MassDel Terms & Privacy Policy

Terms & Privacy Policy

MassDel Terms & Conditions of Senders

(“Terms and Conditions”)

IMPORTANT NOTICE

These Terms of Use ("Terms of Use") constitute a legally binding agreement between you ("User" or "you" or "your") and MassDel delivery ("MassDel " or "we" or "us"). The following terms and conditions, govern your access to and use of MassDel mobile application for iOS and Android devices (the "App"), and your access to and use of MassDel's website located at www.MassDel.com (the "Website") including any content, functionality and services offered on or through the Website (the "Internet Services") (the Website, the Internet Services, and the App, are collectively referred to as the " MassDel delivery Platform"), whether as a guest or a registered User.

Please read these Terms of Use carefully before you start to use the MassDel Platform. By installing the App, by otherwise accessing or using any aspect of the MassDel Platform, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Use and our privacy policy, found at www.MassDel.com/privacy-policy/ ("Privacy Policy"), incorporated herein by reference (together herein referred to as this "Agreement"). When ordering MassDel’s services you, as “Shipper”, are agreeing, on your behalf and on behalf of the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment that these Terms and Conditions shall apply.

ABOUT MASSDEL DELIVERY
1. MassDel is a web and mobile application-based platform, which can be found on the website via https://www.massdel.com./ and can be downloaded onto your mobile phone (the “Application”) that connects individuals or organizations who require courier services (the “Senders”) with individuals or organizations who wish to offer their courier service (the “Driver”). Subject to the applicable terms and conditions, the drivers can provide the Senders with the following types of courier services:
2. Senders may book courier services as and when required by the Senders at any time
3. Senders with an account may book courier services that aim to deliver the goods on demand or on scheduled day they booked.
4. MassDel delivery reserves the right to review and change any of the General Terms and any Additional Terms by updating their respective pages. When MassDel updates the General Terms and any Additional Terms, it will use reasonable endeavors to provide you with notice of same. Any changes to the General Terms and any Additional Terms shall take immediate effect from the date of their publication. Your access and use of the Application and/or Services after MassDel makes any changes constitute your acceptance of any such changes and you will be bound by those changes.
5. MassDel’s collection and use of personal information in connection with the Application and Services is described in MassDel’s Privacy Policy.
ACCOUNT REGISTRATION
1. You may choose to register for an account on the Application (an “Account”). If you do, you are required to provide MassDel with:
  1. your personal information such as your name, mobile number, email address, location;
  2. a password; and
  3. make an initial deposit (optional) The deposit amount may be subject to change and MassDel will use reasonable endeavors notify you of the change.
2. You warrant that any personal and/or registration information you provide to MassDel will always be accurate, correct and up to date.
3. You understand that by supplying MassDel with your personal information such as email address and phone number, you may receive regular emails, telephone calls, SMS updates or in-app notifications from MassDel in order to keep you updated on the job delivery status, to keep you informed about invoices or other matters regarding the Application and/or Services.
4. By registering for an Account or using the Application and/or Services, you represent and warrant to MassDel that:
  1. you have reached the legal age in your jurisdiction;
  2. you have the right, authority and capacity to agree to and abide by the General Terms and any Additional Terms;
  3. if you are registering with MassDel Application and/or Services on behalf of a business, that business is taken to have accepted the General Terms and any Additional Terms and you are taken to have been duly authorized to bind the business; and
  4. you will use the Application and Services in a manner consistent with any and all applicable laws, regulations and all other MassDel policies.
YOUR OBLIGATIONS
1. As a user of the Application and Services, you agree to comply with the following:
  1. you will only use the Application and Services for purposes that are permitted by: the General Terms and any Additional Terms (as applicable); and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  2. if you have an Account registered with MassDel, you will not to share your Account with any other person and you acknowledge that you are responsible for maintaining the confidentiality of your user’s name and password and for restricting access to your computer to safeguard such confidentiality and prevent any misuse of your Account;
  3. you will notify MassDel immediately following any unauthorized use of your Account or any other breach of security;
  4. you will not use the Application and Services in connection with any commercial endeavors except those that are specifically endorsed or approved by the General Terms and any Additional Terms (as applicable);
  5. you must not expressly or impliedly impersonate another user or use the profile or password of another user at any time;
  6. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of the Services. Appropriate legal action may be taken by MassDel for any illegal or unauthorized use of the Application;
  7. you will not harass, impersonate, stalk, threaten, or use inappropriate or offensive language and/or behavior towards our employees, agents, servants, contractors and/or other users of the Application and/or Services;
  8. access and use of the Application and/or Services is limited, non-transferable and allows for the sole use of the Application and/or Services by you for the purposes specified in the General Terms and any Additional Terms (as applicable);
  9. you agree to pay all fees, charges, subscriptions, expenses, negative account balance, credits and costs in accordance with the General Terms and Additional Terms (as applicable). In the event that you do not make payment of the above amounts, you agree and understand that MassDel may report you to a credit reporting agency and you will be liable to MassDel for its legal and/or recovery costs of the recovery of the amount outstanding (on an indemnity basis).
  10. You agree to pay all fees, charges, and expenses whatsoever incurred, if you, the shipper select the wrong vehicle type and once the driver accepted your order; Any cost and expenses associated with selecting the right vehicle type for your package is fully you (Shipper) responsibility alone and you (shipper) will be liable for any cost and expenses whatsoever.

