1. Acceptance of Terms.

1.1. Fastvan ltd. (“Fastvan”, “we” or “us”) provides its Service (as defined below) to you, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Services or our website located at http://www.fastvan.com , you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.

1.2. We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than twelve (12) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new TOS.

1.3. You may be required to register with Fastvan in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. You acknowledge and agree that your use of certain features of the Services requires current and accurate information about you, including your address and mobile phone number. Fastvan is not responsible for any delays or inabilities to use the Services that result from your providing false, inaccurate, incomplete or out-of-date information. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service, with registering, only with the approval of your parent or guardian.

1.4. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Fastvan of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Fastvan will not be liable for any loss or damage arising from your failure to comply with this Section.

1.5. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://fastvan.com/privacy and the FAQ Guide, which describes in detail how you may use the Fastvan Services. All such terms are hereby incorporated by reference into this TOS.

2. Description of Service

2.1 Fastvan is a technology company that does not directly provide delivery and moving services and the Company is not a transportation and delivery provider. It is up to our courier partners and movers (the "Delivery Providers") to accept your delivery services and it is up to you (references to "You", "Your" or "User" shall mean references to each visitor to the Website (as defined below), as the context requires) to accept their request for your delivery (the "Delivery Request"). The service of the Company is to link you with the Delivery Providers (the "Service") through the use of an application supplied by Fastvan and downloaded and installed by you on your single mobile or tablet device (the "Application"), but does not nor is it intended to provide delivery services or any act that can be construed in any way as an act of a Delivery Provider. The Company is not responsible or liable for the acts and/or omissions of any Delivery Provider and/or any delivery or moving services provided to you.

3. Mobile Services.

3.1 The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Fastvan and other entities by SMS, Phone call or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You agree that as part of the registration process, Fastvan may request that you verify your mobile device via SMS. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Fastvan account information to ensure that your messages are not sent to the person that acquires your old number

4.General Conditions/Use of the Service.

4.1 Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Fastvan. You shall not (a) sub license, resell, rent, lease, transfer, assign, time share or otherwise make the Service available to any third party, except as set forth in Section 12; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components or otherwise violates our acceptable use of policy (as defined below), or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Fastvan provides you or publishes in connection with the Service, and you shall promptly notify Fastvan if you learn of a security breach related to the Service. Additionally, Fastvan partners with third party carriers to provide the Service. Accordingly, shipment of your items will also be governed by the terms and policies of our carrier partners, including, but not limited to DHL, BIXPRESS, A&BMOVERS, POSTEX, STUTTAFORD VAN LINES.

4.2(and any other terms and policies set forth on our carrier partners’ respective websites) and you agree to comply with such terms and policies . We shall not have any liability or responsibility for the actions of any third party carrier that may provide shipping services for us in connection with the Service.

4.3By voluntarily providing us with personal information, you hereby represent that you are the owner of such personal information or are otherwise authorized to provide it to Fastvan. You further agree that you are consenting to our collection, use, storage and/or disclosure of such personal information in accordance with this Policy. You acknowledge and agree that your communications with Fastvan will inevitably result in the transfer of information, including personal information, across international boundaries. If you provide personal information to Fastvan through our Service, you acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Fastvan and the authorized third parties referred to herein, located in United States of America, South Africa, and other countries (the “Other Countries”) for storage and processing in accordance with this Policy. You acknowledge and agree that the privacy and data security laws of such Other Countries may be different from the privacy and data security laws in force in the country in which you reside and agree that the privacy and security laws in effect in the applicable Other Countries may govern how your personal information may be collected, used, stored and/or disclosed.

4.4Any software that may be made available by Fastvan in connection with the Service, including without limitation the plug-ins, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Fastvan hereby grants you a non-transferable, non-sub licensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Fastvan for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Fastvan or any third party is granted to you in connection with the Service.

5.Prohibited Shipments.

5.1 You may not tender for shipment any of the following prohibited items:

  • Cash and currency.
  • Live animals.
  • Animal carcasses.
  • Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
  • Shipments that require us to obtain a local, state or federal license for their transportation. Some examples are Prescription Drugs and Rx.
  • Shipments that may cause damage or delay to equipment, personnel or other shipments.
  • Lottery tickets and gambling devices where prohibited by law
  • Hazardous waste
  • Packages that are wet, leaking or emit an odor of any kind.
  • Items or commodities that are prohibited to either be possessed or shipped by applicable local, state or federal law.
  • Firearms.
  • Alcohol or alcoholic beverages..
  • Any other items prohibited by law as detailed by our courier partners or any of our other carrier partners.

