package delivery terms

These Dosta Package Delivery Terms and Conditions (“Package Terms”)govern your access and use of applications, websites, content, products, andservices (the “Technology Services”) made available by Opale et Compagnie S.A.S, registered in the Democratic Republic of the Congo with the registration number CD/KNG/RCCM/20-B-00959 (“Dosta”) that enable users to arrange and schedule the delivery of package(s)(the “Package(s)”) to a designated address (“Delivery Services”) (collectively, the “Delivery Marketplace”).

Your access and use of the Delivery Marketplace is also governed by our Terms and Conditions (“Terms”) and Privacy Policy, as well as all other applicable terms, conditions, policies, limitations and requirements. If, and then only to the extent that, the Terms, Privacy Policy or other applicable terms are inconsistent with the Package Terms, the PackageTerms will control only with respect to the Delivery Marketplace. PLEASE READ THE PACKAGE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DOSTA. In the Package Terms, the words "including" and"include" mean "including, but not limited to." Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Terms.

By accessing or using the Delivery Marketplace, you confirm your agreement to be bound by the Package Terms. If you do not agree to the PackageTerms, you may not access or use the Delivery Marketplace. Dosta may immediately terminate these Package Terms or the Delivery Marketplace with respect to you, or generally cease offering or deny access to the DeliveryMarketplace or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DOSTA ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OFTHE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OFTHIS IMPORTANT DECISION.

The Delivery Marketplace enables users to arrange and schedule Delivery Services with third party providers of such services (“Service Providers”).

You may not authorize third parties to use your Account to access and use the Delivery Marketplace. You agree to comply with all applicable laws when accessing or using the Delivery Marketplace, and you may only access or use the Delivery Marketplace for lawful purposes.

You agree that before initiating a Delivery Service on theDelivery Marketplace, you are well aware of these contents of the Package sent or requested by you, and that such contents are legal and within limits of transportation under any applicable law.

You may not in your access or use of the Delivery Marketplace cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.

You may not access the Delivery Marketplace or use the DeliveryService to send any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not limited to:
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    ·    People;
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    ·    Illegal items;
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    ·    Firearms, weapons, ammunition, and their parts;
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    ·    Alcohol;
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    ·    Highly perishable food or beverages (e.g., frozen products);
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    ·    Recreational drugs, drug paraphernalia, or tobacco products;
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    ·    Currency (paper or coin) of any nationality, securities (including stocks and bonds,          share certificates and blank signed share transfer forms), coupons, stamps,          negotiable instruments in bearer form, cashier's cheques, travellers’ cheques,          money orders, passports, credit/debit/ATM cards, , lottery tickets, gambling          devices, work of arts, antiques;

    ·    Dangerous or hazardous items, including explosives, items that are poisonous or          flammable (e.g., paints or adhesives containing a flammable liquid), hazardous          waste (e.g., hypodermic needles), or medical waste;

    ·    Stolen goods;

    ·    Fragile items;

    ·    Sexual aids; obscene or pornographic material;

    ·    Livestock, regulated species (e.g., noxious weeds, prohibited seeds),human          corpses, organs or body parts, blood, urine and other liquid diagnostic specimens          or animal parts, bloods, or fluids;

    ·    gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious          stones including commercial carbons or industrial diamonds;

    ·     any prepared food from restaurants or any other commercial prepared           food vendor;

    ·    Any items for which you do not have permission to send;
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The above list of Prohibited Items is not exhaustive. Dosta retains the discretion to prohibit additional items that are not on the above list.

You also agree that, upon becoming aware of the commission of any offence or your intention to commit any offence upon initiating or during a Delivery Service of any non-permitted item(s) or otherwise restricted under applicable law, us or the Service Provider may report such information to the law enforcement authorities.

The Package(s), together, per trip, may not be greater than 10*10*10 in measurements and 5 kilograms in weight. You must prepare and securely close and seal the Package(s) for safe delivery.

At a Service Provider’s sole discretion, a Service Provider may refuse to pick up or deliver the Package(s), or cancel the delivery after acceptance if the Service Provider believes You are infringing upon the Terms;

If the Service Provider is not able to complete the delivery because, for example, the recipient is not at the delivery location to accept the delivery, the Service Provider may attempt to arrange for the return of the Package to you. You acknowledge and agree that you may be charged for any costs associated with a delivery failure or a return delivery.

If the Service Provider is not able to return the Package, you acknowledge and agree that the Package may be left at the original pickup location, a Dosta hub (if available in the particular market), with local law enforcement or, provided you send the Service Provider written instruction via the Technology Services, at the delivery location. To the extent feasible and if requested by you, Dosta will also attempt to facilitate an exchange of the undelivered Package between you and the Service Provider. You acknowledge and agree that you may be charged additional fees in connection with the return, redelivery or disposal of your Package.

The delivery marketplace is provided "as is" and "as available." Dosta disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these Package Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Dosta makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the delivery marketplace or any services or goods requested through or transported through the use of the delivery marketplace, or that the delivery marketplace will be uninterrupted or error-free. Dosta does not guarantee the quality, suitability, safety or ability of service providers. You agree that the entire risk arising out of your use of the delivery marketplace, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

In no event shall Dosta’s aggregate liability exceed the amount paid by you for the delivery service.

Dosta 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 delivery marketplace, regardless of the negligence (either active, affirmative, sole, or concurrent) of Dosta, even if Dosta has been advised of the possibility of such damages.

Dosta shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the delivery marketplace or your inability to access or use the delivery marketplace; or (ii) any transaction or relationship between you and any service provider, even if Dosta has been advised of the possibility of such damages. Dosta shall not be liable for delay or failure in performance resulting from causes beyond Dosta's reasonable control.

You assume exposure to and risk of any loss, theft, tampering or delay in your use of the delivery marketplace. Dosta does not maintain insurance for loss, damage, or theft. You should contact an insurance agent or broker if insurance coverage is desired. Dosta does not provide insurance coverage.

If you use the delivery marketplace to arrange delivery services and send food or beverages not otherwise prohibited by these Package Terms, you assume full responsibility for such items after delivery, including any damage due to temperature sensitivity and/or tampering. You further assume full responsibility for chilling any perishables immediately upon delivery to help maintain the safety and quality of those items.

The delivery marketplace may be used by you to request and schedule delivery services with Dosta service providers, but you agree that Dosta has no responsibility or liability to you related to any delivery or logistics services provided to you by service providers other than as expressly set forth in these Package Terms.

You agree to indemnify and hold Dosta and its affiliates and their 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 Delivery Marketplace or services or goods obtained through your use of the Delivery Marketplace, including, but not limited to, any harm caused by a Package(s); (ii) your breach or violation of any of these Package Terms; (iii) Dosta's use of yourUser Content; or (iv) your violation of the rights of any third party, including Service Providers.

Dosta may in its sole discretion change the Package Terms or any aspect of the Delivery Marketplace, the Technology Services or cancel theDelivery Marketplace at any time without notice to you. To the maximum extent permitted by law, your continued use of the Delivery Marketplace after the effective date of the revised Package Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the Package Terms.

These Package Terms are governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Deliver Services or these PackageTerms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be resolved in accordance with the Terms.

You may not assign these Package Terms without Dosta's prior written approval. Dosta may assign these Package Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Dosta's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Dosta or any Service Provider as a result of the Package Terms or use of the Delivery Marketplace. If any provision of these Package Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Dosta's failure to enforce any right or provision in these Package Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dosta in writing.