Terms of use

Last Modified : 02 January 2025

This Terms and Conditions (“Terms”) governs the access or use by you of the information service platform i.e., our mobile applications, website, applications (together “Applications”) made available by Moless eccommerce and transportation Ltd., a company incorporated in Tanzania. These Terms include the service that is currently under development. Such terms and conditions pertaining to our upcoming service will become effective upon the official launch of Moless express transportation platform service, which will be communicated through our official channels. Please make sure to carefully read through these Terms before accessing or using the Platform. These Terms whether stated or otherwise referenced herein set forth rights and obligations and constitute a legal agreement between Moless and you. By using or accessing the Platform, you hereby expressly affirm that:

you have read and understand, as well as will comply with these Terms; you have read and understand, as well as you will comply with Community Guidelines; you are at least the age of legal majority in your place of residence or otherwise legally competent to enter into contracts; you also acknowledge and agree that you have the authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms; you agree and understand that moless is a technology service company that has the sole purpose of providing a space via our Platform to connect the users of the Platforms together and facilitate the users of the Platform only; Moless is not and not provide transportation services, nor employer/principle/deemed principle of the Freelance Driver; and you will not use Moless’s services for illegal, fraudulent, criminal, dishonest activities, or any other purposes other than the purpose of rightfully receiving Services as specified herein.

You also acknowledge and agree that you have the authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM. PLEASE READ CAREFULLY “DISCLAIMER”, “LIMITATIONS OF LIABILITY” AND “INDEMNITY”THESE PROVISIONS LIMIT OUR LIABILITY TO YOU. In these Terms, the words “you” or “your” refer to all individuals and other persons who access or use the Platform, including, without limitation, any organizations that enroll or otherwise access or use the Platform through their respective representatives or employees (“User(s)”). In these Terms, “Applicable Law” means applicable Tanzanian laws, rules, and regulations governing payments and all services provided hereunder, including: any and all foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders or determinations of (or agreements with), and mandatory written direction from (or agreements with) any regulatory authority, as each of the foregoing may be amended and in effect from time to time. We reserve the right to change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

1. Our Platform

• 1.1 Moless cargo acts as a platform to connect Users and independent third-party Freelance Driver and personal (agents).
• 1.2 Once the Users successfully registered the Account with moless, the Users can place a request for the Solution (as defined below) in accordance with the Terms through the Platform ("Request") to request for any of the following services of (i) transportation; and/or (ii) delivery or logistic activities provided by the Freelance Driver or agent to you through the Platforms in accordance with the terms and conditions provided herein ("Solution"). In providing the Solution, once the Platform automatically processes the Request by matching the Freelance Driver with your Request and creates a Solution that automatically considers distance; types of vehicle; additional services; and other relevant criteria, you and the Freelance Driver shall be regarded as having direct relationships with regards to the Solution. For the avoidance of doubts, one Solution shall be regarded as one transaction.
• 1.3 You acknowledge that Moless by itself or any of its affiliates employs agents available for MIKOANI and NDANI YA DAR categories but it does not own, employ, hire or perform transportation and/or logistics activities or function as a transportation carrier in EXPRESS category in any respects either directly or indirectly and that all Solutions are provided to you and to be directly responsible by the Freelance Driver.
• 1.4 Moless is not liable or jointly liable with the Freelance Driver for the Freelance Driver 's actions, omissions or negligence. In any case, the Freelance Driver is not an employee, agent, representative, or personnel of moless.

2. Use of the Software

While using the software provided by moless (“Software”) you agree that: you are permitted to install a copy of the Software on your mobile device for your use; you are not permitted to rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties; you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform; you shall not modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software; you shall not interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software; you shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes; you shall not install and/or execute the Software on any device other than the mobile device and web running the operating systems approved by Moless; and other than the access to the Applications, no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Moless and its suppliers. Moless also reserves the rights to disallow the access for the reasons Moless deems appropriate, including but not limited to, system maintenance, system enhancement and bug fixes.

