IMPORTANT

－ READ CAREFULLY BEFORE PROCEEDING. YOU AGREE AS FOLLOWS. YOUR USE OF ANY DOWNLOADABLE SOFTWARE PRODUCTS, FEATURES OR SERVICES AVAILABLE ON OR THROUGH THE ZUNGUKA APP AND THE ZUNGUKA MOVER APP (THE “ZUNGUKA APP”) OR WEBSITE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY TICKING THE BOX AS MAY BE DESIGNATED BY R & COMPANY LTD., DOING BUSINESS AS ZUNGUKA (“ZUNGUKA”) TO SHOW THESE TERMS AND/OR TO INSTALL THE ZUNGUKA APP OR ANY RELATED SOFTWARE, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE THE ZUNGUKA APP AND ANY ASSOCIATED SERVICES UNLESS AND UNTIL YOU AGREE TO THESE AGREEMENTS AND ANY OTHER RULES OR POLICIES THAT ZUNGUKA MAY CREATE AND MAKE AVAILABLE ON THE APPS OR WEBSITE FROM TIME TO TIME.

 

You represent and warrant that you (i) have read and understand or have gained an understanding of these Agreements and agree to be bound by them; (ii) are if legal age in which you reside to enter into a binding contract; (iii) have all authority necessary to enter into these Agreements personally, or if on behalf of an organization, it is within the scope of your responsibilities and authority to enter into these Agreements for the organization; (iv) will not open more than one account/registration with Zunguka; and (v) that login/registration data, contact information and other information provided is current, complete, and accurate, that Zunguka can rely upon it to communicate with you and that if any such data or information changes you will update that data and/or information with Zunguka.These Agreements will commence on the date that you complete the installation of the Zunguka App (the “Effective Date”).

​

 

END-USER LICENSE AGREEMENT FOR THE ZUNGUKA APP

​

1.TITLE

The Zunguka App is copyrighted work and its logos, brands and identifiers are trademarks owned exclusively by Zunguka. Zunguka shall retain all right, title and interest in the Zunguka App and in all intellectual property rights therein. Subject to Zunguka’s ownership, no license or other rights of any kind are granted or conveyed except for the limited use license expressly provided herein. You agree that you will not remove, conceal or otherwise change any copyright, trademark, patent or other proprietary notice or source identifier contained in or associated with the Zunguka App. Under this End-User License Agreement, you only receive a copy of the Zunguka App. You shall not duplicate, distribute, offer, loan, transfer, encumber, sell or otherwise dispose of the copy of the Zunguka App you receive to any third party without having received prior written authorization from Zunguka. If you do so without Zunguka’s permission, the transfer will be deemed void because the limited use license is not transferable.

​

2. LIMITED LICENSE

Zunguka hereby grants to you a limited, nonexclusive, non-transferable, non-sub-licensable license to use the Zunguka App on a mobile device or personal computer that you may own or control to use, display and execute the Zunguka App during the term of this End-User License Agreement for your personal convenience. This limited license creates no legal, delivery business relationship, commitment or obligation between a transportation provider (“Mover”), Zunguka and/or any service or product owner for whom Mover may provide transportation service(s) (“User”).

​

3. RESTRICTION ON USE

You agree that you will not and that you will not permit or allow any other person, directly or indirectly to (a) copy, reproduce, modify, redistribute, sublicense, transfer, rent, lease, sell, resell, lend, assign, publish, transmit, create derivative work(s), disclose or otherwise disseminate, exploit or make available any portion or all of the Zunguka App to any third party in any form; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Zunguka App; or (c) post, cast or otherwise make the Zunguka App available over a computer network where multiple devices could use it at the same time.

 

4. UPDATES OF THE ZUNGUKA APP

During the term of this End-User License Agreement, Zunguka may, at its sole discretion, develop updates and may notify you that it has released an updated version of the Zunguka App (the ”Updated App”). You may download the Updated App and use the Updated App instead of the prior version. Any Updated App will also be considered “Zunguka App” for purposes of this End-User License Agreement. Zunguka reserves the right at any time and from time to time to supplement, add, change, modify, alter or discontinue temporarily or permanently any and all functionality or features of the Zunguka App with or without notice. You agree that Zunguka shall not be liable to you for any modification, suspension or discontinuance of the Zunguka App or any features or functions of the Zunguka App. If Zunguka is required due to any third-party rights to modify the Zunguka App you agree to discontinue use of any prior version of the Zunguka App and commence using a modified version of the Zunguka App.

