Membership Agreement

This Agreement is a car-sharing subscription agreement between Locomute and the Member. Locomute offers vehicle sharing transportation services in South Africa. This Agree- ment governs the relationship, rights, and obligations be- tween Locomute and the Member for the use of Locomute Vehicles. This Agreement does not itself confer any right to use Locomute vehicles. By signing the agreement, the Mem- ber agrees to all of the terms and conditions of this Agree- ment before using a Locomute vehicle.

All members are required to accept and comply with the terms and conditions set forth herein. By accepting the terms and conditions of this Agreement and using Locomute ser- vices you accept and agree to comply with the terms and conditions of this Agreement, as may be amended from time to time, as provided herein.

If you have any questions regarding this contract, please contact us via email at share@locomute.co or by tele- phone at +27 12 1110654

Locomute reserves the right to amend the terms of this Con- tract from time to time. We will give notice of changes to Members in a timely manner. Unless we designate a different date for effectiveness, such changes will be effective when notice is given to Members and notice will be considered given when such notice is indicated and accessible from the Company website, Smartphone Application, email to the Member's address on file with Locomute. If a Member re- quests (via email to us at share@locomute.co ), we will email that Member a notice of the changes. You agree that the amended terms and conditions of this Agreement shall be effective and binding on you upon the effective date indicated in such notice or on such other the date as Locomute may designate in its notice.

MEMBERS DECLARATION

THE MEMBER DECLARES THAT THEY HAVE RECEIVED ALL EXPLANATIONS AS THEY MAY HAVE REASONABLY REQUESTED CONCERNING THE CONTENTS OF THIS AGREEMENT AND THAT THEY HAVE CAREFULLY RE- VIEWED AND UNDERSTOOD ALL OF THEIR COMMIT- MENTS AND OBLIGATIONS CONTAINED IN THIS AGREEMENT. THE MEMBER DECLARES THAT THEY UNDERSTAND THAT THIS AGREEMENT CONTAINS TERMS RELATED TO DAMAGES, LIABILITY, AND IN- DEMNIFICATION AND THAT THEY UNDERSTAND THAT THIS AGREEMENT MAY IMPACT THEIR RIGHTS AND RESPONSIBILITIES IN THE EVENT OF ANY DAMAGE TO LOCOMUTE VEHICLESOR THIRD PARTIES. BY APPLY- ING FOR MEMBERSHIP OR USING A LOCOMUTE VEHI- CLE, THE MEMBER AGREES AS FOLLOWS:

