Terms of Service

1. Introduction

Welcome to Zorq.

Zorq is a digital platform operated by Zorq Technologies (Pty) Ltd that connects customers who need goods transported with independent drivers who offer transport services using bakkies and trucks. Zorq enables users to request, schedule, and manage transport services through its mobile application and related services (collectively, the “Platform”).

These Terms of Service (“Terms”) govern your access to and use of the Zorq Platform, including any content, features, and services made available through the application.

By accessing or using the Zorq Platform, creating an account, or requesting or providing transport services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

Zorq acts solely as a technology platform that facilitates connections between customers and independent drivers. Zorq does not provide transportation services and is not a transport carrier. Drivers using the Platform operate as independent contractors and are not employees, agents, or partners of Zorq.

These Terms apply to all users of the Platform, including customers and drivers. Additional policies, including our Privacy Policy, Refund Policy, and Cancellation Policy, form part of these Terms and should be read together with them.

2. Definitions

In these Terms, unless the context otherwise requires, the following words and expressions shall have the meanings set out below:

• “Account” means a registered user profile created on the Zorq Platform by a User to access and use the services offered through the Platform.
• “App” means the Zorq mobile application, including any updates, features, or related services provided by Zorq Technologies (Pty) Ltd.
• “Booking” means a request made by a Customer through the Platform for transport services to move goods from a pickup location to a destination.
• “Cancellation” means the termination of a Booking by either the Customer or the Driver before completion of the transport service.
• “Customer” means any User who uses the Platform to request or receive transport services.
• “Driver” means an independent contractor who registers on the Platform to offer transport services using a bakkie or truck.
• “Fees” means any amounts payable by a Customer for transport services, platform fees, or other charges as displayed in the App.
• “Goods” means items, furniture, equipment, or other property that a Customer requests to be transported through the Platform.
• “Platform” means the Zorq digital marketplace, including the mobile application, website, APIs, and related services operated by Zorq.
• “Payment” means any amount paid by a Customer through the Platform using supported payment methods, including card or cash payments.
• “Service” means the facilitation by Zorq of Bookings between Customers and Drivers through the Platform.
• “Trip” means the transport service carried out by a Driver in connection with a Booking, from pickup to delivery.
• “User” means any individual or entity who accesses or uses the Platform, including Customers and Drivers.
• “Zorq,” “we,” “us,” or “our” means Zorq Technologies (Pty) Ltd, a company registered in the Republic of South Africa.

3. Platform Overview & Role of Zorq

Zorq is a digital platform that facilitates the connection between Customers seeking transport services and independent Drivers who provide those services using their own vehicles.

Zorq does not provide transport services itself, does not own or operate vehicles, and does not employ Drivers. Drivers operate as independent contractors and are solely responsible for the transport services they provide.

The Platform enables Customers to:

• Request transport services
• View estimated pricing
• Track Drivers during a Trip
• Make payments through supported payment methods

The Platform enables Drivers to:

• Accept or decline Bookings
• Navigate to pickup and delivery locations
• Receive earnings for completed Trips, subject to applicable fees and commissions

Zorq’s role is limited to:

• Providing the technology that enables Bookings
• Facilitating communication between Customers and Drivers
• Processing payments and commissions where applicable
• Providing support related to use of the Platform

Zorq does not guarantee:

• The availability of Drivers at any given time
• That a Booking request will be accepted
• Specific delivery times or outcomes

Zorq is not responsible for:

• The actions, conduct, or omissions of Drivers or Customers
• Loss, damage, or delay of Goods during transport, except where required by law
• Any disputes between Customers and Drivers, though Zorq may assist in resolution at its discretion

By using the Platform, Users acknowledge and agree that Zorq acts solely as an intermediary and technology provider, and that any transport contract is formed directly between the Customer and the Driver.

4. Account Registration & Security

4.1 Account Creation

To use the Platform, Users must create an account by providing accurate, complete, and current information. This may include personal details, contact information, and verification credentials.

Users agree to update their information promptly if any details change.

