CUSTOMER:any legal entity or person who requests the services of YOBANTE EXPRESS;
Terms of Use: refers to these terms and conditions of use of the Yobante Express
website and mobile application.
Consignment note: means the written document evidencing the contract of
carriage of the package. In this context, it could include information about the
Sender and the Consignee of the parcel, confirmation of handling the package by
scanning its shipping label or entering its tracking number with the Yobante
Express platform.
Sender:refers to the person or legal entity who makes request YOBANTE
EXPRESS services;
Consignee:is the person in charge of the final receipt of the package;
Carrier orCourier: means any person or legal entity duly registered on the
YOBANTE EXPRESS website and/or mobile application as a carrier and willingly
responsible to carry one or more parcels on behalf of YOBANTE EXPRESS for
YOBANTE EXPRESS Customers;
Relay point: is a legal entity having a physical premises (headquarters,
Warehouses) or a person owning a shop with a minimum space of two square
meters reserved for YOBANTE EXPRESS service needs. The owner must provide
supporting documents for the activity carried out and his identities during the
registration process on the website. Also, he agrees to receive customers properly.
Registered User or User: refers to any person or legal entity who has created an
account on YOBANTE EXPRESS, either by following the online registration
procedure described below or by registering directly;
Package or Parcel: refers to the good, object, letter to be shipped;
Charges: the rates, surcharges or shipping costs charged by YOBANTE
EXPRESS at any time;
Website:www.yobanteexpress.com
EXPRESS at any time;
Mobile Application:refer to any mobile application own by YOBANTE
EXPRESS;
Platform:refers to the Website and the mobile application of YOBANTE
EXPRESS
2. Consent, capacity, purpose and cause
The other party undertakes to comply with these Terms of Use throughout its use
of the Service. In case of disagreement with these terms and conditions, the natural
or legal person must not use the Service.
The User declares that he/she has the capacity to contract, in accordance with the
provisions of Senegalese legislation and the laws of the countries concerned, as
specified in the preamble. The minor or incapable adult User guarantees that he/she
has received the express authorization of his/her tutor or curator.
In the event that the User acts in the name and on behalf of another natural or legal
person, he guarantees that he has received the delegation and power necessary for
such an undertaking.
The object and cause of the contract is the transport of goods, documents, and other
types of packages within Senegal and the countries specified in the preamble and
in accordance with the laws and regulations in force on the national territory of
Senegal and each country concerned.
3. Sender' s rights and obligations
In this charter, two categories of customers are to be distinguished: the business
customers and private customers. The business customer is an entity or a company
that uses the platform for its delivery activities. He must register online and
provide his supporting documents for YOBANTE EXPRESS KYC (Know Your
Customer) verification. He thus shall receive a starter kit from YOBANTE
EXPRESS if the KYC verification is positive.
For individuals, these are all other categories of customers, except for the cases
mentioned above. The sender shall provide the carrier with the information and
instructions to be included in the consignment note.
The sender guarantees that he/it is not a sanctioned individual, entity by the U.S
Office of Foreign Assets Control (OFAC) regulations, or individual or entity in
sanctioned countries by OFAC.
Reparation obligation
A sender who gives dangerous goods or material to the carrier, without first having
made known its exact nature, is liable for any damage suffered as a result of the
carriage of such goods.
The sender shall be required to make good any damage suffered by the carrier or
any other person employed by the carrier in the performance of the contract of
carriage, where such damage is caused either by the inherent defect of the goods or
by the omission, insufficiency or inaccuracy of his declarations or instructions in
respect of the goods carried.
The carrier may adequately unload, destroy or render harmless dangerous goods
which he would not have agreed to take over if he had known their nature or
character.
Similarly, a sender who gives the carrier documents, cash or high-value goods,
without first disclosing their nature or value, is liable for any damage suffered as a
result of their transport. However, the carrier is not required to carry documents,
cash or high-value goods.
If he transports this type of goods, he is only liable for the loss if the nature or
value of the property has been declared to him. A false statement that
misrepresents the nature or value of the property exonerates the carrier from any
liability.
Payment of charges and other costs
The sender guarantees the payment of transport costs which are calculated
according to the actual weight of the package as well as the distance to be covered,
and any Shipment may be subject to a new weighing or a new measurement by
YOBANTE EXPRESS in order to confirm the said calculation. Additional charges
may be levied by Customs at the border in the event that the package crosses one
or more borders.
He must also pay the storage costs and expenses incurred by this merchandise and
assume the risks. Payment must be made at the relay point or on the platform.
As far as business customers are concerned, they can benefit from two payment
methods: immediate payment for each shipment or deferred payment (by the 5th of
the following month at the latest).
