Legal
Terms of Service and Cancellation & Refund Policy
IMPORTANT - PLEASE READ FIRST (the terms that limit our responsibility or that you might not expect)
1. Mooovuka is an online platform that connects you with independent Drivers. The Driver carries your parcel.
2. The most a parcel may be worth is R1,500. We and the Driver are responsible for a lost or damaged parcel only up to its proven value, to a maximum of R1,500.
3. Drivers using a bakkie, van or truck must carry goods-in-transit insurance. Drivers using a scooter, motorbike or car may or may not carry it. If your Driver has no such insurance, the R1,500 limit above still applies and any value above it is at your own risk.
4. A parcel carried by scooter or motorbike must weigh no more than 15 kg.
5. Do not send prohibited items (listed below). The Driver may refuse a parcel.
6. If you cancel after a Driver has accepted, but before pickup starts, 50% of the fare is kept. Once pickup has started you cannot cancel. Full details are in section 8.
7. To verify identity, a selfie is compared with your profile photo by Amazon Web Services on servers in Ireland. By accepting these Terms you consent to this.
8. Nothing in these Terms takes away any right you have under the Consumer Protection Act or any other law. In particular, we do not exclude liability for gross negligence, fraud or intentional misconduct.
9. If nobody can receive your parcel, the Driver waits 10 minutes and then you choose what happens: try again, have the parcel returned to you, or have it taken to our office at 3 Malaga, Dainfern Ridge, Fourways, 2055. A return or an office trip is charged as a fare for the trip back, worked out like a normal one-parcel trip, and a return to you is paid before it starts. Full details are in section 9.
THE NATURE OF THE SERVICE
The App is a Platform: Mooovuka (Pty) Ltd provides an online digital marketplace (via mobile application and web portals) that connects independent third-party transport operators ("Drivers") with users needing parcel logistics ("Customers"). We match you with a Driver, show the fare in the App, collect your payment and pay the Driver their share.
No Employment Relationship: Mooovuka is not a courier service, transport provider, or common carrier. Drivers are independent contractors and not employees, agents, or partners of the Company.
The Delivery Contract: The contract for the movement of the goods is between the Customer and the Driver. Mooovuka remains responsible for the proper working of its platform, for taking reasonable care in vetting Drivers, and for its own conduct.
LIMITATION OF LIABILITY & INDEMNITY
Limit of Our Liability: To the fullest extent the law allows (including the Consumer Protection Act 68 of 2008), Mooovuka's total liability to a Customer for any claim arising from a booking is limited to the fare paid for that booking. Mooovuka is not liable for indirect or consequential loss, such as lost profits or lost business.
What We Do Not Limit: Nothing in these Terms excludes or limits liability for gross negligence, fraud or intentional misconduct by Mooovuka or anyone acting for it, or any liability that the law does not allow to be excluded or limited.
Loss or Damage to a Parcel: Responsibility for the loss, theft, or damage of a parcel in transit is dealt with under "Maximum Parcel Value" below.
The Service: We take reasonable care and skill in running the App. We cannot promise that the App, database or servers will be error-free or uninterrupted, and we are not liable for outages or delays caused by things outside our reasonable control, such as network or power failures or problems at our service providers.
Indemnity: A Customer or Driver who breaches these Terms, or acts unlawfully (for example by sending a prohibited item), must compensate Mooovuka for the losses and legal costs we suffer because of that. This does not apply to loss caused by Mooovuka's own negligence or misconduct.
MANDATORY PHOTO VERIFICATION & POPIA CONSENT
Consent to Processing Biometrics: In terms of the Protection of Personal Information Act 4 of 2013 (POPIA), both Drivers and Customers explicitly consent to the collection, processing, and digital storage of personal information, including:
Facial recognition templates and verification selfies.
Photographs of parcels captured at collection and drop-off points.
Live GPS device tracking data.
Transfer Outside South Africa: To compare a verification selfie with your profile photo, the image is sent securely to Amazon Web Services (Amazon Rekognition), which processes it on servers in Ireland (European Union). The European Union's data protection law (the GDPR) gives protection similar to POPIA. The image is used only for that comparison. By accepting these Terms, you consent to this transfer of your personal information outside South Africa.
