Driver Partner Terms & Conditions

1Introduction & Scope

1.1 This agreement governs the relationship between HmperCo (Pty) Ltd, registration number 2019/474625/07 ("HmperCo"), and any individual or entity engaged to perform collection or delivery services on HmperCo's behalf ("Driver Partner", "you").

1.2 By completing onboarding and accepting a delivery or collection assignment through HmperCo's Driver Partner app or process, you agree to be bound by this agreement.

2Legal Framework

• National Road Traffic Act 93 of 1996 — governs vehicle roadworthiness, licensing, and lawful conduct on public roads, which you must comply with at all times while performing deliveries.
• National Land Transport Act 5 of 2009 — governs the lawful operation of vehicles used for reward (including operating licence requirements where applicable to your vehicle class).
• Protection of Personal Information Act 4 of 2013 ("POPIA") — governs your handling of customer personal information (names, addresses, contact numbers) encountered during deliveries.
• Basic Conditions of Employment Act 75 of 1997 and Labour Relations Act 66 of 1995 — do not apply to the extent you are engaged as a genuine independent contractor under clause 3; however, HmperCo will apply the substance-over-form test recognised in South African labour law and will not structure the relationship to disguise an employment relationship.
• Compensation for Occupational Injuries and Diseases Act 130 of 1993 ("COIDA") — applies only where you are found to be an employee rather than an independent contractor; as an independent contractor you are responsible for your own insurance, including personal accident cover.
• Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 — governs safe handling and transport of food items you deliver.
• Income Tax Act 58 of 1962 — you are responsible for your own tax affairs as an independent contractor, including registration with SARS where required.

3Independent Contractor Status

1. You perform services as an independent contractor and not as an employee, worker, or agent of HmperCo, save where the parties expressly agree otherwise in writing.
2. You are free to accept or decline individual delivery assignments, may use your own vehicle and equipment, are responsible for your own tools, fuel and vehicle maintenance costs, and may (subject to any exclusivity you separately agree to) perform similar services for other operators.
3. You are responsible for your own tax registration and payment (including provisional tax, where applicable) and for any VAT registration required if your turnover exceeds the statutory threshold.
4. Nothing in this agreement entitles you to leave pay, notice pay, or any other benefit reserved for employees under the Basic Conditions of Employment Act.

4Application, Onboarding & Verification

4.1 To become a Driver Partner you must complete HmperCo's application process, including identity verification, a valid driver's licence appropriate to your vehicle, proof of vehicle ownership or authorisation to use the vehicle, and banking details for payment.

4.2 Where lawful and with your consent, HmperCo may conduct background screening (for example, a criminal record check relevant to the safety of deliveries) through an accredited provider, in accordance with POPIA and the National Register for Sex Offenders Act where applicable to the nature of deliveries.

4.3 HmperCo may decline or suspend onboarding where verification cannot be completed, documentation is invalid or expired, or the application does not meet HmperCo's safety and eligibility criteria.

5Vehicle, Licence & Insurance Requirements

1. Your vehicle must be roadworthy, licensed, and appropriately insured (at minimum, third-party cover; comprehensive cover is strongly recommended and may be required for certain delivery categories) at all times you perform deliveries.
2. Your driver's licence must be valid, unexpired, and appropriate for your vehicle class, and must remain in good standing (not suspended or under prosecution for a disqualifying offence) throughout your engagement.
3. You must notify HmperCo immediately if your licence, vehicle registration, or insurance lapses, is suspended, or is cancelled.

6Delivery Duties & Conduct

6.1 You must collect, transport and deliver Orders professionally, safely, and within the timeframe reasonably indicated by the HmperCo app, complying with all applicable road traffic laws.

6.2 You must treat customers, HmperCo staff, and members of the public courteously and must not engage in harassment, discrimination, or abusive conduct.

6.3 You must not deviate from the assigned delivery for personal errands in a way that causes unreasonable delay, and must report any inability to complete a delivery promptly through the app.

7Proof of Delivery, GPS & Data

You must capture proof of delivery as required by the app (OTP, signature, and/or photograph) for each completed delivery. GPS location data is logged during active deliveries for safety, dispute-resolution, and service-quality purposes, in accordance with the Privacy Policy. You must handle any customer personal information you access (name, address, contact number) strictly for the purpose of completing the delivery and must not retain, share, or use it for any other purpose, consistent with your obligations as an operator under POPIA.

8Food Handling & Cold Chain

Where you transport food, meat, frozen, chilled or fresh-produce items, you must maintain the packaging and cold-chain integrity provided by HmperCo, avoid unnecessary delay, and not open, tamper with, or consume any part of an Order, consistent with the Foodstuffs, Cosmetics and Disinfectants Act.

9Prohibited Conduct, Theft & Fraud

You must not: falsify proof of delivery; claim a delivery as complete when it is not; tamper with, damage, or steal any part of an Order; solicit payment from customers outside the Platform; or misuse customer data. Any of the above is treated as a material breach and may result in immediate suspension or termination under clause 12, and may be reported to the South African Police Service where a criminal offence is reasonably suspected.

10Damage, Accidents & Incidents

10.1 Report any accident, injury, or incident occurring during a delivery to HmperCo as soon as safely possible, and to the South African Police Service where required by the National Road Traffic Act (for example, in the case of a collision causing injury or significant damage).

10.2 Where an Order is damaged due to your negligence, HmperCo may recover the reasonable cost of the damaged goods from amounts otherwise payable to you, provided this is communicated to you with supporting evidence.

11Payment, Fees & Deductions

11.1 You are paid per completed delivery (and, where applicable, incentive payments) at the rate disclosed to you at onboarding or as updated from time to time with reasonable notice.

11.2 Payments are made to your registered bank account on the payment cycle communicated to you. Lawful deductions (for example, confirmed damage/loss under clause 10.2, or amounts recovered following confirmed fraud under clause 9) will be itemised and communicated to you.

11.3 You are responsible for declaring and paying your own income tax on amounts earned; HmperCo will issue any tax certificate required by law (for example, an IT3(a) or equivalent, where applicable) but does not withhold PAYE for independent contractors.

12Suspension, Termination & Appeals

12.1 HmperCo may suspend or terminate your access to the Driver Partner app for breach of this agreement, safety concerns, poor service-quality metrics after fair warning, expired documentation, or suspected fraud or theft.

12.2 Either party may terminate this agreement on reasonable written notice where no specific notice period has been separately agreed.

12.3 If you believe a suspension or termination was made in error, you may appeal in writing to info@hmperco.co.za within 10 business days, providing your reasons; HmperCo will review and respond within a reasonable time.

13Branding, Uniforms & IP

Any HmperCo branding, uniform items, or delivery-bag equipment provided to you remains HmperCo's property, must be used only in connection with HmperCo deliveries, and must be returned on request or on termination of this agreement, consistent with the Intellectual Property, Logo & Brand Policy.

14Data Protection & POPIA

Your own personal information (submitted at onboarding) is processed by HmperCo in accordance with the Privacy Policy. Where you process customer personal information in the course of a delivery, you act as an operator on HmperCo's behalf for purposes of POPIA and must apply appropriate security safeguards and use that information only for completing the delivery.

15Contact Details