Terms of Service

DRAFT (revamp 2026-07) — for SA attorney review only. Not legal advice. Not for publication.
All statutory references in this draft are indicative and must be verified by counsel against the current text of each Act before any reliance or publication.
Placeholders marked [TBD: …] require factual confirmation. Items marked [ATTORNEY-REQUIRED: …] require legal advice before this document may be finalised or published.

These Terms of Service ("Terms") govern your access to and use of the eRunna mobile applications, websites, and related services (together, the "Services"). By registering an account or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and all policies incorporated herein by reference.

These Terms are written in plain language as required by section 22 of the Consumer Protection Act 68 of 2008 ("CPA"). If any provision is unclear, please contact us before using the Services.

1. Who we are — corporate identity disclosure

The following information is disclosed in accordance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"):

• Registered legal name: eRunna (Pty) Ltd
• Trading as: eRunna
• Company registration number: [TBD: registration number as issued by the CIPC]
• Office bearers / directors: [TBD: full names of current directors as per CIPC records]
• Registered physical address: [TBD: registered address as per CIPC — note that 1 Wedgewood Link Rd, Bryanston, Johannesburg, Gauteng 2191 appears in the footer; confirm whether this is the registered address or a correspondence address]
• Domicilium citandi et executandi (domicile for legal service): [TBD: same as registered address or a separately nominated address — confirm with attorney]
• Primary correspondence / support address: 1 Wedgewood Link Rd, Bryanston, Johannesburg, Gauteng 2191 (by appointment only; no public walk-ins)
• Email: info@erunna.app
• Telephone: 010 140 6554
• Parent / shareholder: BIX Technology [TBD: full registered name and registration number]
• VAT registration number: [TBD: VAT registration number, or confirm if not yet registered]
• Information Officer (POPIA): [TBD: name and contact details of the designated Information Officer registered with the Information Regulator]

ECTA s43(2) notice: Where these Terms constitute an agreement for the supply of goods or services to a consumer entered into by electronic communication, and full compliance with section 43(1) is not achieved, a consumer may be entitled to cancel the agreement without penalty within the statutory cooling-off period [ATTORNEY-REQUIRED: confirm citation — the ECTA cooling-off / cancellation period and its precise length (stated in an earlier draft as fourteen (14) days) must be verified by counsel against the current text of ECTA before publication] of concluding it by written notice to info@erunna.app. This cancellation right is in addition to any rights under the CPA.

2. Eligibility and accounts

• You must be at least 18 years old to use the Services. By registering, you confirm that you are 18 or older.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must provide accurate, complete, and up-to-date information during registration and must update it promptly if it changes.
• One person may not hold multiple active customer accounts. We may merge or close duplicate accounts.
• Accounts are personal and non-transferable. You may not allow another person to use your account.

3. Platform nature — marketplace intermediary

• eRunna operates a technology marketplace that connects customers with runners (courier/errand persons) and merchants. We facilitate the connection; we do not ourselves provide delivery or courier services.
• Runner classification: [ATTORNEY-REQUIRED: Runner employment-vs-independent-contractor classification — this is an existential legal question. The current platform model treats runners as independent contractors. However, the correct classification under South African labour law (Labour Relations Act 66 of 1995; Basic Conditions of Employment Act 75 of 1997; and the statutory presumption of who is an employee [ATTORNEY-REQUIRED: confirm citation — an earlier draft attributed this presumption to section 200A of the LRA; the applicable presumption-of-employment provision(s) and their current wording must be verified by counsel]) must be confirmed by counsel. This document must not assert a classification that has not been legally verified. The attorney must advise on: (a) whether the presumption of employment applies; (b) what contractual and operational measures, if any, support independent-contractor status; (c) what disclosure obligations exist; and (d) what the consequences of misclassification are. Until attorney sign-off, do NOT publish any statement purporting to definitively classify runners as employees or independent contractors.]
• Merchants list their goods and services on the platform independently. eRunna is not the seller of record for merchant goods unless expressly stated.
• Estimated delivery times and prices are generated algorithmically and are not guarantees.

