1. Contractual Relationship
Terms & Conditions (Terms) govern the access or use by you, an individual, of applications, websites, content, products, and services (the Services) made available by 1Tuk (Proprietary) Limited, a private company established in South Africa, having its offices at 3 Barlinka Street, Montagu, 6720 and registered at CIPC under number 2012/180134/07 (“1Tuk”).
Read these terms and conditions prior to accessing or utilising our services.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and 1Tuk. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. 1Tuk may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
1Tuk may amend the Terms related to the Services from time to time. Amendments will be effective upon 1Tuk’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services comprise technology that enables users of 1Tuk’s mobile applications or websites provided as part of the Services (Application) to arrange and schedule transportation and/or logistics services with in-house and/or independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with 1Tuk or certain of 1Tuk’s affiliates (Third Party Providers). Unless otherwise agreed by 1Tuk in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
1Tuk, subject to your compliance with these Terms, grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Applications on your personal device solely in connection with your use of the Services; and access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by 1Tuk and 1Tuk’s licensors.
The Services and all rights therein are 1Tuk’s property or the property of 1Tuk’s licensors.
3. Use of the Services
You must register for and maintain an active personal user Services account (Account). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to 1Tuk personal information, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or 1Tuk’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by 1Tuk in writing, you may only possess one Account.
You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to 1Tuk, the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services.
1Tuk may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that 1Tuk establishes on a per promotional code basis (Promo Codes). Promo Codes may not be duplicated, sold or transferred in any manner, or made available to the general public unless expressly permitted by 1Tuk and they may be disabled by 1Tuk at any time for any reason without liability to 1Tuk and are not valid for cash.
Any User Content provided by you to 1Tuk remains your property. However, by providing User Content to 1Tuk, you grant 1Tuk the right to use such User Content in all formats and current or future distribution channels without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
All payments and services are indicated in South African Rands (R or ZAR). Ride prices are indicated inclusive of any applicable taxes whilst both rides and deliveries indicate all taxes raised on the invoices provided.
Payment may be made via Visa or Mastercard or SiD Secure EFT. Card transactions will be acquired by 1Tuk via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website or app. Users may go to www.paygate.co.za to view their security certificates and security policy.
Use of the Services may result in charges to you for the services or goods you receive from 1Tuk or a Third Party Provider (Charges). After you have received services or goods obtained through your use of the Service, 1Tuk will facilitate your payment of the applicable Charges. Payment of the Charges in such manner shall be considered the same as payment made directly by you to 1Tuk or the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by 1Tuk.
All Charges are due immediately and payment will be facilitated by 1Tuk using the preferred payment method designated in your Account, after which 1Tuk will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that 1Tuk may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
You acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. 1Tuk will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. 1Tuk may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from 1Tuk or a Third Party Provider at any time prior to such arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate for the services or goods provided. 1Tuk does not designate any portion of your payment as a tip or gratuity to in-house or Third Party Providers. 1Tuk notes that tipping is certainly voluntary. While you are free to provide additional payment as a gratuity to any 1Tuk or Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your in-house or Third Party Provider.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of in-house or Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (Repair or Cleaning). In the event that an in-house or Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by 1Tuk in 1Tuk’s reasonable discretion, 1Tuk reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by 1Tuk to the applicable Third Party Provider and are non-refundable.
5. Cancellations and Refunds
For riders, a cancellation fee may be charged: in the case of a ride where you are already matched with a driver or where you are more than 5 minutes late for pickup. You will not be charged for a cancellation if you have not yet matched with a driver.
If you make multiple cancellations within a 7-day period or at 1Tuk’s sole discretion are believed to be vexatiously unreasonable, you may be blocked from our service.
For any restaurant, once the orders are placed and accepted by the merchant, the order cannot be cancelled without a full forfeit of the fee as the restaurant may already have begun preparing the order.
Refunds for incorrect orders are handled on a case by case basis, as some orders could be missing items or have the incorrect items, with 1Tuk either correcting the order where possible and/or collecting the incorrect order and issuing a credit for the order.
Refunds for any other cause will be handled by 1Tuk management on a case by case basis. As such it is important to provide as much detail of the circumstance as possible and any photographic evidence.
The services are provided “as is” and when available. 1Tuk does not warranty any merchantability, reliability, availability or uninterrupted service. 1Tuk shall not be liable for any losses or damages associated with the use of the service. In no event shall 1Tuk’s or a third party provider’s total liability exceed the cost of the services. 1Tuk has no responsibility or liability for transport, goods or services provided to you by third party providers.
You agree to indemnify and hold 1Tuk and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with your use of the Services or services or goods obtained through your use of the Service.
7. Lost Property
You understand and agree that it is your responsibility to ensure that you remove your property from 1Tuk’s vehicle or that of a Third Party Provider when disembarking. Should you leave your property in the vehicle it may be handed over to you, 1Tuk or a third party provider.
1Tuk shall not be liable for the loss or damage to your property after the trip or whilst it is in transit.
Whilst 1Tuk or the third party provider will take reasonable steps to establish the owner of property left in a vehicle if returned to the offices of 1Tuk, when your property is in 1Tuk’s possession, you understand and agree that 1Tuk will only keep your property in its possession for a maximum period of three months from the date on which the property was handed to 1Tuk and should you fail to collect your property from 1Tuk before the expiry of the three month period stipulated, 1Tuk will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against 1Tuk or a third party provider in respect of your unclaimed property.
8. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or broadly in connection with or relating to the Services or these Terms shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator appointed by the Foundation. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to AFSA, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party .
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.