4.2 Eligibility

By creating an account, Users confirm that:

• They are at least 18 years old (or the legal age in their jurisdiction)
• They have the legal capacity to enter into these Terms
• They are not prohibited from using the Platform under applicable laws

Zorq reserves the right to refuse or terminate accounts that do not meet eligibility requirements.

4.3 Verification & Authentication

Zorq may require Users to verify their identity, email address, phone number, or other details to:

• Prevent fraud
• Enhance safety and trust
• Enable access to certain features

Verification requirements may vary based on User type or activity.

4.4 Account Security

Users are responsible for:

• Maintaining the confidentiality of their login credentials
• All activities conducted through their account
• Not sharing their account with others

Users must notify Zorq immediately if they suspect unauthorized access or security breaches.

4.5 One-Time Passwords (OTP) & Security Measures

Zorq may use One-Time Passwords (OTP), two-factor authentication, or similar security mechanisms for:

• Account access
• Critical actions such as withdrawals, profile changes, or payment-related activities

Security measures may change over time to improve protection and user experience.

4.6 Account Suspension & Termination

Zorq may suspend or terminate accounts if:

• Information provided is false or misleading
• There is suspected fraud, abuse, or unauthorized use
• Users violate these Terms or applicable laws

Users may request account deactivation through available support channels, subject to outstanding obligations.

5. Bookings, Payments & Pricing

5.1 Booking Process

Customers may request a transport service through the Platform by providing required details, including pickup location, destination, vehicle type, and any additional instructions.

Once a Booking is submitted:

• The request is made available to nearby Drivers
• A Driver may accept or decline the Booking
• A Booking is considered confirmed only once a Driver accepts it

Zorq does not guarantee that a Booking request will be accepted.

5.2 Pricing & Fare Estimates

Prices displayed on the Platform are calculated based on factors including, but not limited to:

• Distance
• Vehicle type
• Load type
• Time and demand

Displayed prices are estimates and may be adjusted if trip details change. Customers will be informed of any material changes before completion of the Trip where possible.

5.3 Payment Methods

The Platform may support one or more payment methods, including:

• Debit or credit card payments processed through third-party payment providers
• Cash payments made directly to the Driver, where supported

Zorq does not store Customers’ card details.

5.4 Card Payments

For card payments:

• Payment may be required before a Driver is assigned or before the Trip begins
• Funds are held and processed through Zorq’s payment provider
• Driver earnings are credited after successful completion of the Trip, less applicable fees or commissions

Zorq may deduct platform service fees, transaction fees, or commissions before crediting Driver earnings.

5.5 Cash Payments

Where cash payments are selected:

• The Customer pays the Driver directly upon completion of the Trip
• Zorq may charge the Driver a commission or service fee for the Booking

Drivers agree to settle any outstanding platform fees owed to Zorq in accordance with the Platform’s payout or settlement process

Failure to settle outstanding fees may result in account restrictions or suspension.

5.6 Cancellations

Bookings may be cancelled by either the Customer or the Driver under certain conditions.

Cancellation fees may apply depending on:

• The timing of the cancellation
• Whether a Driver has already been assigned
• Whether the Driver has already arrived at the pickup location

Specific cancellation rules and fees are outlined in Zorq’s Cancellation Policy.

5.7 Refunds

Refunds, where applicable, are processed in accordance with Zorq’s Refund Policy.

Refund eligibility may depend on:

• The payment method used
• The status of the Booking at the time of cancellation
• Any applicable fees already incurred

Refunds are processed via the original payment method and may take several business days to reflect, depending on the payment provider.

5.8 Disputes

If a Customer or Driver disputes a charge, cancellation, or payment:

• The User must contact Zorq support within a reasonable timeframe
• Zorq may review trip data, logs, and communications to assist in resolution

Final decisions related to refunds or adjustments are made at Zorq’s discretion, subject to applicable laws

5.9 AI-Assisted Features & Recommendations

The Platform may offer AI-assisted features to help Customers, including a tool that suggests a vehicle (bakkie, light truck or big truck), cargo type, helper option, or load type from a description of the Goods a Customer intends to move, and that may pre-fill parts of a Booking. These features are provided for convenience and general guidance only.