Verification Failures: If verification photos cannot be uploaded due to device malfunction, poor lighting, or network connectivity drops, users consent to the automated deployment of the application's Backup OTP (SMS/WhatsApp) system.
Data Retention: Users acknowledge that photos are stored in secure cloud infrastructure (Supabase Storage) strictly for security auditing and dispute resolution, and are subjected to automated deletion cycles once a transaction is finalized without dispute.
STRICTLY PROHIBITED ITEMS (Anti-Criminality)
Customers are strictly banned from booking transport for, and Drivers are legally required to refuse, any parcel containing:
Illegal narcotics, drugs, or unauthorized prescription medications.
Unlicensed firearms, ammunition, explosives, or hazardous materials.
Stolen goods, illicitly obtained property, or counterfeit items.
Currency, bearer bonds, bullion, or high-value negotiable instruments.
Live animals or human remains.
Note: Any attempt to transport illegal items will result in an immediate platform ban, forfeiture of funds, and the handover of all registration metadata (SA ID numbers, selfie images, and GPS logs) to the South African Police Service (SAPS).
MAXIMUM PARCEL VALUE & BREACH
The R1,500 Maximum Value: The Customer declares and agrees that the market value of any parcel handed over for transport on this platform will not exceed R1,500.00 (One Thousand Five Hundred South African Rand). The platform cannot inspect the contents of sealed packages.
Our Maximum Responsibility for a Parcel: If a parcel is lost, stolen, or damaged in transit, the Customer may claim its proven value (for example with an invoice or proof of purchase), up to a maximum of R1,500.00 for that parcel. Claims are made through the incident and claims process in the App and are handled together with the Driver and, where the Driver holds one, the Driver's goods-in-transit insurer.
Parcels Worth More Than R1,500: Sending a parcel worth more than R1,500.00 is a breach of these Terms. For such a parcel we and the Driver are responsible only up to R1,500.00, and the Customer carries the risk of any value above that amount.
Indemnity for a False Declaration: If a Customer sends a parcel worth more than R1,500.00 and, because of that, Mooovuka faces an insurance claim, third-party claim or legal action, the Customer must compensate Mooovuka for that claim, to the extent it arises from the Customer's wrong declaration of value.
Insurance: Drivers using a bakkie, van or truck must carry goods-in-transit insurance. Drivers using a scooter, motorbike or car may carry it but are not required to. Where a Driver carries it, the insurer's decision on a claim is made independently. If an insurer rejects a claim, or the Driver has no such insurance, the Customer keeps the right to pursue the Driver and any other right the Customer has by law. Our maximum responsibility for a parcel stays as set out above.
Weight Limit and Items You May Not Send: A parcel carried by scooter or motorbike must weigh no more than 15 kg. You may not send illegal goods, drugs or medication, firearms, weapons or ammunition, explosives, flammable, hazardous or dangerous goods, cash, bank cards or negotiable documents, jewellery or other valuables, live animals, or anything that is unlawful to carry. By submitting an order you confirm that your parcel is worth no more than R1,500.00 and contains none of these items.
GOVERNING LAW & DISPUTE RESOLUTION
South African Law: These terms are governed by the laws of the Republic of South Africa.
Resolving Disputes: We will first try to resolve any dispute through the App's support process. If it is not resolved, either of us may refer it to arbitration administered by the Arbitration Foundation of Southern Africa (AFSA) in Johannesburg or Cape Town. This does not limit any right a Customer has under the Consumer Protection Act to approach the National Consumer Commission, the National Consumer Tribunal, a consumer court, an ombud, or a court.
7. RIGHT OF REFUSAL & DRIVER DISCRETION
Safety First: Drivers are independent operators and have the absolute right to refuse any delivery at the point of pickup if they reasonably suspect the parcel violates our Terms of Service.
Triggers for Immediate Refusal: A driver may cancel a trip immediately without penalty to themselves if:
The parcel appears to exceed the R1,500 maximum valuation cap.
The parcel is unsealed, poorly packed, or contains visible liquid leaks or hazardous materials.
The parcel matches the description of any Prohibited Item (e.g., suspected illegal substances, weapons, or medication).
