Terms of Use
1. Contractual Relationship.
These Smarty Delivery Terms of Use (“Terms of Use”) govern your access and use of applications, websites, content, products, and services (the Services”) made available by Smarty Delivery Service, through its parent company Sims Technologies Ltd. Sims Technologies is a limited liability company registered in Ghana. Its Kumasi office is at 622 Osei-Tutu Blvd (Tech Road), Maxima Junction, Bomso, Kumasi, opposite the Goil Service Station, with digital address AK250-8550. Its Accra office is at V225 Ababio Link, Ashaley-Botwe, Accra, behind Shell/Starbite and near All for Christ Academy) with digital address GD-090-5352.
Sims Technologies Ltd’s Smarty Delivery Service enable you to arrange and schedule the delivery of the package (s) (the package (s)”) to a designated address by independent third party providers of delivery services who have an agreement with Sims Technologies Ltd or its affiliates ( Third Party Providers”), (collectively, Smarty Delivery”).
Please read the Terms of Use carefully prior to accessing and using the Services. Your agreement to the Terms of Use establishes a contractual relationship between you and Smarty Delivery. We may change these Terms of Use from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you. If you do not agree with these changes, you are free to stop using Smarty Delivery. By accessing or using Smarty Delivery Service, you confirm your agreement to be bound by the Terms of Use. If you do not agree to the Terms of Use, you may not access or use Smarty Delivery Service.
2. Access and Use of Smarty Delivery.
2.1. This section sets out rights and obligations that apply to your use of Smarty Delivery.
2.2 User Requirements.
You may not authorize third parties to use your account to access and use Smarty Delivery. You agree to comply with all applicable laws when accessing or using Smarty Delivery, and you may only access or use Smarty Delivery for lawful purposes.
2.3. Prohibited Items.
You may not use or access Smarty Delivery or use the delivery services provided by Third Party Providers to send any Prohibited Items under the applicable laws in your country ( Prohibited Items”). The list of Prohibited Items includes, but is not restricted to:
(i) Illegal items; (ii) Firearms, weaponry, and their parts; (iii) Alcohol; (iv) Highly perishable food or beverages (e.g., raw meat or dairy products), pharmaceutical products, over-the-counter medications, vitamins or supplements; (v) Recreational drugs, drug paraphernalia, or tobacco products; (vi) Money, gift cards, lottery tickets or transferable securities; (vii) Dangerous or hazardous items, including explosives, items that are poisonous or flammable, medical waste and other dangerous or hazardous items as described in the applicable regulations; (viii) Stolen goods and; (ix) Fragile items; (x) letters and postal articles.[1] Smarty Delivery retains the discretion to prohibit additional items from time to time. Your responsibility is to ensure that you have checked the current list of Prohibited Items each time you use the Smarty Delivery request option.
2.4. Package Restrictions.
The package (s), together, per trip, (i) may not be greater than 15 Kilograms, (ii) must fit comfortably in the courier box of a motorcycle, and (iii) may not have a total value greater than GHC 100
2.5. Preparing Package(s).
You must prepare and securely close and seal the package (s) for safe delivery. Applicable law may require the Third Party Provider to be aware of the content of the package (s), in which case you shall not seal the package (s) until the Third Party Provider has inspected the contents of the package (s).
2.6. Refusal or Rejection of Deliveries:
You acknowledge and agree that the Packages are delivered at your request by the Third Party Providers. Smarty Delivery does not deliver the Packages. When you order the delivery of a Package by Third Party Providers through our Services, you enter into a contract with a Third Party Provider. The Third-Party Providers are free to accept, refuse to pick up or deliver the package (s) or cancel the delivery of the package (s) after acceptance for any reason. The third-party provider and everyone who signs up to a Smarty Delivery account is bound by the Community Guidelines available here [2]. Smarty Delivery will charge you a cancellation fee per Smarty Delivery’s cancellation policies if you cancel your request.[3]
2.7. Delivery, Redelivery, and Undelivered Packages:
If the Third Party Provider is unable to complete the delivery, for example, because the Third Party Provider is unable to locate the delivery location and is unable to make contact with the intended recipient, the Third Party Provider may attempt to arrange for the return of the package to you. Suppose the Third Party Provider is unable to return the package to you. In that case, you acknowledge and agree that the package may be left at the original pickup location, an alternative location as instructed by you, Smarty Delivery Office, or at the delivery location or safe place near the delivery location as agreed between you the Third Party Provider. To the extent feasible and if requested by you, the Services will reasonably permit you to rearrange the delivery with Third-Party Providers or facilitate the
exchange of the undelivered package between you and the Third-Party Providers. You are responsible for the reasonable costs associated with the return, redelivery or disposal of your package. The exception will be offered only where the return, redelivery or disposal arises from any fraudulent, unlawful or negligent act or omission by the Third Party Provider or in case of total or partial non-performance by the Third Party Provider. This exception will apply so long as you did not cause the fraudulent, unlawful or negligent act or omission. Smarty Delivery reserves the right to facilitate payment for the reasonable costs associated with the return, redelivery or disposal of your package on behalf of the Third Party Provider using any of your payment methods designated in your account. Such amounts will be transferred by Smarty Delivery to the
applicable Third Party Provider.