PART I - INTRODUCTION AND PRELIMINARY
  1. INTERPRETATION
    The headings of the clauses in this agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of these heads of agreement nor any clause hereof. Unless a contrary intention clearly appears -
    1. words importing - any one gender includes the other two genders: the singular include the plural and vice versa; and natural persons include created entities (corporate or unincorporated) and the state and vice versa;
    2. The following terms shall have the meanings assigned to them hereunder and cognate expressions shall have corresponding mean
    3. "Agreement" means this Agreement as amended or supplemented in writing from time to time. This Agreement and its Schedules, whether made available in print or electronically through Locomute's websites. The Schedules are an integral part of this Agreement;
    4. The Company means Locomute Registration number: 2015/123379/07 duly authorised in terms of the laws of the Republic of South Africa and it includes its licensees, sub licensees and agents;
    5. "Person" means and includes any individual, corporation, partnership, firm, joint venture, syndicate, association, trust, government, governmental agency or board or commission or authority, and other forms of entity or organization and any reference to a Person shall include and shall be deemed to be a reference to that Person's successor;
    6. "Member" means the party to this Agreement and approved by Locomute through an application process and issued a Membership Card;
    7. "Locomute Vehicle" (hereinafter Vehicle) means any motor vehicle registered to Locomute and used in connection with Locomute's car sharing business, including all hardware or within the agreed date and time at the end of the Trip period;
    8. "Rental of the vehicle" means the Company rents the vehicle to the Member, who hires the vehicle subject to the terms and conditions as set out herein. The Member will be bound by the terms and conditions whether he was driving the vehicle or not.
    9. "Membership Card" means the smartcard provided by Locomute to the Member;
    10. "Invoices" means a summary of all fees and other amounts for which a Member is responsible that relate to use of a Locomute vehicle or other amounts owing pursuant to this Service Agreement, which will be generated on a regular basis and which may be made available at website and on select affiliated websites;
    11. "Locopark" means the area delineated by Locomute pursuant to the Locopark Map for commencement and termination of a Trip Period;
    12. "Parking Rules" means the parking rules of Locomute as may be amended from time to time, identifying the locations within demarcated Locoparks' where a Locomute Vehicle may be parked;
    13. "Privacy Policy" means the Locomute privacy policy as may be amended from time to time, available at Locomute's website;
    14. "Locomute Website" means www.locomute.co and such other websites as may be specified by Locomute from time to time.
  2. ELIGIBILITY
    The Member has reviewed the Eligibility Requirements and represents and warrants that they are Eligible. The Member agrees to cooperate in providing Locomute with all information necessary to confirm their Eligibility.
    Locomute reserves the right to request additional information, such as a copy of a passport or proof of address, or any other relevant information, at any time.
    1. The Member acknowledges that Locomute may add additional requirements to the Eligibility Requirements at any time and that such additional requirements may disqualify the Member.
    2. "Rental of the vehicle" means the Company rents the vehicle to the Member, who hires the vehicle subject to the terms and conditions as set out herein. The Member will be bound by the terms and conditions whether he was driving the vehicle or not.
    3. "Schedules" means all the schedules, fees structure plans and policies referenced in or incorporated into this Agreement;1.2.4. “Application” means the Member's application for membership with Locomute;
    4. "Driver's License" means a valid driver's license with the appropriate code, that authorises the person to whom it is issued to operate a motor vehicle in the jurisdiction where he or she uses any Locomute vehicle;
    5. "Eligible" or "Eligibility" means a person who meets the Eligibility Requirements pursuant to the Schedule;
    6. "Member" or "you" means the person registered to pay all fees, charges and other costs associated with membership, including application fees, membership fees, driving charges and other costs or fees as indicated in the Rules and Schedules described below;
    7. "Associated Member" means any approved Member who is authorised by the First Member to use Locomute's service under the terms of this Contract. Additional driving record verification, application and/or membership fees may apply for Associate Members
    8. "Fees" means all fees, costs and charges applicable under this Agreement pursuant to the Rate Card;
    9. Claims administration fees means any administration fees charged in all instances where fees need to be charged in respect of any damages whatsoever, loss of or theft of the vehicle as reflected in the Rate Card;
    10. "Trip Period" means the span of time between a Vehicle Activation and Vehicle Deactivation;
    11. Rental overdue administration fee means the applicable amount charged to the members account in the event where criteria established from time to time by Locomute and/or its insurance providers. In addition, even if approved for membership, a Member may be restricted from driving Locomute vehicles based upon the Member's driving history and experience.
  3. FEES, PAYMENTS AND RESPONSIBILITIES
    RESPONSIBILITIES
    1. Locomute Vehicles may only be utilised for the trip period or any extended period;
    2. The Vehicle may only be driven by the Member or Associated Member;
    3. USE OF THE VEHICLE: During the trip period , the Vehicle may not be used;
      1. to propel or tow any other Vehicle (including any caravan or trailer unless authorised by the Company in writing);
      2. to transport goods in violation of any customs laws or in any other illegal manner;
      3. in any motor sport or similar high risk activity;
    4. Beyond the borders of South Africa unless authorised by the Company in writing; and in any area where there is or a risk or incidences of civil unrest, political disturbance or riot or any activity associated with the mentioned.
    5. The Member shall make adequate provision for the safety of the Vehicle including the safety and security of the Vehicle including but not limited to that, the Vehicle shall
      1. be kept properly locked;
      2. secured and immobilised; and
      3. any anti-theft device in the vehicle properly secured and in place when the vehicle is not in use.
    6. Ongoing Eligibility Requirements: Because driving a Locomute vehicle requires maintaining a good driving record, Locomute may from time to time, check Members' driving records and reserves the right, in its sole discretion, to suspend or terminate this Agreement. In addition, Locomute may at any time require Members to demonstrate compliance with the licensing laws of their jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in their jurisdiction
    7. Loss of Eligibility: If the Member's license is suspended or revoked or becomes invalid, if the Member has any further edorsements or accidents on their driving record, or if the Member is convicted of or receives a citation for driving under the influence of alcohol or drugs, danger ous or reckless driving, or exceeding the relevant speed limit, the Member agrees to report such suspension, revocation, changes, conviction, or citation to Loco mute promptly. Failure to notify Locomute of any such events may lead to the Member being terminated of this Agreement.
