CLIENT 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 an 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.

“Force Majeure Event” means any circumstance beyond the reasonable control of Makhi and the Carrier, to include but not be limited to, natural disasters, strikes or lockouts or stoppage/restraint of labour from whatever cause, equipment failure not attributable to the fault of Makhi (to include electrical power, heat, light, air conditioning or communications equipment), civil unrest, acts of war or armed conflicts, acts of public authorities, or acts or threatened acts of public enemies, hijackers or assailing thieves.

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.

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.

Consignment Handling

1. Consignment Pickup and Dropoff

I. Customer warrants to make the agreed consignment available to the Carrier at the agreed place and time.

II. The Customer warrants that the Carrier shall have safe and adequate access to the pickup and dropoff places and shall not need any additional labour (in addition to its crew) or special equipment to load or offload the consignment. The Customer shall be liable for any additional expenses incurred by the Carrier to provide additional crew or special equipment.

III. Customer warrants to ensure that each package will be properly and completely described, be properly marked and addressed, and be packaged adequately to protect the contents during transportation. The Carrier reserves the right to refuse goods which do not meet the above provisions, or goods that are in apparent damaged condition.

IV. Customer agrees to be  responsible for all placarding.

V. Customer hereby warrants to provide Makhi and Carrier with necessary documentation needed for the transportation of the consignment and accurate information in order to allow for all proper disclosures to be made on the consignment.

VI. The customer hereby agrees to sign all paperwork, certificates and receipts upon pickup and/or dropoff of consignment.

2. Perishable Consignment

I. Perishable consignment accepted by the carrier must be packed to withstand without spoilage a minimum of 48 hours without external power or temperature control or special care of any kind. By entering into this Agreement, the Customer warrants that it understands that the Carrier reserves the right to dispose, without notice to customer, any perishable consignment which is not taken up immediately upon delivery and the Customer shall be liable for costs and expenses incurred by the Carrier to dispose of such consignment.

3. Hazardous Consignment 

I. Customer warrants to disclose to Makhi and Carrier if the consignment contains items that are considered hazardous materials or substances that are explosive, corrosive, or are likely to cause damage.

II. The carrier has the right to inspect the consignment before loading and reserves the right to decline to  handle consignment which upon inspection it deems to be hazardous.

III. If the Carrier agrees to accept hazardous consignment 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. Makhi and the Carrier shall not have any responsibility or liability whatsoever in relation to damage or losses resulting from the disposal of hazardous 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 Makhi and/or the Carrier shall incur.

IV. In the case that the Customer’s hazardous consignment causes loss or damage or bodily injury to the carrier and/or third parties, the customer will be liable for all losses and damages. The Customer shall defend, hold harmless and indemnify Makhi and Carrier from and against any claims, lawsuits, demands, liability, costs and expenses, including reasonable attorney’s fees and court costs relating to such incidence or arising in connection therewith.

4. Restricted Consignment

I. Customer warrants that it understands that the Carrier 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.

Route

Makhi and the Carrier reserve the right to decide what route to follow during the transportation of consignment.

Force Majeure Event

Makhi and the Carrier will be relieved of our obligations to the extent that the transportation of consignment is prevented or delayed by, or failure to transport the consignment  results wholly or partly from, your act or omission, any act or omission of your agent or by storm, flood, fire, explosion, civil disturbance, governmental or quasi-governmental action, breakdown or unavailability of premises, equipment or labour, lack of availability or delays caused by a pandemic, or any changes in regulations, or other cause beyond our reasonable control.

Concealed Damage

Makhi and the Carrier shall not be liable for concealed loss or damage including but not limited to; glass, electronic equipment, prototypes, original art, uncrated Goods, or improperly packaged or labelled Goods.

Charges

Charges  consist of a base (predetermined)  charge and incremental charges decided by the Carrier based on the volume of the Consignment, duration and distance of transport. Please note that we use GPS data to calculate  distance. We cannot guarantee the accuracy of GPS data. All charges will be agreed upon and finalised when the Carrier confirms that it shall provide transportation.

Cancellation and Refund Policy

After requesting  transportation of consignment the Customer may cancel the request through the Mobile Application, but note that in certain cases a cancellation fee may apply. The Customer will be able to cancel the request free of charge if it is still in bidding.  For any request that is cancelled after it has been confirmed by the Carrier, we will retain a sum of up to R25.00 (twenty five Rand) in administration fees and refund to the Customer all other monies paid in relation to the cancelled request.

Payment Method Authorization

Upon addition of a new payment method or on each transport request, Makhi may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorised or fraudulent behaviour.

Disputes

For disputes relating to Makhi services, the Customer 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. Our collection and use of personal information in connection with the 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.