Terms of Service

These terms are an agreement between you and BrightBroom (Pty) Ltd, registration number 2020/440020/07, of 0B Cedar Avenue West, Fourways, Randburg, 2191, trading as ZapZuba ("ZapZuba", "we", "us"). They apply when you use our website, book a vehicle delivery, or use our vehicle showroom. We accept service of legal documents at that address.

Please read these key points before you book. Each one limits our responsibility or places a risk or an obligation on you:

We have written them in plain language. Some parts limit our responsibility or place obligations on you; we have put those in their own sections so they are easy to find. Please read them before you book.

By creating an account, booking a delivery or sending a showroom enquiry, you accept these terms. If you are accepting for a company, you confirm you are authorised to bind it.

Nothing in these terms takes away rights you have under the Consumer Protection Act, 2008 or other law that cannot be excluded.

Drivers who deliver vehicles for ZapZuba have a separate driver agreement. [Attorney: driver agreement to be drafted; drivers are independent contractors]

ZapZuba delivers vehicles by road. One of our vetted drivers collects your vehicle from the place you choose and drives it to its destination, either elsewhere in South Africa or to Zambia, Botswana, Zimbabwe or Mozambique.

You contract with ZapZuba, and we are responsible to you for the delivery. The drivers we use are independent contractors who have passed our checks: identity, right to work in South Africa, proof of address, and a valid South African driver's licence (the card, or a temporary driving licence while the card is being made; we do not accept foreign licences). Where a trip needs them, drivers also hold a Professional Driving Permit or a passport.

Your vehicle is driven, not carried on a truck. That adds kilometres to the odometer and the normal wear that comes with driving, which is part of the service and not damage.

• You must be 18 or older to create an account or book.
• Give us accurate details and keep them up to date.
• Keep your password private. You are responsible for bookings made with your account.
• We may suspend or close an account that is used fraudulently, abusively or in breach of these terms. If we do, we will refund any delivery we have not yet started.

Your quote is worked out from the driving distance, the type of vehicle and, for cross-border trips, the destination country. It is shown before you pay and fixed once you book.

The price includes the driver, fuel, tolls, the driver's return travel and, for cross-border trips, the border fees, road permits and third-party insurance needed for the vehicle to travel to the destination country. You will not be asked to pay for these on the day.

We are not registered for VAT, so no VAT is charged.

The price does not include customs duty, import VAT or other taxes if the vehicle is being exported from South Africa or imported into another country permanently, or the fees of any clearing agent. You arrange and pay for those.

The price only changes if you change the booking (for example the pickup date, the address or the vehicle) or if the vehicle is materially different from what you described. We will tell you the new price, and you can accept it or cancel under section 9.

You pay the full price when you book, through our payment provider, PayFast. Your booking is confirmed when we receive payment. We do not see or store your card details.

We may offer coupons. A coupon applies only on its stated conditions, once per person, and has no cash value.

When you book, you confirm that:

• you own the vehicle, or the owner has authorised you in writing to arrange its delivery (we may ask to see that authority);
• the vehicle is roadworthy and safe to drive (including brakes, tyres, lights and steering), and its licence disc is valid for the whole trip;
• you have told us about any fault, warning light, damage or tracking or immobiliser system that could affect the trip;
• the vehicle carries no goods other than its standard equipment, such as the spare wheel, jack and tools;
• you have removed personal belongings and valuables. We are not responsible for items left in the vehicle;
• the registration papers and anything else the driver needs (keys, spare key if requested, alarm remote, tracking or immobiliser codes) will be handed over at pickup.

For cross-border trips you must also provide, before pickup, the documents we tell you the destination country requires. These may include a police clearance for the vehicle, a letter of authority from the owner and, if the vehicle is financed, written permission from the bank or finance house for it to leave South Africa.

Our driver may refuse to collect a vehicle that is unsafe, unroadworthy, unlicensed, carrying goods, or missing the documents needed for the trip. In that case section 9 applies as if you had cancelled on the day.

ZapZuba does not insure the vehicles we deliver. Your own vehicle insurance is the only cover for your vehicle during the delivery, and our prices are set on that basis. To book, your vehicle must have comprehensive insurance that:

• is in force for the whole trip;
• covers the vehicle when it is driven, with your permission, by someone not named on the policy, including a driver you have arranged for a delivery; and
• for cross-border trips, covers the vehicle in the destination country. Many South African policies require you to tell your insurer before the vehicle leaves the country.

Please check these points with your insurer before you book. We may ask for your insurer's name and policy number, and a letter from your insurer confirming cross-border cover.

If your vehicle is damaged, stolen or hijacked while in our care, you claim on your insurance and pay any excess your policy requires. We help with the evidence: the photos, records and statements from the trip.

If your insurer turns down the claim because the vehicle was not insured as this section requires, you bear the loss, except where it was caused by our gross negligence or that of our driver.

If your insurer pays your claim and then seeks to recover the amount from us, our responsibility is no greater than it would have been to you under section 13.

In South Africa, injuries to people in road accidents are covered by the Road Accident Fund. Damage to other people's property is a matter for your policy's third-party cover; in other countries, for the third-party insurance bought for the trip (section 4).

We plan to add our own cover as the service grows. When we do, we will update this section, section 13 and our prices. A booking keeps the terms that applied when it was made (section 15).

