Introduction

The following terms of service (the "TOS") are a legal agreement between you (“you,” “your”) and KIIMO DOOEL Skopje ("Kiimo", "us", “our” or "we") and govern your use of Kiimo’s services, including our website located at https://kiimo.me/ (our "Website") and/or our mobile app (collectively, the "Services"). By accessing and/or using any of the Services and/or Website you agree to these TOS, including terms that limit our liability and require individual resolvment of any potential legal dispute. You also agree to any additional terms applicable to specific to Services and/or features that are a part of, or may be from time to time, made a part of, our Services.

1. Privacy

You agree to Kiimo’s Privacy Policy, which explains how we collect, use, and protect the personal information you provide to us.

2. Kiimo account registration

You must open an account with us (a “Kiimo Account”) to use the Services. During registration we will ask you for information, including your name, email and other personal information. You must provide accurate and complete information in response to our questions and keep that information current. In order to create your Kiimo Account you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your Kiimo Account. In order to use the Platform you must be a person aged 18 or over. Registration on the platform by a person under 18 years is strictly prohibited. By accessing, using or registering the Service, you represent and warrant that you are aged 18 or over. We reserve the right to suspend or terminate the Kiimo Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements or acts in a fraudulent or illegal manner. You agree not to create or use, under your own identity or that of a third party, Kiimo Accounts other than that initially created. Kiimo may, for the purposes of transparency, improving trust, or prevention or detection of fraudulent or illegal activities, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.

3. Kiimo Services

Kiimo exclusively provides services of intermediation between couriers and customers regarding delvery of shipments. Kiimo does not offer delivery services and does not act as courier, shipment agency or post of any type. Kiimo is a platform acceable on a website at the address of XXX or via mobile application and may be used to request and shedule transportation, logistics of permmited items or goods. You acknoledge that Kiimo is not part or party of any agreement, contract or contractual relation between the Users or any other third party.

4. User's representations

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these TOS; (4) if a minor, you have received parental permission to use the Services; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you are using the Service on behalf of an entity, organization or company, you represent and warrant that you have authority to bind the organization to these TOS and you agree to be bound by these TOS on behalf of that organization. Kiimo does not warant for the correctnes or accuracy of information provided by the Users.

5. Limitation of liability

The customer is solely responsible for providing of accurate delivery address and other relevant information. Kiimo, as intermediary, is not and will not be liable or responsibility for (i) any incorrect addresses, (ii) for any erroneous information communicated by the Parties, (iii) cancellation or modification of a delivey, (iv) non payment by a User or other party. Furthermore, Kiimo is not and will not be liable for any (indirect or direct) damages including losts of profits, lost of data, personal injury or property damage that may occur in connection or otwewise resulting from the usage of the Service. Kiimo does not hold liability for any shipment, transportation of goods, courier or transaction or relationship between the Users. The use of the Services is at your own risk. Kiimo makes no warranty that (i) the Services will meet your requirements; (ii) your use of the services will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the Services will be accurate or reliable; and (iv) any defects or errors in the Services will be corrected. The disclaimer do not serve to limit liability that is mandatory and cannot be excluded under applicable law.

6. Indemnity

The User agree to indemnify and hold Kiimo and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Third Party Providers. You agree to indemnify Kiimo from any damage, material or immaterial, including harm to reputation occurred due to violation of these TOS or the applicable laws.

7. Third party content

Certain content, components or features of the Services, such as GPS services, may include materials from third parties and/or hyperlinks to other websites, resources or content. Because Kiimo may have no control over such third party sites and/or materials, Kiimo is not responsible for the availability of such sites or resources, and does warrant the accuracy of any such sites or resources.

8. Users' obligations

You undertake:
a) not to speak or behave in any way or post any content on the Site of a obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or to act in manner that would violate applicable laws or third parties rights;
b) not to send Kiimo or other Users or the any false, misleading, malicious or fraudulent information;
c) not to infringe the rights and image of Kiimo;
d) not to bypass the payment booking system;
e) to comply with the TOS and applicable law.

1.18.1 Couriers' obligations

The couriers shall have the following obligations:
- To provide timely pick-up and delivery of the shipments to the designated addresses
- To handle the shipments with due care and protect it from any damage or loss
- To respect all laws, regulations and codes applicable in regard to the transportation or logistics.
- To wait for the Customer at the agreed meeting place for at least XX minutes after the agreed time
- To ensure you can be contacted by your Customer by phone on the number registered on your profile

1.18.2 Customers' obligations

The customers shall have the following obligations:
- To provide accurate pick-up and delivery address
- To prepare and handover the shipments of Permitted Items to the courier in the form standard or appropriate for delivery of the specific items
- To receive shipments addressed to them and sign statement for handover of the shipment
- To respect all laws, regulations and codes applicable in regard to the transportation or logistics.
- To wait for the Courier at the agreed meeting place for at least XX minutes after the agreed time
- To ensure you can be contacted by your Courier by phone on the number registered on your profile
- Not to engage or support any illegal or fraudulent manner.

1.9. Unacceptable shipments

A Shipment will be deemed unacceptable and will not be accepted for delivery if:
- Is larger than --*--*-- cm or weighs more than X kg
- Is not a Permitted Item.

1.10. Fees

The shimpent fees are variable and depend on the route, the type and the size of the shipment. The fees are calculated by algorithm provided by Kiimo and cannot be changed by the Users. Information about the calculated fee for each delivery is available upon submitted delivery request.
As a customer, you agree to pay all charges and fees for the use of the Services, on the basis of the calculation provided by Kiimo. All fees are payable upon the completed delivery, by withdrawal of the sum from the customer’s account.
The payments to the couriers are made for 15-days periods, by transferring of the total delivery amount, deducted for the Kiimo provision at the amount of ___%, to the bank accounts of the couriers. Kiimo will not be responsible for any income tax payments related to the sums paid to the couriers.

11. Couriers' rating

Kiimo offers option for rating of the couriers. Each courier can be rated by the customer after the completion of the specific delivery. The data for the overal rating of each courier is accesible on the Kiimo app and website. Kiimo has no influence to the rating results of the couriers. However, You acknoledge and accept that Kiimo may not publish or delete any review, any question, any comment or any response, if it deems its content breaches these TOS.

12. User's data

We will maintain certain data that you transmit to the us for the purpose of managing the services, as well as data relating to your use of the services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

13. Intellectual property

Unless otherwise indicated, the app and the website are our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the app and the website and the trademarks and logos contained therein are owned by us. No part or content of the app, the website, the logos and trademarks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

14. Termination

You may terminate your account and/or stop using the Services at any time. To terminate your account see your account settings. Upon termination of your account you lose all access to the services, including, but not limited to, your Kiimo Account. In addition, Kiimo may delete all information and data stored in or as a part of your account(s) including, but not limited to, data files, email and preferences.

15. Revisions, disclosures and notices

We may amend the TOS or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services. The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of our Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the TOS or Policies in place when the Dispute arose.

16. Governing law and disputes

These TOS and any dispute that might arise therefrom will be governed by the laws of the Republic of North Macedonia. In case of potential dispute arising from the execution and the interpretation of these TOC, the parties hereto shall make efforts to resolve such dispute amicably, and in case of failure, the Primary Civil Court Skopje shall be competent to act.