Types of items to be shipped
The sender guarantees:
-
- The object is not classified as risk material, dangerous goods, prohibited
article;
-
- These are not counterfeit goods, animals, gold bullion, bearer negotiable
instruments, metals and precious stones, firearms (whether true or false),
firearm parts, explosives, ammunition, human remains, pornographic
material or narcotics;
-
- Shipments will not be delivered to post office boxes or codes but will be
delivered to the Recipient's address provided by the Sender but will not
necessarily be delivered by hand to the Designated Recipient. Shipments to
addresses with a central receiving area will be delivered to this area;
-
- If the Shipment is considered unacceptable, or if it has been undervalued for
customs purposes, or if the Consignee cannot be reasonably identified or
located or if the Consignee refuses delivery or refuses to pay for delivery in
the case of a cash on delivery payment, YOBANTE EXPRESS will make
every reasonable effort to return the Shipment to the Shipper at the latter's
expense, and failing this, the object may be transferred, alienated or sold by
the service without liability to Sender or any other person, and the proceeds
of the sale shall be used to pay the costs incurred and the administrative
costs associated therewith, and the balance shall be returned to Sender.
- YOBANTE EXPRESS can always refuse to transport the equipment for any
reason whatsoever.
Packing and packaging
The sender must pack the goods properly. He shall be liable to the carrier and any
other person employed by the carrier for the performance of the contract of
carriage, for damage to persons, equipment or other goods, and for expenses
incurred as a result of the defective packaging of the goods, unless, since the defect
is apparent or known to the carrier at the time of taking over, he has not made any
reservations with regard to it.
Where, at the time of take-over, an apparent or known packing defect of the carrier
poses a clear risk to the safety or integrity of persons or goods, the carrier must
notify the person responsible for packing and invite him to remedy it.
The carrier is not required to carry the goods if, after the notice, the defect in
packaging is not remedied within a reasonable time having regard to the
circumstances of the case.
If there is a break in the packaging during transport, the carrier shall take the
measures which he deems best in the interest of the person entitled to the goods
and shall notify the latter. If the broken packaging or the goods it contains present a
risk to the safety or integrity of persons or goods, the carrier may, in an appropriate
manner, immediately unload the goods on behalf of the person entitled and notify
the latter. After unloading, the transport is deemed to be completed. In this case,
the carrier shall assume custody of the goods; however, he may entrust them to a
third party and shall then be liable only for the choice of that third party. The goods
shall then remain subject to the claims resulting from the consignment note and
any other costs.
Insurance
The sender may subscribe to an insurance policy covering the real value of the
goods in the event of loss or any other material damage affecting the shipment.
4. Rights and obligations of the relay point
The relay point must register and provide his supporting documents online for
YOBANTE EXPRESS KYC (Know Your Customer) verification. He thus shall
receive a starter kit from YOBANTE EXPRESS if the KYC verification is
positive.
Checking:
Before accepting the package, the relay point operator must check and validate the
contents of the parcel and pack it with the material offered by YOBANTE
EXPRESS (Starter kit) or any other suitable material. He may reasonably agree
with the customer on the price of the packaging if it is not provided by YOBANTE
EXPRESS. The carrier is therefore required to check the contents of the package
and ensure that the item is not on the list of prohibited items to be shipped by its
own means, either manually or using appropriate equipment such as a scanner, and
to acknowledge receipt by means of automatic confirmation by recording the
information provided by the Sender.
Thereafter, the relay point operator is required to notify the consignee of the arrival
of the goods and the time limit for their recovery, unless delivery of the goods is
made to the residence or establishment of the consignee.
When a carrier picks up a package using the YOBANTE EXPRESS platform
process, the relay point operator is required to verify the identity document
provided by the carrier at registration with the YOBANTE EXPRESS platform.
Compensation :
The relay point receives a 25% commission on the amount of the transaction
(shipping fees from his relay point to the next point proposed by YOBANTE
EXPRESS). If only one relay point is involved in the transaction, it affects all 25%.
If two (2) relay points are involved, the starting point is entitled to 15% and the
finishing point receives 10%.
A credit account is opened upon registration on YOBANTE EXPRESS platform;
this account has no monetary value. He can recharge it either by giving the carrier
cash as shipping commission or when he receives delivery fees payment from the
sender.
This credit can only be used to send parcels with YOBANTE EXPRESS platform.
He can also use his accumulated credit after several deliveries to request
commission payment from YOBANTE EXPRESS directly with the platform.
5. Rights and obligations of the carrier
The carrier is an entity or person who owns the means of transport or a ticket and
provides proof of identity. He must register on the platform as a carrier user.
Unless otherwise agreed, he works on his own account. He voluntarily agrees to be
geolocated and followed as long as he is active on the platform. He receives an sms
or a push notification from the platform if he is online with the mobile app. From
then on, he/she will present himself/herself at the relay point with his/her
identification document.
