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Effective Date: 1 January 2026
Version: 2026.1
QikTruck (Pty) Ltd (Registration No: [________])
("QikTruck" or the "Platform Operator")
AND
The individual or entity accepting this Agreement by electronic acceptance or signature
("Driver" or "You")
WHEREAS:
A. QikTruck operates an online technology platform ("Platform") that facilitates Booking requests between Customers seeking transport, delivery, courier, or removal services ("Transport Services") and independent transport providers who offer such services.
B. QikTruck acts solely as a technology intermediary and collection agent for Drivers and does not contract for transport, does not assume custody of goods, and does not guarantee completion of any Booking.
C. The Driver wishes to make transport services available to Customers through the Platform as a principal in respect of carriage performance, and not as an employee, agent, or representative of QikTruck.
D. The contract of carriage for each Booking is formed directly between the Customer and the Driver. QikTruck is not a party to any contract of carriage.
E. QikTruck does not provide Transport Services. QikTruck's role is limited to operating the Platform, facilitating payment collection on the Driver's behalf, and providing certain administrative and support services.
In this Agreement, unless the context indicates otherwise:
| Term | Definition |
|---|---|
| Booking | A confirmed request for Transport Services placed by a Customer via the Platform and accepted by the Driver. |
| CPA | The Consumer Protection Act 68 of 2008. |
| Customer | A person or entity that requests, books, or receives Transport Services through the Platform. |
| Driver Earnings | The Transport Service Fee less the Platform Fee and any applicable deductions, offsets, or withholdings. |
| Driver Account | The Driver's registered account on the Platform. |
| Fees | All amounts payable for or in connection with Transport Services, including the Transport Service Fee and Platform Fee. |
| Platform | The QikTruck website, mobile applications, and related technology services. |
| Platform Fee | The service fee charged by QikTruck for facilitating Bookings and collecting payments, as displayed on the Platform. |
| POPIA | The Protection of Personal Information Act 4 of 2013. |
| Prohibited Goods | Goods prohibited from transport under this Agreement and the Platform Terms, including illegal items, hazardous materials, and items listed in Schedule A. |
| Transport Service | Transport, delivery, collection, courier, removal, or related logistics services performed by the Driver for a Customer. |
| Transport Service Fee | The amount payable by a Customer for Transport Services as quoted or agreed via the Platform. |
1.2.1 Headings are for reference only and do not affect interpretation.
1.2.2 References to statutes include amendments and successor legislation.
1.2.3 Words importing one gender include other genders; singular includes plural and vice versa.
1.2.4 "Include" and "including" are not words of limitation.
2.1.1 QikTruck operates a technology marketplace that facilitates Booking requests between Customers and Drivers. QikTruck does not provide Transport Services and is not a carrier.
2.1.2 The Driver acknowledges and agrees that:
2.2.1 A confirmed Booking creates a contract for the Transport Service directly between the Customer and the Driver. QikTruck is not a party to this contract of carriage.
2.2.2 The Driver is the principal in respect of carriage performance. The Driver contracts directly with the Customer for the Transport Service.
2.2.3 The Driver bears all responsibility for:
2.3.1 QikTruck never takes possession, custody, or control of any cargo transported under a Booking. QikTruck is not a bailee in respect of any goods.
2.3.2 At all times, custody and control of goods remain with the Customer and the Driver, as between themselves.
2.3.3 QikTruck does not assume any risk in relation to loss of, or damage to, goods transported under any Booking.
2.3.4 Risk of loss or damage to goods remains with the Customer and the Driver as between themselves, and not with QikTruck.
2.4.1 The Driver is an independent contractor and not an employee, agent, partner, joint venturer, or representative of QikTruck.
2.4.2 Nothing in this Agreement creates an employment relationship, agency, partnership, or joint venture.
2.4.3 The Driver has no authority to:
2.4.4 The Driver must not represent to any third party that the Driver is an employee, agent, or representative of QikTruck, or that QikTruck is responsible for the Transport Service.