4. Pricing, payments, and refunds

• Price disclosure (ECTA s43 / CPA): The total price payable — including the service fee, delivery fee, and VAT (where applicable) — is displayed at checkout before you confirm your order. No additional charges are applied without your prior consent.
• Prices are shown in South African Rand (ZAR) inclusive of VAT at the applicable rate unless expressly stated otherwise.
• Payments are processed by [TBD: payment service provider — currently Paystack; confirm full registered entity name] ("Payment Processor"). By placing an order, you authorise us to charge your selected payment method. We do not store full card numbers; payment credentials are tokenised by the Payment Processor.
• Refunds are governed by the Refunds & Payments Policy and your rights under the CPA (including but not limited to section 56 implied warranty of quality for goods, and section 17 right to cancel advance bookings). Where the CPA applies, it prevails over any more restrictive provision of these Terms.
• CPA s48/49 — unfair terms: Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, warranty, or liability implied or imposed by the CPA that cannot lawfully be excluded, restricted, or modified.

5. Orders, errands, and delivery

• Availability of runners and merchants depends on demand and geographic coverage. eRunna does not guarantee that a runner or merchant will accept your order.
• You are responsible for providing accurate pickup and drop-off addresses and for being available to receive the delivery. eRunna and the runner are not liable for failed deliveries caused by inaccurate information you provide or your unavailability.
• Risk of loss or damage to goods passes to you (as customer) on delivery to the nominated drop-off address.
• You must not request the sourcing, purchase, transport, or delivery of any item that is prohibited, restricted, or listed under the Prohibited & Restricted Items Policy (see clause 9 below and the Prohibited & Restricted Items Policy [TBD: confirm final filename once policy is published]).

6. Using the Services — acceptable use

• Do not use the Services for any unlawful purpose or in a manner that violates these Terms, applicable law, or the rights of others.
• Do not engage in fraud, abuse, misrepresentation, impersonation, or conduct that disrupts or harms other users or the platform.
• Do not reverse-engineer, scrape, or attempt to extract source code, data, or algorithms from the Services.
• Do not attempt to gain unauthorised access to accounts, systems, or data.
• Do not harass, threaten, or discriminate against runners, merchants, or other users.
• Do not attempt to circumvent payment obligations, platform fees, or verification requirements.
• We may suspend or permanently terminate accounts that violate these Terms, and may refer relevant conduct to law-enforcement authorities.

7. Location and device permissions

The app uses foreground and background location data to provide runner matching, live tracking, route optimisation, safety features, and ETA updates. You can withdraw location permissions via your device settings; doing so may limit Service functionality. See the Background Location Disclosure and Privacy Policy for full details.

8. User content and feedback

• You grant eRunna a non-exclusive, worldwide, royalty-free licence to use, display, and reproduce feedback, ratings, and reviews you provide, for the purpose of operating and improving the Services.
• Do not upload or transmit content that is unlawful, infringing, defamatory, harmful, or that violates the rights of any third party.
• You represent that you own or have the necessary rights to any content you submit, and that submitting it does not violate any third-party rights.

9. Prohibited and restricted items — including counterfeit and illicit goods

eRunna operates in and around the Johannesburg Central Business District and wider South Africa. The platform must not be used to facilitate trade in counterfeit, illicit, or prohibited goods. This commitment reflects eRunna's obligations under the Trade Marks Act 194 of 1993, the Counterfeit Goods Act 37 of 1997, and applicable import/export controls, as well as our platform-level policy (ADR 0075 — Prohibited & Restricted Items).

• Absolutely prohibited: You must not use the Services to source, purchase, transport, store, list, advertise, sell, or deliver:
  • counterfeit or trademark-infringing goods of any kind;
  • goods cleared, diverted, or sourced from illicit markets (including but not limited to goods being cleared from enforcement actions in the Johannesburg CBD or similar contexts);
  • illegal firearms, weapons, and controlled substances;
  • goods whose import, export, possession, or sale is prohibited or restricted under South African law;
  • any other items listed as prohibited in the Prohibited & Restricted Items Policy [TBD: confirm final filename once policy is published].
• Restricted items (permitted only where expressly authorised and subject to additional verification): [TBD: consult attorney and operations team on categories requiring conditional access — e.g. alcohol, tobacco, prescription goods — and ensure alignment with applicable licencing laws].
• eRunna reserves the right to refuse, cancel, or reverse any order that we have reason to believe involves prohibited or restricted items, and to suspend or permanently terminate the accounts of users who breach this clause.
• Runners who knowingly transport prohibited items do so in breach of these Terms and potentially in breach of applicable criminal law. Nothing in the platform's terms indemnifies a runner against criminal or civil liability for knowingly transporting prohibited goods.
• Merchants who list prohibited items will have their listings removed and their accounts suspended without notice.
• [ATTORNEY-REQUIRED: Extent of eRunna's civil and criminal liability exposure as an intermediary facilitating the transport of counterfeit or prohibited goods — in particular: (a) whether Counterfeit Goods Act s2 "dealing in" applies to the platform; (b) what "knowledge" standard triggers liability; (c) what notice-and-takedown or proactive screening obligations apply; (d) whether ECTA s78 intermediary liability limitation is available and on what conditions. This clause must be reviewed and approved by counsel before publication.]

