+263 77 326 5854, +263 77 826 0466

Terms and Conditions to providing service on Thumeza’s services. 

1.The Services

The Services comprises a platform for clients with delivery needs to be connected to logistics operators referred to as “Partner Drivers”, which enable users to arrange and schedule logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with Thumeza or certain of Thumeza’s affiliates (“Third Party Providers”). In certain instances the Services may also include an option to receive logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. You acknowledge that your ability to obtain logistics and or delivery services through the use of Thumeza does not establish Thumeza as a provider or logistics or delivery services.

2.Provision of Services

You acknowledge that portions of the Services may be made available under Thumeza’s various brands or request options associated with transportation or logistics, including the brands currently referred to as “Thumeza Last Mile,” and “Intransit”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Thumeza’s subsidiaries and affiliates; or (ii) independent Third Party Providers or holders of similar transportation permits, authorizations or licenses.

3.Payment Terms

Individual Users

  1. You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Thumeza will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services.
  2. You acknowledge that a quotation unless accepted within a period of 24 hours upon being proffered is rendered invalid and will have to be requoted in order to be translated into an invoice.
  3. As a non-enterprise user of these services, payment will be required upfront prior to any services being availed to you. Should you require credit facilities, please reach out to [email protected]
  4. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. All Charges and payments will be enabled by Thumeza using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Thumeza may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Thumeza.
  5. As between you and Thumeza, Thumeza reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Thumeza’s sole discretion.
  6. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Thumeza will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Enterprise Clients

  1. You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). Thumeza will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services.
  2. You acknowledge that a quotation unless accepted within a period of 24 hours upon being proffered is rendered invalid and will have to be requoted in order to be translated into an invoice.
  3. You acknowledge that invoices upon submission are due for payment within a period of 7 business days.
  4. Should the initial 7 days’ lapse without payment, an invoice will be reissued with a 10% interest penalty per week.
  5. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. All Charges and payments will be enabled by Thumeza using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Thumeza may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Thumeza.
  6. As between you and Thumeza, Thumeza reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Thumeza’s sole discretion.
  7. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Thumeza will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

4.Non Liability of the Company

All services and carriage rendered Thumeza in terms of these conditions shall be at the risk of the client which shall mean that Thumeza shall not be liable for any loss of any nature whatsoever which the client may suffer as a result of any cause whatsoever, it is specifically recorded without prejudice to the generality thereof that the client acknowledges that the transport and/or storing of merchandise and/or any other service undertaken by Thumeza for the client in terms of these conditions shall be undertaken on the specific condition that Thumeza shall not be liable for any damage, shortage or delay due to or caused by any negligence, whether gross or otherwise, on the part of Thumeza or its employees or its agents or its assigns or from any other cause whatsoever. Furthermore, if notwithstanding the provisions hereof, any absolute or strict liability may be deemed to arise at any time against Thumeza as a carrier under the common law prevailing in Zimbabwe any such liability is in terms hereof explicitly excluded in respect of any service or carriage of goods provided or rendered by the Thumeza.

5.Dispute Resolution

Any dispute between the Parties hereto in regard to the interpretation of; or the effect of; or the implementation of; or any other matter arising directly or indirectly out of this Agreement, shall be referred, in the first instance, for resolution by arbitration.

The arbitrator shall be chosen by the Parties. In the event that the Parties are unable to agree on the appointment of the arbitrator, the appointment shall be made by the Commercial Arbitration Centre in Harare on the written request of any of the Parties;

1 Notwithstanding that the place of arbitration shall be Harare, the Parties may agree, or failing such agreement, the arbitrator my direct, that any hearing/s or proceedings/s be held elsewhere;

2 The language to be used in the arbitration proceedings shall be English.

3 In determining any dispute between the Parties, the law of Zimbabwe shall be applicable.

6.Legal Jurisdiction

These Terms are governed by and construed in accordance with the laws of Zimbabwe, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Zimbabweans to assert claims under Zimbabwe law whether that be by statute, common law, or otherwise. These provisions, are only intended to specify the use of Zimbabwe law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Zimbabwe law to you if you do not otherwise reside in Zimbabwe.