3. Use of the Platform

• 3.1 User Account In order for you to use the Platform, you are required to register for an account (“Account”) with Moless cargo . During the Account registration and the process of Solution, you are obligated to provide your personal information, such as your name, contact information, Location/GPS information, as well as other relevant information directly or indirectly in accordance with Moless’s Privacy Policy. Once the Account registration is successfully completed with Moless, you will be provided with an Account, accessible with a password of your choice. The Platform may be restricted/limited based on your resident jurisdiction because of age (in such cases you must abide by the age limits and not use the Platform), or due to a non-compliance or this Terms, our policy, guidelines, code of conduct, or any breach of any law, rules, regulations . You agree that the details entered and maintained by you are accurate, complete, up-to-date, ready-to-use and valid. Moless is not liable for false, incomplete, old or incorrect registration information provided by you. Your failure to enter or maintain accurate, complete, up-to-date, ready-to-use, and valid information may result in your inability to access and use the Platform. You are responsible for all activity that occurs under your Account. Moless is entitled to, but not obligated to,verify the information that you have provided at all times and refuse the use of the Platform without providing reasons and prior notice. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and the Applications, as well as your information provided to us in such regard. Moless does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. Moless reserves the right to terminate the use of the Platform should you be using the Platform in an incompatible or unauthorized device or that the security of your account has been compromised in any way or for any reason we may find just.
• 3.2 While using the Platform you agree that: you shall only access the Platform using means explicitly authorized by Moless; the Platform will solely be used by you, for your personal use and will not be resold to any third party; you will not authorize others to use your Account; you are only allowed to open a single Account; transferring of your Account to any other person or legal entity is not permitted; you cannot use an account that is subject to any rights of a person other than you without appropriate authorization; Moless holds the right to include/exclude the Users from promotional offers; the Platform cannot be used for unlawful purposes, including but not limited to
  • (i) violation of Applicable Law;
  • (ii) storing or sending any unlawful material;
  • (iii) sharing of sensitive personal information of others, without their consent
  • (iv) causing intentional harm, nuisance, inconvenience or annoyance;
  • (v) impairing or harming the proper operation of the Platform;
  • (vi) exhibiting the tenor of impersonating another person; or
  • (vii) copying or distributing the Platform without the permission of Moless;
  your password or any identification credentials that Moless provides to you should be secure and confidential; proof of identity or other documentations needs to be submitted immediately if requested by Moless; compliance with all the Applicable Law is a must while using the Platform; you will not engage with the Freelance Driver outside of the Platform directly or indirectly; you shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Moless reserves the right to bar any such activity; you shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform; you shall not unlawfully collect or harvest, use, process, or disclose any personally identifiable information or personal data of others, including but not limited to account names, from the Platform ; you shall abide by our Community Guideline, and shall not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification) or any other behavior that Moless deems inappropriate when using the Platform; and you agree to grant Moless the rights to share your information and/or permitted information which includes your location/GPS, contact details, destination, pick-up location, request order ID, Solution ID, or relevant and necessary information with us, Freelance Driver, and/or any third parties pertaining the Solution and Request in accordance with moless’s Privacy Policy. You understand and agree that, during the time of using our Platforms as well as during the time of the Freelance Driver providing Solutions to you through our Platform, you understand and agrees that Moless is entitled to monitor, review, evaluate, attend, suspend, terminate and/or proceed as it deems necessary. Moless shall also have the right to proceed according to the official or regulatory orders or request; court order; subpoena; laws; rules; regulations; policies; or otherwise, as it deems appropriate. Moless may notify you in writing in advance or during such process through the communication channel specif ied in Clause 3 herein for your reference or further actions (if any). In case or non-compliance or breach of this Terms or Applicable Laws, Moless reserves the right to terminate the Account, Solutions, and your ability to access of the Applications or Platform in the event of non-compliance with Terms herein, any Applicable Law, or due to any changes in our internal policy, or for any necessary reason at Moless’s sole discretion and deems appropriate. In this regard, Moless may choose to notify you in advance or during the process through the communication channel specified in Clause 3 herein for your reference or further actions (if any), Moless may grant you an opportunity to appeal or explain in some cases.
