The following Terms and Conditions shall apply to all users in relation to Swyft provided services through our application/website, whether accessed or used by you as a Service provider, Vendor or as the receiving party “Customer”, and come into force once you accept an order or service through the Swyft platform or through any other form of communications with Swyft.
The “Customer” agrees and accepts that the use of the services provided by Swyft is at the sole liability of himself, and further acknowledges that Swyft disclaims all representations and warranties of any kind, whether expressed or implied.
Whereas Swyft’s “Service” is providing a technology platform in order to arrange and schedule commercial transportation services within the Arab Republic of Egypt through independent service providers, and whereas customers periodically require transportation services for goods and commodities. Hence, Swyft is willing to arrange and provide such services through its technological platforms.
“We”, “Us”, “Our”, the “Company”, “Swyft” shall refer to Swyft, its employees, and authorised agents.
“The Customer”, “Client”, “Users”, “You”, “Your”, shall refer to the users of the Service, whether the consignor or consignee of the consignment, holder of this consignment, receiver and owner of the contents of the consignment.
“Third-Party Provider” OR “Delivery Partner” the independent contractors and the entities that carry out or undertake to carry the consignment hereunder or perform any other services within the scope of the provided Services.
“Request”, “Order”, “Trip” shall refer to the arrangement of the transportation of the consignment as submitted by the Customer on Swyft’s platforms.
Consignment means any package, parcel, satchel, or freight which is or are given to and accepted by Third Part Provider or carriage under our Service.
Carriage means and includes all aspects of the operations and Services undertaken by us in connection with Third-Party Providers.
Delivery means the arrival of the consignment to the consignee.
Prohibited Items means the carriage of any goods or materials that are prohibited by any law, rules, and regulations in the Arab Republic of Egypt.
Force Majeure mean an act of God, including but not limited to fire, floods, storms, hurricanes, typhoons, volcanic activities, or earthquakes, as well as acts, orders or requests of a sovereign or a government and /or of anybody purporting to be or to act for such authority, wars, whether declared or not, war-like actions, revolutions, riots , civil insurrections, or civil commotions , as well as strikes, lock outs, and/or similar actions in labour disputes, and any other comparable cause beyond the control of a party unless its performance has been expressly guaranteed by expressly waving the exemption of a Force Majeure event.
Receiver or Consignee shall refer to the recipient or addressee of the Consignment.
As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes but not limited to the following:
your full name;
your postal address/code;
your full address;
your e-mail address;
your telephone/mobile number.
In the event you are a Consignor, please note that you need to provide the following details accurately and precisely, in addition to yours:
Consignee’s full name;
Consignee’s full address;
Consignee’s telephone/mobile number.
The Services constitute “The Swyft Platform” a technology platform that enables users of Swyft’s mobile application or website, to arrange and schedule the transportation of goods or movables with Third-Party Providers of such services, subject to an agreement with Swyft.
Swyft offers Delivery and Fleet Management Services by governing and managing the operation between Client and Delivery Partner in order to guarantee a smooth, trouble-free transaction between both parties.
Unless otherwise agreed by Swyft in a separate written agreement with you, the provided Services shall be made available solely for your personal, non-commercial use.
Swyft shall provide its Services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Service Provider's community and region, and will provide a standard of care equal to, or superior to care used by service providers similar to Swyft on similar projects.
THIRD-PARTY SERVICES AND CONTENT
YOUR USE OF THE SERVICES
Subject to the Customer`s compliance with these Terms and Conditions, Swyft grants the Customer a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
access and use the Applications solely in connection with the provision of the Services;
access and use any content, information and related materials that may be made available through the Services; and
access and use the website interface and Applications solely in connection with the provision of the Services. Any rights not expressly granted herein are reserved by Swyft and may be revoked at any time.
The Customer shall not use any copyright, trademark or other proprietary notices or any intellectual property rights belonging to Swyft from any portion of the Services , reproduce, modify, prepare, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Swyft in writing, decompile, reverse engineer or disassemble the Services except as may permitted by applicable law lint to mirror or frame any portion of the Services cause or launch any programs or scripts for the purpose of scraping, indexing surveying or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Client shall not, under any circumstance, solicit or offer employment to Swyft’s contracted Third-Party Providers while performing Services under this Agreement or for as long as an agreement between the Third-Party Provider and Swyft is valid.