10. Anti-money-laundering, financial intelligence, and customer due diligence

[ATTORNEY-REQUIRED: Confirm whether eRunna currently falls within the definition of an "accountable institution" under Schedule 1 of the Financial Intelligence Centre Act 38 of 2001 ("FICA") — and if not, whether planned features (e.g. stored value, payout wallets, merchant settlement) will trigger that status. The obligations below are drafted on the assumption that counsel confirms accountable-institution status or the imminence of such status. Do not publish this clause in a form that overstates eRunna's current regulatory status.]

• Customer due diligence ("CDD"): eRunna may be required, or may elect, to collect and verify identity information about customers, runners, and merchants in accordance with FICA and the Financial Intelligence Centre's guidance. We may request identity documents, proof of address, source-of-funds information, or other information as required. Access to certain features may be suspended pending satisfactory CDD.
• Ongoing monitoring: We may monitor transactions and activity on the platform for patterns that may indicate money laundering, terrorist financing, or other financial crimes.
• Suspicious-transaction reporting: Where required by law, eRunna will report suspicious or unusual transactions to the Financial Intelligence Centre ("FIC") without prior notice to you. This obligation overrides any confidentiality between us. You must not conduct, or attempt to conduct, transactions through the platform that are structured or intended to avoid reporting thresholds or obligations.
• Record-keeping: We are required to maintain transaction and identity records for prescribed minimum periods under FICA. See the Data Retention Policy for details.
• Co-operation: You agree to provide any information we reasonably request to fulfil our FICA obligations and to co-operate with any lawful investigation.
• [ATTORNEY-REQUIRED: Confirm applicable FICA risk-based approach requirements, prescribed minimum CDD documentation, record-retention periods, and whether a Risk Management and Compliance Programme ("RMCP") must be in place and referenced here.]

11. Service changes

We may change, suspend, or discontinue features or the Services at any time. Where a change is material and affects your substantive rights, we will provide reasonable prior notice via in-app notification or email where feasible. Continued use after notice constitutes acceptance of the change.

12. Warranties and disclaimers

The Services are provided "as is" and "as available". To the maximum extent permitted by law — and subject to your non-waivable rights under the CPA and other applicable legislation — we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

CPA s51 — void waivers: Any purported waiver of a right, or exclusion of a liability, that is void under section 51 of the CPA is of no force or effect. This disclaimer operates only to the extent permitted by law.

13. Limitation of liability

To the maximum extent permitted by applicable law, and subject always to your statutory rights under the CPA (which cannot be limited or excluded by contract), eRunna will not be liable for any indirect, incidental, special, consequential, or punitive loss or damage, or for any loss of profits, revenue, data, goodwill, or opportunity, arising out of or in connection with your use of, or inability to use, the Services.

Subject to the above, our aggregate liability to you for any claim arising out of or in connection with these Terms or the Services will not exceed the greater of: (a) the amounts actually paid by you to eRunna for the specific order giving rise to the claim; or (b) a fixed monetary cap of [ATTORNEY-REQUIRED: confirm figure — a fixed liability cap (proposed in an earlier draft as ZAR 1 000) must be set and its enforceability under the CPA confirmed by counsel before publication].

[ATTORNEY-REQUIRED: Confirm that this limitation clause, as drafted, complies with CPA s48/49 (unfair terms) and s51 (void provisions) and does not attempt to exclude eRunna's liability for death or personal injury caused by negligence or wilful misconduct, which cannot be excluded under South African law. Counsel must also advise on the enforceability of aggregate-cap clauses in the context of consumer transactions.]

14. Indemnity

You agree to indemnify, defend, and hold harmless eRunna, its affiliates, officers, directors, employees, and agents from and against any claim, liability, damage, loss, cost, or expense (including reasonable legal fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Services; (c) your violation of any applicable law or third-party right; or (d) any content you submit or transmit through the Services.