• 3.3 Rules of Use: Users warrant that they are either the owners or the authorized agents of the owners of the goods and materials, or the passengers under the User's Request for Solution through the Platform, and that the Users are authorized to provide instructions in relation to the Request. Users warrant that they have accepted these Terms not only for such Users but (if applicable) also as agents for and on behalf of the owner of the goods and materials, under the Request. Users understand that the Freelance Driver will be directed by and proceed strictly according to the User’s Request=under the Solution. Users agree that neither the Freelance Driver nor Moless holds title to or acquires any ownership interest in any goods and materials under the Request (if any). Users shall verify the information of the Freelance Driver and vehicle, and use the User’s own discretion to decide whether or not to engage the Freelance Driver before the dispatch or transportation. Users shall be deemed to have accepted all information (including but not limited to the information of the Freelance Driver and vehicle) relating to the Solution provided by the Freelance Driver whether or not such information is identical with the User’s Request information. User shall not hold Moless liable for any inconsistency between any information in the Solution provided by the Freelance Driver and the Request information. Users shall give the Freelance Driver sufficient, accurate and executable instructions. Any extra costs arising from the difference between the User’s provided information and the actual situation or facts involved shall be borne by the User. Any amendment or change to User’s instructions (and any pricing or cost changes triggered by such amendment or change) must be approved and updated in the Applications unless otherwise permitted by Moless. Users warrant that they have complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and materials under the Request and/or the Solution. Users shall not dispatch (and Freelance Drivers are entitled to refuse to provide Solution for) any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. Users are liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third party as a result of a User’s breach of these Terms. You may use the Platform or Services only for lawful purposes only. Once the Freelance Driver has completed the service for the Solution to you, you can evaluate the satisfaction of the Freelance Driver’s services by giving ratings and/or giving your opinions. Moless reserves the right to use, process, and disclose such information for the development and improvement of our platform and services, as well as to comply with the Applicable Laws and competent agencies.
• 3.4 For delivery or shipment Request, Users further agrees that: the Users will not dispatch prohibited items under the Applicable LawThe following goods and items are prohibited to be dispatched: Alcohol or tobacco (unless permissible by Applicable Law) Alive animals; Hunted animals; part of animals such as ivory, shark fin or other items which are made or processed from animal parts, including other items which are not for human consumption and prohibit items according to treaty and/or applicable laws and/or custom of every country; Human organs, ashes, bones; Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.; Illegal items such as counterfeit or pirated products, illegal drugs or addictive substances, illegal property or any materials which are against the laws, regulations or rules stipulated by federal, state or local government of every country, including the materials which the Users have legal right of possession but are not allowed to partially or entirely move or send to other places; Sharp or hazardous objects such as knives, swords, spears, daggers, etc. Materials which are generally recognized that they are easily depreciated or perishable; Flammable materials of all kinds such as LPG, NGV, etc Valuable items such as Cash, Jewelry, Gold, Diamond, etc . Freelance Driver will not open and inspect the goods and materials nor be responsible for the Solution of special goods without prior agreement from the User. Except in relation to Corporate Account User, Moless and Freelance Driver s shall bear no responsibility or any legal liability resulting from the Solution. Users shall ensure that the goods and materials under the Solution are adequately packed to protect against damage in the course of transmission, and also that no part of the goods and materials can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced apart. Users shall ensure that the goods and materials under the Solution are properly packaged so as to protect against damage, and in particular, in the case of the goods and materials of a fragile nature or is susceptible to damage by bending, that goods and materials shall be packed in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container to prevent the goods and materials from being damaged or bent, such that the goods and materials is guarded against all damages that may result from any force, pressure or blows to which such items are ordinarily subject during the course of the Solution and that such fragile goods and materials shall bear specific words indicating that it contains fragile items displayed on the face of the case or container and above the address of the named addressee. Moless shall not be responsible for providing protective measures or materials for the goods and materials under the Request and/or the Solution. Any additional protective measures or materials (if available) is provided solely and directly by the Freelance Driver. All goods and materials under the Solution are solely at the User’s risk and responsibility for any damages. Users shall provide all necessary information in respect of each Request and/or Solution. In the event that the recipient is found to be absent from the address specified by the User, no other person is present there, and no other instructions have been provided by the User, the Freelance Driver will contact the User (at the number provided by User) and attempt to return the goods and materials back to the User. In the event the Freelance Driver cannot reach the User at the number provided by User, the Freelance Driver may attempt to redeliver the goods and materials to the recipient. You agree that the unclaimed items which the recipient or User cannot be contacted will be delivered to Moless’s local office. If the items have remained unclaimed for 14 days after receipt of the items, Moless can proceed with the unclaimed items at its discretion. Any fees for additional handling and attempts will be borne by the User. In case a redelivery is needed, a new Request will need to be placed and charged as if it is