3.1.1 This Agreement is non-exclusive. The Driver is free to provide transport services through other platforms, directly to customers, or through any other lawful means.
3.1.2 The Driver may operate on competing platforms simultaneously.
3.2.1 The Driver has complete freedom to:
3.2.2 QikTruck does not require:
3.3.1 The Driver may decline any Booking request for any lawful reason without penalty, subject to not engaging in unlawful discrimination.
3.3.2 However, patterns of excessive cancellations after acceptance may be considered under the Platform's quality and reliability standards.
4.1.1 The Driver is solely responsible for performing the Transport Service to Customers.
4.1.2 The Driver bears all performance, safety, and statutory obligations relating to the Transport Service.
4.1.3 The Driver warrants that they have the legal capacity, skills, equipment, and insurance necessary to perform Transport Services.
4.2.1 The Driver and the Customer determine the execution of the Transport Service, including route selection, loading, securing, and unloading of goods.
4.2.2 QikTruck does not direct or control how the Driver performs Transport Services.
4.2.3 The Driver is responsible for selecting the route and method of performing the Transport Service, subject to lawful and safe operation.
The Driver must:
The Driver must:
The Driver must:
4.6.1 The Driver may not transfer a Booking to another driver or vehicle without prior approval through the Platform.
4.6.2 If the Driver uses helpers, the Driver remains fully responsible for their conduct and compliance.
5.1.1 The Driver is responsible for addressing any claims by Customers relating to:
5.1.2 QikTruck may pass through Customer complaints, disputes, and chargebacks to the Driver.
5.1.3 The Driver must cooperate with QikTruck in handling any Customer complaint or claim, including providing information, documentation, and responses within reasonable timeframes.
5.2.1 Any claim for non-performance, delay, damage, or loss relating to the Transport Service is a claim against the Driver, not QikTruck.
5.2.2 QikTruck is not jointly or severally liable with the Driver for the performance of the Transport Service.
5.2.3 QikTruck may facilitate communication, refunds, or dispute handling between Customers and Drivers, but this does not make QikTruck liable for the Driver's acts or omissions.
5.3.1 Customers may pursue claims directly against the Driver under contract law or the CPA for losses arising from the Driver's non-performance.
5.3.2 The Driver acknowledges that Customers retain all rights under the CPA to pursue remedies against the Driver.
6.1.1 If QikTruck refunds a Customer for any reason related to the Driver's performance, non-performance, or conduct, QikTruck is entitled to recover the full amount of such refund from the Driver.
6.1.2 This includes refunds for:
6.2.1 If QikTruck receives a chargeback from a payment provider or bank relating to a Booking performed by the Driver, and the chargeback is not due to QikTruck's fault, QikTruck may recover the chargeback amount from the Driver.
6.2.2 QikTruck will provide reasonable notice and details of chargebacks where practicable.
6.3.1 QikTruck may set off or deduct from amounts otherwise payable to the Driver any:
6.4.1 QikTruck may suspend or hold Driver Earnings withdrawals for Bookings that are:
6.4.2 QikTruck will release held amounts within a reasonable time once the dispute or investigation is resolved, less any amounts properly deducted.
7.1.1 The Driver must maintain at all times:
7.2.1 The Driver is strongly encouraged to maintain goods-in-transit (GIT) insurance covering loss of or damage to goods during transport.
7.2.2 Where GIT insurance is a requirement for certain Booking types (as indicated on the Platform), the Driver may only accept such Bookings if adequate GIT insurance is in place.
7.2.3 The Driver is responsible for understanding and complying with the terms, conditions, and exclusions of any GIT policy.
7.3.1 The Driver must immediately disclose to QikTruck any:
7.4.1 Failure to maintain required insurance constitutes a material breach of this Agreement and grounds for:
7.5.1 QikTruck may request evidence of insurance at any time, and the Driver must provide copies of policies or certificates within 5 business days of request.
