The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Merchant Couriers or by third-Party providers, or because of other causes beyond our reasonable control, but Merchant Couriers shall use reasonable efforts to provide advance notice on the Site or by email of any scheduled service disruption. However, the Service, including the Site, Software and Content, and any server and network components are provided on an "as is" and "as available" basis without any warranties of any kind, and Merchant Couriers expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Merchant Couriers does not warrant that the service or software will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the services or software, and no information, advice or services obtained by you from Merchant Couriers or through the service shall create any warranty not expressly stated in these Terms.
Under no circumstances and under no legal theory (whether in contract, delict, tort, or otherwise) shall Merchant Couriers be liable to you or any Third Party for - (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, or (b)any direct damages, costs, losses or liabilities in excess of the fees actually paid by you in the last six (6) months preceding the event giving rise to your claim, or, if no fees apply, equivalent to twenty United states dollars (US$20).
You hereby defend, indemnify, and hold Merchant Couriers harmless from and against all claims, actions or demands, including without limitation all legal and accounting fees, arising or resulting from your breach of these Terms or our Privacy Policy, any of Your Content, or your other access, contribution to, use or misuse of the Service. Merchant Couriers shall provide notice to you of any such claim, suit or demand. Merchant Couriers reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this clause. In such case, you agree to cooperate with any reasonable requests assisting Merchant Couriers defense of such matters.
1. Merchant Couriers shall give you as part of the Service, goods in transit insurance cover with a reputable insurance company ("Insurer"), to insure the items which are being delivered under the Service for the risks stipulated. This option is extended to you under the following terms:
(A) at booking the service you authorise us to deduct the amount of the fee/premium applicable to such insurance agreement from your credit card and or mobile money service;
(B) you shall be contracting with such Insurer together with Merchant Couriers (and not Merchant Couriers alone) on the terms and conditions to be found under the terms of the insurer's goods in transit policy, which terms and conditions shall be deemed to have been incorporated during delivery and are not valid outside of a delivery time or of a live purchased product order progressing in our system;
(C) all claims for loss, destruction and/or damage of any items being delivered under the Service shall be directed to the Insurer in Zimbabwe; to the extent that you have selected the option upon booking to acquire insurance from the Insurer then you hereby irrevocably waive and abandon all claims against Merchant Couriers for all loss, damage and/or destruction as aforesaid.
2. Merchant Couriers always recommends that you acquire insurance from the delivery booking process we offer to be fully covered in case of any unfavorable incidents. However, subject to the terms below, if you have not selected the option to acquire insurance when booking your delivery, then Merchant Couriers will only reimburse you for actual loss of or damage to any items being delivered while in Merchant Couriers Possession (as defined herein below) up to a maximum reimbursement of US$50 per delivery, provided however that any reimbursement hereunder may not exceed the total value of the original delivery. For purposes hereof, an item shall be deemed to be in Merchant Couriers Possession from the point of pickup of the parcel, or package from you until it reaches the drop off location via one of our delivery courier driver or rider merchants.
3. If a delivery is lost or damaged while in Merchant Couriers Possession (and you have not purchased insurance from our delivery booking formula), you may file a claim with Merchant Couriers for reimbursement. All claims must be initiated within 10 days of the mailing date by contacting us at Merchant Couriers where we will provide more details on how to file a claim. The original paid invoice of the delivery label and evidence (photograph or physical package) of the damaged goods will be required to file claim. If the recipient accepts the delivery without noting any damage on the delivery record, we reserve the right to assume the goods were delivered in good condition. We will require all contents of the delivery package, parcel or documents and their deemed value documented (receipts of purchase if they were purchased or market value of goods to match with our market valuation you chose in the process when booking delivery) in order to process claims.
