Contents

  1. General
  2. Copyright Infringement
  3. Service delivery
  4. Content Policy
  5. User Content
  6. Submissions
  7. Swista platforms user’s policy
  8. The Don’ts
  9. The Dos
  10. No Warranties
  11. Limitations of liability
  12. Reasonableness
  13. Site Uptime
  14. Supplemental terms
  15. Revisions
  16. Visitor Conduct
  17. Links
  18. Site Terms of Use Modifications
  19. Other parties
  20. Unenforceable provisions
  21. Indemnity
  22. Breaches of these terms and conditions
  23. Severability
  24. Entire agreement
  25. Law and jurisdiction

Welcome to swistaparcels.com (herein referred to as “website”; “we”; “blog”).

TERMS AND CONDITIONS IN DELIVERY OF SWISTA LOGISTICS SERVICES WHILE USING SWISTA APPLICATIONS AND WEBSITES

This document explains the terms by which you may use the Swista Platforms which include (IOS & Android applications, website(s) and the materials in it, services or software accessible through it (the “Service”)). By accessing this application or website, you are agreeing to be bound by these Company Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree with any of these terms, please do not use this platform. Platform to us means; any means through which you are able to get a service from Swista Logistics Applications may it be through websites, USSD service codes, software, mobile phone applications etc.  The materials contained in this website are protected by applicable copyright and trade mark law. We do occasionally update these terms so please refer back to them in the future.

We reserve the right to modify this Agreement at any time. If we change this Agreement, we shall identify a new date after the “Last Modified” appearing above. By using our Platform(s) after we post any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them. If you do not wish to be bound by this Agreement, you are not authorized to use our Platform(s).

1         General

You must be at least 16 [sixteen] years of age to use this platform(s). By using this or these platform(s) and by agreeing to these terms and conditions, you warrant and represent that you are at least 16 years of age.

These Terms and the other policies posted on the Swista’s online platform(s) constitute the complete and exclusive understanding and agreement between you and Swista Logistics and govern your use of the Service and the Platform(s) superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email.

2         Copyright Infringement

If you believe your brand, assets or any type of material on the platform(s) is infringing upon your copyright, please e-mail us the following details and the infringing material will be removed as soon as possible.
(a) your name, address, telephone number, and e-mail address; (b) a description of the copyrighted work that you claim has been infringed; (c) the exact URL or a description of each place where alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law; (e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and (f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

3         Service delivery

 

 

4         Content Policy

4.1       User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this platform(s), for whatever purpose.

You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the platform(s) and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the platform(s).

In connection with such Content posted on, transmitted through, or linked from the platform(s) by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Platform(s) (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Swista to use such Content to enable inclusion and use of the Content in the manner contemplated by the Platform(s) and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Platform(s) and these Terms.

For clarity, you retain all of your ownership rights in your Content, materials or assets; however, by submitting the Content, materials or assets to Swista, you hereby grant to Swista a worldwide, irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, adapt, translate, prepare derivative works of, display, and perform the Content in connection with the platform(s) and Swista’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform(s) and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known.

You also grant to Swista the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Swista all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform(s) by any party for any purpose.

You also hereby grant each user providing a service to you through any of Swista’s platforms a non-exclusive license to access your Identification details and contacts. We only share your personal data with the agent or agents who are supposed to deliver goods to you, pick goods from you, for you and the reverse is also true.  We also share the data with the person receiving the goods through the agent so as to confirm that they’ve been delivered to the right person. This information can also be shared with the legal authorities incase there is an investigation being carried out on either the users or the service provider. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Swista or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Swista reserves the right to edit or remove any material submitted to its applications or website(s), or stored on the servers of Swista, or hosted or published upon this website.

Swista’s rights under these terms and conditions in relation to user content, Swista does not undertake to monitor the submission of such content.

You understand that Swista does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails outside Swista’s e-mail system or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and that by using the Website you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Swista be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, e-mailed or otherwise made available via the Website.

You acknowledge and agree that Swista does not pre-screen or approve any Content, but that Swista has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms or for any other reason or no reason at all.

Furthermore, the Website and Content available through the Website may contain links to other third party websites which are completely unrelated to Swista. If you link to Third Party website, you may be subject to those Third Party website’ terms and conditions and other policies. Swista makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Swista disclaims all liability thereto.

4.2       Submissions

This Website enables you to post comments and other content to the articles in our Website (“Submissions”). We believe that our Website facilitate communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. You acknowledge and agree that we do not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot ensure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on our Website. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submission that you post to our Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission. You agree that you shall immediately notify us in writing of any objectionable Submissions or other content appearing on our Website.

5         Swista platforms user’s policy

5.1       Registration of users

You will be able to access websites without having to register any details with us. For you to use Swista applications, which include customer, agent and partners apps, you must be registered user. As a customer we only need you to register with your Name, phone number and email address. For agent’s app and partner’s app we require more details about them. They have to provide us with a copy of identification card, pin number, driving license, passport photo and a copy of logbook for the vehicle owner. There are instances where we may also request them to submit a good conduct certificate from director of criminal investigation. All agents should be registered with Swista’s administration prior to use of our software and online applications for them to offer services to our clients. Application for registration can be done by submitting the agent’s information to Swista’s admin either physically or by filling the registration form on our websites.

