Terms and Conditions Of Use
These are the general terms and conditions to help define the relationship between you and SHIMI. If you use our services, you agree to abide by these terms.
1. Contractual Relationship
1.1. Please ensure that you have read, understood and are happy with the terms and conditions governing the use of the Shimi mobile application before acceptance as acceptance constitutes a legally binding agreement between yourself (“You”, “Your” and “the User”) and Shimi Logistics (Pty) Ltd (“Shimi”).
1.2. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Shimi. If you do not agree to these Terms, you may not access or use the Services. Shimi 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.
2. Changes and Updates to Terms and Conditions
2.1. Shimi may amend the Terms related to the Services from time to time. Amendments will be effective upon Shimi posting such updated Terms to its website. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2.2. Any material changes to the terms and conditions of use will be communicated to you via e-mail, SMS, or updates on the Shimi website.
2.3. You agree to ensure that your details will be kept up to date in order to enable Shimi to communicate any changes to you timeously.
2.4. Further; you agree that Shimi will not be held liable for any loss or damage of whatsoever nature, except to the extent permitted by law, which may arise due to your failure to update your information.
3. The Services
The Services constitute a technology platform that enables users of Shimi’s mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with Shimi ("Third Party Carriers" or “Carriers”). You acknowledge that Shimi does not provide transportation or logistics services or function as a transportation carrier.
4. License
Subject to your compliance with these Terms, Shimi grants you a limited, non-exclusive, non- sublicensable, 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.
5. Restrictions
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 Shimi; (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 unauthorized access to or impair any aspect of the Services or its related systems or networks.
6. Ownership
The Services and all rights therein are and shall remain Shimi's property or the property of Shimi'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 Shimi's company names, logos, product and service names, trademarks or services marks or those of Shimi's licensors.
7. Your use of the Services
7.1. Placing the Order
7.1.1. The User will, at the time of placing the order, provide a description of the Goods to be transported, together with a quantity or measure of the Goods and a description of any special transportation requirements thereto (the “Listed Stock”).
7.1.2. Shimi will only be responsible for the delivery/collection of the Listed Stock that has been correctly listed by the user. Additional Goods that are not part of the listed stock may be returned or, if delivered, may incur reasonable additional charges as determined by Shimi in accordance with these Terms.
7.1.3. The User is responsible for ensuring that the order is placed accurately on the Application and that the vehicle that is selected is appropriate for the nature of the Listed Stock. Should the Carrier determine that the order cannot be carried out due to the incorrect vehicle type having been selected by the User, the order will be treated as a cancelled order and the provisions of clause 9 below will apply.
7.1.4. Unless specific arrangements are made at the time that the order is made, as part of the description of the Listed Stock, individual items that form part of the Listed Stock shall have a maximum weight of 90kg per item. The User acknowledges that the above restriction is due to the fact that the labour provided by the carrier must be able to move this item by hand. If there is available manpower at the delivery point to enable the handling of items heavier than the specified weight, express details must be provided in the description of the Listed Stock. Failure to adhere to this clause may, at Shimi’s discretion, incur additional charges or lead to the Goods being deemed undeliverable, in which case the provisions of clause 10 will apply.
7.1.5. The User acknowledges that it is the User’s responsibility, and not the responsibility of Shimi or the Carrier to ensure that the weight limits described herein are adhered to and collection of the Goods by the Carrier or delivery thereof does not represent a waiver of this clause nor shall it deem the goods to be deliverable.
7.2. Delivery of the Goods
7.2.1. By confirming and processing an order via the Shimi platform, the User acknowledges and accepts that a photo file with a timestamp will serve as proof of delivery and Shimi shall not be obligated or required to maintain physical records of deliveries, nor shall it be obligated to provide such physical documents to the User.
7.2.2. Unless specific provision is made in the order, in the description of the Listed Stock, the following will apply:
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Goods will be moved and placed at a distance of no more than 25 meters from the vehicle access point at the delivery point.
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Goods will be placed on the ground floor/ the floor that the vehicle has access to.