You acknowledge and agree that:

• AI-generated recommendations, summaries, and suggestions are estimates and guidance only. They are not a guarantee, quotation, professional assessment, or warranty that a particular vehicle, cargo type, or service is suitable, sufficient, safe, or available for your Goods.
• AI outputs may be inaccurate, incomplete, or out of date, and may not account for the actual weight, dimensions, quantity, condition, access constraints, or handling requirements of your Goods.
• You remain solely responsible for the accuracy of the information you provide (including your description of the Goods), for selecting the correct vehicle and service, and for ensuring that your Goods and load comply with Section 10 and all applicable weight, safety, and legal requirements.
• Any pre-filled or suggested selection is not binding and may be changed by you before confirming a Booking. Final pricing, vehicle matching, and availability are determined in accordance with Sections 3 and 5.
• The Platform uses third-party AI service providers to power these features. Information you submit (such as your description of the Goods) may be transmitted to and processed by those providers in order to generate the output. See our Privacy Policy for how we handle personal information.
• To the maximum extent permitted by law, Zorq makes no warranties and accepts no liability for any loss, damage, cost, delay, or inconvenience arising from your use of, or reliance on, any AI-assisted feature or its output, and the disclaimers and limitations in Sections 12 and 13 apply.
• Zorq may modify, limit, or discontinue any AI-assisted feature at any time, may require you to be signed in to use it, and may limit how often it can be used, at its discretion.

Where an AI-assisted feature conflicts with these Terms, a confirmed Booking, or a Driver’s assessment, the confirmed Booking details and these Terms prevail.

6. Cancellations & Refunds

6.1 Customer Cancellations

Customers may cancel a Booking through the Platform subject to the following conditions:

a) Before a Driver is Assigned

If a Customer cancels a Booking before a Driver has been assigned:

• No cancellation fee will apply
• Any prepaid amount will be refunded in full, where applicable

b) After a Driver is Assigned but Before Arrival

If a Customer cancels after a Driver has been assigned but before the Driver arrives at the pickup location:

• A cancellation fee may apply
• The fee may be used to compensate the Driver for time and travel
• Any remaining balance may be refunded

c) After Driver Arrival or Trip Start

If a Customer cancels after the Driver has arrived at the pickup location or after the Trip has started:

• The Customer may be charged a higher cancellation fee
• A full refund may not be available

Cancellation fees, where applicable, will be communicated to the Customer before confirmation.

6.2 Driver Cancellations

Drivers may cancel a Booking only for valid reasons, including but not limited to:

• Vehicle breakdown
• Safety concerns
• Inaccurate or misleading Booking details

Frequent or unjustified cancellations by Drivers may result in:

• Reduced visibility on the Platform
• Temporary suspension
• Permanent deactivation in severe cases

If a Driver cancels:

• The Customer may receive a full refund or be reassigned to another Driver where possible

6.3 No-Show Policy

Customer No-Show

If a Customer fails to appear at the pickup location within a reasonable waiting period:

• The Booking may be marked as a no-show
• A no-show fee may apply
• The Driver may be compensated for time spent waiting

Driver No-Show

If a Driver fails to arrive at the pickup location without valid reason:

• The Booking may be cancelled without penalty to the Customer
• The Customer may receive a refund or reassignment

6.4 Refund Eligibility

Refunds may be issued based on:

• Timing of the cancellation
• Payment method used
• Completion status of the Trip
• Applicable cancellation or service fees

Zorq reserves the right to deduct:

• Platform service fees
• Payment processing fees
• Any amounts already paid to Drivers

6.5 Refund Processing

Approved refunds are processed via the original payment method used during checkout.

Refund timelines depend on the payment provider and may take several business days to reflect in the Customer’s account. Zorq is not responsible for delays caused by banks or third-party payment providers.

6.6 Cash Payments & Refunds

For Bookings paid in cash:

• Refunds are generally not processed through the Platform
• Any disputes regarding cash payments must be resolved directly between the Customer and Driver, unless otherwise required by law

Zorq may assist with dispute mediation but does not guarantee cash refunds.

6.7 Dispute Resolution

If a Customer or Driver is dissatisfied with a cancellation or refund outcome:

• They may contact Zorq support with relevant details
• Zorq may review trip data, communication logs, and system records

Decisions made by Zorq are final, subject to applicable consumer protection laws

7. Driver Obligations & Standards

7.1 Driver Eligibility

To operate on the Platform, Drivers must:

• Be legally eligible to provide transportation or logistics services in their jurisdiction
• Hold valid and up-to-date licenses, permits, and certifications required by law
• Own, lease, or have lawful access to a vehicle that meets Zorq’s minimum standards
• Successfully complete the Driver onboarding and verification process

Zorq reserves the right to request updated documentation at any time.

7.2 Vehicle Requirements

Drivers are responsible for ensuring that their vehicles:

• Are roadworthy, safe, and properly maintained
• Comply with all applicable traffic, safety, and insurance laws
• Match the vehicle details submitted during registration
• Are suitable for the type of service offered on the Platform

Failure to maintain vehicle standards may result in suspension or deactivation.

7.3 Service Standards

Drivers agree to:

• Provide services professionally, safely, and courteously
• Arrive at pickup locations on time or notify Customers of delays
• Follow the agreed route unless changes are requested or necessary for safety or efficiency
• Handle Customer goods with reasonable care where applicable

Drivers must not engage in reckless driving, harassment, discrimination, or unsafe conduct.

7.4 Compliance with Laws

Drivers are solely responsible for complying with:

• Local, regional, and national laws
• Traffic regulations and road safety rules
• Tax obligations arising from income earned through the Platform

Zorq does not provide legal, tax, or employment advice to Drivers.

7.5 Independent Contractor Status

Drivers acknowledge and agree that:

• They are independent contractors and not employees, agents, or partners of Zorq
• Zorq does not control how services are performed, aside from platform guidelines
• Drivers are responsible for their own expenses, insurance, and benefits

Nothing in these Terms creates an employment or agency relationship.

7.6 Use of the Platform

Drivers must:

• Use the Platform only for legitimate Bookings
• Not manipulate pricing, ratings, or availability
• Not accept off-platform payments intended to bypass Zorq fees
• Maintain accurate and up-to-date profile information

Unauthorized use of the Platform may result in account termination.

7.7 Ratings, Reviews & Performance

Drivers acknowledge that:

• Customers may rate and review Drivers after each Trip
• Zorq may use ratings, completion rates, and cancellation behavior to assess performance
• Consistently poor performance may lead to warnings, suspension, or deactivation

Zorq reserves the right to remove fraudulent or abusive reviews.

7.8 Safety & Incident Reporting

Drivers must:

• Prioritize safety at all times
• Report accidents, injuries, or safety incidents promptly through the Platform or support channels
• Cooperate with investigations where required

Failure to report incidents may result in removal from the Platform.

7.9 Suspension & Deactivation

Zorq may suspend or deactivate a Driver account if:

• Terms are violated
• Fraud, misconduct, or safety risks are identified
• Required documents expire or become invalid

Zorq may take such action with or without prior notice, where legally permitted.

8. User Conduct & Prohibited Activities

8.1 General Conduct

Users agree to use the Platform in a lawful, respectful, and responsible manner. All activity on Zorq must comply with these Terms and applicable laws and regulations.

Users must not misuse the Platform or interfere with its normal operation.

8.2 Prohibited Activities

Users may not, directly or indirectly:

• Use the Platform for illegal, fraudulent, or unauthorized purposes
• Provide false, misleading, or inaccurate information
• Impersonate another person or entity
• Abuse, harass, threaten, or harm other Users, Drivers, or third parties
• Attempt to manipulate pricing, payments, ratings, or commissions
• Circumvent Platform fees or payment systems
• Engage in off-platform transactions intended to avoid Zorq’s commission
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to access systems, data, or accounts without authorization

8.3 Driver-Specific Conduct

Drivers agree to:

• Perform deliveries professionally and safely
• Comply with road laws, licensing, and vehicle requirements
• Deliver items as agreed and handle goods with reasonable care
• Not demand additional payment beyond what is agreed on the Platform
• Accurately report delivery status and payment method (cash or card)

Failure to meet these expectations may result in suspension or removal from the Platform.

8.4 Customer-Specific Conduct

Customers agree to:

• Provide accurate delivery details and instructions
• Ensure availability during delivery where required
• Pay the agreed delivery amount, including cash payments where applicable
• Treat Drivers with respect and professionalism

8.5 Platform Integrity

Any attempt to disrupt, reverse engineer, copy, or exploit the Platform, including its features, systems, or data, is strictly prohibited.

Zorq reserves the right to investigate and take appropriate action against violations, including warnings, suspension, termination, or legal action where necessary.

9. Payment Pre-Authorisation, Holds & Reversals

9.1 Pre-Authorisation of Funds

When a Customer pays by card, Zorq (through its third-party payment provider) may pre-authorise or hold an amount against the Customer’s card before a Driver is assigned or before the Trip starts. A pre-authorisation is a temporary hold that reduces available funds on the Customer’s card; it is not a charge at the moment it is placed.

A pre-authorisation may be:

• Captured once the Trip is completed or otherwise finalised, in which case the final charge reflects the confirmed fare less any applicable discounts, credits, or partial refunds; or
• Released if the Booking does not proceed, is cancelled, or the hold expires, in which case the Customer’s available funds are restored.

9.2 Timing of Releases

Releases and refunds are returned via the original payment method. The time it takes for a released hold or refund to become visible again depends on the card issuer and payment provider and may take several business days, and in some cases up to ten business days or longer. Zorq is not responsible for delays caused by banks or third-party payment providers.

9.3 Chargebacks & Reversals

A chargeback occurs when a Customer disputes a charge with their card issuer and the amount is reversed. Customers agree:

• Not to submit fraudulent or unjustified chargebacks, reversals, or payment disputes;
• That Zorq may, where permitted by law and its payment provider’s rules, challenge any chargeback and the customer may be liable for reasonable chargeback-related fees incurred by Zorq;
• That Zorq may reverse any credit, discount, referral reward, or refund if the underlying Booking or transaction is later found to be fraudulent, invalid, or obtained in breach of these Terms.

Repeat or abusive disputes may result in account suspension or termination.

9.4 Security of Payment Details

Zorq does not store Customer card details. Card data is processed and stored by PCI-DSS-compliant third-party payment providers. Customers remain responsible for ensuring that the payment method used is lawful and that all payment details they provide are accurate and current.

10. Prohibited Goods & Customer Cargo Responsibilities

10.1 Cargo Responsibility

Customers are responsible for ensuring that all Goods offered for transport:

• Are lawfully owned by the Customer or are lawfully in the Customer’s possession or control with authority to transport them;
• Are properly and securely packed, wrapped, and labelled for the mode of transport, the vehicle selected, and the weight and volume limits of that vehicle;
• Are accurately described when requesting a Booking, including correct weight, dimensions, quantity, and any special handling requirements;
• Are accessible and ready for pickup at the agreed time and location, with the Customer (or a responsible adult) available to receive, direct, and assist with unloading where required.

10.2 Prohibited Goods

Customers may not book, and Drivers may not transport, any Goods that are unlawful, dangerous, or unsuitable for the selected transport service, including without limitation:

• Illegal or unlawful items, including illicit drugs and substances;
• Explosives, fireworks, ammunition, and weapons (including parts and deactivated or replica items), unless lawful, declared, and carried in accordance with applicable law;
• Flammable, combustible, corrosive, toxic, biological, radioactive, or otherwise hazardous substances;
• Human remains or bodily fluids;
• Live animals, other than in a closed, secure container and only where expressly agreed at the time of Booking;
• Perishable or temperature-sensitive items without packaging appropriate for the Trip duration;
• Cash, bearer negotiable instruments, or other valuables above agreed limits, unless declared and agreed before the Trip;
• Store-and-display counterfeits, infringing copies, or items that infringe third-party rights;
• Any item the transport of which is prohibited or restricted by law, by the Driver’s professional obligations, or by the reasonable policies of the Driver.

If a Customer books the transport of prohibited Goods, or fails to declare restricted or unusually valuable Goods, the Customer is liable for any loss, damage, penalty, or legal liability that results, and this may constitute a material breach of these Terms.

10.3 Right to Refuse or Cancel

Drivers may decline to load, or may cease transporting, Goods that appear to be prohibited, unsecured, unsafe, overweight for the vehicle, or damaged. Zorq and Drivers reserve the right to refuse a Booking or cancel it in progress if transport of the Goods would be unlawful or unsafe. No refund will be owed for a Booking refused or cancelled for an unlawful, unsafe, or undeclared load, and the Customer remains liable for any charges or fees lawfully incurred.

11. Intellectual Property Rights

11.1 Ownership

The Platform, including its software, source code, design, layout, text, graphics, logos, trademark names, business names, domain names, and all related intellectual property, is owned by Zorq or its licensors and is protected by South African and international intellectual property laws. Zorq and “Zorq Technologies” are trading names of Zorq Technologies (Pty) Ltd.

11.2 Limited Licence

Zorq grants Users a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Platform for their personal, non-commercial purposes in accordance with these Terms. Users may not:

• Copy, reproduce, modify, distribute, sub-licence, sell, or resell any part of the Platform;
• Scrape, data-mine, or harvest content, pricing, Driver data, or other information from the Platform;
• Reverse engineer, decompile, or disassemble the Platform, except to the extent that such acts cannot be excluded by law;
• Use the Platform or its data to compete with Zorq or to build a competing service.

11.3 Feedback

If a User submits suggestions, feature requests, or other feedback about the Platform, such feedback may be used, implemented, and exploited by Zorq (including in commercial products) without payment, acknowledgement, or restriction, and the User grants Zorq a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to do so.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law (including the Consumer Protection Act 68 of 2008, where applicable), the Platform and all services, content, and information available through it are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including without limitation:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
• Warranties that the Platform will be available at any particular time, uninterrupted, secure, or free from errors, viruses, or other harmful components;
• Warranties as to the accuracy, reliability, or completeness of pricing estimates, ETAs, Driver location data, or other Platform content;
• Warranties as to the availability, conduct, professionalism, punctuality, or suitability of any Driver, or that a Booking request will be accepted or completed.

Services provided by Drivers are the responsibility of the Driver as an independent contractor and are not warranted by Zorq.

13. Limitation of Liability

13.1 Exclusion of Indirect Loss

To the maximum extent permitted by law, Zorq will not be liable to any User for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, goodwill, or opportunity, however caused and whether in contract, delict, statute, or otherwise, arising out of or in connection with the Platform, these Terms, or the use of or inability to use the Platform or any service facilitated through it.

13.2 Cap on Liability

To the maximum extent permitted by law, the total aggregate liability of Zorq to a Customer for all claims arising out of or in connection with a specific Booking will not exceed the total amount actually paid by that Customer (or, where applicable, charged to the Customer’s card) in respect of that Booking. Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by Zorq’s gross negligence, or liability for fraud.

13.3 Acts of Drivers

Drivers are independent contractors. Zorq has no control over (and, to the maximum extent permitted by law, accepts no liability for) the conduct, acts, or omissions of Drivers, the performance or quality of transport services, or the condition, safety, or roadworthiness of Driver vehicles. Claims relating to the transport services themselves must be pursued against the Driver in their own capacity, subject always to these Terms and applicable law.

13.4 Goods in Transit

To the maximum extent permitted by law, Zorq’s liability for loss of or damage to Goods during a Trip is limited to amounts reasonably established by evidence and handled in accordance with Zorq’s Refund Policy and cancellation and dispute processes. Customers are encouraged to insure valuable items and to declare and secure high-value Goods as provided in Section 10.

The limitations in this Section 13 do not apply to amounts that Zorq is prohibited by law from limiting or excluding, and do not affect any rights a Consumer may have that cannot be waived under the Consumer Protection Act 68 of 2008.

14. Indemnification

Users agree to indemnify and hold harmless Zorq Technologies (Pty) Ltd, its directors, officers, employees, agents, and licensors from and against all claims, demands, losses, damages, costs, and expenses (including reasonable legal fees on the scale of attorney and client) arising out of or in connection with:

• Any breach by the User of these Terms or of applicable laws;
• The User’s use of the Platform, including any unlawful or harmful use;
• Any Goods the User loads, transports, or causes to be transported, including prohibited, illegal, unsecured, or unsafe Goods;
• Any violation of the rights of any third party, including intellectual property rights and privacy rights;
• Any dispute between Users (including between a Customer and a Driver);
• Any claim brought against Zorq arising from the transport services provided by a Driver to a Customer, to the extent such claim arises from acts or omissions of the Customer or the Driver, other than claims arising from Zorq’s own gross negligence or wilful misconduct.

This indemnity is subject to the Consumer Protection Act 68 of 2008 and other applicable consumer-protection laws and does not apply to the extent that a claim arises from Zorq’s own gross negligence.

15. Force Majeure

Neither Zorq nor any User will be liable for any delay or failure to perform any obligation under these Terms to the extent that the delay or failure is caused by an event beyond the reasonable control of the party concerned, including but not limited to acts of God, natural disasters, floods or storms, pandemics or epidemics, fires, riots, civil unrest, war, terrorist acts, sabotage, strikes or labour disputes, power failures, Internet or telecommunications outages, failure of third-party services (including map, payment, or cloud providers), changes in law, or acts or orders of any government authority.

16. Modifications to These Terms

16.1 Changes

Zorq may amend, update, or replace these Terms from time to time, including to reflect changes in its services, the law, regulatory requirements (including POPIA and the Consumer Protection Act), or the operation of the Platform. Material changes will be communicated by posting the updated Terms on the Platform and, where appropriate, by email or in-app notification in accordance with Zorq’s policy-notification process.

16.2 Acceptance of Changes

Updated Terms will specify an effective date. By continuing to access or use the Platform after the effective date of updated Terms, a User is deemed to have accepted the updated Terms. If a User does not agree to the updated Terms, they must stop using the Platform and, where applicable, close their account.

16.3 Consent Requirements

Where any change requires the User’s consent under applicable law, Zorq will obtain such consent before the change takes effect in accordance with that law.

17. Governing Law, Jurisdiction & Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict-of-law principles.

17.2 Informal Resolution

If any dispute, difference, or claim arises in connection with these Terms or the Platform, the parties will first attempt in good faith to resolve it informally by contacting Zorq support, which will review available Trip data, system records, and communications.

17.3 Formal Resolution

Subject to Section 17.4, any dispute that cannot be resolved informally will, at the election of either party, be referred to and resolved by the courts of the Republic of South Africa, and the parties consent to the non-exclusive jurisdiction of the KwaZulu-Natal Division of the High Court of South Africa (Durban), or, where the claim falls within its monetary jurisdiction, the Magistrates’ Courts of South Africa. The parties may, by agreement, refer a dispute to arbitration in accordance with the Arbitration Act 42 of 1965.

17.4 Consumer Rights

Nothing in these Terms limits the rights a Consumer has under the Consumer Protection Act 68 of 2008, POPIA, or other applicable consumer-protection or data-protection laws, including the right to approach the National Consumer Commission, the Information Regulator, or another competent regulator or court with jurisdiction.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, Cancellation Policy, and any other policy incorporated by reference, constitute the entire agreement between Zorq and the User in respect of the subject matter of these Terms and supersede all prior representations, agreements, and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.

18.3 No Waiver

Failure by Zorq to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision, and any waiver by Zorq must be in writing.

18.4 Assignment

Users may not assign, transfer, or sub-contract any of their rights or obligations under these Terms without Zorq’s prior written consent. Zorq may assign these Terms, in whole or in part, at its discretion, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

18.5 Electronic Notices

Zorq may provide notices under these Terms by email, SMS, in-app message, push notification, or by posting on the Platform. Users agree to receive communications and notices from Zorq electronically in this manner and consent to receive such electronic notices, which satisfy any requirement that communication be in writing, to the extent permitted by law.

18.6 Contact

Questions, notices, and requests concerning these Terms or the Platform may be directed to Zorq support through the contact details available on the Platform.