a new Request. Thank In any case, Moless shall not be liable for the damages of the goods and materials under the Request and/or the Solution. It shall be deemed that the Users acknowledge and agree to assume the risks of all damages to the goods and materials under the Request and/or the Solution. The Freelance Driver will not help for loading, unloading, moving, hauling or lifting the goods and materials under the Solution unless the assistance requirement ("Assistance Requirement") is requested by the User as supplement to the Solution by placing a Request through the Platform. User and the Freelance Driver shall be regarded as having direct relationships with regards to the Assistance Requirement. The Assistance Requirement shall form part of the relevant Solution. Users must read and understand the relevant policies published by Moless. By requesting Assistance Requirement, Users warrant that they have accepted and shall comply with all the policies published by Moless and Applicable Law and regulations with respect to such Assistance Requirement. Additional fee will be applied for Assistance Requirement, and related cost will be based on the Freelance Driver’s sole discretion. To ensure safety which Moless prioritizes, you agree to send the goods of the items whose size and weight are within the limits in accordance with the details provided.
• 3.5 For transportation service, the User further agrees that Users must not carry weapons, explosives, objects or dangerous objects, or any object that is of risk of danger entering the vehicle Users will not bring animals of any kind into the vehicle. Users must not behave in a threatening, intimidating, harassing, harassing, or inappropriate manner, or causing nuisance to independent drivers while using the service The capacity of the vehicle and luggage is in accordance with the regulations.
• 3.6 you understand and agree that, during the time of using our Platforms as well as during the time of the Freelance Driver providing Service to you through our Platform, you understand and agrees that Moless is entitled to monitor, review, evaluate, attend, suspend, terminate and/or proceed as it deems necessary. Moless shall also have the right to proceed according to official or regulatory orders or Request; court order; subpoena; laws; rules; regulations; policies; or otherwise, as it deems appropriate.
• 3.7 In case or non-compliance or breach of this Terms or Applicable Laws, MolessCargo reserves the right to terminate the Account, Services, and your ability to access of the Applications or Platform in the event of non-compliance with Terms herein, any Applicable Law, or due to any changes in our internal policy, or for any necessary reason at moless’s sole discretion and deems appropriate.
• 3.8 You will not conduct any violent behaviour and/or sexual harassment act (“Violence”) while performing the Services: you hereby acknowledge and understand that moless is a fully committed entity for respecting the enforcement of human rights, justice and gender equality, and is against ANY KIND AND FORM OF VIOLENCE and/or SEXUAL VIOLENCE, and to support law enforcement efforts against perpetrators and the recovery of the sexual violence victims. Such commitment includes the prevention and handling of any violence case (including sexual violence) in the use of Services; you hereby understand that the definition of violence herein is any act of degrading, insulting, attacking and/or other actions against the body including sexual harassment by force, which is in contrary to the victim’s will, which causes the victim to be unable to give consent, due of the inequality of power relations and/or gender relations and/or other causes, which results in or can result in physical, psychological, sexual suffering or misery, loss economically, socially, culturally; you acknowledge that moless gave high attention to sexual violence affecting vulnerable groups, including unaccompanied minors, persons with disabilities, pregnant women, the elderly, indigenous peoples and victims of violence; All violations related to Violence as described above, will be firmly dealt by moless in its sole and reasonable discretion, and in accordance with your representations and warranties herein.
• 3.9 Communication By creating an Account, you electronically agree to accept and receive communications from moless including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to moless. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of moless, its affiliated companies and/or third party contractors, including but not limited to communications concerning the ongoing Solution. You may opt-out by changing your notification preferences. Please note that opting out may impact your use of the Platform. Please visit our Privacy Policy for more details on how we process your personal information. Promotional Offers and Credits Moless, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to these Terms and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: may only be used by the intended audience, for the intended purpose, and in a lawful manner; may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Moless; are subject to the specific terms that Moless establishes for such promotional offer; cannot be redeemed for cash or cash equivalent; and are not valid for use after the date indicated in the promotional offer.
• 3.10 You hereby authorize Moless to withhold or deduct credits or benefits obtained through a promotional offer in the event that Moless determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. Moless reserves the right to modify or cancel an offer at any time for any reason without liability to moless. Moless may also offer gratuitous credits to Users, which can be used for the Solutions. Any credit issued by moless is subject to the specific terms that moless establishes and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your Account. Expired credits are no longer redeemable.
• 3.11 Other Third Party Interactions While using or accessing the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. Moless and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Moless has no responsibility or liability arising from any agreements between you and such third party providers.