    8. Be at least 18 years of age;
    9. Hold a valid driver's license that authorises the Member to drive in the jurisdictions in which the Member will drive Locomute vehicles and have a driving history that meets Locomute's current eligibility requirements; and
    10. Accurately, truthfully and fully complete the application process with Locomute and deliver all information and documents requested in the application or otherwise.
    11. Satisfying the forgoing criteria does not automatically give an applicant the right to become a Locomute Member. Acceptance of the applicant's membership is subject to approval by Locomute in its sole discretion and, without limiting the forgoing membership may be denied based upon additional
    12. without limitation, application fees, driving record/insurance verification fees, membership fees (which are automatically charged when due).
    13. Upon Vehicle Deactivation, the Member shall be invoiced via email, and a copy of the Invoice shall be added to the Member's Account Page. The Member acknowledges receipt of notice of all Fees upon the issue of an Invoice.
    14. Payments shall be made by Visa, MasterCard, debit order or such other method as Locomute may authorise in its sole discretion from time to time. The Member hereby authorises Locomute including its employees, agents, or any assignees, to charge the Member using the payment information supplied by the Member to Locomute. Such payment method provided by the Member shall have sufficient funds available to cover all Fees incurred by the Member. The Member is solely responsible for any associated credit card charges or fees. The Member hereby authorises Locomute to reserve credit with, or obtain an authorisation from, the Member's payment card issuer within 24 hours of the commencement of a Trip Period. In the event a payment card charge is declined by the Member's payment card issuer (either for advanced authorisation or incurred charges), Locomute may suspend or terminate the use of Locomute vehicles by the Member. The termination of a member's membership does not absolve the member from the payment due to Locomute.
  4. EXCESS WAIVER INSURANCE
    Members have the option to purchase excess insurance, at a monthly premium, subject to change annually, to protect against any excess charges that may be incurred should the hired vehicle become damaged or stolen.* Member is responsible for any and all damage that occurs to a Locomute vehicle while in the Member's possession or control (including the entire time the vehicle
    1. The Member will make sure that the keys of the Vehicle are in his possession at all times;
    2. The Company will at all times remain the owner of the Vehicle;
    3. If the Member takes the Vehicle to any Locopark/parking location of the Company; the Member shall;
    4. Park the Vehicle in the Company's reserved Locopark/Parking location;
    5. Ensure that the Vehicle is properly locked and secured; and
    6. The Vehicle and all risk relating to the Vehicle will remain the responsibility of the Member until the Company has recorded the return of the Vehicle.
    7. The Member promises to pay Locomute for all applicable driving/insurance verifications, application and membership fees associated with the Member's driving/membership plan. Driving record/insurance verification and application fees (if applicable) are not refundable, regardless of whether or not the application is accepted by Locomute or a Member's membership terminates and new verification/application fees may be payable if a new membership application is resubmitted more than thirty (30) days after a Member's account with Locomute is closed. If your driving/membership plan includes an annual or monthly fee, your initial membership fee will be charged to you within five days of membership approval, regardless of whether you activate your Locomute Membership Card, and will only be refundable if you terminate your membership within the first thirty (30) days following membership approval. Certain restrictions apply if at any time you wish to cancel your Locomute membership.
    8. All fees for using a Locomute vehicle begin to accrue upon the commencement of the Trip Period and are payable in full at the end of the Trip Period. The Member is required to pay all fees and costs incurred (including fees and costs incurred by the Associate Members) when due, including,
  5. LIMITATIONS OF LIABILITY
    Without limiting the forgoing, Locomute shall have no liability for any loss of, or damage to any goods in or on the vehicle or in or on any third party vehicle, any loss, damage, injury or death in relation to any Member or any third party arising from the use of a Locomute vehicle, loss or damage incurred by the Member as a result of any claims made by a third party, or loss of damage incurred by the Member arising from or in relation to either i) the reservation, non-availability, supply, operation or use of Locomute vehicle or ii) any vehicle accessories, whether supplied by Locomute or by a Member (for example luggage racks, bicycle racks, baby seats and the like; the Member is responsible for the safe installation of such accessories and must check the condition of such accessories before each use), unless in each case such loss or damage is incurred due to our negligence or failure to carry out our responsibility.
    1. TERMINATION BY MEMBER: The Member may terminate this Agreement at any time by returning their membership Card, paying all outstanding Fees, and returning all other Locomute property in the Member's possession or control.
    2. LOSS OF INSURANCE COVER: In the event that any loss or damage occurs during a Trip Period and insurance coverage is lost or otherwise does not apply due to the actions or conduct of the Member, then the Member is responsible for the full cost of any such loss or damage.
    3. PRESUMPTION: Where damage to a Locomute vehicle is reported or otherwise recorded by Locomute, the last person (meaning other members) to use the Locomute vehicle shall be presumed to have caused and shall be liable to Locomute or the damage absent evidence to the contrary, as may be determined its sole discretion. The Member agrees that in the event that damage is reported by a person using a Locomute vehicle after the Member, the Member is responsible for such reported damage.
    4. REPORT OF DAMAGE: The Member shall promptly report to Locomute all collisions, accidents, defects, or damage to the vehicle resulting from force or accident in the manner specified in this Agreement, together with a report to police as required.
  6. LIMITATION OF LOCOMUTE'S LIABILITY
    1. Notwithstanding anything to the contrary expressed or implied in this Agreement, Locomute shall not be liable to the Member for any general, indirect, or consequential damages or any economic losses of any kind, regardless of whether the liability to which such damages relate arises in contract, tort, or otherwise in law, for any injury, loss, or damage sustained by the Member (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees) arising from this Agreement or the Member's use of a Locomute vehicle.
  7. INDEMINITY OF LOCOMUTE
    The Member shall indemnify and hold harmless Locomute (including its affiliates, subsidiaries, associated companies, successors, and assigns and each of their respective officers, directors, agents, and employees severally and collectively) from any and all losses, claims, demands, loss of revenue, profit, goodwill, business opportunity or anticipated savings, liabilities, damages, lawyer and his own client basis), suffered or incurred by or brought against any or all of them, including by Locomute or its officers, directors, agents, employees, or subcontractors in relation to this Agreement or the Member's use of Locomute's vehicles.