These General Terms set forth the main terms and conditions applying to and governing the usage of the Truckers Services. In order to provide Cargo Delivery Services via the Truckers Platform, you must agree to the terms and conditions that are set forth below.
1.1. Truckers (also referred to as "we", "our", or "us") – Odyces Pty Ltd is a private limited company incorporated and registered under the laws of South Africa with registration code 2021/845213/07, registered office Hampton Office Park, 20 Georgian Crescent, Bryanston Bridgeport House, South Africa, but also Truckers group companies and partners. Truckers group shall mean (a) companies in which Odyces Pty Ltd exercises control (for example, subsidiaries of Odyces Pty Ltd). Truckers partners shall mean local representatives, affiliates, agents, etc., appointed by Odyces Pty Ltd.
1.2. Truckers Services – services that Truckers provides, including provision and maintenance of the Truckers App, Truckers Platform, In-app Payment, customer support, communication between the Driver and the User, and other similar services.
1.3. Truckers App – a smartphone application for Drivers and Users to request and provide Cargo Delivery Services.
1.4. Truckers Platform – technology connecting Users with Drivers to facilitate efficient cargo delivery and logistics services.
1.5. User – an entity requesting Cargo Delivery Services by using the Truckers Platform.
1.6. Driver (also referred to as "you") – the person providing Cargo Delivery Services via the Truckers Platform. Each Driver will get a personal Truckers Driver Account to use the Truckers App and Truckers Platform.
1.7. Agreement – this agreement between Driver and Truckers regarding the use of Truckers Services, which consists of:
1.8. Fee – the fee a User is obliged to pay the Driver for the provision of the Cargo Delivery Services.
1.9. Truckers Fee – the fee that the Driver is obliged to pay to Truckers for using the Truckers Platform.
1.10. In-app Payment – cards, carrier billing, and other payment methods used by the User via the Truckers App to pay for the Cargo Delivery Services.
1.11. Truckers Driver Account – access to a website containing information and documents regarding the usage of the Truckers Services in the course of providing Cargo Delivery Services, including accounting documentation. The Driver may access the Truckers Driver Account at http://partners.truckers.am by entering a username and password.
1.12. Tip – a gratuity offered by the User at their sole discretion in addition to the Fee paid.
1.13. Cargo Delivery Services – delivery service a Driver is providing to a User whose request the Driver has accepted through the Truckers App.
2.1. Prior to using the Truckers Services, you must sign up by providing the requested information in the signup application on the website and uploading the necessary documentation as required by us. You may sign up either as a legal or a natural person. Upon successful completion of the signup application, we will provide you with a personal account accessible via a username and password. By clicking the "Sign up" button located at the end of the signup application, you represent and warrant that:
2.2. You are obliged to provide your bank requisites in the course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. We are transferring In-app Payment fees to the bank account that you have provided. We are not liable for any incorrect money transactions in case you have provided wrong bank requisites.
2.3. After submitting the signup application, you will receive an e-mail with additional conditions that must be met in order to use Truckers Services. These conditions may include providing criminal records, a valid driver's license, satisfactory technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device, and other conditions as described in the pertinent e-mail.
2.4. You agree that in specific cities or countries, Odyces Pty Ltd may assign any of our obligations arising from the General Terms or Agreement to Truckers group companies and partners.
2.5. Registering the account as a legal person (i.e., a company). You are considered to be a legal person if the recipient of the fees is marked as a legal person in payment details (as accessible in the Truckers Driver Account). THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE CARGO DELIVERY SERVICES UNDER THE TRUCKERS ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE GENERAL TERMS AND AGREEMENT CONDUCTED BY THE DRIVER.
2.6. Registering Truckers Driver Account as a fleet company. Upon concluding a separate agreement, a fleet company may itself register accounts for its employees and/or service providers. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement conducted by such employee and/or service provider.
3.1. License to use the Truckers App and the Truckers Driver Account. Subject to your compliance with the Agreement, we hereby grant you a license to use the Truckers App and the Truckers Driver Account. The license does not grant you the right to sublicense or transfer any rights to third persons.
3.2. In the course of using the Truckers App and/or Truckers Driver Account, you may not:
3.3. The License granted herein revokes automatically and simultaneously with the termination of the Agreement.
3.4. Using tags and labels of Truckers. We may give you tags, labels, stickers, or other signs that refer to the Truckers brand. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs only for the purpose of indicating you are providing Cargo Delivery Services via the Truckers Platform.
3.5. All copyrights and trademarks, including source code, databases, logos, and visual designs, are owned by Truckers and protected by copyright, trademark, and/or trade secret laws and international treaty provisions.
4.1. The Driver's Obligations. You hereby guarantee to provide Cargo Delivery Services in accordance with the General Terms, Agreement, and laws and regulations applicable in the state where you are providing Cargo Delivery Services. You are fully liable for any violation of any local laws and regulations.
4.2. You must have all licenses (including a valid driver's license), permits, vehicle insurance, liability insurance (if applicable), registrations, certifications, and other documentation that are required in the applicable jurisdiction for providing the Cargo Delivery Services.
4.3. You must provide the Cargo Delivery Services in a professional manner in accordance with the business ethics applicable to providing such services. Among other things, you (i) must take the route least costly for the User, unless the User explicitly requests otherwise; (ii) may not make any unauthorized stops; (iii) must ensure the cargo is securely loaded and transported in compliance with applicable regulations; and (iv) must adhere to any applicable traffic acts and regulations.
4.4. To ensure safety on the Truckers Platform, Truckers may ask you to verify your identity or the identity of any person authorized to act on your behalf.
