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Terms of Service

The agreement between you and Detour for access to the Detour Platform and the Detour Services.

YOU NEED TO READ THESE TERMS CAREFULLY BEFORE MAKING USE OF THE DETOUR SERVICES. YOUR CONTINUED USE OF THE DETOUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND ACCEPTED THESE TERMS AND CONDITIONS. YOU CANNOT USE THE DETOUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. ALL SECTIONS OF THESE TERMS AND CONDITIONS ARE APPLICABLE TO YOU.

1. BACKGROUND INFORMATION

  • The entity entering into these Terms and Conditions is Detour Holdings t/a Detour Limited (Pty) Ltd, a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa, with registration number 2025/819492/07 ("Detour", "we", "us", and "our").
  • Detour and its Affiliates offer the Detour Services through the Detour Platform, where applicable. By accepting these Terms and Conditions, you will be granted access to the Detour Platform, which is provided by us.
  • These Terms and Conditions are entered into between you, as the Driver, and us.
  • You will only become eligible to access and use the Detour Services once you have accepted these Terms and Conditions and completed the Detour onboarding process. Where you access the Detour Services through a Fleet Partner, your eligibility is in addition subject to a valid Agreement between that Fleet Partner and us being in force.
  • These Terms and Conditions are to be read together with the Detour Terms and Conditions governing the Detour drive wallet and payroll advance service, and with the Privacy Policy, both available on the Website.

2. ACCEPTANCE OF THESE TERMS AND CONDITIONS

You will be deemed to have accepted and agreed to be bound by these Terms and Conditions by completing the Detour online onboarding process, which requires you to actively review and acknowledge these Terms and Conditions, including by ticking or selecting the designated comment box indicating "I agree" or "I accept," and thereafter clicking "Submit" or taking such other required action. You acknowledge and agree that you will not be granted access to, or permitted to use, the Detour Platform or any of the Detour Services unless and until you have completed this acceptance step in full.

3. CROSS-BORDER DATA TRANSFERS

  • You acknowledge and agree that, in order for us to perform the Detour Services, it may be necessary for us to transfer your personal information to jurisdictions outside of South Africa, including (without limitation) the United States of America and countries within the European Union.
  • Such transfers shall take place strictly in accordance with the Data Protection Laws, and on the basis that the transfer is necessary for the conclusion or performance of a contract concluded in the interest of you as the data subject, as contemplated in Section 71(1)(d) of the Protection of Personal Information Act, 4 of 2013.
  • You acknowledge and agree that your personal information may be transferred to, stored in, or otherwise processed in jurisdictions that do not provide the same level of data protection as South Africa. While we will take appropriate steps to ensure that your personal information remains safeguarded, you understand that such jurisdictions may not have equivalent laws regulating the collection, use, and disclosure of personal information, and that this may result in reduced legal protections and/or limitations on your ability to enforce your rights.
  • We shall provide your personal information to Detour Service Partners solely to the extent necessary for them to provide the Partner Services to you, subject always to their compliance with the Data Protection Laws and any additional safeguards required under these Terms and Conditions.

4. INTERPRETATION

  • Reference to "you" or "your", means you, as the Driver.
  • Unless expressly stated otherwise, references to "business day" or "business days" means any day (other than a Saturday, Sunday, or public holiday) when banks are generally open for business in South Africa. For these Terms and Conditions, the determination of a "business day" is based on official business days in South Africa.
  • Reference to a person means any individual, body corporate, association, partnership, firm, trust, organisation, joint venture, government, authority, agency or other entity.
  • Reference to a statute or statutory provision includes any subordinate legislation made under it and any modifications, amendments, extensions, consolidations, re-enactments or replacements from time to time.
  • References to the singular include the plural, and vice versa.
  • References to a gender include every gender.
  • Reference to writing includes e-mail and similar means of communication.
  • References to "clauses" and "paragraphs" are to clauses and paragraphs of these Terms and Conditions, as the context requires.
  • A reference to a "party" or the "parties" means you and/or us as the context requires.
  • The words "include", "includes", "including", "in particular" or any similar words are for illustration or emphasis only and are not intended to limit the meaning or generality of the related words.