Upon signing this charter, the carrier and the relay point agree not to use the
platform for any other purpose.
Verification :
When picking up the goods, the carrier must check:
-
- the accuracy of the indications in the consignment note relating to the
number of packages, their brands and numbers;
-
- the apparent condition of the goods and their packaging.
If the carrier does not have reasonable means to verify the accuracy of the
information referred to, he shall enter in the consignment note reservations which
must be substantiated.
The sender has the right to require the carrier to verify the gross weight or
otherwise expressed quantity of the goods. It may also require verification of the
contents of the package.
Shipping & Returns
The carrier is required to deliver the goods to the consignee at the place designated
for delivery, in the absence of a relay point located in the area, and to give him a
copy of the consignment note accompanying the goods, all against electronic
discharge with a unique 4-digit PIN code generated by the platform and notified by
SMS or email to the consignee. Delivery must be made within the agreed period or,
in the absence of an agreed period, within the period that is reasonable to allow a
diligent carrier, having regard to the factual circumstances.
If there is a relay point located in the area, the carrier delivers the package to it.
The relay point operator is therefore required to check the package and
acknowledge receipt.
Thereafter, the carrier is required to notify the consignee of the arrival of the goods
and the time limit for their recovery, unless delivery of the goods is made to the
residence or establishment of the consignee.
Before taking delivery of the goods, the consignee shall be required to pay the
amount of the claims resulting from the consignment note only if the delivery fees
are not already been paid by the Sender. In the event of a dispute on this subject,
the carrier is only obliged to deliver the goods if a guarantee is provided by the
consignee.
Dispute
The consignee must send the relay point operator a written notice indicating the
nature of the loss or damage no later than the first working day following the date
of delivery, in the event of apparent loss or damage; within seven days following
the date of delivery, Sunday and public holidays not included, in the event of loss
or damage not apparent. In the absence of notification within these time limits, the
goods shall be presumed to have been received in the condition described in the
consignment note.
A delay in delivery may give rise to compensation only if a written notice is sent to
the carrier within twenty-one days of the date of the notice of arrival of the goods
at the place designated for delivery or, where applicable, of the arrival of the goods
at the residence or establishment of the consignee when delivery is to be made
there.
Compensation:
Yobanté Express's pricing system gives the right price according to the route, the
weight of the package and the number of carriers available. The delivery fees are
calculated by an algorithm.
Thus, commission payments are managed by the platform with YOBANTE
EXPRESS credit system operating as virtual units (VU) with no monetary or
exchange value, that can be recharged online with existing money transfer, mobile
banking solutions, online payment solutions, POS payment solution powered by
partners (Wari, Orange Money, Post Cash, YUP in Senegal and other existing
payment solutions, that YOBANTE EXPRESS has a partnership with in each
country YOBANTE EXPRESS operates) and withdrawn in cash at any
YOBANTE EXPRESS relay point. These VU can only be used for sending
packages with the YOBANTE EXPRESS platform. It a process to handle the
commission payment to YOBANTE EXPRESS subcontractors (Relay Points and
Couriers) with online existing payment solutions that are specific to each African
country YOBANTE EXPRESS operates.
For the carrier, he is entitled to a commission of 50% on the amount of the delivery
fee. This commission is specified as follows:
30% if the package has arrived at its intended destination;
10% if it complies with the time and deadline conditions specified in the platform;
10% if the package is not altered.
6. Guarantees and Responsibilities of Yobantéé Express
Yobante Express makes every effort to provide the User with verified and updated
information, but it cannot be held liable for errors, inaccuracies, omissions or
unavailability of the information contained on its Website and mobile application,
nor for direct or indirect damage that may result therefrom.
The User is solely responsible for the interpretation and use of the documentation
thus provided.
Yobanté Express's liability is strictly limited to losses and damages resulting
directly from its fault.
Any other types of loss or damage are excluded (including, but not limited to, loss
of revenue, interest or future business) whether such loss or damage is special or
indirect, and even if Yobante Express's attention has been drawn to the risk of such
loss or damage before or after acceptance of the Shipment.
Claims are limited to a claim for payment of the actual value of the property, and
the settlement of such claim shall constitute the final settlement of any loss or
damage in connection with such claim.
In accordance with its legal obligations, Yobante Express may delete all or part of
a content after a third party has claimed that the content in question is illegal, and
may, at the formal request of the judicial authorities, transmit elements allowing
the identification of Users who have contributed to this content.
Yobante Express does everything in its power to offer the User a secure Site,
particularly with regard to the absence of viruses. However, it is the User's
responsibility to protect his equipment or computer network by equipping himself
with an anti-virus software that will be regularly updated by the User. The
Company may under no circumstances be held liable for any intrusion of viruses
into the User's computer equipment, nor for any direct or indirect damage that may
result therefrom.
7. Registration and Yobante Express account
The carrier and the Relay point Operator may only use the entire Yobante Express
service after having registered by creating an account, and having logged in by
indicating their email address and password as identifiers.
The information required by Yobante Express is necessary and mandatory for the
creation of the User's account. In particular, the e-mail address may be used by
Yobante Express for the administration, management and animation of the Service.
The user's ip address is also stored in our databases when the user registers.
The User can modify all the information he/she has provided during registration,
using the management parameters of his/her account. It thus takes responsibility
for all actions carried out by means of its identification information, and in
particular, and not exclusively, its Contributions.
The identifiers and communications between Users must comply with the rules of
good conduct provided for in these Terms of Use.
In the event of a breach of these provisions, Yobanté Express may close the
account without notice to the User's exclusive harm, and the User may no longer
use the Yobanté Express service.
Yobante express reserves the right to block logins or delivery services request from
certain IP addresses; ensuring that no shipment of goods to sanctioned countries;
and verifying that no payments are made to business partners, vendors, sellers, or
others named on various lists of sanctioned persons and entities by U.S Office of
Foreign Assets Control (OFAC) and the competent authorities of the countries
mentioned above.
The creation of an account implies acceptance of these Terms of Use. By
registering, the User agrees in particular to receive information from Yobanté
Express by email, from which he/she can unsubscribe upon simple request on the
page.
The user's name, first name, telephone number, address and geolocation can be
shared from the platform with other users involved in the service provided to the
user. This is to ensure that the service runs smoothly.
9. Rules of good conduct
The User is solely responsible for the information, messages and, in general, for
any content he or she disseminates via Yobanté Express' interactive services such
as question-answer, commentary and private messaging services.
The use of the Service for distribution to other Users of advertising or commercial
messages without prior authorization is prohibited. The User undertakes to be
courteous towards other Users.
All contributions and communications openly promoting crimes against humanity,
inciting racial hatred, violence, erotic, pornographic, defamatory, abusive,
deceptive, deceptive, offensive to respect for persons, contrary to public order or
morality, as well as commercial parasitism, are prohibited.
The account of any User who does not comply with these conditions may be
closed, and his messages deleted, without notice.
In the event of a breach of these provisions, the Contributor shall be solely liable.
In addition, Yobanté Express may then, depending on the seriousness of the facts,
correct or delete the disputed Contribution(s) and/or automatically and without
notice close the account to the User's exclusive harm, and the User may no longer
use the service.
In the event of unlawful or malicious behaviour, the User is encouraged to alert
Yobanté Express by e-mail, indicating in the subject line "Report abuse", by
making a complete and accurate transcription of the behaviour or message in
question if it is not public.
The User accepts that Yobanté Express may take the initiative, without prior
notice, to delete, in whole or in part, any content that it disseminates or is sent to it
via the interactive services, if such content is likely to violate the laws and
regulations in force or public morals.
10. Dispute resolution
Proof Agreement
The parties agree that they may exchange the information necessary for the
performance of the contract by electronic means. Any electronic communication
between the parties is presumed to have the same probative value as a written
paper document.
Partial nullity
In the event of the nullity of a substantial provision of the Terms of Use or if such
provision is deemed unwritten, in whole or in part, pursuant to a law or regulation
or following a final court decision, the other provisions shall remain in force and
shall remain fully binding between the parties.
Applicable law
These Terms of Use are governed by the laws and regulations of the User's country
of residence at the time he requests the services of Yobante Express. For a User
residing in Senegal, these conditions are governed by national law and conventions
and treaties ratified by Senegal.
Procedure for amicable dispute resolution
The parties undertake, in the event of difficulties in the performance of the contract
and prior to any termination, resolution and/or legal proceedings, to submit their
dispute to an amicable conciliation or arbitration procedure in accordance with the
law in force.
In this respect, the party wishing to bring the amicable conciliation or arbitration
procedure into play must notify the other party, by registered letter with
acknowledgement of receipt, of its intention to bring the said procedure into play,
specifying the difficulties encountered in its application.
Throughout the period during which such difficulties would be identified, the
parties agree that the continuity of the benefits provided for in the Terms of Use
shall prevail over any other consideration.
In the absence of an agreement between the parties within fifteen (15) days of the
notification referred to above, the parties shall be free to act.
Attribution of jurisdictional competence
In the event of a dispute, express jurisdiction is attributed to the regional court
where the headquarters of Yobante Express is located where the contract between
the parties is formalized, notwithstanding multiple defendants or warranty claims,
even for emergency proceedings or protective proceedings in summary
proceedings or by application.