7.5.2 Failure to provide evidence when requested may result in suspension.
8.1.1 The Driver must cooperate fully and promptly with QikTruck, Customers, and insurers in relation to any incident, claim, complaint, or investigation.
8.2.1 The Driver must provide, on request and without delay:
8.3.1 The Driver must take reasonable steps to mitigate losses after an incident, including securing goods, contacting emergency services where necessary, and notifying relevant parties promptly.
9.1.1 The Driver indemnifies and holds harmless QikTruck, its directors, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, costs, and expenses (including legal costs) arising from or in connection with:
9.2.1 The Driver indemnifies QikTruck against any CPA performance claims made by Customers, including claims for:
9.3.1 The Driver indemnifies QikTruck against any claims or losses arising from delay in performing the Transport Service, including Customer claims for consequential losses.
9.4.1 The Driver indemnifies QikTruck against any claims for damage to or loss of goods during loading, transport, unloading, or at any time the goods are in the Driver's care, custody, or control.
9.5.1 The Driver indemnifies QikTruck against any claims arising from the Driver's transport of goods that were misdeclared, mislabelled, or misrepresented by the Customer, where the Driver:
9.6.1 The Driver indemnifies QikTruck against any claims, penalties, fines, or losses arising from the Driver's transport of unlawful, prohibited, or illegal goods, including where the Driver:
9.7.1 If QikTruck or any insurer suffers a loss due to the Driver's conduct and the insurer exercises subrogation rights against QikTruck, the Driver indemnifies QikTruck for any such subrogated claim.
9.7.2 The Driver must cooperate with insurers and their representatives in connection with any subrogation claim.
10.1.1 The Driver hereby appoints QikTruck as collection agent for the purpose of:
10.1.2 QikTruck acts as collection agent and not as principal supplier of the Transport Service.
10.1.3 Payment received by QikTruck from a Customer constitutes payment to the Driver, and the Customer's payment obligation to the Driver is discharged upon payment to QikTruck.
10.2.1 QikTruck is authorised to issue tax invoices and receipts on the Driver's behalf for Transport Services.
10.2.2 Such invoices are issued in QikTruck's capacity as collection agent and not as supplier of the Transport Service.
10.2.3 The Driver remains responsible for compliance with tax and invoicing requirements under applicable law.
10.3.1 QikTruck will deduct the Platform Fee from amounts collected before disbursement to the Driver.
10.3.2 The Platform Fee percentage or amount will be displayed on the Platform and may be updated from time to time with reasonable notice.
10.4.1 Driver Earnings will be disbursed in accordance with the payment schedule and methods displayed on the Platform.
10.4.2 Disbursement is subject to:
10.5.1 If the Driver is or becomes registered for VAT, the Driver must notify QikTruck immediately and provide a valid VAT registration number.
10.5.2 QikTruck will adjust invoicing and tax documentation to reflect VAT-compliant treatment upon notification.
10.5.3 The Driver is responsible for accounting for and paying any VAT due on the Driver's supplies.
10.6.1 QikTruck may withhold, set off, or deduct from Driver Earnings any amounts relating to:
11.1.1 QikTruck may suspend the Driver's access to the Platform, without terminating this Agreement, for any of the following reasons:
11.2.1 During suspension:
11.3.1 QikTruck may, in its discretion, reinstate the Driver upon resolution of the suspension grounds and completion of any required remediation.
11.3.2 QikTruck is not obligated to reinstate any suspended Driver.
12.1.1 Subject to compliance with this Agreement, QikTruck grants the Driver a limited, non-exclusive, revocable licence to use QikTruck branding materials (if provided) solely for the purpose of identifying the Driver's participation on the Platform.
12.2.1 No proprietary rights in QikTruck's intellectual property, trademarks, or branding are granted or transferred to the Driver under this Agreement.
12.2.2 The Driver acquires no ownership rights in QikTruck's name, logo, or branding.
12.3.1 The Driver must not:
12.4.1 QikTruck may require immediate removal of all QikTruck branding from the Driver's vehicle or materials at any time, including upon suspension or termination.