5. DEFINITIONS

  • Affiliate: In relation to a company, any holding company of it and any subsidiary or subsidiary undertaking of any such holding company.
  • Agreement: The agreement, including all annexures, appendices, and/or schedules, entered into between Detour and a Fleet Partner, which governs the provision of services by Detour to that Fleet Partner and enables the Driver’s access to and use of the Detour Services in accordance with these Terms and Conditions, where the Driver accesses the Detour Services through a Fleet Partner.
  • API Documentation: Any information, documentation, rules, guidance, approach documents, processes and procedures which we make available to you from time to time in respect of the Detour API.
  • Applicable Law/s: Any laws, regulations, regulatory constraints, obligations or rules applicable to these Terms and Conditions and/or the performance of a party’s obligations (including binding codes of conduct and statements of principle), interpreted where relevant in accordance with guidance or similar documents published by any Regulatory Authority.
  • Confidential Information: The terms of these Terms and Conditions and any information, excluding personal information, that is confidential and/or competitively sensitive, obtained by one party in relation to the other party, the other party’s business, service providers, clients, End-Users, Fleet Partners, Detour Service Partners, or customers, whether disclosed before or after the date of these Terms and Conditions, in any form or medium, in connection with these Terms and Conditions.
  • Data Protection Laws: All applicable data protection and privacy laws in force from time to time in South Africa, including the Protection of Personal Information Act, 4 of 2013, and any other laws or regulations relating to the protection of personal information applicable to the processing activities contemplated under these Terms and Conditions.
  • Detour / We / Us / Our: Detour Holdings t/a Detour Limited (Pty) Ltd, registration number 2025/819492/07.
  • Detour API: The application programming interface described in the API Documentation that allows you to connect to the Detour Platform.
  • Detour Platform: The online platform, systems, and related technology provided or made available by Detour (including interfaces, portals, or applications) through which the Detour Services are accessed, used, or provided to you.
  • Detour Services: All services that Detour may provide to you from time to time under these Terms and Conditions, including any Partner Services provided through the Detour Service Partners, as set out in Annexure "A".
  • Detour Service Partners: Third-party service providers engaged by Detour to provide the Partner Services, including Silicon Capital (Pty) Ltd as Third-Party Payment Processor and Nedbank Limited as the sponsoring bank.
  • Detour Service Partner Agreement: Any separate agreement entered into between you and one or more Detour Service Partners, as applicable.
  • Driver: You, being an individual who has completed the Detour onboarding process and is granted access to and use of the Detour Services in accordance with these Terms and Conditions, whether independently or through a Fleet Partner.
  • Fees: The amounts payable by you for the Detour Services, as communicated to you for the relevant Detour Service and as displayed in the Detour Platform.
  • Fleet Partner: Where applicable, the fleet operator, employer or other entity that has entered into the Agreement with Detour and through which you access the Detour Services.
  • Force Majeure Event: Circumstances beyond the reasonable control of the affected party, including riot, civil unrest, war, act or threat of terrorism, disaster, earthquake, extraordinary storm, lock-out or other industrial dispute, public internet failure, or changes in Applicable Law, to the extent such circumstances materially affect performance.
  • Good Industry Practice: The degree of skill, diligence, prudence and foresight reasonably expected of a skilled and experienced operator engaged in a similar undertaking under similar circumstances.
  • Intellectual Property Rights: Trademarks, service marks, trade names, logos, patents, design rights, copyrights, database rights, know-how and other proprietary rights worldwide, including registrations, applications and extensions.
  • Loss / Losses: Loss, liability, damage, cost, claim or expense of any kind.
  • Partner Services: Services provided to you by the Detour Service Partners, facilitated through the Detour Services.
  • Personnel: In respect of either party or that party’s Affiliates, their directors, officers, employees, consultants, agents, servants, contractors and such persons of their sub-contractors.
  • Policies: Policies, procedures, standards, guidelines, codes of conduct, or similar documents issued, adopted, or implemented by Detour from time to time, notified or made available to you, and applicable to your access to and use of the Detour Services.
  • Privacy Policy: Detour’s privacy policy available on our Website.
  • Regulatory Authority: A regulatory authority with jurisdiction over one or both of the parties, the Detour Service Partners and the Detour banking partners regarding the Detour Services and Partner Services or performance under these Terms and Conditions.
  • South Africa: The Republic of South Africa.
  • Terms and Conditions: These terms and conditions, including all clauses, schedules, annexures, appendices, and any documents expressly incorporated by reference.
  • Website: https://detour.africa/