5.2 We reserve the right, but have no obligation, to open and inspect your shipment at any time and may permit and/or contact government authorities to carry out such inspections and seize shipments as they may consider appropriate. We may also photograph items in your shipment for our internal use in order to provide the Services. We reserve the right to reject or suspend the carriage of any prohibited items or any shipment that contains materials that may damage other shipments or that may constitute a risk to our equipment or employees or to those of our service providers. We may or may not notify you of any of the foregoing and we are not responsible for and hereby disclaim any liability relating to any non-delivery of any items that are prohibited by this TOS or by law and any such items may be turned over to authorities, discarded, or returned to the sender (in each case in Fastvans’ sole discretion). You may request that Fastvan and its agents or third party business partners not open, remove packaging, or otherwise inspect your Pre-Packaged Shipment (defined herein). By doing so, you waive any right to reimbursement for loss or damage to your shipment, as further specified in this TOS. However, you acknowledge and agree that Fastvan (and its agents or third party business partners) may take such actions with respect to your shipment, even if you request otherwise, if Fastvan determines in its sole discretion that such action is necessary to assess compliance with this TOS or is otherwise required by applicable law or regulation.

6. Payment and charges

6.1 The use of the App and the Service is free of charge; you will be required to provide Ship information regarding your debit/credit card or other payment instrument. You represent and warrant to Fastvan that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or debit/credit card expiration date) that may occur. When you arrange for shipment, all charges for the shipment and any additional fees payable to Fastvan (“Charges”) will be charged to the debit/credit card or other payment instrument associated with your account. You hereby authorize Fastvan to bill your payment instrument for Charges in accordance with these Terms. Except as otherwise agreed by the parties, all charges, fees, or surcharges shall be those in effect at the time of shipping, available either via email, on the Site or in-app. The applicable Charges will be based upon the characteristics of the shipment actually tendered to us. If you dispute any Charges you must let Fastvan know within thirty (30) days after the date that Fastvan bills your payment instrument. We reserve the right to change Fastvans’ rates. If Fastvan does change any of its rates, Fastvan will post the new rates to the Service, effective as of the posting date.

6.2. Shippers are responsible for providing accurate and complete shipment information to Fastvan, including service selected, number, weight, and dimensions of shipments. If any

6.3 Aspect of the shipment information is incomplete or incorrect as determined by Fastvan’s logistic partner’s in its sole discretion, Fastvan may adjust Charges at any time.

6.4 Once a delivery method and starting point/end point has been entered into the app / Website, it will provide Users with the quote from our courier partner’s one by one, thus giving the right to our users to accept and reject each quote. By accepting a quote, you accept to pay the Delivery Price quoted.

7.Third Party Services.

7.1 You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or third party online merchants with whom we partner. By logging in or directly integrating these Third Party Service(s) into the Service, we make your online experiences richer and more personalized.

7.2 Fastvan is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services, including user names or shipping addresses. As such, Fastvan is not liable for any damage, loss, or delay caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Services or information received from such Third Party Services.

8. INDEMNITY

8.1 By accepting the User Terms and using the Service and the Application, the User shall indemnify the Company and keep the Company indemnified against all demands, claims, action, proceedings, costs, charges or expenses including but not limited to penalties, storage charges, retrieval and administrative costs, duties and taxes incurred, suffered or sustained by us in connection with the Service we have provided.

9.Responsibility for Loss or Damage

9.1 If a shipment is lost or damaged while in Fastvan’s Possession, you may file a claim with Fastvan for reimbursement. You may only file one claim per shipment. A claim filed directly with the carrier nullifies any such claim with Fastvan for same shipment. For purposes hereof, an item shall be deemed to be in “Fastvan’s Possession” from the point Fastvan’s courier partner collects the item from you until the item reaches the end destination via one of our mailing partners. Any insurance must be purchased separately from an insurance provider or our courier partner’s.

9.2 For damaged shipments, all claims must be submitted within 15 days of the ship date for domestic shipments, and 30 days for international shipments

9.3 For all lost shipments which you report, Fastvan will conduct an initial investigation to locate lost packages, including by contacting any third party carrier, the sender, or the recipient as necessary. If Fastvan cannot locate the package within 7 business days, Fastvan will send or electronically provide a “Loss Claim Form” to the sender to officially open the claim. If Fastvan is able to recover a package, Fastvan will return the package to the sender and reimburse you for the actual cost of shipping billed to the sender. Supporting documents must be provided to Fastvan within 15 days of receipt of a Loss Claim Form. The original receipt of the shipping label and an image or photograph of the damaged or non-delivered item may be required when filing a claim. If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and original packing must be available to us for inspection and retained until the claim is resolved. Written documentation (such as a receipt, invoice or quote for repair services) showing the actual purchase cost of the items or the reasonable cost to repair or replace such a lost or damaged item supporting the amount of a claim will also be required. All supporting documentation must be submitted within 15 days of claim initiation and maintained by the sender until the claim is resolved. If a lost item which is the subject of a claim is recovered during the claim process, the current claim shall expire, and within 15 days of such expiration, you may submit a subsequent claim for damage, if applicable, as set forth above

9.4 Most claims are resolved within 7 to 14 business days; however, some claims have longer resolutions times due to the time required to investigate the claim

10. LIMITATIONS AND EXCLUSIONS OF COMPANY’S LIABILITY

  • We shall not be liable for loss or damage arising from or in connection with:
  • the delivery of any of the Delivery Items set out in Clause 5.1 and 5.2;
  • the User’s failure to specify any special precautions to be taken in respect of a Delivery Item, as required, on the address label, consignment note, waybill and/or invoice;
  • the misalignment, wear and tear, derangement, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item;
  • Delay or confiscation by any government authority due to the discovery of prohibited contents of the Delivery Item;
  • our failure to perform any of our obligations hereunder as a consequence of circumstances outside our control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, epidemics or other events of force majeure; or
  • any acts or omissions of any party other than us, including and without limitation the User, the named addressee, any government official or any sub- contractor engaged by us (whether or not the User had notice of any arrangement between Fastvan and such sub-contractor).
  • Although we will endeavour to deliver your Delivery Items within the indicated timeframe, any delivery times stated or agreed or represented are estimates only. Delivery times may be affected by a number of factors, including those outside of our control such failure of equipment, bad weather and/or traffic conditions. While timely delivery is an important commitment, we place equal importance in ensuring the safety of the drivers / riders, and the due observance of traffic regulations.
  • We shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to our attention before or after acceptance of the Delivery Item or from the use or the inability to use the Website, the Service or the Application.
  • We shall not be liable for delay or non-delivery of a Delivery Item arising from or in connection with the detention of the Delivery Item by any government authority.
  • For the avoidance of doubt, we shall not in any way be liable or responsible for a Delivery Item prior to the Delivery Item being accepted by us for delivery.

11. Referrals.

11.1 From time to time, Fastvan may offer a referral program which enables you to earn credits redeemable for Fastvan services by sharing a unique referral link provided to you by Fastvan (“Referral Link”) with your friends and family

11.2 You may not collect referrals by:

  • self-referring by using multiple or false names, identities, accounts or email addresses;
  • referring anyone who is an existing Fastvan customer, including an existing customer with an account under an alternate email address;

11.3 referring fake people to Fastvan, impersonating another person, or otherwise providing Fastvan with false or misleading information

  • posting on message boards, public forums, coupon sites or other online venues;
  • permitting another individual to use the referring customer’s account.

11.4 Fastvan reserves the right to void, verify or adjust credits at any time prior to or following posting and redemption and credits cannot be applied to previous shipments, and are not redeemable for cash

12. Applicable Law and Jurisdiction

12.1 This Agreement will in all respects be governed by and construed under the laws of the Republic of South Africa.

12.2 The Parties hereby consent and submit to the exclusive jurisdiction of the North Gauteng High Court of the Republic of South Africa in any dispute arising from or in connection with this Agreement.

12.3 We may update the User Terms from time to time which will apply to the use of the Company site at via "www.fastvan.com" and such changes shall be binding on the User upon posting.

12.4 We reserve the right to revise the User Terms at any time without prior notice

Questions? Concerns? Suggestions?

Please contact us at info@fasvan.com to report any violations of these TOS or to pose any questions regarding this terms or the Service or visit our FAQ at fastvan.com/faq for more information