7.2.3. Should delivery be requested in conflict with the points in clause 7.2.2 above, reasonable additional charges may be levied.
7.2.4. In addition to the above, the quoted price makes provision for the following loading/ unloading times of the Goods at both the collection and delivery points, per stop, based on the vehicle:
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Car = 15 min
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1 ton vehicle = 25 min
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4 ton vehicle = 50 min
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8 ton vehicle = 66 min
7.2.5. Should the loading/unloading time of the Goods exceed the above-mentioned parameters at any of the Collection or Delivery points, due to no fault of Shimi or the Carriers, additional charges may be levied.
7.3. User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). Account registration may require you to submit to Shimi certain personal information, such as your name, address, and mobile phone number, as well as at least one valid payment method. 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, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Shimi’s termination of this Agreement 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.
7.4. User Requirements and Conduct
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 (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.
7.5. 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. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Shimi 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.
8. Pricing, Fees and Charges
8.1. Shimi levies no charges for downloading the Shimi mobile application; however such download may be subject to fees levied by your network operator.
8.2. You understand that use of the Services may result in charges to you for the Services or goods you receive from a Third Party Provider ("Charges"). After you have received Services or goods obtained through your use of the Service, Shimi 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 Shimi.
8.3. All Charges accrued through the use of the Services, shall be paid upfront before any of the Services are rendered. Proof of payment is required to be sent via email (directly from the bank) to the following address: [email protected]. Orders may be placed only once confirmation of the receipt has been confirmed.
8.4. As between you and Shimi, Shimi reserves the right to establish, remove and/or revise Charges for any or all Services or goods obtained through the use of the Services at any time in Shimi’s sole discretion, including the imposition of penalties and/or additional fees as per the terms of this Agreement. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase during times of high demand. Shimi will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
8.5. This payment structure is intended to fully compensate the Carrier for the services or goods provided. 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.
8.6. If the incorrect address is provided by the User. extra cost will be calculated at the standard time and km rate for the additional distance travelled.
8.7. Minimum Fee
8.7.1. You acknowledge that each order placed will bear a minimum fee, depending on the nature of the requested Service, which is linked to the usage of a specific vehicle. The minimum fees are as follows:
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Car = R100
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1 ton vehicle = R150
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4 ton vehicle = R350
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8 ton vehicle = R500
8.7.2. The above minimum fees are subject to change in accordance with the amendments policy of these terms.
9. Cancellation of an Order
9.1. You may elect to cancel your request for services or goods from a Third Party Provider at any time, in which case you may be charged a cancellation fee, in accordance with the below terms:
9.1.1. Where the order is cancelled before a third party carrier has been assigned to the order, there will be no penalty fee;
9.1.2. Where the order has been assigned to a third party Carrier and the order is cancelled before the Carrier has loaded the goods at the first collection point of the Goods, including situations where the Carrier has arrived at the first collection point of the Goods and has determined in its complete discretion that the ordered vehicle is not capable of carrying the Goods or not appropriate for the carriage of the Goods, a penalty fee will be charged at 25% of the order value, based on the initial quotation.
9.1.3. Where the Carrier has collected the Goods from the first collection point and the order is cancelled prior to the delivery of the goods at the Delivery Point, a penalty fee will be charged at 50% of the order value, based on the initial quotation.
10. Order Unable to be Fulfilled
10.1. If an Order is unable to be fulfilled due to reasons outside of Shimi’s control, including but not limited to the incorrect delivery address furnished, incorrect Goods order furnished, the designated delivery location being unable, incapable, or otherwise unwilling to receive delivery of the Goods for any reason whatsoever, whether there is fault on the part of the receiver of Goods or not, you may be charged a penalty fee as described below.
10.2. In the event that an order cannot be fulfilled due to reasons outside of Shimi’s control, Shimi will do its best to resolve any issue that may prevent an order from being fulfilled.
10.3. If you provide an alternative delivery location for the Goods, the delivery to the new delivery location will be considered a new order and may incur additional charges.