TYPES OF GOODS
1. Restricted and dangerous Goods
  1. No goods will be received or accepted by MassDel including to transport any illegal, prohibited, stolen, explosive, inflammable, or otherwise dangerous or hazardous goods (the “Restricted Goods”) or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever without MassDel’s consent in writing prior to the goods being tendered. Should MassDel consent to the movement of any of the above, the containers or packaging must be marked accordingly as to comply with the applicable legislation, regulations or requirements of any authority. The Customer and/or the Sender shall be responsible and liable, without limitations for all costs, fines, damages, loss of income and/or legal costs which MassDel may incur as a result of the Customer and/or the Sender’s breach of this clause;
  2. If you are unsure whether the goods you wish to transport are considered Restricted Goods, you should contact MassDel on 7691 or you will take the full responsibility of the legal case or whatsoever.
  3. If MassDel driver believe on reasonable grounds that the goods you wish to deliver consists of or contains Restricted Goods, then: MassDel drivers are not obliged to deliver the goods to the intended recipient or return the goods to you;
    1. you will be liable to pay a cancellation fee or a return fee (if applicable) to return the goods from the recipient to you, (as specified in each Additional Terms);
    2. MassDel drivers may deal with the goods in accordance with any applicable laws, which may include rendering safe, destroying the goods or delivering the goods to the police, defense or emergency services. If MassDel drivers does so on reasonable grounds and in accordance with the law, then MassDel and/or the Driver shall not be liable to reimburse you in full or in part for the goods so dealt with. In addition, any costs incurred by MassDel drivers in relation to rendering safe or destroying the goods pursuant to this clause shall be recoverable from you.
  4. Under No circumstances will MassDel accept liability for goods of this nature (as set out above) and customer and/or sender must provide written proof that the goods in question are comprehensively insured with a reputable insurer for the duration of the carriage of the goods prior to the goods being taken into MassDel care, custody and control.
2. Perishable Goods
  1. Where the goods to be delivered are perishable, you must ensure that they are properly packed for carriage and delivery.
  2. Where the perishable goods are not delivered to the intended recipient due to the Sender’s failure to nominate a correct delivery address or to arrange for the collection of the perishable goods at the nominated address, then: MassDel will notify you of the delivery issue and you must provide instructions to MassDel and/or the driver within a reasonable time;
  3. MassDel and/or the driver may hold onto the perishable goods, and if they do, they shall not be obliged to hold on to the perishable goods for more than the specified reasonable time in hours; and
  4. if MassDel and/or the driver do not receive any instructions from you within two (2) hours from request, then MasDel and/or the driver have the right to dispose the perishable goods and hold you responsible for all the damage and associated costs whatsoever or return to the shippers at its own cost and you consent to such disposal.
  5. Any loss or damage whatsoever caused by the perishable, fragile or brittle nature of the goods and packaging, no responsibility or liability whatsoever shall attach to MassDel or its employees.
INSPECTION OF SHIPMENTS AND IDENTIFICATION REQUIREMENT
1. MasDel has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons. We may, at our sole discretion, require the shipper to provide their government-issued photo identification prior to tendering a package to MassDel.
DELIVERY ISSUES
1. To prevent any delivery issues from arising, you must ensure that:
  1. all delivery information (such as recipient’s address, name and contact details) provided to MassDel is accurate and complete; and
  2. all delivery orders (including any delivery instructions) are given to the particular driver assigned to you for a particular delivery order.
  3. If the delivery information provided to MassDel is not accurate or if the delivery order is given to a driver that is not assigned for that particular order, MassDel and the drivers shall not be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the goods.
  4. You must ensure that the goods to be delivered are packaged to withstand handling, transport and storage. The driver may refuse to deliver the goods if they deem that the goods are packaged in a way that there is a risk of the goods being damaged during the delivery process. If so, the Delivery Services Fee will not be refundable and in addition you will be liable for any additional costs and expenses (such as cancellation fee) that may be incurred in relation to the delivery goods.
  5. In addition, you must ensure that the sizes of the delivery goods to be handed over to the driver match the description of the sizes as specified by you when placing the delivery requests. The driver may refuse to deliver the goods if the sizes of the delivery goods do not match your description. If so, the Delivery Services Fee will not be refundable and in addition you will be liable for any additional costs and expenses (such as cancellation fee) that may be incurred in relation to the delivery goods.
  6. Where you have provided your contact details and/or the recipient’s contact details, you authorize MassDel to disclose your contact details and/or the recipient’s contact details to the driver for the sole purpose of contacting you and/or the recipient to seek further instructions or assistance in the event of any delivery issues. Where the driver are not able to contact you and the recipient, to prevent the loss of the delivery goods, you authorize the driver to return the delivery goods to you and you will be liable for any additional costs and expenses that may be incurred in relation to the delivery (and if applicable, re-delivery) of the goods.