The Customer shall not use the Swyft Platform for the carriage of any prohibited items which include but not limited to:
People or animals of any size;
Guns, weapons, or ammunition of any kind;
Alcohol (or any other goods that require identification);
Drugs and illegal substances;
Dangerous / hazardous items (explosives, flammables, medical waste, etc.);
In order to use most aspects of the Services, you must register and maintain an active personal user Services account (“Accounts”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to obtain an Account.
Account registration requires you to submit to Swyft certain personal information, such as your name, address, mobile phone number and age, etc., as well as at least one valid credit card. You agree to maintain accurate, complete, and up to date information in your account. Your failure to maintain accurate, complete, and up to date account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or result in Swyft’s termination of this Agreement with you. You are responsible for all activity that occurs under your account, and as such, you agree to maintain the security of your account username and password at all times, unless otherwise permitted by Swyft in writing.
By creating an account, you agree that you are communicating with us electronically. Therefore, you consentSwyft’s Platform will communicate with you via e-mail or may send you information via text messages (SMS), as well as by posting notices on the application/website as part of the normal business operation of your use of the Services. You acknowledge that opting out of any of the said means of communication may impact your use of the Services.
Swyft does not function as a carrier, Swyft is only a technology platform and shall not be held liable for any defective goods or failure of delivery service. Swyft is a mediator that connects the “Consignor” with the Third-Party Provider in order to undertake delivering the agreed upon Consignment to the concerned Consignee.
Third-Party Providers are independent services providers under contract with Swyft and are not employees, representative, and/or agents of Swyft. Swyft does not perform the task itself, but rather manages the execution of said task through its platform by providing a connection for the Customer with the highest rated Third-Party Providers available. It is the Third-Party Provider’s responsibility to complete the request as expressed in his/her agreement with Swyft such as, but not limited to quality, timing, and legality. Any breach of said agreement shall result in the termination of the Third-Party Provider from the Swyft platform and shall be automatically replaced to fulfill any open requests.
Swyft services shall be used upon the Customer’s request in order to schedule the transportation services with a Third-Party Provider. On the other hand, the Customer acknowledges that Swyft has no responsibility or liability to any transportation services provided to the Customer by the Third-Party Provider other than as expressly set forth in these terms.
Swyft does not guarantee the suitability, safety or ability of Third-Party Providers, it is solely the Customer’s responsibility to determine if a Third-Party Provider will meet the Customer`s needs and expectations.
Customers and Third-Party Providers agree that Swyft shall not participate in disputes between both parties in any case. Whereas, by using the said Services the Customer acknowledge the potential risks of the Third-Party Providers. Accordingly, the use of the Services is at the Customer’s risk and judgment, and Swyft shall not have any liability arising from or in any way related to the Customer’s transactions or relationship with Third-Party Providers.
The Client agrees that the Service should not be used to transport any fragile items, unless at their own risk. Swyft shall not be liable for any damages inflected to fragile items, and the Client shall ensure the proper packaging and protection for such fragile items.
The Third-Party Provider has the right to accept or reject the request to transfer depending on the physical status of the items to be transported or on suspicion the items you have requested to be transported do not comply with the terms of this Contract.
Swyft shall be entitled to disclose to all companies within its group, or as so required by the law or by directive or requested from any governmental body, the particulars of the customer in the possession of Swyft in any way as Swyft in its absolute discretion, deems suitable, or if it considers it in its interests to do so.
Swyft shall be entitled at any time without giving any reason to terminate the booking of the transportation services requested by the Customer, the Customer shall indemnify Swyft with respect to any expenses incurred with respect to such booking. Any complaint by the Customer with respect to the Services must be submitted in writing within 48 hours of using our mobile application or website.
Swyft shall be entitled to add to, vary or amend any or all of these terms and conditions at any time. The Customer shall be bound by any additions, variations, or amendments once incorporated into these terms and conditions on Swyft`s application and website [www.swyft-me.com] on the date that Swyft may indicate that such additions, variations or amendments have come into effect.
All vehicles registered with Swyft are continuously tracked using mobile technology for security and performance reasons. It is expressly made clear to you hereby that Swyft does not own any vehicles of any kind nor does it directly or indirectly employ any drivers for the vehicle. Scooters, vans, cargo vans, minitrucks, truck, and transportation vehicles of any kind, as well as drivers are all supplied by Third-Party Providers. Swyft disclaims any and all liability in respect to the drivers and their vehicles, or transportation services alike.
The information contained in this application/website is for general information purposes only. The information provided by Swyft while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the application/website or the information, products, services, or related graphics contained on the application/website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Swyft is hereby authorized to use the location-based information provided by any of the telecommunication companies when the Customer uses the platform to make a request. The location-based information will be used only to facilitate and improve the probability of locating the Customer`s location so that the “Third-Party Provider “can reach the Customer and perform the desired Service.
The Services are provided “as is” and “as available.” Swyft disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in addition, Swyft makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the services will be uninterrupted or error-free. Swyft does not guarantee the quality, suitability or ability of Third-Party Providers. You agree that the entire risk arising from the use of services, remains solely with you, to the maximum extent permitted under applicable law.
LIMITAION OF LIABILITY
Swyft shall not be liable to you for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage, even if Swyft has been advised of the possibility of such damages. Swyft shall not be liable for any damages, liability or losses incurred by you arising out of your use of or reliance on the services or your inability to access or use the services or any transaction or relationship between you and any Third-Party Provider, even if Swyft has been advised of the possibility of such damages. Swyft shall not be liable for delay or failure in performance resulting from causes beyond Swyft`s reasonable control, you acknowledge that Third-Party Providers which provide transportation services requested through Swyft may offer peer-to-peer transportation services and may not be professionally licensed or permitted.
These limitations do not purport to limit liability that cannot be excluded under the applicable laws.
Swyft’s application allows the Customer to cancel their request for the service at any time. While the application allows you to cancel your request, a cancellation fee may be charged in order to guarantee an efficient platform for both Customer and Third-Party Provider. For same day pick-ups, a cancellation fee will be charged if a request is cancelled 15 minutes after it was placed and confirmed. For scheduled requests, a cancellation fee will be charged if the request is cancelled within 12 hours of the scheduled pick-up time. In case a Third-Party Provider does not arrive within 30 minutes after the timeslot that has been scheduled, the cancellation will be free of charge. If no one is present at the pick-up location, you will be charged a cancellation fee equal to the base fee of the car type you have selected. If no one is present at the drop-off location, the Third-Party Provider will wait for 15 minutes before returning the item(s) to the Customer, the Customer will be charged for the return fare. If the Customer feels they have been wrongfully charged, the Customer can submit a request in the settings of the Swyft mobile application.
INVOICING AND PAYMENT TERMS
Swyft provides a bill/receipt which shows the full details of all charges. The Customer will be charged according to Swyft’s pricing model which governs the use of the Swyft Platform and its services between Users and Third-Party Providers. Swyft acts only as a money collection agent for the Third-Party Provider for tasks performed for the Customer through the Swyft Platform.
Payment must be made to the Third-Party Provider on completion of the requested task in a form acceptable to Swyft.
Cash is an acceptable form of payment.
The rates and surcharges and other conditions used for the purpose of invoicing are those that are in effect at the time the request was made.
Swyft’s Liability in relation to loss, destruction, or damage of item(s) in the task being performed caused by any reason including any misuse, wrongdoing, or negligence by a Third-Party Provider or our breach of contract is limited to the cash value of the items being delivered but shall in no event exceed EGP 1000. If you consider that the loss, destruction, or damage to the items being delivered exceeds this value, then you must arrange separate insurance to cover any potential loss.
User(s) shall not disclose any information received under the contract of service with Swyft to any third party. Access to any information which pertains to business of Swyft shall be kept confidential to the extent it might adversely impact Swyft`s business. User(s) shall be liable to indemnify Swyft against any loss of business or reputation due to the act of the user(s).
Swyft shall not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, including but not limited to declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of the Terms and Conditions in any way.
The rights and obligations of the parties pursuant to these Terms and Conditions are governed by, and shall be construed in accordance with the laws of the Arab Republic of Egypt.
You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Arab Republic of Egypt for any dispute arising under or relating to these Terms and Conditions and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under these Terms and Conditions in any jurisdiction where you reside, do business, or have assets.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.