6. YOUR OBLIGATIONS

  • Fulfil all obligations and responsibilities set out herein in order to receive the Detour Services and for us to perform our obligations.
  • Use the Detour Services solely for the purposes contemplated in these Terms and Conditions.
  • Comply at all times with Applicable Laws and obtain/maintain all necessary authorisations and consents required to perform your obligations.

7. DETOUR OBLIGATIONS

  • Use reasonable endeavours to cooperate with you as reasonably requested, including providing timely support and necessary information and/or documentation.
  • Perform the Detour Services in accordance with these Terms and Conditions.
  • Use suitably skilled and experienced Personnel in sufficient numbers to fulfil our obligations.

We will strive to ensure that we:

  • Have all necessary permits, licences, authorisations and consents to perform the Detour Services.
  • Perform the Detour Services with the level of care, skill and diligence in accordance with Good Industry Practice.
  • Comply with Applicable Law.

8. FEES

  • You are responsible for paying the Fees for the Detour Services in accordance with these Terms and Conditions.
  • Applicable Fees will be communicated to you for the specific Detour Service and may be updated from time to time in accordance with these Terms and Conditions.
  • We will process and deduct the applicable Fees at the same time we execute the relevant transaction for you.

9. AMENDMENTS

  • We may update the Detour Services and these Terms and Conditions at any time in our sole discretion by providing you with 30 (thirty) days’ notice, except for:
    • Updates that do not have a material adverse impact to the Detour Services/Detour Platform and/or are operationally or technically critical (including emergency maintenance);
    • Changes to the API Documentation; and/or
    • Changes required for us to comply with Applicable Laws or a mandatory direction of a Regulatory Authority.
  • In such exceptions, we shall take steps to provide you with as much prior notice as reasonably practicable.

10. SUSPENSION OF DETOUR SERVICES

We may immediately suspend some or all of the Detour Services, including access to the Detour Platform, where we consider it necessary or appropriate, including where:

  • Continuing to provide the Detour Services would pose a security, financial crime or legal risk to us or a Detour Service Partner.
  • We reasonably suspect unlawful or improper use of the Detour Services.
  • You have provided materially incorrect or inaccurate information and/or documentation that would reasonably justify suspension.
  • You fail to adhere to any Applicable Law, the Policies, and/or any requirement imposed by a Regulatory Authority or law enforcement authority.
  • We are directed to do so by a Regulatory Authority or law enforcement authority.
  • We are required to do so by a Detour Service Partner.
  • We reasonably suspect that you have failed to comply with these Terms and Conditions and such failure has a materially adverse impact on us or any of the Detour Services.
  • You may cause us to breach any of our agreements with a Detour Service Partner.
  • You have failed to make payment of any outstanding amounts due to us under these Terms and Conditions.

11. CONFIDENTIAL INFORMATION

  • Each party shall keep confidential and prevent unauthorised access to, use or disclosure of Confidential Information, and will not copy, disclose, reproduce or use the other party’s Confidential Information, except to the extent:
    • Disclosure is to a party’s Personnel, professional advisors, potential financiers, or Detour Service Partners, to the extent necessary to perform or receive the Detour Services, provided such recipients are subject to equivalent confidentiality obligations and the disclosing party remains liable for their acts/omissions;
    • Disclosure is required by law, regulation, court order or other civil proceedings (with prompt notice to the other party where permitted by law); or
    • After the Confidential Information becomes publicly available other than due to a breach of this clause.
  • Confidential Information will be used solely to exercise rights or perform obligations under these Terms and Conditions.