  7. As part of the provision of the Services, you are given the opportunity to use the Application to track the location and the delivery of the goods. You must only use the GPS location service for the sole purpose of tracking the delivery of the goods and you must not use it for any other purposes. Further, by agreeing to the Terms, you acknowledge and understand that MassDel uses Google Maps and Google Earth as a third-party service provided. Accordingly, by agreeing to these Terms or by receiving the Services, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
  8. You represent and warrant that: you alone own the goods or if there are other owners, you at as their agent and they agree to the General Terms and Additional Terms (as applicable); you have complied with all laws in connection with the goods to ensure that they can be lawfully handled, transported and stored;
  9. you have not asked us to handle, transport or store the goods in any way that may be unlawful; and you agree to only send goods that are properly packaged and send goods that we can transport; If the goods are not properly packaged or do not comply with the General Terms and Additional Terms (as applicable), you may be liable for additional fees as applicable.
  10. In the event where there is a dispute or disagreement regarding the estimated distance required to be travelled, all relevant parties agree that the estimated distance that will apply to the relevant transaction is the distance as estimated by Google Map.
Loading and unloading
1. Any loading and unloading process will be handled by you (Shipper) not by MassDel drivers and any damage that occurs in this process will be fully the responsibility of you (Shipper), but as a good gesture MassDel driver can lend hand for help in the loading and unloading process up on the request of the shipper whatsoever to enhance service quality, serving drivers are encouraged to do so;
2. Any loss or damage whatsoever caused in the loading and unloading process including by the driver or any others no responsibility or liability whatsoever shall attach to MassDel or its employees.
Deliveries and Undeliverable shipments
1. Shipments are delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally.
2. If the Shipment is deemed to be unacceptable as described in Section 4 ,or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, The recipient’s place of business is closed , No appropriate person was available to accept the shipment at a delivery location on the initial delivery attempt or reattempts, The shipment was addressed to an area not served by MassDel, MassDel shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper;
3. MassDel shall have the right to destroy or to handover/cooperate with any legal authorities of any Shipment which any law prevents MassDel from returning to Shipper as well as any Shipment of Dangerous Goods.
Refusal or rejection of shipments
1. We reserve the right to refuse, hold or return any shipment and may do so at our sole discretion and without liability to us. We will execute that right when (but not limited to cases in which):
  1. the shipment may cause damage or delay to other shipments, property or personnel;
  2. the shipment is likely to sustain damage or loss in transit because of improper or unacceptable packaging or otherwise;
  3. the shipment contains any prohibited items considered as restricted and / dangerous goods;
  4. the account of the person or entity responsible for payment is not in good credit standing;
  5. when acceptance of the shipment may jeopardize our ability to provide service to other customers; or
  6. when MassDel is unable to validate the identity of the shipper. We have no liability whatsoever for refusal or rejection of shipments.
Shipment Charges and Fees
1. MasDel ’s Shipment charges are calculated according to vehicle type, distance in kilometer and time in minutes. MassDel use (Tp=Pf (vehicle type) + (Rated*Distance (in K.M) Ratet*Time (in Min)) =Tp and Tp -12% commission for MassDel and the final deposit for the driver to confirm this calculation. Accordingly, MasDel will take 12% commission and the remaining will go to the deriver (Tp -12% commission for MassDel).
2. Shipper, or the Receiver when MassDel acts on Receiver’s behalf, shall pay or reimburse MassDel for all Shipment or other charges due, or Customs Duties owed for services provided by MassDel or incurred by MassDel on Shipper’s or Receiver’s behalf. Payment of Customs Duties may be requested prior to delivery.
3. If MassDel uses its credit with the Customs Authorities or advances any Customs Duties on behalf of a Receiver who does not have an account with MassDel, MassDel shall be entitled to assess a fee.
Proof of delivery
1. We will, when available, provide proof-of-delivery information for packages delivered within our primary service areas when requested by the sender, recipient or third-party payer. We assume no liability for our inability to provide a record of the proof of delivery. We assume no liability for our inability to provide documentation of the proof-of-delivery phone call for MassDel on demand service.
2. When available, we may also provide an image of the signature proof of delivery online at MassDel.com. We will, when available and when requested by the sender, recipient or third-party payer, provide an image of the recipient’s signature along with other delivery information that is available in electronic form. The signature proof of delivery is available online at MassDel.com or via MassDel Ship Manager software or electronic data interchange (EDI). If requested, we will send to the shipper, recipient or third party a copy of the signature proof of delivery via fax, or via MassDel Standard parcels Envelope for a special handling fee (see Rates in the MassDel Service for details).
3. For on demand service, we will, if requested, phone the shipper to provide the time of delivery and name of the person who received the delivery. Two attempts are made to contact the shipper within two hours of delivery. If unsuccessful, MassDel has no further obligation to the customer with respect to proof of performance.
Delivery Signature Options
1. MassDel offers Delivery Signature Options for shippers. Not available for all shipments or to all destinations.
  1. Indirect Signature Required. MasDel will obtain a signature through:
    1. The recipient can utilize MassDel Delivery Manager or dispatch center to authorize release of the package without anyone present. If delivery cannot be completed in these ways, MassDel may reattempt delivery.
  2. Direct Signature Required. MassDel will obtain a signature from the receiver or someone represented to receive the packages by the shipper through online chat within a MassDel system or MassDel dispatch center. If no one is at the address, MassDel may reattempt delivery.
  3. Adult Signature Required. MassDel will obtain a signature from someone at least 18 years old (government-issued photo identification required) at the delivery address. If there is no eligible recipient at the delivery address, MassDel may reattempt delivery.
Limitations on legal actions
1. Any right you might have to damages and loses , refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any goods pursuant to the MassDel Service shall be extinguished unless you file an action within six(6)months from the date of delivery of the shipment or from the date on which the shipment should have been delivered.
2. Any right that you might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation of any package pursuant to the MassDel Service shall be extinguished unless you first comply with all applicable notice periods and requirements in these terms and conditions including, but not limited to, the periods and requirements for providing notice under the Billing, Claims and whatsoever Policy sections. You and we understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must plead compliance with those conditions’ precedent on the face of any complaint that you file against us. You and we agree that MassDel cannot be considered to have breached any obligation to you unless or until we wrongfully deny a claim submitted to us pursuant to the notice periods and requirements contained in these terms and conditions. Finally, you and we agree that you will comply with applicable notice periods and requirements even if you believe that such compliance will not result in relief from us or if you lack knowledge regarding whether such compliance will result in relief from us.
3. You agree that you will not sue us as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against us. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff. To the extent that any court finds that regions rather than federal law apply to any provision of this contract, the controlling law is the substantive law of the region in which you tendered your shipment to us. The performance of any services does not make us an agent of the shipper or any third party for any purpose.
REVIEW AND RATING
1. As part of the Services, the Application provides the Senders with the opportunity to review and rate the driver whom they have engaged previously in order to assist other Senders to assess whether they want to engage a particular driver and to assist MassDel in determining which driver to assign to the Senders. The reviews and ratings will be listed on the respective driver profile for view by Senders and recipients of goods.
2. The Senders may rate the drivers as good or bad. The rating for a driver will then be aggregated from all ratings provided by the Senders (the “Review and Rating System”).
APPLICATION CONTENT
1. Content
  1. In this clause, “User Content” means any and all information and content that a user or visitor of the Application submits to or uploads to the Application.
  2. MassDel does not claim ownership of the User Content. MassDel makes no guarantees about the User Content and MassDel does not endorse or accept any responsibility for the User Content.
  3. You are solely responsible for the User Content and you assume all risks associated with the use of the User Content, including any reliance on its accuracy or completeness.
2. Third Party Website
  1. The Application may be linked with third party websites (each a “Third Party Website”).
  2. MassDel is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third-Party Website, any website accessed from a Third-Party Website or any changes or updates to such sites. MassDel makes no guarantees about the content or quality of the products or services provided by such sites.
COPYRIGHT AND INTELLECTUAL PROPERTY
1. The Application, the Services and all of the related products of MassDel are subject to copyright, trademark and/or other proprietary rights. The material on the Application is protected by copyright under the laws of Ethiopian government. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, software, code, scripts, design elements and interactive features) (the “Content”) are owned or controlled for these purposes, and are reserved by MassDel.
  1. All trademarks, service marks and trade names are owned, registered and/or licensed by MassDel, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a user to:
    1. download the Application to a mobile device via a web browser and/or app store;
    2. 1 use the Application and Services pursuant to the General Terms and any Additional Terms (as applicable);
    3. copy and store the Application and the material contained in the Application in your phone’s cache memory; and
    4. print pages from the Application for your own personal and non-commercial use.
GENERAL DISCLAIMER
1. Nothing in the General Terms and/or any Additional Terms (as applicable) limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Ethiopian Law (or any liability under them) which by law may not be limited or excluded.
2. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the General Terms and any Additional Terms (as applicable) are excluded; and
3. MassDel will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
4. Use of the Application, the Services, and any of the products of MassDel, is at your own risk. Everything on the Application, the Services, and the products of MassDel, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of MassDel make any express or implied representation or warranty about its Content or any products or Services (including the products or services of MassDel) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
  2. costs incurred as a result of you using the Application, the Services or any of the products of MassDel;
  3. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or
  4. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
LIMITATION OF LIABILITY
1. MassDel is not and will not be liable for any loss or damage to goods during the carriage and while the goods are in the possession of MassDel drivers. If you wish to protect your goods during the provision of the Services, then we highly recommend you to carful mange the loading unloading and transportation process
2. its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
3. MassDel is not responsible or liable in any manner for any claim arising out of your incorrect or improper use of the Application and Services, including but not limited to any use that does not comply with the General Terms and any Additional Terms (as applicable), or any use that is not expected or not reasonable.
4. MassDel does not control and is not responsible for the behaviors and actions of its users, their comments, posts or information that they upload. Whilst MassDel will use commercially reasonable endeavors to moderate the content on the Application, MassDel is not responsible for any offensive, inappropriate, obscene or unlawful content you may encounter on the Application or in connection with any of the Services.
5. Nothing in the General Terms and any Additional Terms (as applicable) shall constitute an express or implied warranty by MassDel that the Services will be uninterrupted or error free. Furthermore, MassDel and its directors, officers, employees, agents, contractors and their respective personnel (“Personnel”) are not liable for any failure, delay, interruption, corruption, errors or faults which are a consequence of any governmental body, war, insurrection, sabotage, embargo, breakdown, civil disturbance, crime, lockout, riot, theft, tempest, war, earthquake, fire, flood, strike or labor disturbance, interruption or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or hardware or any other matter beyond MassDel’s control (the “Force Majeure Event”), provided that MassDel and its Personnel takes all steps reasonably necessary to mitigate the effect of the Force Majeure Event and to recommence performance of the affected obligations.
INDEMNITY
1. You agree to indemnify MassDel and its Personnel from and against from and against any and all actions, suits, claims, demands, liabilities, losses, damages, settlements, costs and expenses (legal fees on a full indemnity basis) (the “Loss”) which arise out of or in connection with:
  1. any misuse of the Application and/or Services by you or your Personnel, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
  2. any death or personal injury caused or contributed to by any act or omission by you or your Personnel;
  3. any damage to or loss or destruction of real or personal property caused or contributed to by any negligent act or omission by you or your Personnel;
  4. your breach of the General Terms and any Additional Terms (as applicable); or
  5. the use of any intellectual property created in respect of the Services not contemplated by the General Terms and any Additional Terms (as applicable) or as a consequence of a breach of the General Terms and any Additional Terms (as applicable); except to the extent that the Loss is directly attributable to the negligence or wrongful act or omission of MassDel.
DISPUTE RESOLUTION
1. If a dispute arises out of or in connection with the General Terms and any Additional Terms (as applicable) (the “Dispute”), then you agree to comply with the following:
  1. either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought);
  2. the party claiming that a Dispute has arisen must give written notice to MassDel within 72 hours from the completion of the delivery or if a delivery is not completed, from the expected completion time. In the written notice, you must detail the nature of the dispute, the desired outcome and the action required to settle the Dispute (“Notice”);
  3. all communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence;
  4. If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so; and
  5. in the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
  6. Where the Dispute arises out of or in connection with the delivery job, delivery goods or any other matter where the driver may be held financially liable, MassDel may, in its discretion, which shall not be exercised unreasonably:
    1. freezes and suspend the driver’s account;
    2. withhold the security bond that the driver has deposited with MassDel,
    3. and if not release the Withheld Amount until the dispute is resolved in accordance with this clause or there is a court order requesting the Withheld Amount to be released.
TERMINATION
1. The General Terms and any Additional Terms (as applicable) will continue to apply until terminated by either you or by MassDel.
2. You may, at any time, terminate the General Terms and any Additional Terms (as applicable) by:
  1. notifying MassDel by giving two (2) weeks’ notices of your intention to terminate the General Terms and any Additional Terms (as applicable) with MassDel; and closing your Account for all of the Services which you use, where MassDel has made this option available to you. Your notice should be sent, in writing, to MassDel.
3. MassDel may, at any time, terminate the General Terms and any Additional Terms (as applicable) with you if:
  1. you have breached any provision of the General Terms and Additional Terms (as applicable) or intend to breach any provision;
4. the partner with whom MassDel offered the Services to you has terminated its relationship with MassDel or ceased to offer the Services to you;
5. MassDel is transitioning to no longer providing the Services in the country in which you are resident or from which you use the service;
6. the provision of the Services to you by MassDel is, in the opinion of MassDel, no longer commercially viable;
7. your Account has been inactive for a period of twenty-four (24) months.
8. When the General Terms and any Additional Terms (as applicable) come to an end, all of the legal rights, obligations and liabilities that you and MassDel have benefited from, been subject to (or which have accrued over time whilst the General Terms and any Additional Terms (as applicable) have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

VENUE AND JURISDICTION

22.1 The Services offered by MassDel are intended to be viewed by residents of Ethiopia. In the event of any dispute arising out of or in relation to the Application and/or Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Addis Ababa, Ethiopia.

23. ROUTING

23.1 Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.

GOVERNING LAW

24.1 The General Terms and any Additional Terms (as applicable) are governed by the laws of Ethiopia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating the Application and/or Services and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Ethiopia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This clause shall be binding to the benefit of the parties hereto and their successors and assigns.

SEVERANCE
1. The General Terms and any Additional Terms (as applicable) will be enforced to the fullest extent permitted by applicable law. If any part of the General Terms and any Additional Terms (as applicable) is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the General Terms and any Additional Terms (as applicable) shall remain in force.
WAIVER
1. A waiver of any right, power or remedy under the General Terms and any Additional Terms (as applicable) must be in writing signed by the party granting it.
2. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
3. The fact that a party fails to do, or delays in doing, something the party is entitled to do under the General Terms and any Additional Terms (as applicable) does not amount to a waiver.
ASSIGNMENT
1. MassDel may not assign or transfer its rights or obligations under the Terms without your prior written consent. Such consent not to be unreasonably withheld or delayed. Notwithstanding same, MassDel may assign or transfer its rights or obligations under the Terms, without your consent, to:
2. any third-party service provider such as the Courier for the purpose of providing the Services to you. Further, any third service provided engaged by MassDel may in turn subcontractor part or all of their obligations to other third party;
3. You may not assign or transfer your rights or obligations under the Terms without prior written consent of MassDel. Such consent not to be unreasonably withheld or delayed.
CONTACT INFORMATION

MassDel may be contacted by email at info@massdel.com

Further information is available on the MassDel website (www.MassDel.com) or from MassDel Customer Service.

Note: insurance, claims, & can customers ride with the driver or not and other related issues are not fully considered.

Contact Information
MassDel Commission Agent
Bole Sub-City, Woreda 13, Sami Building, 5 th Floor, Room 506
Shortcode: 7691
Email: Info@MassDel.com
www.massdel.com