Driver Agreement (Terms & Conditions)

This agreement is concluded between:

• My Symbiosis Pty Ltd (registered in the Republic of South Africa), referred to as "My Symbiosis", "we", "us" or "our"; and
• the natural person registering a driver profile on mysymbiosis.co.za, referred to as "you", "the Driver" or "your".

"Client Company" means any third-party business that uses our platform to identify and contract drivers. "POPIA" means the Protection of Personal Information Act, 4 of 2013. "NRTA" means the National Road Traffic Act, 93 of 1996. "BCEA" means the Basic Conditions of Employment Act, 75 of 1997.

By applying you warrant and confirm that:

• You are a natural person of at least 21 years of age.
• You are a South African citizen, permanent resident, or hold a valid visa and work permit entitling you to render driving services in the Republic.
• You hold a current, unexpired South African driving licence of the code appropriate to the role you are applying for, and where required by the NRTA, a valid Professional Driving Permit (PrDP).
• You have not been disqualified from holding a driving licence by any court of law and you are not subject to any conviction that would render you unfit for a Professional Driving Permit.

My Symbiosis operates a verification and matching platform. We do not, by virtue of you applying or being approved, become your employer. Any employment, fixed-term, or independent-contractor relationship that may arise between you and a Client Company is governed by the contract you sign directly with that Client Company, and by the BCEA, the Labour Relations Act 66 of 1995, and other applicable South African labour legislation.

• Provide accurate, complete and current information. Submitting a forged or altered ID or driving licence is a criminal offence under the NRTA and the common law of fraud.
• Notify us within 7 days if your licence is suspended, your PrDP expires, or you are charged with a moving violation or offence involving dishonesty.
• While performing services for any Client Company introduced through our platform, comply with the NRTA, the relevant Operating Licence conditions, applicable load restrictions, and rest-hour rules.
• Maintain a professional standard of conduct and treat passengers, cargo and members of the public with respect.

You authorise My Symbiosis to verify the documents and information you submit. This may include, where lawfully permitted:

• cross-checking your ID with the Department of Home Affairs Population Register;
• cross-checking your driving licence and PrDP with the National Traffic Information System (eNaTIS);
• confirming the existence of any criminal record relevant to a Professional Driving Permit through SAPS or accredited verification partners.

Where third parties are involved, your data is shared only to the extent strictly required and under written agreements protecting your information.

Application, verification, and profile listing are free of charge to drivers. We are remunerated by Client Companies and we will never ask you to pay an upfront fee to be approved or matched. Anyone purporting to act on our behalf and demanding a fee is committing fraud — please report them immediately to fraud@mysymbiosis.co.za.

The My Symbiosis brand, design, source code and database are our property and protected under the Copyright Act 98 of 1978 and the Trade Marks Act 194 of 1993. You may use the platform only for the purpose of applying for and managing driving work; you may not scrape, resell, or interfere with the platform.

My Symbiosis is a matching service. We make no guarantee that any particular Client Company will offer you work, that work offered will continue, or that earnings will reach a particular level. To the maximum extent permitted by South African law, our liability to you under or in connection with this agreement is limited to direct damages and capped at R5 000. Nothing in this clause limits liability for fraud, gross negligence, or any other liability that cannot lawfully be limited.

Where the Consumer Protection Act 68 of 2008 applies to this agreement, nothing in these terms is intended to limit any unalienable right that the Act confers on you. Specifically, you are entitled to a 5-business-day cooling-off period for direct-marketing-initiated agreements.

You may close your profile at any time by emailing hello@mysymbiosis.co.za or using the deletion option in your dashboard. We may suspend or terminate your profile if you breach this agreement, if you provide false information, or if you become legally disqualified from driving.

This agreement is governed by the laws of the Republic of South Africa. The parties consent to the jurisdiction of the Magistrate's Court (notwithstanding that the amount in dispute may exceed the Court's jurisdiction) and to the High Court of South Africa, Gauteng Division, Johannesburg. Before approaching a court, the parties will attempt to resolve the dispute in good faith and, failing that, by mediation under the Rules of the Arbitration Foundation of Southern Africa (AFSA).

We may update these terms from time to time to reflect changes in law or our service. Material changes will be notified to you by email and will take effect 14 calendar days after notification. Continued use of the platform after the effective date constitutes acceptance.

My Symbiosis Pty Ltd
Registered in the Republic of South Africa
Email: hello@mysymbiosis.co.za
Complaints: complaints@mysymbiosis.co.za

For privacy-related complaints, see our Privacy Policy and POPIA notice. You may also lodge a complaint with the Information Regulator (South Africa).