The Customer or Recipient refuses to cooperate with the mandatory Photo Verification / Selfie workflow.
8. CANCELLATION (Protecting Driver Time)
To prevent customers from abusing drivers' time and fuel, what happens when you cancel depends on how far the booking has progressed:
Before a driver accepts: You may amend or cancel the booking free of charge. The amount held on your card is released in full.
After a driver has accepted, before the pickup procedure starts: You may cancel but can no longer amend the booking. Mooovuka keeps 50% of the fare. That amount is shared between the driver, Mooovuka and the payment and tax costs in the same proportions as the fare of a completed trip. The other 50% is released back to your card.
Once the driver has started the pickup procedure (marked "at pick-up"): The booking can no longer be cancelled or amended.
Parcel refused at pickup: If a driver refuses a parcel at pickup for a reason listed in section 7 (for example a prohibited or high-value item, or refusal of the photo verification), the trip ends and the fare is not refunded. No separate penalty is charged.
9. REFUND ELIGIBILITY GUIDELINES
Eligible for Full Refund:
The platform system malfunctions (e.g., a Supabase server outage prevents the trip from initiating).
The Driver cancels the trip for personal reasons before arriving at the pickup location.
Strictly Non-Refundable:
Failed Deliveries: If a Driver arrives at the drop-off location and cannot complete the delivery because the recipient is unreachable, refuses the parcel or does not give the delivery code, or the address is incorrect, the Customer is not entitled to a refund of the original fare, because the Driver has made the trip. The original fare is charged as for any delivery.
WHEN NOBODY CAN RECEIVE THE PARCEL (FAILED DELIVERY AND RETURN)
The Driver's Attempt: The Driver waits at the drop-off address for 10 minutes and tries to reach the recipient. If nobody comes, the Driver reports that the delivery could not be made, with a photo and the time and place, and we tell the Customer in the App straight away.
The Customer's Choice: The Customer then has 10 minutes to choose one of these:
Try the delivery again now (free, once for each parcel).
Have the parcel returned to the Customer's pickup address. This is only possible before 17:00 on the same day.
Have the parcel taken to the Mooovuka office at 3 Malaga, Dainfern Ridge, Fourways, 2055.
If the Customer does not choose in time, or does not pay in time for a return, the parcel is taken to the Mooovuka office.
Return Fare: A return or an office trip is charged as a separate fare for the trip back, worked out by the same pricing method as any one-parcel trip over that distance. The amount is shown in the App before the Customer chooses. A return to the Customer must be paid by card before the Driver starts it. The trip to the Mooovuka office is paid after it has been made, and the parcel is released to the Customer once it has been paid.
Not Overnight: A Driver may not keep a parcel overnight. A parcel is returned to the Customer only before 17:00. If that is not possible, or nobody is at the Customer's address when the Driver brings the parcel back, the Driver takes it to the Mooovuka office, which receives parcels at any time, and the trip to the office is charged as set out above.
Parcels at the Office: We keep a parcel at the office safe for the Customer for 7 days at no charge. After that we may charge a reasonable storage fee, and we will tell the Customer in the App before we do. A parcel that is not collected within 30 days is treated as unclaimed, and we will contact the Customer before we deal with it as the law allows.
Evidence and Disputes: We keep the photos, times and locations of each attempt. A Customer who disagrees with a charge can raise it through the support or claims process in the App. Nothing in this section takes away a right the Customer has under the Consumer Protection Act.
10. DRIVER ACCOUNTABILITY & ACCOUNT RENTING BANS
Strict Account Guarding: Drivers are strictly prohibited from sharing, renting, selling, or transferring their application account, identity credentials, or login details to any third party. The specific individual approved via the vetting process must physically perform the delivery transaction.
Customer Duty to Verify: If a Customer notes that the physical Driver, vehicle registration, or face profile does not match the identity profile displayed within the mobile application, the Customer must refuse the handover immediately, cancel the trip via the app, and report the mismatch.
Forfeiture for Mismatch Handovers: If the Customer proceeds to hand over a parcel to an unvetted or mismatched operator despite a profile discrepancy, they do so at their own absolute risk, and Mooovuka is not liable for the resulting loss or theft, to the extent the law allows.