[Attorney: confirm sections 6 and 13 (no insurance of our own; responsibility limited to the trip price) against the Consumer Protection Act, especially sections 48, 49 and 51. They are in bold at the top of these terms and linked at checkout, with no tick box]

To protect owners, we only collect a vehicle once the customer who booked it is verified. After you pay, we ask you to upload one form of identification (a South African ID or a passport) or, for a company, its registration document and the ID of a director or authorised representative.

Please do this before pickup day. If you are not verified by the pickup time, our driver cannot collect the vehicle and section 9 applies as if you had cancelled on the day. We will try to rebook if you prefer.

When you book you nominate a person to hand the vehicle over at pickup and a person to receive it at drop-off. You can nominate yourself.

After payment we email you two one-time 6-digit PINs, one for pickup and one for drop-off; they are also on your trip page. Pass each PIN only to the person you nominated for it. Our drivers never see the PINs. The driver will only take the vehicle from, and hand it to, the nominated person, and only once that person has given the correct PIN.

At pickup and again at delivery, the driver:

• asks the nominated person to type their 6-digit PIN on the driver's phone (the driver never sees it);
• photographs the outside of the vehicle and its odometer;
• asks the nominated person to sign on the driver's phone (a signature drawn on the screen, not a fingerprint or other biometric); and
• records the location of the handover.

Where there is no mobile signal, as can happen at a border, the driver's phone checks the PIN and keeps the record, and sends it to us as soon as it has signal; we check the PIN again when it arrives.

These records are shown on your trip page. If you see something you disagree with, tell us straight away.

If the nominated person is not there, or cannot give the PIN, the driver keeps the vehicle secure and we contact you. Waiting time beyond 30 minutes, a second delivery attempt, or storage caused by the nominated person being unavailable may be charged at [waiting, second attempt and storage rates], which we will tell you before it is incurred.

The delivery date we give you is our best estimate. Border queues, weather, road closures, police checks and similar events can cause delays. We will keep you informed, but we are not responsible for a delay we could not reasonably prevent.

You can cancel by contacting us. What we refund depends on how much notice you give before the booked pickup time:

If we cancel, for example because no suitable driver is available or it would be unsafe to go ahead, we refund you in full.

Refunds go back to the payment method you used. Card refunds usually show within 5 to 10 working days; EFT refunds can take a little longer.

You can ask to change the date, addresses or vehicle. We will do our best, but a change depends on driver availability and may change the price.

[Attorney: confirm the cancellation charges are reasonable under section 17 of the Consumer Protection Act, and whether the ECTA cooling-off period applies to bookings for a set date]

Please check the vehicle when it is delivered. Report any damage to us within [time to report damage after delivery] of delivery, with photos, at the email address in section 15. We compare your report with the records from pickup and delivery.

We are not responsible for:

• damage or faults that were there before pickup, including those recorded in the pickup photos;
• mechanical, electrical or tyre failure that our driver did not cause, and normal wear from driving, such as minor stone chips;
• personal items or goods left in the vehicle;
• loss caused by the vehicle being unroadworthy, unlicensed or not as described, or by missing documents;
• traffic fines caused by the vehicle's condition or documents (for example an expired licence disc). Fines for driving offences committed by our driver during the trip are ours to deal with.

Our showroom lists vehicles for sale by dealers. ZapZuba does not sell these vehicles and is not part of any sale. The dealer is responsible for the listing, the vehicle and the sale, including your rights as a buyer under the Consumer Protection Act.

We do not inspect listed vehicles and cannot guarantee that a listing is accurate or that a vehicle is still available. Inspect the vehicle and check its history before you buy.

When you send an enquiry, we pass your name, contact details and message to the dealer so they can reply to you, and we keep a copy. See our Privacy Policy.

Dealers list for free for now. We may remove a listing at any time, for example if it is inaccurate or the vehicle has been sold.

• Don't misuse the website: no attempts to break its security, overload it, collect data from it automatically, or use it for anything unlawful.
• The website, its design and content belong to ZapZuba or our licensors. You may use them to use our service, not for anything else.
• Links to other websites are for convenience. We are not responsible for their content.

We are responsible for loss you suffer because we, or our driver, did not deliver the service with reasonable care and skill, subject to this section and section 6.

Except where the law does not allow it, ZapZuba's total responsibility for any one delivery, for all claims about it together, is limited to the price you paid for that delivery. This is because your own insurance covers the vehicle (section 6) and our prices do not include insurance.

We are not responsible for indirect or consequential loss, such as loss of income, profit or the use of the vehicle.

Nothing in these terms limits our responsibility for death or injury, fraud, or loss caused by our gross negligence or wilful misconduct, or that of our driver.

If something goes wrong, contact us first. We will acknowledge your complaint within [days to acknowledge a complaint] and aim to resolve it within [days to resolve a complaint].

If we cannot resolve it, you can refer it to the Consumer Goods and Services Ombud or the National Consumer Commission. These terms are governed by the law of South Africa, and South African courts have jurisdiction.

Company

BrightBroom (Pty) Ltd, registration number 2020/440020/07

Directors

Thando Somacele, Sharon Somacele

Address

0B Cedar Avenue West, Fourways, Randburg, 2191

Email

support@zapzuba.com

Phone / WhatsApp

+27 72 225 1491

Information Officer

Thando Somacele

Deputy Information Officer

Sharon Somacele

We may update these terms. We will show the date of the latest version at the top of this page and tell you of important changes by email. A booking made before a change is governed by the terms that applied when you booked.

If part of these terms is found to be unenforceable, the rest still applies. If we do not enforce a right straight away, we have not given it up.