1. Contractual Relationship
These Terms and Conditions (“Terms”) govern the access or use by you (“Sender”) of applications, websites, content, products, and services (the “Services”) made available by Bongéni Ltd, a limited liability company having its offices at Royal Road, Haute Rive, Riviere du Rempart, Mauritius, registered at the Mauritius Registrar of Companies under number 169126 (“Bongéni”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Bongéni. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Bongéni may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Bongéni may amend the Terms related to the Services from time to time. Amendments will be effective upon Bongéni’s posting of such updated Terms at this location on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. The Services
The Services constitute a technology platform that enables users of Bongéni’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation, moving and/or logistics services (collectively, “logistics services”) with independent third party providers of such services: self-employed/independent contractors who choose to accept orders on our platform (“Third Party Providers”).
YOU ACKNOWLEDGE THAT BONGÉNI DOES NOT PROVIDE TRANSPORTATION OR MOVING OR LOGISTICS SERVICES OR FUNCTION AS A CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BONGÉNI OR ANY OF ITS AFFILIATES. BONGÉNI SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE MOVING OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BONGÉNI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY MOVING OR LOGISTICS PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
BONGÉNI DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. BONGÉNI WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. BONGÉNI SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.
Subject to your compliance with these Terms, Bongéni grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by Bongéni and Bongéni’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Bongéni; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
2.3 Third-Party Services and Content
The Services and all rights therein are and shall remain Bongéni’s property or the property of Bongéni’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Bongéni’s company names, logos, product and service names, trademarks or services marks or those of Bongéni’s licensors.
3. Your Use of the Services
3.1 User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Bongéni certain personal information, such as your name, address, email address, mobile phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Bongéni’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Bongéni in writing, you may only possess one Account.
3.2 User Requirements and Conduct
The Service is not available for use by persons under the age of 18. You will keep secure and confidential your Account password or any identification we provide you which allows access to Services. You may not authorise third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes and in accordance with all applicable laws and regulations (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
SENDERS SHOULD ALWAYS CHECK A DRIVER’S IDENTIFICATION AND MATCH IT TO THE DRIVER’S INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR ITEMS FOR TRANSPORTATION.
3.3 Suspension and/or Deactivation and/or Permanent Termination of Accounts
Without limiting other remedies, Bongéni may suspend, deactivate, and/or terminate your participation in the Services, remove your information from our data bases, and warn our community of your actions, if you breach the terms of these T&C or any of our other terms or policies; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, our Senders or Third Party Providers or Bongéni, its affiliates, or third party providers, or subject Bongéni or you or any other Sender or Third Party Providers to regulation by any state or local government or regulatory agency; or if we suspect that you have engaged in fraudulent or harmful activity in connection with the Bongéni Services or App.
ALL BONGÉNI ACTIONS TAKEN WITH RESPECT TO THE SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN BONGÉNI’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
Other actions that may lead to Bongéni suspending, deactivating or terminating your account are:
Cancelations and No Shows
Bongéni may suspend or deactivate your account upon your 3rd Cancelation or No Show.
Fraudulent Activity, Shipments of Prohibited Items, Repeat Infringers
Bongéni may suspend, deactivate and/or permanently terminate and delete your account if you or your account is the subject of suspected fraudulent or illegal activity or if Prohibited Items are discovered in your Load.
Bongéni reserves the right to terminate any Sender’s account that has been inactive for 180 days.
YOU CAN LOSE YOUR USER NAME AND PERSONA AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, APP OR ANY PORTION THEREOF, AND BONGÉNI IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING OUR SERVICES, APP OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
Reactivation. Bongéni may reactivate any Sender Account suspended or deactivated by Bongéni in its sole discretion.
3.4 Prohibited Items
Senders are prohibited from including in any load, and all Third Party Providers are prohibited from knowingly accepting, picking-up, carrying or delivering any load containing the following “Prohibited Items”:
- Live animals.
- Anything illegal including, without limitation, recreational drugs and other contraband.
- Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of the hazardous waste.
- Any “Hazardous Material” not categorised as limited or excepted quantities as defined in the law, or categorised as limited or excepted quantities but not packaged and labeled in accordance with all applicable laws.
- Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof in raw form, including, but not limited to, bullion, bars, or scraps of these metals.
- Cremated remains, human remains, fetal remains, human body parts, or components thereof.
- Cigarettes or any tobacco product, wine, beer or any other alcoholic beverages or any other regulated products.
- Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any amount.
- Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons.
BONGÉNI HAS AND TAKES NO RESPONSIBILITY OR LIABILITY TO EITHER DRIVERS OR SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY LOAD OR A DRIVER’S OR SENDER’S FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO IT.
Sender Open Box Policy. Bongéni encourages the use of minimal packaging both to help our environment and so the drivers know what they are taking along on their ride. When packaging is required or desired, Bongéni supports and strongly encourages its Senders to always use an Open Box Policy.
Bongéni’s Open Box Policy means our Senders should always leave packaging open so that a driver may inspect the contents before accepting it for transportation. If a Sender doesn’t leave the packaging open, a Driver always has the right to require a Sender to open packaging to inspect items before accepting the load for transportation. Driver is allowed to cancel the order without penalty if a Sender does not allow inspection of the contents.
By creating an Account, you agree that the Services may send you electronic mail and informational text (SMS) messages as part of the normal business operation of your use of the Services.
3.7 Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Bongéni does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges ”). After you have received services obtained through your use of the Service, Bongéni will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Bongéni.
All Charges are due immediately and payment will be facilitated by Bongéni using the payment method selected at the time of booking, after which Bongéni will send you a receipt by email. In case your have selected “Via Direct debit” payment method, you will be required to deposit 100% of Charges to confirm your order. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
BONGÉNI WILL NOT RELEASE SENDER’S PAYMENT TO THE DRIVER UNTIL THE PERFORMANCE OF THE GIG IS COMPLETED BY THE DRIVER AS AGREED UPON HEREIN.
Bongéni reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Bongéni’s sole discretion.
After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
5. Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BONGÉNI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BONGÉNI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BONGÉNI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
5.2 Limitation of Liability
BONGÉNI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BONGÉNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BONGÉNI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BONGÉNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BONGÉNI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BONGÉNI’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION AND LOGISTICS PROVIDERS PROVIDING SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL BONGÉNI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TEN THOUSAND RUPEES (RS 10 000).
BONGÉNI’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BONGÉNI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Bongéni and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Bongéni’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6. Governing Law
This Agreement shall be governed by the laws of Mauritius and you hereby consent and submit to the exclusive jurisdiction of the courts of Mauritius for the purposes of litigating any dispute pertaining to this Agreement.
7. Other Provisions
Bongéni may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Bongéni by written communication to Bongéni's address at Royal Road, Haute Rive, Riviere du Rempart, Mauritius.
You may not assign or transfer these Terms in whole or in part without Bongéni’s prior written approval. You give your approval to Bongéni for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Bongéni’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Bongéni or any Third Party Provider as a result of the contract between you and Bongéni or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”