[ATTORNEY-REQUIRED: Confirm that this indemnity clause as drafted does not fall foul of the CPA's prohibitions on unfair or unreasonable terms — [ATTORNEY-REQUIRED: confirm citation — an earlier draft cited section 51(1)(c) of the CPA as the provision concerning clauses that purport to limit consumer liability for their own negligence; the applicable section and sub-part must be verified by counsel] — and whether mutual indemnity language is more appropriate in the SA consumer context.]

15. Termination

• You may stop using the Services and close your account at any time by contacting info@erunna.app. Outstanding payment obligations survive termination.
• We may suspend or terminate your account immediately if you breach these Terms, if continued access poses a risk to other users or the platform, or if required by law.
• On termination, clauses that by their nature should survive (including clauses 8, 9, 10, 13, 14, 16) remain in effect.

16. Governing law and disputes

The governing law and dispute-resolution forum depend on where you are based:

• South Africa (primary): These Terms are governed by the laws of the Republic of South Africa. The South African courts have jurisdiction. Nothing in these Terms limits your rights under the CPA, ECTA, POPIA, or any other mandatory South African consumer or data-protection law. The National Consumer Tribunal and National Consumer Commission are available for disputes that fall within the scope of the CPA.
• United Kingdom: If you reside in the United Kingdom, these Terms are governed by the laws of England and Wales, and you may bring proceedings in the courts of England and Wales (or Scotland or Northern Ireland if you reside there). Nothing limits your statutory rights under UK consumer law, including the Consumer Rights Act 2015.
• United States: If you reside in the United States, these Terms are governed by the laws of the state in which you reside, and you may bring proceedings in the state or federal courts of that state. Nothing limits non-waivable rights under applicable state consumer-protection laws.

In every region, mandatory consumer law prevails over these Terms to the extent of any conflict.

[ATTORNEY-REQUIRED: Advise on whether an alternative-dispute-resolution ("ADR") or arbitration clause is appropriate for South African consumer transactions, having regard to the CPA's provisions on class-action waivers and mandatory ADR processes. Also confirm whether the UK and US governing-law provisions are sustainable given that eRunna is a South African company currently operating primarily in South Africa.]

17. Regional availability, currency, and taxes

• The Services are operated from South Africa and are currently offered in South Africa. [TBD: confirm which additional regions (UK, US) are live or planned and update this clause accordingly before publication.]
• Prices are displayed in South African Rand (ZAR) inclusive of VAT (at the prevailing rate) unless an alternative currency is displayed at checkout for your region.
• Applicable taxes (including VAT in South Africa) are applied as required by law and are reflected in the checkout price.

18. Merchant, Partner and Promoter agreements

Some users are additionally subject to a role-specific agreement: merchants to the Merchant Agreement; partners / affiliates (who refer users for a commission) to the Partner & Affiliate Agreement; and promoters (activation and field staff) to the Promoter & Brand Ambassador Agreement. In the event of a conflict between these Terms and any such agreement, that agreement prevails for the subject matter it covers.

[ATTORNEY-REQUIRED: each of these agreements is a DRAFT for counsel review — none is yet published or in force. Counsel must, in particular, confirm the worker employment-classification position shared by the Runner, Promoter and Partner agreements (clause 3 above), the agent-vs-principal and VAT treatment in the Merchant Agreement, and the CPA section 43 single-tier firewall in the Partner Agreement.]

19. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page with a revised "Last updated" date. Where changes are material, we will provide at least fourteen (14) days' advance notice via in-app notification or email. Your continued use of the Services after the effective date of changes constitutes your acceptance of the updated Terms. If you do not accept the changes, you must stop using the Services and may close your account.

20. Contact and Information Officer

• General enquiries / support: info@erunna.app | 010 140 6554
• POPIA Information Officer (data-subject rights and complaints): [TBD: name and direct contact of the designated Information Officer registered with the Information Regulator]
• Regulator (POPIA): Information Regulator (South Africa) — www.inforegulator.org.za
• Consumer complaints: National Consumer Commission — www.thencc.gov.za

Related policies

• Privacy Policy — how we collect, use, and protect your personal information (POPIA)
• Refunds & Payments Policy — eligibility, process, and timelines for refunds
• Data Retention Policy — how long we keep your data and why
• Background Location Disclosure — how and why we use location data
• Runner Terms — additional terms applicable to runners
• Prohibited & Restricted Items Policy — items that may not be sourced, transported, or delivered via the platform
• Merchant Agreement — terms for merchants who list on the marketplace
• Partner & Affiliate Agreement — single-tier, sales-linked referral programme
• Promoter & Brand Ambassador Agreement — terms for activation and field staff