 

THUMEZA PRIVACY POLICY 

By accessing Thumeza websites, applications and accepting the statement with the link, I agree and continue to access the Thumeza Enterprises websites and applications, you accept the terms and the processing of personal data described in the privacy notice. Please read these terms carefully, as they constitute a legal agreement between you and Thumeza Enterprises. If you do not agree, please refrain from accessing Thumeza websites and applications.  If Thumeza Enterprises changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you will be asked to accept the updated terms of use before you can access the Thumeza application. Rejection of the updated terms and conditions will result in the user losing access to Thumeza services as a Driver or Client.

You may withdraw your consent at any time. We will then refrain from further processing your personal data, except to the extent the processing of your personal data is lawful for other reasons, even without your consent, such as lawful purposes as fulfilling the contractual obligations or compliance with law or to protect our or third parties legitimate interests (such as the uninterrupted availability of our website or enforcement of violations of law).

 

1. INFORMATION COLLECTED BY THUMEZA

This includes information that is on the Thumeza databases, online servers, phone book or any other records held accountable by Thumeza Enterprises

1.2 Sources of data collection

You as the subject, provide Thumeza Enterprises with data in two ways, by providing the information our online platforms (website and applications), or by interacting with us. 

 1.2.1 Information you provide

We receive and store any information you enter on Thumeza Websites and Applications provided to us during registration, accessing your account or profile, submitting questions on help platform or utilizing customer support or communicate with us or requesting a quotation for services.  Collected information includes from Clients (enterprises that need their loads to be shipped) (a); name, postal address, email address, phone numbers, (b) data necessary to process your payment (including the credit card/payment instrument information) for online orders or to make requests for a quotation for our services (under the Thumeza Applications), to apply for a refund, or to communicate with customer services regarding a refund to the credit card/payment instrument, (c) name and contact information for the sender (loading site) addressee and name and contact information of the responsible person at the delivery location. (d) Demographical data such as your age, gender, country, preferred language, passport number and citizenship, date of birth and country of residence are also collected. Such information is collected to improve on client-interface (platform) experience so we can improve on our services and legal obligations towards customs and other regulatory authorities. When you register for membership, you can subscribe to services like the mailing list or newsletter or other marketing communications.

The collected information includes Transporters (enterprises or individual drivers that move loads that are specified by clients).  a); name, phone numbers, national Identity document, driver licenses, driver age, driver gender, (b) vehicle registration, vehicle description (load capacity), trailer description, number of vehicles available. (b) data necessary to process your payment (including the credit card/payment instrument information). 

  1. ii) Information collected automatically through interacting with Thumeza. 

We receive and store information where you interact with us through our services, including online technologies (Cookies) and receiving error reports or usage data from software applications on your devices online. We collect and analyze device, connectivity and configuration data including the Internet protocol (IP) address used to connect your computer or device to the internet, computer and connection information such as browser type, version, time zone and other computer software installed on the device, browser plug-in types and versions, operating system, catalog preferences, wish list, browser history, the features you use and pages accessed and web sites visited. We use Google Analytics to assist with software tools to measure and collect the performance data on Thumeza Websites and Applications including download error or performance issues caused.

1.2 PURPOSE OF INFORMATION COLLECTED BY THUMEZA

(i) Lawful purposes

Your personal data is processed by Thumeza Enterprises on the basis of a lawful “justification” for such processing, to the extent required by or permissible under applicable law in Zimbabwe including the GDPR (EU). 

Thumeza Enterprises keeps records of all activities for accountability purposes with partner drivers. Records of client enterprises are kept to keep a referral record of transported goods and their responsible persons.

NOTE: The right to privacy is only limited. If the privacy threatens the active law or the peace of other citizens, the right is overwritten. 

(ii) Data Analysis

Collected data is processed  of applying statistical practices to organize, represent, describe, evaluate, and interpret data. Following Thumeza’s vision 

“To provide the underlying data that powers every logistical decision made by stakeholders throughout the logistical ecosystem”

Data handling and management is part of Thumeza’s everyday duty to provide logistics giants nation-wide with up to date insight. With the powerful tools of data science, Thumeza platforms collect data to provide an index to its users. 

2. LICENSE

Subject to your compliance with these Terms, Thumeza grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to: (i) access and use of the Applications on your personal devices solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Thumeza Enterprises and Thumeza Enterprises ’s licensors.

3 USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”), either as a Logistics Operator  or a Client. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Thumeza  Enterprises certain personal information. You agree to maintain accurate, complete, and up-to-date information on your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having invalid or expired contact information, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Thumeza Enterprises in writing, you may only possess one Account. 

 

 

Thumeza