4. Payments for the Solutions and Requirements

• 4.1 Except in relation to Corporate Account User and the delivery fee in regard to the Solution as well as other service fee borne by the Solution requested by the Users, use of the Platform is free of cost, but moless reserves the right to introduce a fee for the use of the Platform. (If we introduce this fee, you will be notified and accordingly you can decide to continue or terminate your Account).
• 4.2 You understand and agree that: you shall make the payment for the Solution as well as other additional requirements (e.g. Assistance Requirement(together "Supplemental Requirement")) (if any), applicable taxes, fees, tolls and/or other surcharges due to the provision of the Solution by the Freelance Driver through Platform.. The payment shall be considered to be made directly by you to the Freelance Driver through the method mentioned below ; the payment is in no way regarded as payment made by you to Moless for the use if the Platform under these Terms; the Solution price and/or the Supplemental Requirement fee may fluctuate from time to time subject to supply and demand and any other factors; the payment is due upon the submission of the Request and will be deducted from your preferred payment method designated in your Account; all payments made are non-refundable, unless otherwise determined by Molesa on a case-by-case basis; all payment amounts are in Tanzanian shilling and inclusive of applicable taxes (e.g. value added tax) where required by law; any priority fee or any Supplemental Requirement fee is optional; however, once you select to pay those fees, they will be added into the Solution price that you are obliged to pay; Moless reserves all right to adjust the Solution price and the Supplemental Requirement fee based on actual circumstances without giving prior notice; any Request for the Solution is subjected to availability of resources. In the event any Request is not processed, Moless shall inform the User by email, text message, calls, or push notifications to the mobile device or cellphone number you provide to molesa; Moless reserves its full discretion to determine whether to refund to the User the equivalent sum of amount paid in the event moless for any reason is unable to process the Request; You may elect to cancel, or adjust your Request for the Solution at any time, in which case you may be charged a cancellation fee without prior notice; receipt is issued to the User when the payment is successful. Negative balance in Lalamove Wallet may lead to the unavailability of the Solution. It should be noted that the receipt is not a tax invoice; and it is the sole responsibility of the User to comply with all tax obligations in relation to the Solution and the Supplemental Requirements (if any) provided to User by the Freelance Driver, including but not limited to, withholding tax obligations on the payments made by User to the Freelance Driver.
• 4.3 You can choose to make payment by the following methods: Cash payment. Electronic payment by using mobile payment wallets or banks as instructed during booking. All credits are pre-paid and are not exchangeable, returnable nor refundable once sold unless required by the Applicable Law or otherwise determined by moless at its own discretion.
• 4.4 moless retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the sender/recipient have breached any of the Terms in this Agreement. In such an event, you shall not hold Lalamove liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
• 4.5 You may cancel your request for transportation services at any time before you commence your Service with the Freelance Driver that has been matched with you through the Platform.
• 4.6 If you decide to cancel or do not show up at the designated pick-up location in accordance with our conditions which may be announced to you from time to time, you may be charged a cancellation fee or such other related fee as moless may notify from time to time.

5. Intellectual Property Ownership

• Moless alone (and its licensors, where applicable) shall own all rights, title and interests, including all related intellectual property rights, in and to the Platform. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform, or any intellectual property rights owned by Moless. Company names, logos, and the product names associated with the Platform and the Solutions are trademarks and/or intellectual property of Moless or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyrights, trademarks, service marks or other proprietary rights notices incorporated in or accompanying the Platform and the Solutions. By providing content, information or materials (“User Content”) to moless, you grant moless a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You acknowledge that moless only acts as a passive channel for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Moless shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Moless be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Moless. Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep moless, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by moless or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Applications or the Platform. Moless reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which moless believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to us. Moless respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Lalamove or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Moless, without any compensation to you; (ii) Moless has no obligation to review your submissions; (iii) moless may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) moless has no obligation to keep your submissions confidential. You may use information on the Platform purposely made available by moless for downloading from the Platform, provided that you: do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and do not make any additional representations or warranties relating to such information. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Applications or the Platform, or any intellectual property rights owned by moless.