 

5. TERMINATION

This End-User License Agreement and the limited license granted hereunder shall terminate immediately if you breach any material term or condition hereof. In the event of a termination of this End-User License Agreement, you agree to discontinue all use of the Zunguka App, promptly destroy or have destroyed all copies of the Zunguka App, and upon request from Zunguka certify in writing to Zunguka that such destruction has taken place.

 

6. DISCLAIMER OF WARRANTIES

You acknowledge that the Zunguka App provided may contain bugs and errors. The Zunguka App is provided to you “as is” and any use of the Zunguka App is at your own risk. To the extent legally permitted under applicable law, Zunguka disclaims all warranties, whether express, implied or statutory, including without limitation, any implied warranties of title, non-infringement of third-party rights, merchantability or fitness for a particular purpose.

 

7. LIMITATION OF LIABILITY

You agree that to the extent permitted under the applicable law, Zunguka shall not be responsible for any loss or damage to you or others caused by failure of the Zunguka App to function. In no event will Zunguka be liable for any special, consequential, exemplary, incidental, or indirect damages (including, without limitation, those resulting from lost profits, cost of substitute goods or services, lost data or interruption of any mapping or communication functionality) in connection with the use of the Zunguka App or in connection with any other claim arising from this End-User License Agreement, even if Zunguka has been advised of the possibility of such damages. The aggregate liability of Zunguka arising from or relating to this End-User License Agreement and the downloading and use of the Zunguka App, regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud or other legal theory) is limited to the amounts paid by you to Zunguka during the six month period preceding the event giving rise to liability. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

8. GENERAL PROVISIONS

8.1 Feedback

In the event that you provide Zunguka with comments, feedback or suggestions regarding the use, operation, improvement or functionality of the Zunguka App (“Feedback”), including but not limited to information about potential improvement, operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to Zunguka all rights in the Feedback and agree that Zunguka shall have the right to use the Feedback and related information in any manner it deems appropriate in its sole discretion.

8.2 Governing Law, Arbitration and Venue

This End-User License Agreement shall be governed by the laws of the Republic of Rwanda without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

8.3 Sever-ability, Language

If any provision of this End-User License Agreement is found to be invalid or unenforceable, such provision will be deleted, changed and interpreted to accomplish the objectives of this End-User License Agreement to the greatest extent possible under applicable law and the remaining provisions will remain in full force and effect. The parties of this End-User License Agreement have expressly required that the present Agreement be drawn up in the English language.

8.4 Waiver

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of the same provision or any other provision on any other occasion.

8.5 Entire Agreement

This End-User License Agreement and any terms whether express or implied included in the Zunguka App itself as to data gathering, advertising or in-App purchases constitutes the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties. No modification of or amendment to this End-User License Agreement, nor any waiver of any right sunder this End-User License Agreement, will be effective unless in writing and signed by the party to be charged (which, in the case of the Zunguka, shall require the signature of a duly authorized director of the Zunguka).

8.6 Assignment

This Agreement is personal to you. You may not assign any right you may have under this Agreement to any person or entity except as may occur by operation of law. Zunguka may assign any of its ownership and rights to another without requiring any consent from you.

​​

​

TERMS OF USE

​

1. ZUNGUKA IS NOT RESPONSIBLE FOR THE ACTIONS OF MOVERS AND USERS COMMUNICATING VIA THE ZUNGUKA APP AND/OR PROVIDING DELIVERY SERVICES

Zunguka is not an employer of Mover or User. You have no authority to bind Zunguka or cause Zunguka to have any responsibility for Delivery Services or for other delivery related legal obligations. Neither Mover nor User may undertake to hold yourself out as an employee, agent or authorized representative of Zunguka. Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Zunguka, you agree to indemnify, defend (at Zunguka’s option) and hold Zunguka harmless from and against any claims by any person, Mover or User related to the Delivery Services.

You as a Mover or User expressly agree that: (a) the End-User License Agreement and/or these Terms of Use create an employment agreement with Zunguka or with each other; (b) no joint venture, partnership, or agency relationship exists between Zunguka and you; and (c) that except as otherwise provided in these Terms of Use, Zunguka, Mover and User act as independent contractors to each other.

Mover and User hereby acknowledge and agree that Mover is a self-employed/independent contractor who chooses to perform Delivery Services for User who posts Delivery requests on the Zunguka App. At no time does Zunguka control whether or when a User posts, removes or retracts a particular Delivery request, or whether or when a Mover chooses to pursue and fulfill a Delivery request by offering Delivery Services for a particular Delivery request.