4.5. You retain the sole right to determine when you are providing the Cargo Delivery Services. You shall accept, decline, or ignore Cargo Delivery Services requests made by Users at your own choosing.
4.6. Costs you incur while providing the Cargo Delivery Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Cargo Delivery Services at your own expense, including a truck, smartphone, etc.
4.7. Fees. You are entitled to charge a fee for each instance you have accepted a User on the Truckers Platform and completed the Cargo Delivery Service as requested. The Fee is calculated based on a default base fee, the distance of the specific delivery as determined by the GPS-based device, and the duration of the specific delivery.
4.8. Upfront Fee. A User may be offered to use a delivery option that allows the User to agree to a fixed Fee for a given instance of Cargo Delivery Service provided by you.
4.13. Tips. In some markets, Users may be given the option to tip you after a successful provision of Cargo Delivery Services. The Tip will not affect the amount of Truckers Fees, and Truckers will not collect a commission on the Tip paid by the User.
4.14. Receipts. After each successful provision of Cargo Delivery Services, Truckers shall create and forward a receipt to the User consisting of the company's business name, place of business, the first name and surname of the Driver, and other relevant information.
4.15. Cancellation fee & wait time fee. A User may cancel a request for Cargo Delivery Services that a Driver has accepted via the Truckers App. In some markets, the Driver may be entitled to the Fee for cancelled Cargo Delivery Services (Cancellation Fee).
4.16. If, in the course of the provision of the Cargo Delivery Services, a User or their representatives negligently damage the vehicle or its equipment, you shall have the right to request the User to pay a penalty of up to R100 and request compensation for any damages exceeding the penalty.
4.17. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws in relation to providing the Cargo Delivery Services.
4.18. Lost items. If you find any items left in your vehicle by the User after the provision of the Cargo Delivery Services, you must promptly notify the User and agree on the return of the item. If the estimated value of the item is less than ZAR 1000, you shall bring the item to Truckers' designated office. If the estimated value exceeds ZAR 1000, you shall immediately notify the nearest police station.
5.1. In order to use the Truckers Services, you are obliged to pay a fee (i.e., the Truckers Fee). The Truckers Fee is paid based on the amount payable for each Cargo Delivery Service order that you have accepted. The amount of the Truckers Fee will be notified to you via e-mail, Truckers App, Truckers Driver Account, or other pertinent means.
5.2. You must pay the Truckers Fee and any other fees due to us for the previous month at the latest by the 15th date of the following month. Upon delay with payment of the Truckers Fee, you shall be obliged to pay a penalty of late payment in the amount of 0.04% of the unpaid amount per day.
5.3. When you owe any amount as a result of your use of the Truckers app, you shall, if requested, provide such fees in your next order directly to Truckers or to the driver in fulfillment of this obligation.
6.1. We may enable Users to pay for the Cargo Delivery Service via cards, carrier billing, and other payment methods directly in the Truckers App (i.e., In-app Payment). You hereby authorize us as your commercial agent to receive the Fees.
6.2. You may not refuse payment by the User via the In-app Payment or influence the User against the use of the In-app Payment. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of R200.
6.3. Truckers reserve the right to distribute promo codes to Users at our discretion on a per-promotional basis.
6.9. Fees and other payments due to you will be forwarded to you on a periodic basis, typically once every week or other reference period communicated by Truckers in advance.
6.10. If we are not able to transfer the Fees or Tip to you due to you not including your bank account details in your Driver's account, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days, your claim regarding the payment shall expire.
7.1. Customer Support. We provide Drivers with customer support regarding the use of the Truckers Services. We have the right to stop providing customer support services in the event you delay any of the payments due to Truckers for more than 5 calendar days.
8.1. Ratings. Users may provide you a rating and leave feedback regarding the quality of the Cargo Delivery Services that you have provided. Your average rating will be linked to your Driver's account and will be available to Users at the Truckers App.
8.2. We measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding, and completing Cargo Delivery Service requests.
9.1. Market overviews. We may send you market overviews to increase your awareness regarding when the demand by the Users is highest. Such market overviews are merely recommendatory.
9.2. Campaigns promising minimum income. We may provide campaigns, whereby we will guarantee a minimum income if you provide Cargo Delivery Services within a specified timeframe.
10.1. You hereby acknowledge and agree that we provide an information society service and do not provide Cargo Delivery Services. By providing the Truckers Platform and Truckers Services, we act as a marketplace connecting Users with Drivers to facilitate efficient cargo delivery and logistics services.
10.2. You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us.
11.1. Your personal data will be processed in accordance with the Privacy Notice, available at https://truckers.am/legal/za/privacy-for-drivers/.
12.1. The Truckers Platform is provided on an "as is" and "as available" basis. We do not represent, warrant, or guarantee that access to the Truckers Platform will be uninterrupted or error-free.
12.3. The financial liability of us in connection with violating the General Terms or Agreement will be limited to R1000. You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement.
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application.
13.2. You may terminate the Agreement at any time by notifying Truckers at least 7 days in advance. Truckers may terminate the Agreement at any time by notifying you at least 3 days in advance.
13.3. Truckers is entitled to immediately terminate the Agreement and block your access to the Truckers Platform without giving any advance notice in case you breach the General Terms or Agreement.
14.1. Truckers reserves the right to amend these General Terms anytime by uploading the revised version on its website and notifying you.
15.1. Applicable Law. The General Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of South Africa.
15.1. Court Jurisdiction. If the respective dispute resulting from the General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in the High Court of South Africa, Gauteng Division, Johannesburg.
Final Provisions. If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
If you have any questions about these Terms and Conditions, please contact us: