CARRIER TERMS OF SERVICE

These terms of service constitute a legally binding agreement (“Agreement”) between you ("User", "you" or "your")  and Makhi, its subsidiaries, representatives, officers and directors (collectively, “Makhi,” “we,” “us” or “our”) governing your use of the Makhi client mobile application  ("Mobile Application") and Makhi website ("Website"). By accessing and using Makhi services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use Makhi services. You acknowledge that this Agreement is a contract between you and Makhi, even though it is electronic and is not physically signed by you, and it governs your use of the services.

 

Definitions

“Makhi” is a company registered under the Laws of the Republic of South Africa and provides an internet platform where persons (“Customers”)  who seek transportation of goods  can be matched with transportation providers (“Carriers”) through mobile applications. The Customer places a transportation request on the platform and different transportation providers bid with transportation price offers. Carriers and Customers are collectively referred to herein as “Users”.

“Customer”  means and includes the consignor, consignee, sender receiver and retriever of the goods as well as any person, including any corporation, company or other legal entity having any interest in the goods, or anyone acting on behalf of any such person.

“Carrier” means any entity providing goods transportation services, signed up with Makhi  and includes the Carrier's crew and agents and any person or persons carrying any goods forming the subject matter of this Agreement under and in terms of a subcontract with the Carrier.

“Consignment” means the goods forming the subject matter of this agreement, being transported on the Carrier’s vehicle.

Eligibility

You must be at least 18 years of age to use Makhi services. By using the services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on Makhi platform, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You may not allow other persons to use your account, and you agree that you are the sole authorised user of your account. To use the Makhi platform, each User shall create a User account. Each person may only create one User account, and Makhi reserves the right to deactivate any additional or duplicate accounts. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the services. Providing false  information of any kind may result in the termination of your account. You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address, phone number and Internet protocol address to prevent further registration.

Restricted Activities 

With respect to your use of the Makhi services, we reserve the right to terminate your use of the services for violating any of the prohibited uses. You agree that you will not:

I. Use our services for any unlawful purpose.

II. Solicit others to perform or participate in any unlawful acts.

III. Violate any law, statute, rule, permit, ordinance or regulation.

IV. Infringe upon or violate our intellectual property rights or the intellectual property rights of others. The Carrier and its employees/agents will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to Makhi services or any Makhi software.

V. Threaten, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

VI. Submit false or misleading information.

VII. Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services, third party products and services, or the Internet.

VIII. Spam, phish, pharm, pretext, spider, crawl, or scrape.

IX. Use our services for obscene or immoral purposes.

X. Interfere with or circumvent the security features of our services, third party products and services, or the Internet.

XI. Cause others to engage in the restricted activities above.

XII. You will use our services only in compliance with the terms of this Agreement and all applicable regulations and laws of the Republic of South Africa. Although Makhi has no obligation to monitor your use of the services, Makhi may do so and may prohibit any use of the services it believes may be (or alleged to be) in violation of the foregoing.

Carrier Warranties

As a Carrier on the Makhi platform, you represent, warrant, and agree that:

I. You possess a valid driver’s licence and are authorised and medically fit to operate a motor vehicle and have all appropriate licences, approvals and authority to provide transportation to goods in all jurisdictions in which you provide transportation services.

II. You own, or have the legal right to operate, the vehicle you use when providing transportation;

III. You will not engage in reckless behaviour while driving, drive unsafely, or operate a vehicle that is unsafe to drive.

IV. You will only provide transportation using the vehicle that has been reported to, and approved by Makhi, and for which a photograph has been provided to Makhi.

V. You will not attempt to defraud Makhi and in accordance with Consumer Protection Act No 68 of 2008, defraud Customers on the Makhi platform or in connection with your provision of transportation. If we suspect that you have engaged in fraudulent activity we may withhold applicable fares or other payments for the deliveries in question and take any other action against you available under the law.

VI. You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.

VII. You will not provide transportation for illegal merchandise, medical waste, human or animal waste, human or animal biological substances, human remains, infectious substances, bullion, collector’s coins and/or stamps, weapons, explosives, ammunition, negotiable instruments, currency and narcotics.

VIII. You shall not name Makhi as either a Customer or consignee on shipment documentation. Makhi is not responsible for any transportation terms entered into between you and a Customer.

IX. You, solely at your cost, shall provide the motor vehicles, necessary equipment and qualified personnel for completion of the transportation services; pay all expenses related, in any way, with the use and operation of the equipment; maintain equipment in good, safe, and efficient condition, and in compliance with all laws and regulations governing the maintenance and operation of such motor vehicles and other equipment.

Carrier’s Liberties

I. Carrier has the right to inspect consignment before loading to check for illegal or hazardous items/substances and reserves the right to decline to handle and transport such consignment.

II. Carrier shall not be liable for damage to the consignment, if such damage is caused by insufficient instructions on how to handle the consignment from the Customer.

III. The damage to be compensated by the Carrier shall never amount to more than the invoice value of the goods to be proved by the Customer, in the absence of which the market value to be proved by the Customer shall apply at the moment the damage was done. The Carrier shall not be liable for lost profits, consequential damage and immaterial damage.

IV. If the Carrier agrees to accept hazardous consignments and then, in the opinion of the Carrier or any other person, they constitute a risk to other goods, property, life or health they may, without notice to the Customer, be disposed of or otherwise dealt with at the expense of the Customer. In addition, the Carrier reserves the right to dispose, without notice to customer, any perishable consignment which is not taken up immediately upon delivery.The Carrier shall not have any responsibility or liability whatsoever in relation to damage or losses resulting from the disposal of hazardous or perishable consignment. In the event of such disposal, in addition to the transportation fees charged by the Carrier, the Customer will be liable for any expenses and losses that  the Carrier shall incur. THE CARRIER SHALL NOT DISPOSE OR ATTEMPT TO SELL THE CONSIGNMENT FOR SALVAGE OR OTHERWISE WITHOUT MAKHI’S PRIOR WRITTEN AUTHORIZATION.

Carrier’s Responsibility and Restrictions

I. This Agreement will not be considered to set up any partnership or joint venture between the Carrier and Makhi, establish the Carrier an agent or employee of Makhi, or authorise the Carrier to make or enter into any commitments expressed or implied for or on behalf of Makhi. The Carrier warrants that it shall act on its own behalf and not for the benefit of any other person or entity.

II. The Carrier shall have the sole and exclusive care, custody and control of the consignment  from the time the Carrier picks up the consignment for transportation until delivery to the Customer or receiver.

III. Carrier enters into this Agreement as and shall continue to be an independent contractor. All services shall be performed only by Carrier and Carrier’s employees. Under no circumstances shall Carrier, or any of Carrier’s employees, look to Makhi as his/her employer, or as a partner, agent or principal. Neither carrier nor any of carrier’s employees shall be entitled to any benefits accorded to Makhi’s employees, including without limitation worker’s compensation, disability insurance, vacation or sick pay. The carrier shall be responsible for providing, at carrier’s expense, and in carrier’s name, unemployment, disability, worker’s compensation, as well as licences and permits usual or necessary for conducting the services.

IV. Carrier shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, mobile phones, and the like . Carrier shall also be responsible for maintaining the security of the equipment, account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the account or the equipment with or without Carrier’s knowledge or consent.

V. Except for force majeure and other provisions hereof, the Carrier shall be liable for damage caused during the logistic activities. The Carrier shall not be liable for damage resulting from the Customer's failure to meet any of its obligations.

VI. Carrier, for itself and on behalf of all of its agents and subcontractors, waives any lien that may exist against consignment. Carrier shall not withhold delivery of any consignment due to any dispute with Makhi, Customer, shipper, receiver, or any other party.

Insurance

1. CARRIER shall at all times during the term of this Agreement maintain in full force and effect the following insurance coverages: (1) Automobile public liability coverage for property damages and bodily injury, (2) All risk type coverage for liability for loss, damage or delay to consignment delivery in         Carrier’s operations

2. The Carrier shall, at any time and on Makhi’s request, produce the insurance         certificate giving details of cover, a schedule of insurance and the receipt for the current year’s premium.

3. The Carrier shall not provide services under this agreement at any time that it is not in compliance with these obligations related to insurance.

Indemnification

Carrier shall indemnify, defend, and hold Makhi, Customer, their officers, agents, and employees ("Indemnitees") harmless against any and all liability, claims, or expenses, including attorneys’ fees and other costs of defence, with respect to those claims relating in any way to Carrier’s, its employees’ or subcontractors’ performance or failure to perform under the terms of this Agreement asserted against Indemnitees by any person or entity. The obligation to defend includes payment of all reasonable costs of defence, including attorney fees, as they accrue.

Disputes

For disputes relating to Makhi services, the Carrier must contact Makhi Customer Support within 72 hours, via one of our communication channels listed under the help page on the mobile app.

Makhi Communications

By entering into this Agreement or using the Makhi platform, you agree to receive communications from us, including via email, text message, calls, and push notifications.

 

Promotions, Referrals, and Loyalty Programs

Makhi, at its sole discretion, may avail promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on the Agreement or your relationship with Makhi.

Your Information

You consent to us using your information to create your account that will allow you to use the Makhi platform. As a Carrier, you also consent to us tracking your location during delivery trips and sharing your location information with the Customer for the purposes of enabling the customer to track the Consignment. You agree that location access will be enabled at all times during the delivery trip, to not disrupt location tracking functionality. Our collection and use of personal information in connection with your use of Makhi platform is as provided in the Makhi Privacy Policy located here .

Google Terms of Service

Makhi services use Google APIs and by agreeing to Makhi terms of service you agree to Google’s terms of service located at this link  and Google's privacy policy located at this link .

Governing Law

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Republic of South Africa.

Agreement Modifications

Makhi reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you upon your acceptance of the modified Agreement and such modifications shall become effective upon posting. Continued use of the Makhi platform after any such changes shall constitute your consent to such changes.