By accepting the following terms and conditions for ‘ZALIVO DELIVERY’, you (THE CUSTOMER) are agreeing to all the following terms and conditions without exception. The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you, the Driver/Rider/Freelancer and Zalivo (the “Company”). In order to use the Service defined below, you must agree to the Terms of Use that are set out in the following. The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at Zalivo. You agree that it shall be your responsibility to review the Terms of Use regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
In these Terms and Conditions where the following terminology has been used, they shall have the following meanings:
Consignment: Will mean any item(s) of any sort which are or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other address.
Aged Consignment: Will mean a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk.
Out of Gauge:Will mean a Consignment is outside of the weight and dimensions that we carry on a particular service.
Prohibited Items: Will mean that it cannot be carried on any Service and are contrabands under the laws of the land.
Purchased:Will mean when you accept the Service Order.
The Collection Point: Will mean the address at which a Consignment is received or collected by us.
The Delivery Point: Will mean the address to which any Consignment is delivered by us.
Service: Will mean the service and carriage of a Consignment by Driver/Freelancer/Rider in accordance with the particulars set out in the Service Order, as per the terms and conditions.
The Service(s) will be carried out for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with the terms of this Agreement. Zalivo Delivery shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and any changes are not liable to be notified to you.
If collection or delivery of a Consignment takes place at your premises, Zalivo Delivery shall not be under any obligation to provide any equipment or labour which, apart from the Driver/Rider/Freelancer collecting the Consignment, may be required for loading or unloading of a Consignment.
Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if the Driver/Rider/Freelancer agrees to load or unload the Consignment (or part of the Consignment) Zalivo shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment.
This includes any damage caused whether or not by the Driver/Rider/Freelancers negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of this agreement to load or unload the Consignment in these circumstances.
The Driver/Rider/Freelancer will make one attempt to deliver a Consignment during normal working hours. If the Driver/Rider/freelancer cannot obtain a delivery receipt/code at the Delivery Point you agree that the Driver/Rider/Freelancer shall be authorised to attempt to: deliver the Consignment to, or obtain a delivery receipt/code from, an alternative address close to the Delivery Point; or deliver the Consignment to a safe location at the Delivery Point and (if successful) the Driver/Rider/freelancer agrees that he/she will leave at the Delivery Point details of the address or safe location to which he/she have delivered the Consignment.
If the Driver/Rider/freelancer is unable to deliver to the Delivery Point, a nearby address or a safe location, the Driver/Rider/freelancer shall return the Consignment to a designated location and leave a request for the recipient of the Consignment to contact the Driver/Rider/freelancer to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you).
If the Driver/Rider/freelancer considers that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in his/her reasonable opinion is likely to be unsafe hazardous or harmful they reserve the right to refuse delivery and/or dispose of the Damaged Consignment immediately.
Your Obligations
You agree to:
i. Ensure that the information you supply in the Order Schedule is complete and accurate; co-operate with the Driver/Rider and freelancer and Zalivo Delivery in all matters relating to the provision of the Service(s);
ii. Provide the Driver/Riders/freelancers with access to your premises, office accommodation and other facilities as reasonably required, if/when any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to the Driver/Riders/freelancer.
iii. Provide Zalivo Delivery with such information and materials as may be reasonably required in order to supply the Service(s) and ensure that such information is accurate in all material respects.
iv. You agree that the Driver/Rider/Freelancer shall not be required, and that you shall not cause them, to carry anything if it would be illegal or unlawful for them to do so under the laws of the Land. You agree that should you do this, you will indemnify Zalivo Delivery against any losses and/or damage that we may suffer as a consequence.
The Driver/Rider/Freelancer shall not, carry: livestock; liquids; perishable goods; gasses; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition, the Driver/Rider/Freelancer will not carry any items which are prohibited by the laws of the Land. The Driver/Rider/Freelancer and Zalivo Delivery reserves the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.
All Consignments shall be accepted at the Delivery Point and that the recipient shall give the Driver/Rider/Freelancer an appropriate receipt or code sent to them by you, and you agree that this receipt or code shall be conclusive evidence of delivery of the Consignment. Unless specifically agreed otherwise, “working days” do not include Friday, Saturday or public holidays.