Communication between Mover and User through the Zunguka App regarding the performance of particular Delivery Services does not control whether a Mover chooses to simultaneously provide Delivery Services or any other types of services under another platform or App for User, another person or persons.

Mover and User acknowledge and agree that by making or accepting a Delivery request, Mover and/or User may, outside the control of Zunguka, Mover and/or User, be exposed to unknown third parties and contents in deliveries that may be or are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable and that Zunguka shall have no responsibility, obligation or liability therefor.

As to any recipient of Items sent by User (seller of the items), neither the Limited End-User License Agreement nor the Terms of Use create or establish any third-party beneficiary rights in the recipient assertable against Zunguka or the Zunguka App. Any issue, claim or remedy a recipient may have as to delivery or the quality or status of a delivered Item is between the recipient and the User (seller of the items) and/or Mov

​

2. ZUNGUKA DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER

Because Zunguka does not provide Delivery Services, Zunguka does not provide any regulated transportation or logistics services. As a result, Zunguka has no control over and is not responsible for the performance, actions or inactions of any Mover or User, whether associated with the use of the Zunguka App or the receiving or providing the Delivery Services between Mover and User in public, private, or offline interactions, or otherwise.

​

3. SAFEGUARDING ZUNGUKA ACCESS AND SECURING THIRD PARTY INFORMATION

You will secure and keep confidential your Zunguka App account password or any identification credentials we provide you which allows access to the Zunguka App and related services. You will not permit another person or entity to use your Zunguka App account password or any identification credentials we provide you which allows access to the Zunguka App and related services.You will secure and keep confidential any personal identifying information, confidential information, or information of any person, which you may receive through communications using the Zunguka App or which you may observe during the court of Delivery Services.

​

4. PROPER/IMPROPER USES OF ZUNGUKA

You will not use the Zunguka App or Delivery Services for any unlawful purposes. You will not use the Zunguka App or Delivery Services for communicating, sending, transporting or storing any unlawful material or for deceptive or fraudulent purposes.

The Zunguka App and Delivery Services will only be used in accordance with all applicable local laws and regulations as well as respecting copyrights, trade secrets, trademarks, patents or other rights of any third party, including privacy or publicity rights. Any material violation of these restrictions provides grounds for Zunguka to terminate your use of the Zunguka App.

Mover and User agree that you each individually have an understanding of all transportation laws applicable to any Delivery request and/or Delivery Service in which you participate. You agree and acknowledge that you are not relying upon any communication, instruction, opinion or representation from Zunguka as to how to comply with transportation on laws and regulations governing Delivery Services generally or any particular Delivery.

In any event, you warrant and agree that as to Delivery Services and Delivery there shall be:

1. no transportation whatsoever of any person;

2. no transportation of hazardous materials of any kind, including, but not limited to explosives, gases, flammable liquids,

   flammable solids, and/or poisonous or infectious substances, pool chemicals, paints and solvents, or anything designated by

   the Department of Transportation as hazardous materials;

3. no transportation of firearms, ammunition or other explosive materials;

4. no transportation of unlawful drugs; and

5. no transportation of goods for which you have reason to believe are illegal or stolen (“Prohibited Delivery”).

You acknowledge and agree that Zunguka is not responsible or liable for the shipment, preservation or disposal of contents of or any loss, fine or damage associated with any Prohibited Delivery known or unknown to Zunguka, Mover or User.

Certain controlled substances, by way of example only but not limited to, such as cigarettes, other tobacco products, alcohol, and unlawful drugs, may, dependent on laws and regulations of Rwanda, only be handled, sold and distributed in accordance with such laws. Mover and User acknowledge to Zunguka and to each other that Mover and User have independently identified, understand and will comply with all laws and regulations of Rwanda governing the handling, sale and distribution of controlled substances.

As a result, to prevent Prohibited Deliveries and to properly deliver other controlled substances, User and Mover agree to help protect each other through having User disclose generally the nature of the contents associated with its Delivery request and allowing the Mover to reserve its right to refuse Delivery Services based on a known or suspected Prohibited Delivery or delivery of other controlled substances.

You will not use any threatening, harassing, or otherwise inappropriate behavior to others using or associated with use of the Zunguka App.

You will not use the Zunguka App to discriminate against another user in violation of any governing law or regulation.

