TERMS AND CONDITIONS & PRIVACY POLICY

Effective Date: 10 January 2026

Company: Famba Group (Pty) Ltd (“Famba”, “we”, “us”, “our”)

Location: Johannesburg, South Africa

1. INTRODUCTION

Welcome to Famba.app. By accessing our website, using our mobile application, or engaging with our Telegram bot services (collectively, the "Platform"), you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the Platform.

These Terms constitute a legally binding agreement between you and Famba Group (Pty) Ltd. Famba operates strictly as a technology aggregator connecting Clients with independent designated driver teams.

2. DEFINITIONS

  • "Client": Refers to any user booking a driver or logistics service through the Platform.

  • "Pilot Driver": The independent contractor dispatched to drive the Client’s personal vehicle.

  • "Escort Partner": The independent contractor operating the support vehicle (e.g., Bajaj Qute) that follows the Client’s vehicle.

  • "Services": Refers to the logistics, driver-for-hire, and tracking services provided by Famba.

3. USE OF SERVICES

3.1. Accuracy of Information You agree to provide accurate, current, and complete information during the booking process. Famba is not responsible for service delays resulting from incorrect addresses or contact details.

3.2. Prohibited Conduct You may not use the Platform for any unlawful purpose, including but not limited to:

  • Harassing Drivers or Escort Partners.

  • Using the service to transport illegal goods.

  • Attempting to bypass the Platform to book drivers directly (off-app).

4. DRIVER, VEHICLE & INSURANCE PROTOCOLS

4.1. Location Tracking & Transparency By using the Platform, both Clients and Drivers acknowledge that real-time geo-location data is collected via the Telegram API. This data is used solely to calculate arrival times, ensure safety, and provide transparency during the active trip.

4.2. Care of Client Vehicle

  • Standard of Care: Drivers agree to treat the vehicle with the utmost respect and care.

  • Prohibited Actions: Drivers are strictly prohibited from smoking, eating, or using mobile phones (except for navigation) while operating a Client's vehicle.

  • Traffic Violations: The Pilot Driver assumes full responsibility for any traffic fines (e.g., speeding, red light) incurred while they are behind the wheel.

4.3. Client Vehicle Requirements & Indemnity (OWNER'S RISK)

  • Client Insurance is Primary: The Client warrants that their vehicle is covered by a valid Comprehensive Insurance Policy that includes "Open Driver" or designated driver coverage. The Client acknowledges and agrees that their own insurance policy shall be the sole and primary cover for any accident, theft, or damage occurring during a Famba trip.

  • Absolute Waiver: Famba Group (Pty) Ltd and its independent contractors (Pilot Drivers) provide this service entirely at the Client’s risk. The Client hereby indemnifies and holds Famba Group (Pty) Ltd harmless against any and all claims, losses, or damages arising from:

    • Any accident or collision involving the Client's vehicle.

    • Rejection of any claim by the Client’s own insurer.

    • Payment of any insurance excess or deductibles.

  • No Assumption of Liability: Famba does not assume liability for any insurance excess payments, vehicle rental costs, or depreciation. The Service is provided on the strict condition that the Client assumes full financial responsibility for their asset.

  • Roadworthiness: The Client warrants that the vehicle is roadworthy (valid license disc, functional lights/brakes/tyres). Famba Drivers reserve the right to refuse service if a vehicle is deemed unsafe.

4.4. Pre-Trip Inspection (Mandatory)

  • The Walkaround: Before the trip commences, the Pilot Driver is required to perform a visual inspection of the Client’s vehicle and upload photos of the vehicle’s condition (Front, Back, Left, Right) to the Famba Operations Log.

  • "No Photos" Rule: It is the Client's responsibility to allow this inspection. Any claim for scratches, dents, or bodywork damage will be automatically rejected if it cannot be verified against the pre-trip photos or if the vehicle was already damaged/dirty to the point where inspection was impossible.

4.5. Driver Qualifications Famba warrants that all Pilot Drivers dispatched to your location meet the following strict criteria:

  • Hold a valid South African Driver’s License with a Professional Driving Permit (PrDP).

  • Possess a minimum of 3 years of active driving experience.

  • Are strictly 23 years of age or older.

  • Have undergone criminal background checks with a verified clear criminal record.

5. PAYMENT, CANCELLATIONS & NO-SHOWS

  • Rates: All rates are quoted in South African Rands (ZAR). Pricing is calculated as: Base Fee + (Per KM Rate).

  • Service Area Limitation: Famba strictly operates within a designated 10km Hub (Sandton, Rosebank, Bryanston). We do not accept bookings where the drop-off location is outside this zone.

  • Driver Waiting Limit: Upon arrival, the Driver Team will wait for a maximum of 15 minutes at the pickup location. We do not charge per-minute waiting fees.

  • No-Show Policy: If the Client has not appeared or cannot be contacted within this 15-minute window, the trip will be automatically classified as a "No Show" and the driver will depart.

  • Cancellation Penalty: In the event of a "No Show," a penalty of 50% of the total trip fee will be charged to cover driver time and displacement costs. The remaining 50% will be refunded to the Client.

  • Refund Policy (Trip Started): Once the driver team has arrived and the trip has commenced (the ride is "in motion"), the service is considered fulfilled. No refunds or cancellations will be accepted after this point, regardless of the trip duration.

  • Cashless Policy: For safety, Famba drivers do not carry cash. All payments must be made via the Platform (Yoco/Card).

6. LIMITATION OF LIABILITY

To the maximum extent permitted by South African law:

6.1. Platform Nature Famba Group (Pty) Ltd acts solely as a technology aggregator and booking platform. We do not own, lease, or maintain the vehicles used by Drivers (unless explicitly stated), nor do we employ Drivers as staff.

6.2. Indemnity You agree to indemnify and hold Famba Group (Pty) Ltd harmless from any claims, losses, or damages arising from:

  • A Client’s failure to maintain valid insurance or roadworthiness.

  • Any traffic accidents, collisions, or vehicle damage occurring during a trip (claims must be directed to the relevant insurance parties).

  • Any misrepresentation of ownership or authority to drive by the Client or Driver.

6.3. Service Interruptions We do not guarantee that the live tracking map or booking system will be uninterrupted or error-free. Signal loss due to load shedding, network coverage, or weather is beyond our control. Famba Group (Pty) Ltd shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Service.

7. PRIVACY POLICY (POPIA COMPLIANCE)

1. INFORMATION WE COLLECT We collect specific personal information required to facilitate our Services:

  • Personal Details: Name, phone number, and Telegram User ID.

  • Location Data: Real-time GPS coordinates (Latitude/Longitude) and timestamps.

  • Usage Data: Booking history, payment records, and device information.

2. HOW WE USE YOUR INFORMATION

  • Service Delivery: To dispatch drivers and allow Clients to track their arrival.

  • Communication: To send booking confirmations, arrival notifications, and operational updates via Telegram or SMS.

  • Safety: To monitor trip progress and ensure driver and client safety.

3. DATA SHARING AND THIRD PARTIES We do not sell your personal data. However, to operate our tech stack, data is processed by the following third-party sub-processors:

  • Telegram: Used as the interface for driver location sharing.

  • Cloudflare: Used to host our secure database and process location signals.

  • Glide: Used to host the user interface.

  • Make.com: Used for backend automation.

  • Yoco: Used for secure payment processing.

4. DATA RETENTION

  • Live Location Data: High-frequency GPS data is retained only for the duration of the active trip plus a short historical period (48 hours) for dispute resolution.

  • Booking Records: Retained for 5 years as required by South African tax and record-keeping laws.

5. YOUR RIGHTS Under POPIA, you have the right to request access to your data, request correction of inaccurate data, or request deletion (subject to legal record-keeping requirements). To exercise these rights, please contact us.

6. CONTACT US

Famba Group (Pty) Ltd

Email: go@famba.app

Website: www.famba.app