2.8. Loss or Damages: Third-Party Providers are not liable to you or any other person for any loss or damage arising, or that may be suffered, in connection with the provision of the delivery except to the extent that any loss or damage arises from any fraudulent, unlawful or negligent act or omission by the Third Party Provider or the Third Party Provider s total or partial non-performance which you did not cause.
2.9. Payment. The Packages’ delivery charges per the Terms of Use will be presented to you in the Application or Website you use to access Smarty Delivery. Smarty Delivery reserves the right to facilitate payment for the reasonable charges associated with the delivery, return, redelivery or disposal of your package on behalf of the Third Party Provider using any of your payment methods designated in your account. Such amounts will be transferred by Smarty Delivery to the applicable Third Party Provider. Notwithstanding the preceding, where Smarty Delivery makes available the option to pay for the delivery of Packages in cash, you shall be responsible for paying the Third Party Provider.
3. Limitation of Liability; Indemnity.
3.1. Nothing in these “Terms of Use” limits and excludes any liability that cannot be legally limited or excluded. These include liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alter your rights as a consumer that cannot be excluded under applicable law.
3.2. Smarty Delivery does not maintain insurance for loss, damage, or theft regarding the Packages or delivery provided by Third Party Providers in connection with Smarty Delivery. You should contact an insurance agent or broker if insurance coverage is desired in connection with the package (s) or your use of Smarty Delivery.
3.3. If you use Smarty Delivery to arrange delivery of the package (s) not prohibited under these Terms, you assume full responsibility for such package (s) after delivery, including any damage due to temperature sensitivity or tampering.
3.4. Smarty Delivery is not liable under concerning these Terms of Use including, but not limited to, liability in contract, tort (including negligence, misrepresentation), restitution or otherwise for any of the following connected to the use of Smarty Delivery: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill, (vii) indirect or consequential loss and (viii) Loss, theft, tampering or delay in regards to the Packages that you send using Smarty Delivery.
3.5. Smarty Delivery is not liable for: (i) damages or losses arising from any transaction between you and a Third Party Provider; or (ii) the availability of the services provided by the Third Party Provider.
3.6. Smarty Delivery is not liable for delay or failure in performance resulting from causes beyond our reasonable control.
3.7. Smarty Delivery s total liability to you for the usage of Smarty Delivery service and not concerning any other arrangements between us for which the liability arrangements are governed by way of a separate agreement) shall be limited to the value of the package (s) contents subject to a maximum of GHC100. You may be required to produce proof of the value of the package (s).
3.8. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by you or any third party.
3.9. In addition to any indemnity provided in section 5 of the Terms, in respect of your use or access to Smarty Delivery Services and your use of delivery services provided by Third Party Providers, you agree to indemnify and hold Smarty Delivery and its affiliates and their officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, and expenses. These liabilities and expenses include legal and other fees arising from any loss or damage to property, injury, illness, or death to any person. It also includes missed delivery, including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver. Furthermore, it covers any other loss or damage of any kind caused by your fraudulent, negligent or unlawful act or omission or any failure to comply with the Terms of Use.
4. Termination.
You acknowledge and agree that Smarty Delivery will temporarily be made available by Smarty Delivery. Accordingly, and unless terminated earlier in connection with a Services Agreement or the Terms of Use, Smarty Delivery may, in its sole discretion, terminate these Terms of Use or discontinue Smarty Delivery at any time by giving you reasonable advance notice in writing.
5. Privacy.
Where applicable, you confirm that you have obtained consent from the sender or recipient to share their address details with Smarty Delivery and that their data will be processed per our privacy Notice [https://……/…….].
6. Dispute Resolution Process.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms of Use, including those relating to its validity, its construction or its enforceability (any Dispute”) shall be first mandatorily submitted to mediation proceedings per the Alternative Dispute Resolution Act, 2010 (Act 798) ( ADR Act”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration per the ADR Act. The Dispute shall be resolved by one (1) arbitrator appointed per the ADR Act. The place of both mediation and arbitration shall be Accra, Ghana. The language of the mediation or arbitration shall be English unless you do not speak English, in which case the mediation or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties,
correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party. This condition will hold unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Governing Law and Jurisdiction.
These Terms shall be exclusively governed by and construed per the laws of Ghana.
8. Withdrawal of Services.
Smarty Delivery may immediately terminate these Terms of Use or any Services concerning you or generally cease offering or deny access to the Services or any portion hereof, at any time for any reason.
By accepting these Terms, you agree to be bound by these Terms.