12. INTELLECTUAL PROPERTY

  • Each party retains ownership over its respective pre-existing Intellectual Property Rights (for Detour this includes IPRs in the Detour Services).
  • We grant you a non-exclusive, non-transferable, non-sub-licensable worldwide licence to use our IPRs in the Detour Services solely to the extent necessary for you to receive and use the Detour Services, in accordance with these Terms and Conditions.
  • You grant us a non-exclusive, royalty-free, worldwide, sub-licensable licence to use your IPR in data and materials you provide to us to the extent necessary for us to perform our obligations.
  • You grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, transferable and sublicensable right to use, modify and reproduce ideas, suggestions, comments, input, recommendations or enhancement requests you provide regarding the Detour Services.
  • Unless otherwise permitted, you will not:
    • Use our IPRs for any purposes other than those licensed hereunder;
    • Modify, copy, create derivative works from, disclose, distribute, reverse engineer, reverse compile, disassemble or otherwise use our IPRs (or assist others to do so);
    • Remove or alter copyright, trademark, or other IPR notices on or relating to our or third parties’ IPRs appearing in any Detour Services;
    • Circumvent, disable or interfere with security features or features that enforce limitations on use of our IPRs;
    • Distribute, copy, rent, lease, sublicence, assign, transmit, sell or transfer our IPRs or your rights therein;
    • Violate or abuse password protections governing access to our IPRs;
    • Interfere or attempt to interfere with the integrity or proper working of our IPRs;
    • Use our IPRs in any unlawful manner or in breach of these Terms and Conditions; or
    • Use our IPRs to conduct comparisons, competitive analysis, penetration testing, vulnerability assessment or other benchmarking without our prior written consent.
  • Each party agrees to notify the other in writing as soon as reasonably possible of any breach or suspected breach of this clause.

13. DATA PROTECTION

  • For this clause, the lowercase terms "personal information" and "process" have the meanings set out in the Data Protection Laws.
  • Please refer to our Privacy Policy for information on how we process personal information in connection with these Terms and Conditions. The Privacy Policy is deemed incorporated into and forms part of these Terms and Conditions.

14. LIABILITY AND DISCLAIMERS

  • Nothing in these Terms and Conditions limits your obligations to fulfil your payment obligations in relation to transactions performed using the Detour Services; you remain liable to us where we fulfil them on your behalf.
  • We are responsible and liable to you for Losses arising from our fraud, wilful default or gross negligence; otherwise, we are not liable to you in connection with actions or omissions relating to the performance or contemplated performance of these Terms and Conditions.
  • While we make reasonable efforts to ensure that information provided through the Detour Services is accurate, reliable and up to date, all information is provided "as is".
  • Detour makes no warranties, representations, guarantees or conditions of any kind, express or implied, regarding the Detour Services and specifically disclaims, to the maximum extent permitted by law, all implied warranties including merchantability, fitness for a particular purpose and non-infringement.
  • No technology platform or internet transmission can be guaranteed entirely secure or free from error, vulnerabilities, malware or hacking attempts.
  • Detour does not warrant that the Detour Services will be completely secure, uninterrupted, error-free or free of viruses or other harmful components.
  • Detour is not liable for Losses arising out of or in connection with any cyber incident (including unauthorised access, denial of service, malware, phishing, or data breaches), unless directly caused by Detour’s gross negligence, fraud or wilful misconduct.

15. FORCE MAJEURE AND INTERRUPTION EVENTS

  • Neither party shall be liable for failure or delay in performing obligations (except payment of Fees) for so long as, and to the extent that, performance is prevented, hindered or delayed by a Force Majeure Event.
  • The affected party shall promptly notify the other in writing of the start of the Force Majeure Event (no later than 10 days after becoming aware) and use reasonable endeavours to limit its effect on performance.

16. DOMICILIUM AND NOTICES

  • Notices for the attention of Detour shall be sent to Inospace - Olympia Works, 13 Olympia Street, Eastgate, Sandton, 2090.
  • Notices for your attention shall be sent to the email address you provided at onboarding.
  • Any notices relating to the service of proceedings or other documents by you to us in any legal action shall be sent by registered post or courier to: Inospace - Olympia Works, 13 Olympia Street, Eastgate, Sandton, 2090, with a copy emailed to the Detour legal team at support@detour.africa.
  • When we provide updates, servicing messages or other notifications regarding these Terms and Conditions, the Detour Platform, the Detour Services or a Detour Service Partner’s services, you must comply and respond and/or act as necessary.
Address
Inospace - Olympia Works, 13 Olympia Street, Eastgate, Sandton, 2090