6. Disclaimers

• As the Solutions are provided to you directly by the Freelance Driver "as is" and "as available", Moless makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any Solutions or any Supplemental Requirements requested through the Platform, or that the Solutions or any Supplemental Requirements will be uninterrupted or error-free. Moless does not guarantee the quality, suitability, safety or ability of third parties. You agree that the entire risk arising out of your engagement of the Freelance Driver for the Solutions, and any Supplemental Requirements requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law. Moless does not control, endorse or take responsibility for any User Content or third party content available on or linked to by the Platform and the Solutions. Moless cannot and does not represent or warrant that the Platform or servers are free of viruses or other harmful components.

7. Limitation of Liability

• Moless is not responsible and shall not be held liable for: damage/defect/change of item/property from its original state due to substandard packaging; item/property already damaged/defected/changed before the dispatch; quality and delay of the Solutions as it is entirely dependent on the Freelance Driver, who is directly providing you the Solutions; damages caused by actions of the Freelance Driver or User; damages caused by any reasons beyond the scope of moless's Platform provision under these Terms; damages from the delay and failure to inform Users of external factors which are not caused by moless; any booking that is not accepted; any damages resulting from the use of or inability to use the Platform or the Solutions, including damages caused by wrong usage, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness; appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation; any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including profit and loss, whether based on contract, tort, negligence, strict liability or otherwise, even if moless has been advised of the possibility; and any lost items during the Solutions, moless will try to locate the items on a "best-effort" basis but is not responsible for any loss or damages of such items. Except in relation to Corporate Account User, without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will Moless aggregate liability arising out of or in connection with these Terms or relevant terms and policies, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of three times the payment of the Solutions or the maximum amount stipulated in clause 12. “Claims” below (whichever is less).

8. Indemnity

• By accepting these Terms and engaging the Freelance Driver for the Solution, you agree that you shall defend, indemnify and hold Moless, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: Tagline your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein; your violation of any rights of any third party, including the Freelance Driver arranged via the Platform; or your use or misuse of the Platform or the Solution.

9. Governing Law

• Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Tanzania. Moless reserves all rights and shall have full discretion to decide on the applicable terms and conditions on a case-to-case basis. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by mediation, arbitration or courts of Tanzania as Moless deems appropriate.

10. General

• These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by moless cargo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

11. Language Versions

• In case of any discrepancy between the English version and any regional language version, the English version prevails.

12. Claims

• For delivery or shipment Request, you can contact moless help desk through our Help Center by +255764414204 or molesstanzania@gmail.com orwebsite or on the application for any assistance or contact for any coordination. For moless delivery Request, in case of any damage for which the Freelance Driver is liable and the damage is not caused by the misconduct and/or negligence of the User and the User is not involved in such misconduct or negligence, the Users may be entitled to a compensation according to coverage amount as follows: For general service user group, the coverage amount shall be as follows: Motorcycle: Coverage amount: 300, 000 Tsh (Three Hundred Thousands Shilling only); The Users agree and accept that, if the value of goods or items is higher than the above coverage amount but the Users still wish to use the Solutions for such goods and items, the Users may purchase additional insurance from insurers offering “additional insurance”. Please contact moless cargo in order to facilitate coordination if the User wants to buy additional insurance.

Procedure for claiming the compensation for damage is as follows:

The User shall, within 24 hours after the completion of the Solution by the Freelance Driver, submit any claims. If the claim is made after the period above, the Freelance Driver or the office shall not be liable to such claim. Any claim must be made in writing and sent to molesstanzania@gmail.com. It must contain following information:

• 1. Solution number;
• 2. Contact details of User;
• 3. Proof of payment or receipt;
• 4. Photos of goods and materials under the claim; and
• 5. Copy of bank account to which the compensation will be transferred.

The Users shall have the right to claim only once per User per Solution, called as 1 claim or 1 case. The compensation will be made after the case consideration is finalized. The Freelance Driver shall be liable for only the responsibility under the scope of work. The compensation shall be based on actual expenses, but it is limited to the amount as stipulated in this clause. Consideration of each case shall be finalized within 14 working days from the date on which the claim is received. Moless reserves the right to reject the claim in case of delay and failure to inform the Users of external factors which are not caused by the Freelance Driver. Moless on behalf of the Freelance Driver shall make a compensation for Users via transfer to the bank account number given by the Users. Corporate Account User Specific Provisions for Delivery or Shipment Requested Solution.

©️ MOLESS 2024. ALL RIGHTS RESERVED

If you have any questions about this Privacy Policy, please contact us..

Moless
Kariakoo, aggrey & Sinza Kamanyora
Dar es Salaam
contact@moless.store
Phone: +255764414204