Note that; it’s illegal to use another person’s phone number to register in Swista platforms so as to receive services. Swista will be sending a onetime SMS code to verify that you are the user of the phone number provided before you are registered into the system.  You are permitted to use our website for your own purposes related to transport and to print and download our policies from the website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission. The copyright and other intellectual property rights in all material on our website, including articles, photographs and graphical images that are owned by us or our licensors and must not be reproduced without our prior consent.

According to Swista operation policies, agents are people who have been assigned the role to pick goods or cargo from our client or clients and to deliver them to specified/preferred destinations. These agents include drivers of all types of vehicles, machine operators, motor bike riders, massagers (walker agent) and officers manning Swista’s collection stations. A collection station can be a vehicle parked at a roadside or a space in building structure used to collect cargo or goods to be transported to various destinations within a country. For agents to be allowed to use the system they must have a smart phone and be activated by the administrator. If the agent has not been activated by the administrating officers, he is not around to use the agent’s application to deliver goods to clients.

5.2       The Don’ts

A customer should never request for transport when goods he or she does not own or have not been paid for in case there being picked in business premises.

We don’t allow any of our agents to transport any unauthorized or prohibited goods by the government of Kenya. You should never request Swista to connect you to an agent to offer transport services to you if you are aiming to transport such goods. The moment our agent finds out that you are in an illegal business they are supposed to report you to the nearest police station. If agents agree to transport an authorized goods or banned goods there are liable.

None of our agents is allowed to mix parcels with flammable chemicals or goods such as gas cylinders, petrol, diesel, paraffin etc. Such goods are transported separately.

You must not use Swista’s platforms whether online or offline in any way that causes, or may cause, damage to the platforms or impairment of the availability or accessibility of Swista platforms or in any way which is unlawful, harassing, defamatory, pornographic, libelous, invasive of another’s privacy or other rights, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without Swista’s express written consent. This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use Swista’s online platforms, website or any part of them to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of Swista.

You agree not to post, email, or otherwise make available Content:

  • that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • that is of a discriminatory nature based sex, familial status or handicap, race, color, national origin, religion, (or violates any applicable state or local law prohibiting discrimination on the basis of aforementioned characteristics or any other characteristics);
  • that includes personal or identifying information about another person without that person’s explicit consent;
  • that impersonates any person or entity, including, but not limited to, a Swista employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  • that is false, deceptive, misleading, deceitful, miss-informative, or constitutes “bait and switch” offer;
  • that includes links to commercial services or Third Party website, except as specifically allowed by Swista;
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by the Kenyan law; or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

  • make any libelous or defamatory comments or postings to or against anyone;
  • collect personal data about other users or entities for commercial or unlawful purposes;
  • post content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
  • post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
  • attempt to gain unauthorized access to computer systems owned or controlled by Swista or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.

5.3       The Dos

All users of the Swista platforms where customers are included are supposed to:

Provide accurate information for efficient delivery of services. This information includes:

  • pick up location (where goods will be picked by an agent),
  • destination or drop off point (where goods will be delivered),
  • your full name(not a group of people, a company in general or an organization),
  • full name of the individual picking goods (not a group of people, a company in general or an organization),
  • Contacts of the recipient of the goods,
  • Type of goods being transported,
  • If possible indicate the value,
  • Mode of transport that you would like to be used by an agent (delivery mode),
  • Parcel Quantity/Size/Weight (Kgs), and
  • Any instructions you may want to give (to be done in writing to the agent via sms, email or in a paper depending on what is convenient at a particular instance).

Choose the most convenient mode of communication, while communicating with agent agents handling your goods.

Confirm that goods have been delivered in good shape, quantities and quality as they were in while dispatching.

Report complains of dissatisfaction via support@swistaparcels.com or by making a call to the numbers provided in our websites or marketing materials.

The employees must display the SMS sent from Swista Authorizing him or her to collect a parcel. Customers must confirm that the message from Swista’s employee has the same code as the one in their messages. Customer should also confirm that they have issued parcels to the right person by counter checking ID of Swista Employee Agent.

Agents should have a delivery book to be signed by both the customer and the collection point agent. Details to be contained in a delivery book are; type of parcel or what’s being transported, value of parcel, Name & Contacts of the sender and receiver, name of agent & ID number, Parcel Number, destination of the parcel and dates. Date of receiving and expected arrival. Amount charged for transportation.

In case an agent is collecting goods from a customer’s premises he has to be provided with the receipts copies of paid goods and a delivery note to submit at the drop off point. Agents and partners should not take Swista liable for carrying unauthorized goods, goods that have been stolen or substances that have been banned by government.

Driver agent to deliver door to door and make sure that the recipient has signed delivery note.  For Nairobi parcels; parcels will be received at collection points and later dispatched after every half hour. Once the driver accepts an order and later cancels you have to give a reason for cancelation which will be investigated. If the reason is not appropriate they are fined.  Once the customer has requested a vehicle and has arrived and later decides to cancel the trip due to some reasons, out of good faith and understanding, he has to willingly cater for some costs incurred.