17. PARTNER SERVICES

  • The Partner Services are provided to you by the Detour Service Partners and are facilitated through the Detour Services.
  • Your access to and use of the Partner Services may be subject to a Detour Service Partner Agreement between you and the relevant Detour Service Partner. You are responsible for reviewing, accepting, and complying with those terms.
  • We do not control, endorse, or assume responsibility for the Partner Services. Detour Service Partners are solely responsible for the provision, quality, and performance of the Partner Services.
  • We may share your personal information with Detour Service Partners to the extent necessary for them to provide the Partner Services to you, in accordance with clause 3 (Cross-Border Data Transfers).
  • We provide no warranties or guarantees in respect of the Partner Services, and our liability in connection with the Partner Services is limited to the maximum extent permitted by law and these Terms and Conditions.

18. GENERAL

  • These Terms and Conditions are governed by the laws of South Africa. Any dispute shall be referred to and finally resolved by Arbitration under the AFSA Rules. The seat of arbitration is Johannesburg, South Africa. The language is English. The tribunal shall consist of a sole arbitrator.
  • We may assign, transfer or novate our rights and obligations under these Terms and Conditions to any third party. You may not do so without our prior written consent.
  • These Terms and Conditions (including schedules/annexes and documents expressly incorporated by reference) constitute the entire agreement and supersede all previous drafts, agreements, arrangements, understandings, or representations relating to the subject matter. Each party acknowledges it does not rely on statements not set out herein.
  • Failure to insist upon strict performance or to exercise any right or remedy shall not constitute a waiver. No waiver is effective unless expressly stated in writing.
  • No partnership, joint venture, employment or agency relationship is created. Detour shall at all times be your service provider and neither party may bind the other without express prior written consent.
  • Neither party shall hold itself out to be an employee, agent or representative of the other.
  • If any provision is held invalid or unenforceable in whole or part, it shall be severable to that extent and the validity of the remainder shall not be affected. If the severed provision is fundamental, the parties will negotiate in good faith to remedy or amend to give effect to its purpose.

ANNEXURE A - DETOUR SERVICES: 19. OVERVIEW

  • This Annexure sets out the Detour Services that we may provide to you, as the Driver.
  • Where you elect to opt-in for a Detour Service, these Terms and Conditions accepted by you will govern the provision of that Service.

20. DETOUR SERVICES TO DRIVERS

The following is a list of Detour Services that we may provide to you, as the Driver. The provisioning of such Services shall be governed by the Terms and Conditions accepted by you as the Driver:

  • Earned Wage Access: Controlled access to a payroll advance against your completed rides or deliveries before payday, subject to approval and your applicable limit.
  • Detour Digital Wallet: A digital wallet in which approved advances are made available to you, and from which you can transact.
  • Cash-Out: Withdrawal from your wallet to your own registered bank account, or by voucher redeemable at Nedbank ATMs and participating retail partners.
  • Vehicle Subscription: Access to a vehicle on a weekly subscription, where you do not own a vehicle of your own.
  • Drive to Own: A vehicle arrangement under which payments contribute towards eventual ownership.
  • Fuel Line: Access to fuel on credit, recovered from your earnings.
  • Value-Added Services: Purchase of airtime, data, prepaid electricity and similar products from your wallet balance.
  • Merchant Payments: Payment for goods and services from merchants participating in the Detour network.

Not every Detour Service is available to every Driver, and availability may depend on your city, your platform, your subscription and the outcome of our assessment. Fees for each Detour Service are communicated to you before you opt in and are displayed in the Detour Platform.

21. NEW DETOUR SERVICES

  • From time to time, we may develop or make available additional products, features, or services not listed in this Annexure ("New Services").
  • We shall notify you in writing of any New Services, including a description, applicable Fees, and any specific terms governing its provision.
  • You may opt-in for any New Service by providing written confirmation to us. Upon such election, the New Service will be deemed incorporated into these Terms and Conditions, together with any additional terms agreed in writing between the parties.