No refund or reduction shall be provided of charges if less than the number of parcels for which you have contracted has been received. That you cannot send a package weighing more than 3 Kilograms and that Driver/Rider/Freelancer reserves the right to refuse delivery of products weighing over the set limit.
You will be barred from sending contrabands as specified by the laws of the Land. You are liable to disclose all necessary information regarding the product to the Driver/Rider/freelance rider. You are not allowed to send passport, bank cheques or any material pertaining to a cash transaction between two entities. You are encouraged not to transfer extremely expensive items; if they do, they are asked to be cautious.
You are to maintain the orders according to the outlined product categories, fully understanding each category description and strictly abiding by any restrictions a product category imposes on the user.
You are to maintain extreme caution while packing the product, so as to diminish chances of damage as much as possible. You are to make sure that the items do not harm the rider in any way i.e. wrapping flowers and earrings properly.
You are encouraged to bubble-wrap any electronics you wish to transfer, so as to avoid damaging the item. You have to pay the riders upfront. Failure to do so will result in the rider cancelling your request.
You may not ask riders to receive cash payment from the receiver. You are to report any damaged/missing/lost items to our support team within 5 hours of dispatch. Zalivo Delivery would not take full liability of any item that is damaged or lost.
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT. As a responsible business, Zalivo Delivery and the respective Driver/Riders/Freelancers shall hopefully perform the Service(s) in a professional manner with the appropriate level of skill and care. Zalivo Delivery will not take full liability of any item that is damaged or lost. Damage to a Consignment may still occur as a consequence of handling of it and in such circumstances, Zalivo Delivery and the Driver/Riders/Freelancer liability shall be limited as set out in these Terms and Conditions.
The reasoning behind this limitation of our liability is as follows: The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which can be easily ascertained but is something which is better known to you.
In many cases it cannot be known to Zalivo or the Driver/Rider/Freelancer at all and can only be known to you. The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that could reasonably be expected to charge you for providing the Service(s) under this Agreement.
It is not possible to obtain cover which would give unlimited compensation for full potential liability to all customers and, even if it were, such cover would be much cheaper if taken out by you and on that basis, it is more reasonable for you to take out such cover from an independent third party. It is imperative to keep the costs of providing the Service(s) to you as low as possible.
In these Terms and Conditions, damage to you means any loss of, or damage to, a Consignment.
a) Under any circumstances where there are any material discrepancies between the declared dimensions and weights and the actual dimensions and weights;
b) In any circumstances in respect of the items on the Prohibited items; Special Provisions items and for damage to the No Compensation Items lists, unless otherwise stated by us. To the best of our abilities, we can connect you through to the rightful authority to investigate damage or loss of your item. However, we will not be held liable for damage of your item or loss because of the aforementioned reasons in these Terms and Conditions.
You may choose to pay for the services by cash/bank transafer and where available, by using Zalivo Wallet/Credit as detailed below. Once you have used the Service, you are required to make payment in full to the driver/rider/freelancer and such payment is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third-party driver/rider/freelancer provider directly.
You have to pay the drivers/riders upfront. Failure to do so will result in the drivers/rider cancelling your request. You may not ask riders to receive cash payment from the receiver, You may purchase credits (“Zalivo Credits”) to your wallet which may be used to pay for the services. You may choose to purchase Zalivo Credits through any of the methods as may be made available in the Application from time to time.
Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
Zalivo Credits are not redeemable for cash nor are they refundable. They cannot be resold, exchanged or transferred for value. You will not receive interest or other earnings on your Zalivo Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your Zalivo Credits. You should ensure that you have sufficient Zalivo Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional Zalivo Credits so that you may complete your payment for the transportation services. You may check your Zalivo Credits balance in the Application.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force in Land and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.
(a) You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; modify or make derivative works based on the Application and/or the Software; create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; reverse engineer or access the Software in order to;
i. Build a competitive product or service;
ii. Build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or ;
iii. Copy any ideas, features, functions or graphics of the Application and/or the Software, launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, remove any copyright, trademark or other proprietary rights notices contained in the Service.
(b) You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: send spam or otherwise duplicative or unsolicited messages; send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them.
For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