Loading and offloading cost is catered for by the customer. Parking space and cost for loading and offloading is availed by the customer. Customer is requested to make logistics for loading and off-loading easier, faster and efficient to enable us to serve them better. If loading and offloading takes longer than normal time expected, we will start charging for extra hours spent waiting. We offer on demand delivery services, therefore we expect you task for transport once you’re ready. We guarantee delivery of a vehicle within the shortest time possible and will be communicated to you once you make an order.

Customer is supposed to provide proper and authentic documents for transporting goods whose copies should be issued to the driver on transit before he leaves the premises. The owner carries all responsibility if dispute concerning ownership of goods being transported arises. All delivery  notes to be signed & stamped before the goods leave the customer premises.

In case goods are damaged or lost while in transit, the driver is responsible. We only pay for goods damaged or lost in clear circumstances. These goods are paid by insurance firms since they are insured. Customers should ensure that they have proper delivery notes issued by driver with them. On top of this, all records should be the same with what is located in the system.

6         No Warranties

You expressly acknowledge and agree that use of the website and the service is entirely at your own risk and that the website and the service are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.

Swista makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Swista does not warrant that:

  • That all applications, website or any other platform will be constantly available, or available at all times; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Swista makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any third party websites linked to the website and assumes no liability or responsibility for any:

  • errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website and service;
  • any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein;
  • any interruption or cessation of transmission to or from the website;
  • any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party; and/or
  • any errors or any loss or damage of any kind incurred as a result of the use of any service provided via Swista platforms, content posted, emailed, communicated, transmitted, or otherwise made available via the website or the service.

Swista does not warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Swista will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or third-party providers of products or services. Swista can only punish such individuals by removing their adverts from Swista platforms or deactivating their accounts if they are users of our platforms once they are reported and proven to have acted in manner to harm or lead to a loss to you. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

7         Limitations of liability

In no event shall Swista logistics and its dispensing channels or its websites be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this site even if this site or an authorized representative has been notified orally or in writing of the possibility of such damage.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You specifically acknowledge and agree that Swista shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

8         Reasonableness

By using this platform or other Swista platforms, you agree that the exclusions and limitations of liability set out in disclaimer are reasonable. If you do not think they are reasonable, you must not use Swista platforms.

9         Site Uptime

We take all reasonable steps to ensure that our online platforms are available 24 hours every day, 365 days per year. However, online platforms do sometimes encounter downtime due to server and, other technical issues. Therefore, we will not be liable if Swista platforms are unavailable at any time.

Swista service delivery platforms may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

10    Supplemental terms

Supplemental terms refers to particular engagement entered into in writing with Swista which may refer to an agreement or policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosure (for example a particular promotional material or document) or in connection with the particular Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to particular services.

11    Revisions

Swista platforms may make changes to the design, structure or modules of its service delivery platforms with a purpose of improving our services to the users.  Swista can make these changes on its platforms at any time without notice. Swista does not, however, make any commitment to update the platforms.

12    Visitor Conduct

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using Swista online platforms you shall not post or send to or from the platforms any material for which you have not obtained all necessary consents, that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in Kenya, and that is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to Swista platforms in breach of this item.

13    Links

Any links to third party websites located on this website are provided for your convenience only. This website has not reviewed all of the sites linked to it and is not responsible for the contents of any such linked site.

The inclusion of any link does not imply endorsement by any of Swista platforms. Use of any such linked website is at the user’s own risk. If you would like to link to our service delivery platforms or website, you may only do so on the basis that you link to, but do not replicate, any page on the platforms or website.

14    Site Terms of Use Modifications

Swista’s online delivery platforms may revise these terms of use at any time without notice. By using these platforms you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

15    Other parties

You accept that Swista has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Swista’s officers or employees in respect of any losses you suffer in connection with the platforms.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these platforms disclaimer will protect Swista’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Swista.

16    Unenforceable provisions

If any provision of these platforms disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these platforms disclaimer.

17    Indemnity

You hereby indemnify Swista and undertake to keep Swista indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Swista to a third party in settlement of a claim or dispute on the advice of Swista’s legal advisers) incurred or suffered by Swista arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

18    Breaches of these terms and conditions

Without prejudice to Swista’s other rights under these terms and conditions, if Swista believes that you have breached or violated these terms and conditions in any way, Swista may take such action as it deems appropriate to deal with the breach or violation, including suspending your access to all its platforms, prohibiting you from accessing the website, blocking computers using your IP address from accessing Swista pplatforms, contacting your internet service provider to request that they block your access to Swista Platforms including websites, delete or deactivate your account, block your e-mail address and phone number, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason at all, including, without limitation, and/or bringing court proceedings against you.

Swista may also terminate a user’s access to its online platforms, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice.

Further, at its sole discretion, Swista reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. Swista may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

19    Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20    Entire agreement

These terms and conditions, together with Swista’s Privacy Policy constitute the entire agreement between you and Swista in relation to your use of its online platforms, and supersede all previous agreements in respect of your use of a particular platform.

21    Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of Kenya, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Kenya.