​

5. MOVER AGREEMENT

5.1 Mover Qualification and Provision of Delivery Services

You, Mover, acknowledge and agree that at all times material to Delivery Services: (a) you shall hold and maintain (i) a valid Mover’s license with the appropriate level of certification to operate your Vehicle, and (ii) all licenses, permits, approvals and authority applicable to you that are necessary to provide Delivery Services to User between pick-up and delivery; (b) you are at least 18 years of age or at least the age required by law for the delivery of content identified by User; (c) you possess the appropriate and current level of training, expertise, experience and physical health to provide the Delivery Services required for the Delivery request in a professional and safe manner with due skill, care and diligence; (d) you will maintain high standards of professionalism, service and courtesy; (e) you will not provide Delivery Services when under the influence of alcohol, illegal drugs or any substance that impairs your ability to drive safely and interact with others; and (f) you are medically fit to drive and to lift at least 50 kilograms without causing danger or health risk to yourself or another person.

You represent that independent of Zunguka you have consulted all professionals necessary to ensure compliance with (a)-(f) above.

You acknowledge and agree that you may be subject to certain background and driving record checks from time to time in order to qualify to provide, and remain eligible to provide the Delivery Services. You consent and allow Zunguka to request background and/or driving record records from relevant law enforcement or Mover license agencies or departments. You acknowledge and agree that Zunguka reserves the right, at any time in Zunguka’s sole discretion, to deactivate or otherwise restrict you from accessing or using the Zunguka App if you fail to meet the requirements set forth in these Agreements.

Mover consent that Zunguka may independently verify your qualification documentation from time to time in any way Zunguka deems appropriate in its reasonable discretion.

5.2 Vehicle Requirements

You acknowledge and agree that any vehicle you use to provide Delivery Services (“Vehicle”) shall at all times be (a) properly registered and licensed to operate as a transportation vehicle in the country corresponding the Delivery request; (b) suitable for performing the Delivery Services; (c) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in Rwanda; and (d) in a clean and sanitary condition and meets reasonable appearance standards deemed acceptable to maintain the reputation of Zunguka and User.

Mover consent that Zunguka may independently verify your Vehicle documentation from time to time in any way Zunguka deems appropriate in its reasonable discretion.

5.3 Mobile Communications

You agree that (a) you will possess an operable mobile device at all stages of Delivery Services; (b) use of the Zunguka App on your mobile device requires an active data plan with a wireless carrier associated with your mobile device, which data plan will be provided by you at your own expense; and (c) use of the Zunguka App on our mobile device as an interface with the Delivery Services may consume large amounts of data through the data plan.

5.4 Insurance and Taxes

After consulting with professionals, you have obtained and will maintain in force during all stages of Delivery Services, all automobile liability, workers’ compensation or health insurance coverage for Mover and your Vehicle.

You agree that Zunguka is not responsible for paying for automobile liability, workers’ compensation or health insurance coverage for Mover and your Vehicle or for any liability that may arise from a Mover’s performance of a Delivery Services, including any bodily injury or damage to property caused by or to the Mover while providing Delivery Services.

Mover acknowledges and accepts responsibility for all financial consequences to you related to personal income tax and personal property tax liabilities incurred while providing Delivery Services.

Zunguka has no responsibility or liability for any consequences resulting from Mover or User not having the proper authority, permits, licenses or insurance request or fulfill a Deliver request.

5.5 Mover’s Capability and Performance

Because Zunguka cannot know whether a particular Mover is physically capable of successfully providing Delivery Services, it is entirely the responsibility of the Mover to know and abide by their own physical limits.

For each and every Delivery Service you agree to: (a) as needed, properly distribute and secure the contents of a Delivery request (“Cargo”); (b) inspect the Cargo and devices to secure the Cargo prior to beginning trip; (c) have clear visibility on all sides of the Vehicle; and (d) use extreme caution and care with User’s Cargo when place in or on the bed of truck-like Vehicle. User consents that Mover may note any existing damage to any item of Cargo and photograph it prior to transport.

You agree to not accept a Delivery request for which you cannot safely load, securely transport and unload the intended Cargo with the Vehicle.You are responsible to mitigate or remediate damage to or loss of Cargo directly with the User. You agree that Zunguka shall have no liability for damage to or loss of Cargo at or between pick-up and delivery.

