEX shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of profits, data, use, goodwill, or other economic advantage) arising out of or relating to this Agreement or the Driver's use of the App, even if AGROWEX has been advised of the possibility of such damages. AGROWEX's total liability to the Driver for any claim arising out of or relating to this Agreement shall not exceed the total amount of Service Fees paid by AGROWEX to the Driver in the [Specify Period, e.g., three (3) months] immediately preceding the date the claim arose.

9. Term and Termination:

• 9.1 Term: This Agreement shall commence on the date of the Driver's registration and acceptance on the AGROWEX Driver's App and shall continue until terminated in accordance with the terms herein.
• 9.2 Termination by Driver: The Driver may terminate this Agreement at any time by notifying within 7 days in written notice to AGROWEX or by closing their account on the App.
• 9.3 Termination by AGROWEX: AGROWEX may terminate or suspend the Driver's access to the App and this Agreement at any time, with or without cause, upon written notice (which may be provided electronically through the App or via email). Reasons for termination by AGROWEX may include, but are not limited to, breach of this Agreement, violation of the App's terms of use, safety concerns, poor performance, or complaints from Participants or Offtaker.
• 9.4 Effect of Termination: Upon termination of this Agreement, the Driver's right to access and use the App shall immediately cease. Any outstanding payment obligations of AGROWEX to the Driver for completed Delivery Services prior to termination shall be fulfilled.

10. Intellectual Property:

• 10.1 AGROWEX IP: The AGROWEX Driver's App and all content, features, and functionality thereof, including but not limited to logos, trademarks, and software, are the sole and exclusive property of AGROWEX and are protected by applicable intellectual property laws. The Driver is granted a limited, revocable license to use the App solely for the purpose of providing Delivery Services under this Agreement.
• 10.2 Driver Data: Data generated by the Driver's use of the App (e.g., location data, delivery status) may be collected and used by AGROWEX for operational purposes, including but not limited to tracking deliveries, calculating fees, improving the App, and ensuring safety and compliance.

11. Confidentiality:

The Driver agrees to maintain the confidentiality of any proprietary or confidential information disclosed by AGROWEX during the term of this Agreement, including but not limited to Delivery Requests, Offtaker information, and AGROWEX's business operations.

12. Governing Law and Jurisdiction:

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.

13. Entire Agreement:

This Agreement, including Schedule A, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

14. Amendments:

AGROWEX reserves the right to amend this Agreement at any time by posting the revised terms on the App or by providing notice to the Driver. The Driver's continued use of the App after the posting of revised terms or receipt of notice shall constitute their acceptance of the amended Agreement.

15. Notices:

Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by registered mail, or sent by email to the addresses of the Parties as set forth above (or as subsequently updated by notice).

16. Force Majeure:

Neither Party shall be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by a Force Majeure event (e.g., acts of God, war, civil unrest, natural disasters, strikes, government regulations).

17. Assignment:

The Driver shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of AGROWEX. AGROWEX may assign or transfer its rights and obligations under this Agreement without the Driver's consent.

18. Severability:

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Delivery Driver Service Agreement as of the date first written above.

Contact us

If you have any questions about our privacy practices, would like to exercise your rights regarding your personal information, or have any complaints, please contact us by: Email: returns@agrowex-hub.com

AGROWEX APP

[Re: Privacy Compliance Officer]

Physical Mail: AGROWEX-HUB Re: Procurement Manager AGROWEX INDUSTRIES (PTY) LTD, Office 16, Blueberry Shopping Centre, Blueberry St, Honeydew,

By using the AGROWEX-HUB app, you agree to this Privacy Policy. We are committed to addressing your concerns and ensuring the privacy and security of your personal information.