10.4. In the event that goods have to be returned to its collection point(s) after the Carrier has reached the delivery point, subject to clause 10.5 below, the full Service Fee will be charged, in addition to the following penalty charges, to compensate for the return journey:
10.4.1. Orders that cannot be delivered and have to be returned to the collection point (less than 30km): 15% of order value;
10.4.2. Orders that cannot be delivered and have to be returned to the collection point (more than 30 km less than 60km): 25% of order value;
10.4.3. Orders that cannot be delivered and have to be returned to the collection point (more than 60km less than 100km): 50% of order value;
10.4.4. Orders that cannot be delivered and have to be returned to the collection point (more than 100 km): 100% of order value.
10.5. In the event that an order cannot be fulfilled due to reasons outside of Shimi’s control, and the Goods cannot be returned to the Collection Point on the same day for any reason whatsoever, you must specify an alternative Delivery point for the Goods, and delivery will be effected there and charged for in accordance with clause 8.
10.6. If no alternative delivery point is provided, the Goods will be delivered to a warehouse designated by Shimi. The delivery of the goods from the Delivery Point to Shimi’s warehouse will be charged in accordance with the provisions of this Agreement. In addition to the above, you will be responsible for the reasonable costs of storing the goods at the designated warehouse, together with additional costs arising therefrom including, but not limited to, the costs of insuring the goods for the storage period. Shimi does not accept liability for any damage or loss resulting from the storing of the goods in accordance with this clause whatsoever and you hereby indemnify Shimi against any claims related thereto. Shimi will not be obliged or expected to move or deliver the goods stored in terms of this clause but should the goods be able to be returned to the Collection point thereof, Shimi may elect to deliver the goods to such collection point and such delivery charge will be added to the client’s account.
11. Termination of the Service
11.1. Shimi reserves the right to cancel your usage of the service at any time, without prior written notification if you have violated any of the terms and conditions of this agreement or in the event that we reasonably suspect that you have used the service to commit fraud/have engaged in fraudulent conduct with the use of the service.
11.2. Shimi may, at its sole discretion and without prior notice to any user, permanently terminate or withdraw the service, in whole or in part.
11.3. Shimi may, at its sole discretion and without prior notice to any user, temporarily suspend, in whole or in part; the use of the application in order to perform any maintenance or repair work or for any other reason that requires the temporary suspension of the service.
11.4. Should you no longer wish to make use of the Shimi application, you can simply delete the application from your mobile device.
11.5. Notwithstanding the termination of the service, you will remain liable for any transactions requested and /or processed prior to such cancellation.
12. Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Shimi in Shimi’s reasonable discretion, Shimi reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider and add such charges to your Account. Such amounts will be transferred by Shimi to the applicable Third Party Provider and are non-refundable.
13. Disclaimer
The Services are provided "as is" and "as available." Shimi 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. Shimi 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.
14. Limitation of Liability
Shimi 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 Shimi has been advised of the possibility of such damages. Shimi 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 Shimi has been advised of the possibility of such damages. Shimi shall not be liable for delay or failure in performance resulting from causes beyond Shimi’s reasonable control. Shimi’s services may be used by you to request and schedule transportation, goods, or logistics services with third-party providers, but you agree that Shimi 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.
15. Indemnity
You agree to indemnify and hold Shimi 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) Shimi's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
16. Website Terms
We are the owners of this website. We may change any of these terms at any time by updating this web page. If you have any questions about our legal terms, please contact us.
1. Licence. We grant you a limited license to use this website.
2. Breach. We may cancel your license if you breach any of these terms.
3. Framing. You may not frame this website.
4. Capacity. You agree to these terms on the basis that you have the capacity to visit this website.
5. Accurate information. You promise that you will give this website only accurate information.
6. Ownership. We or our third-party licensors own all rights to this website.
7. Trademarks. All our trademarks are our property and you may not use them without our permission. All other trademarks are their respective owners' property.
8. Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.
9. Own risk. You use this website at your own risk and we make no warranties about it.
10. Indemnity. You indemnify us against any liability related to your use of this website.
11. Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
12. Indirect damages. We will never be responsible for any indirect damages.