5.6 Your Relationship with Zunguka

You acknowledge and agree that access to the Zunguka App and participation in Delivery Services creates no transportation/delivery business relationship between Zunguka and you. Zunguka does not, and shall not be deemed to, direct or control you generally or in your particular performance of Delivery Services, your acts or omissions, your operation and maintenance of your Vehicle or your loading, transporting and/or unloading of Cargo. You retain the sole right to determine when, where, and for how long you will utilize the Zunguka App and comply with these Terms of Use, bearing all liability therefore.

With the exception of any signage required by local law or permit/license requirements, Zunguka shall have no right to require you to: (a) display Zunguka’s name, logos or colors on your Vehicle; or (b) wear a uniform or any other clothing displaying Zunguka’s name, logos or colors.You acknowledge and agree that you have complete discretion to provide Delivery Services to fulfill a Delivery request or otherwise engage in other business or employment consistent with these Terms of Use.

Zunguka retains the right to deactivate or otherwise restrict you from accessing or using the Zunguka App to communicate regarding the Delivery Services or from utilizing Zunguka’s payment collection services in the event of a violation of this Agreement, your disparagement of Zunguka, your act or omission that causes harm to Zunguka’s brand, reputation or business as determined by Zunguka in its sole discretion.

5.7 Geo-Location Tracking Agreement

To allow User and/or Zunguka to confirm the status and progress of Delivery Services provided by Mover, Mover agrees and consents that dynamic, geo-location information as to Mover’s Vehicle will be continuously provided to User and Zunguka via Mover’s mobile device and mobile communication service during the performance of Delivery Services. Mover hereby consents that the location of Mover’s Vehicle used to provide Delivery Services may be electronically or visually monitored, tracked and shared for the benefit of User and Zunguka.

5.8 Suspension and/or Permanent Termination of Mover Account

(a) Mover Ratings

The Zunguka App will allow Users to rate and comment on your Delivery Service performance. In order to continue to receive access to the Zunguka App and participate in Delivery Services, you must maintain an average rating by Users that exceeds the minimum acceptable rating established by Zunguka for your territory of service, as may be updated from time to time by Zunguka in its sole discretion (“Minimum Average Rating”). Your average rating will be determined by User’s satisfaction with your Delivery Services, not by your technical compliance with the End-User License Agreement and these Terms of Use. In the event your average rating falls below the Minimum Average Rating, Zunguka will notify you and may provide you, in Zunguka’s discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), Zunguka reserves the right to suspend or permanently terminate/deactivate your access to the Zunguka App and your participation in Delivery Services.

(b) Display of Mover Ratings

Mover agrees and consents that Zunguka may use, share and display the ratings and comments of User’s vis-à-vis your Delivery Service performance on the Zunguka App or related website in any manner in connection with the business of Zunguka without attribution to you or your approval. You acknowledge and agree that Zunguka is a conduit of (without any obligation to verify) and not the author or publisher of User ratings and comments, provided that Zunguka reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable or false content, include an individual’s name or other personal information, or violate any privacy laws, or other applicable laws or these Terms of Use.

5.9 Exchange of User and Destination Information

If you accept a posted Delivery request for Delivery Services, the Zunguka App will provide you with certain User Information including the pick-up and delivery destination locations and other related information. Mover shall give User or User’s agent at least ten(10) minutes beyond the scheduled pick-up time and/or delivery time to appear to coordinate pick-up of Cargo at the indicated location.

You will obtain the Delivery destination from the User through the Zunguka App.

You acknowledge and agree that once you have accepted a User’s request for Delivery Services, the Zunguka App may provide certain information about you to the User including at least your first name, contact information, photo and your Vehicle’s model and license plate number to permit the User or User’s agent to confirm Mover authenticity.

Except for purposes associated with the particular, accepted Delivery request, you shall not contact any User or recipient (the person or entity receiving delivery) or use any personal data or contact information of User or recipient for any other reason including for a future delivery. As agreed below with respect to non-disclosure, non-competition and non-circumvention, you will make no arrangement for other or future Delivery Services to be provided by yourself or by another with any User or Receiver except through the Zunguka App or related website.

Independent of Zunguka, you acknowledge and agree that: (a) you shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Delivery Services; and (b) you shall provide all necessary licensed and registered Vehicles, Vehicle accessories, equipment, tools and other materials, at your own expense, necessary to perform the requested Delivery Services.

5.10 Financial Terms

(a) Delivery and Payment

You agree that the fixed costs associated with the Mover's delivery which is previously stated by Zunguka shall be paid at the purchase of the items by the User (the buyer of the items). The amount received by the Mover shall be according to the formula previously stated by Zunguka.

(b) Changes to Fare Calculation; Fare

AdjustmentZunguka reserves the right to change the amount charged for Delivery Service (“Fare”) at any time in Zunguka’s discretion based upon local market factors. Your acceptance of a Delivery request with the associated Mover earnings will constitute your acceptance of the Zunguka’s Fare calculation. Additionally, Zunguka reserves the right to cancel the Fare for a particular instance of Delivery Services (e.g., User is charged for Delivery Services that were not provided, in the event of a User complaint, fraud, etc.). Zunguka’s decision to alter, reduce or cancel the Fare in any such manner shall be exercised reasonably.

(c) Payment Practices

Zunguka will process the User payment on your behalf through a third-party payment processing functionality. We will use commercially reasonable efforts to remit amounts owed to you by request made by the User. In the event that a User payment is not honored or is otherwise unsuccessful (bank card declined), Zunguka will make best effort in reaching the User to resolve the payment issue and Zunguka will then remit your payment as soon as the User makes a successful, follow up payment.

(d) Taxes

You acknowledge and agree that you are required to: (i) complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Delivery Services, including all Service Fees paid to you, as required by applicable law; and (ii) provide Zunguka with all relevant tax information if and as requested by Zunguka. You further acknowledge and agree that you are responsible for taxes on your own income arising from the performance of Delivery Services.

​

6. USER AGREEMENT

6.1 Responsibilities of User regarding Delivery Requests

In order to request a Delivery, you, the User, will have to specify certain information about the Delivery request which may include the pick-up address, the name of the recipient and destination address, the size of delivery, a description of the items you are requesting to be delivered (“Items”), the contact information of you and the recipient, the date and time of pick-up and the acceptable time allowance between pick-up and delivery subject to unforeseen or delivery obstacles outside the control of Mover such as weather, traffic, delivery vehicle breakdown, illness and/or recipient availability.

Using the address you provide, Zunguka will use commercially reasonable efforts to find you with a Mover to perform the Delivery request for you and will provide the Mover applicable details regarding the Delivery request. If no Movers are available, Zunguka will notify you that there are currently no Movers available to perform the Delivery request, at which point Zunguka will have no further obligation to attempt to find you a Mover for the applicable Delivery request.

For extra large size Delivery requests, upon pickup, User is responsible for bringing Item(s) to a specified exterior door or garage of User. Upon Delivery, Mover will deliver Item(s) to a designated front door, garage, or specified exterior door of Recipient.

For large (two or more people needed) Delivery requests, upon pick-up User is responsible for assisting or providing help loading the Item(s). Upon Delivery, the User or Recipient is responsible for assisting with or providing help unloading the Item(s) at the delivery destination. Mover may help upon Mover’s own discretion. User will still be responsible to provide the additional manpower required to load or unload any items a delivery Mover could reasonably not do alone.

At no point between pick-up and delivery will User be permitted to ride in Mover’s Vehicle with the Mover unless the Mover is the User.

If the cargo does not fit into the two-wheeled or three-wheeled vehicle partnered with Zunguka, the User (seller of the items) shall request the other User (buyer of the items) self-pickup.

The seller shall bear the costs related to the pickup of the cargo by the Mover who mistakenly made the request and arrived at the site.

6.2 Financial Terms

(a)The sales proceeds, after deducting the applicable fees, will be transferred to the seller's account by Zunguka once the buyer has received the item and both the seller and buyer have completed mutual ratings.

The transferred sales proceeds will be stored in the seller's account as "My Earning" and can be used for purchases or transactions within Zunguka. Additionally, in accordance with the procedures and regulations set by Zunguka, the seller may request the transfer of the sales proceeds to their bank account or mobile money account.

Please note that any service fees or charges incurred through the use of third-party services for the transfer will be borne entirely by the User. 

(b)Payment of the Fare shall be made through the payment processing made available through the Zunguka App. Fare(s) paid by you are final and non-refundable, unless otherwise determined by Zunguka. Unless otherwise agreed, Zunguka accepts identified credit card, Mobile Money through its third party payment processor. The payment will be required at purchase of items by the buyer. If the delivery is unable to be completed due to the Mover or Zunguka, Zunguka will refund your full payment to User.

6.3 Undeliverable Items

User (seller) shall be assessed a RWF5,000 fee if the Delivery Services are timely provided as agreed but due to the size, weight or nature of the item and it shall be paid directly to the Mover at the site.