12.4.2 Upon termination or suspension, the Driver must remove all QikTruck branding within 24 hours.
13.1.1 The parties agree to first attempt to resolve any dispute informally through good faith discussions.
13.2.1 If a dispute is not resolved informally within 14 days, either party may refer the dispute to mediation.
13.2.2 Mediation does not prevent either party from proceeding to arbitration if mediation is unsuccessful.
13.3.1 Subject to Section 13.5, any dispute arising from or in connection with this Agreement that is not resolved informally or through mediation will be finally resolved by arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) in Johannesburg, in accordance with the AFSA rules.
13.3.2 The arbitration will be conducted by a single arbitrator appointed by AFSA.
13.3.3 The arbitration will be conducted in English.
13.3.4 The arbitrator's decision will be final and binding.
13.4.1 To the extent permitted by law, any dispute, claim, or proceeding against QikTruck must be brought by the Driver in an individual capacity only and not as part of any:
13.4.2 The Driver waives any right to participate in class or collective proceedings against QikTruck, to the extent such waiver is permitted by law.
13.5.1 Nothing in this Section 13 prevents either party from referring a complaint or dispute to any applicable regulatory body, tribunal, ombud, or court where such referral is permitted under the CPA or other mandatory consumer protection legislation.
13.5.2 The arbitration provisions in this Section apply to commercial disputes between QikTruck and the Driver in the Driver's capacity as an independent contractor and service provider.
14.1.1 The Driver may terminate this Agreement at any time by providing 7 days' written notice to QikTruck.
14.2.1 QikTruck may terminate this Agreement:
14.3.1 Upon termination:
15.1.1 QikTruck may deduct or recover from the Driver amounts relating to chargebacks, refunds, or claims received for a period of 180 days after termination, relating to Bookings performed while this Agreement was in effect.
15.1.2 The Driver remains liable for such amounts even after termination.
15.2.1 QikTruck may withhold final disbursement of Driver Earnings for a period of up to 60 days after termination to allow for:
15.2.2 After the withholding period, QikTruck will disburse remaining Driver Earnings less any amounts properly deducted.
15.3.1 The Driver's obligations to cooperate with claims and investigations (per Section 8) continue after termination for any incidents that occurred while this Agreement was in effect.
15.3.2 The Driver must cooperate with subrogation claims and insurer inquiries relating to pre-termination incidents.
16.1.1 This Agreement, together with the Platform Terms and Conditions, constitutes the entire agreement between the parties regarding its subject matter.
16.2.1 QikTruck may amend this Agreement from time to time by providing notice through the Platform or by email. Continued use of the Platform after the effective date constitutes acceptance of amendments.
16.3.1 If any provision is found to be invalid or unenforceable, the remaining provisions continue in full force.
16.4.1 Failure to enforce any right or provision does not constitute a waiver of that right or provision.
16.5.1 The Driver may not assign or transfer this Agreement without QikTruck's prior written consent.
16.5.2 QikTruck may assign this Agreement to any successor or affiliate.
16.6.1 This Agreement is governed by the laws of the Republic of South Africa.
16.7.1 Notices under this Agreement may be given by email to the addresses registered on the Platform or as otherwise specified.
By accepting this Agreement, the Driver acknowledges, agrees, and warrants that:
The following goods are Prohibited Goods and may not be transported through the Platform:
This Agreement may be accepted electronically through the Platform or by signature below.
Driver Signature: _________________________
Driver Full Name: _________________________
ID Number: _________________________
Date: _________________________
Driver Email: _________________________
Driver Phone: _________________________
For QikTruck (Pty) Ltd
Authorised Signatory: _________________________
Name: _________________________
Title: _________________________
Date: _________________________
This Agreement is effective from the date of acceptance and continues until terminated in accordance with its terms.
If you have questions about this Agreement, contact us: