Legal · Professionals (Couriers)

Terms of Use

Version v0.1 — Working draft · Professionals (Couriers) · Selima Platform, Madagascar

1 Purpose and Scope

These Terms of Use govern access to and use of the Selima platform (the "Service"), operated by Befenix Soft Lab SARLU, a private limited liability company under Malagasy law with a share capital of 1,500,000 Ariary, whose registered office is at AV 2TER N BIS Antsahakely Ambohitrarahaba, Antananarivo, Madagascar, registered with the Antananarivo Trade and Companies Register (RCS) under No. 2026 B 01095 (NIF 5 019 910 593, STAT 62011-11-2026-0-11110), hereinafter "Selima" or "the Platform".

Selima is a digital platform connecting Senders ("Clients") with independent Couriers. The Platform provides the tools needed to post delivery requests, connect users, track missions, and manage payments securely.

Payments made by Clients pass through Selima before being paid out to Couriers, in accordance with the terms set out in these Terms of Use (see "Payment, Commission and Timeframes").

Couriers use the Platform as independent professionals and remain solely responsible for performing the delivery services they accept.

Except where otherwise provided by law, Selima is not a carrier and is not a party to the transport contract concluded between the Client and the Courier. Its role is that of a technical intermediary connecting users, tracking missions, and securing payments. Any use of the Service implies full and unreserved acceptance of these Terms of Use.

2 Definitions

  • User: any person holding an account (Sender or Courier).
  • Sender / Client: a User who posts a listing for a parcel to be delivered.
  • Courier / Professional: a User who offers and carries out the delivery.
  • Listing: a posting describing a parcel, its origin, destination, timeframe and budget.
  • Offer / Proposal: a Courier's commitment on a listing (price, timeframe, conditions).
  • Mission: the delivery resulting from an offer accepted by the Sender.
  • Supporting documents: documents required to verify a Courier.

3 Registration and Account

Common provisions

  • The User provides information that is accurate, complete and up to date, and keeps it that way.
  • The account is personal; the User is responsible for the confidentiality of their credentials.
  • Registration is reserved for persons having the legal capacity to enter into contracts.
  • An email address may be associated with only one account.

Prior verification of the Courier

  • The Courier must provide the mandatory supporting documents upon registration: identity document (CIN), identity photo, proof of address, and a signed letter of commitment.
  • The account is created pending verification and is not operational until the documents have been validated by Selima.
  • Essential obligation: no Courier may accept or begin a Mission before their file has been validated.
  • Providing false documents results in the immediate suspension or closure of the account.

4 Obligations of the Courier

The Courier undertakes to:

  1. Provide and maintain their supporting documents, and not begin any Mission before their file has been validated.
  2. Comply with the terms of the accepted offer: price, timeframe, pickup and delivery locations.
  3. Carry out the delivery with care and diligence, preserve the integrity of the parcel, and report any incident.
  4. Comply with applicable regulations (traffic, transport, customs obligations).
  5. Not open the parcel or misuse it, and respect the Sender's confidentiality.
  6. Not subcontract a Mission without the Sender's prior agreement.
  7. Adopt respectful conduct towards Senders and third parties.

5 Prohibited and Dangerous Goods

It is in particular prohibited to have the following transported via the Platform, this list not being exhaustive:

  • Weapons, ammunition, explosives;
  • Narcotics and illicit substances;
  • Protected animal or plant species and derived products;
  • Dangerous, flammable, toxic or corrosive products that are not authorized;
  • Counterfeit goods and items infringing third-party rights;
  • Cash, bearer instruments and similar documents;
  • Unauthorized perishable goods and products subject to specific regulations;
  • Any goods whose transport is prohibited or regulated by Malagasy law.

The Sender is solely responsible for the lawfulness of the parcel. The Courier may refuse a parcel whose nature appears unlawful or dangerous.

6 Refusal of a Parcel by the Courier

The Courier may refuse a parcel, in particular if:

  • it is poorly packaged;
  • it presents a danger;
  • its content does not match the Client's declaration;
  • it is manifestly prohibited (see "Prohibited and Dangerous Goods").

7 Posting, Offers and Formation of the Contract

  • The Sender posts a listing; verified Couriers may respond to it and submit an offer.
  • Acceptance of an offer by the Sender forms a delivery contract directly between the parties, on the terms of the offer.
  • Selima is not a party to this contract and assumes no obligation to perform the transport.
  • Selima reserves the right to moderate, hide or remove any listing that violates the Terms of Use or the law.

8 Proof of Parcel Handover

  • At pickup, the Sender confirms handover of the parcel to the Courier by electronic signature, OTP code, or validation in the application.
  • This confirmation constitutes proof of custody.
  • This proof may be used in the event of a dispute.

9 Payment, Commission and Timeframes

The payment process is as follows:

  1. The Client chooses a Courier.
  2. The Courier goes to the pickup point.
  3. The Client pays via Mobile Money (MVola, Orange Money or Airtel Money).
  4. As soon as payment is confirmed, the mission status automatically changes to "Parcel picked up" and tracking is activated.
  5. The funds are held temporarily by Selima.
  6. Once the delivery is complete, the Courier may request payout of their earnings.
  7. The Courier is paid by Mobile Money or bank transfer within an indicative period of 1 to 4 hours, except in the event of a security check or technical incident.
  8. The delivery fees (and, where applicable, pickup fees) are included in the payment made by the Client.
  • For each Mission carried out, Selima collects a commission of 5% of the amount of the service, or any other rate indicated on the Platform at the time of booking.
  • The remaining amount is paid out to the Courier after the Mission has been validated.

10 Delays and Force Majeure

  • The displayed timeframes are estimates.
  • Selima is not responsible for delays caused by traffic jams, adverse weather, accidents, demonstrations, breakdowns, or force majeure.

11 Uncollected Parcels

Specific rules apply when the parcel cannot be collected or delivered under the conditions set out when the order was placed.

1. Client Absent at Parcel Pickup

When the Courier arrives at the indicated address to collect the parcel and the Client is absent or unable to hand over the parcel, the Courier may wait up to 15 minutes from their arrival.

Beyond this period, if the Client remains unreachable or still cannot hand over the parcel, the Courier may end the pickup attempt and report the incident via Selima.

The Client may then request a new pickup attempt. This may result in additional fees corresponding to the Courier's travel, where such fees apply.

Where the Client's absence results from an error or incorrect information provided when placing the order, the additional fees may be borne entirely by the Client.

2. Recipient Not Found or Unavailable

When the Courier arrives at the delivery address and the recipient is absent, cannot be found or is unreachable, the Courier may wait up to 15 minutes from their arrival.

The Courier may also attempt to contact the recipient using the contact details provided with the order.

If the recipient still cannot be found or reached at the end of this period, the Courier may report the failed delivery on Selima.

Depending on the circumstances, Selima may offer:

  • a new delivery attempt;
  • a change of delivery address, where possible;
  • the return of the parcel to the Client or to an agreed return point.

Any new attempt or return may incur additional fees, where these relate to travel actually undertaken.

3. Courier Waiting Time

Waiting time starts from the Courier's arrival at the pickup or delivery location indicated in the order.

The Courier should, wherever possible, report their arrival via Selima or contact the Client or the recipient.

A waiting time of 15 minutes is included in the normal course of the order.

Beyond this period, where the wait results from an absence or delay attributable to the Client or the recipient, additional waiting fees may apply.

The amount of these fees, where applicable, is communicated to the Client before they are charged or, where this is not technically possible, shown in the order summary.

4. New Delivery or Pickup Attempt

Where a first attempt fails for a reason attributable to the Client or the recipient, a new attempt may be arranged subject to Courier availability.

This new attempt constitutes a new service and may give rise to additional fees.

The amount of the applicable fees is communicated to the Client before the new attempt is confirmed.

5. Parcel Return

Where delivery cannot be completed and the parcel must be returned, the Courier may return it to the Client or to the agreed return location.

Return fees may be charged to the Client where the failed delivery results in particular from:

  • the recipient's absence;
  • the inability to reach the recipient;
  • an incorrect or incomplete address provided by the Client;
  • the recipient's refusal to accept the parcel;
  • any other circumstance attributable to the Client or the recipient.

Where the failed delivery results from an error attributable to Selima or the Courier, no additional fees are charged to the Client.

6. Parcel Not Collected After a Return

Where the parcel has been returned to the Client or to a return point and is not collected within the period communicated by Selima, holding or storage fees may apply where this service is available.

Selima may contact the Client to inform them of the situation and of how to collect the parcel.

If the parcel remains uncollected for an extended period, Selima may take the measures provided for by applicable regulations and the specific terms of the service.

7. Refunds

The absence of the Client or the recipient, where it causes the service to fail, does not automatically entitle the Client to a full refund.

Where travel, waiting, new-attempt or return costs have actually been incurred, they may be deducted from any refundable amount.

Where the service could not be performed for a reason attributable to Selima or the Courier, the Client may receive a refund in accordance with the applicable refund conditions.

12 Rating and Review

At the end of each Mission:

  • the Client may rate the Courier;
  • the Courier may rate the Client;
  • Selima may suspend an account that has received a significant number of negative reviews or shows abusive behavior.

13 Liability

  • Selima provides an intermediation service and implements reasonable means to ensure its proper functioning, without guaranteeing uninterrupted availability.
  • Selima is not responsible for the performance of the Mission, the loss of or damage to the parcel, or failures by Users towards one another.
  • Each User is responsible for the information they provide and the consequences of their actions.
  • Disputes between Users: settled as a matter of priority between the parties; Selima may offer assistance/mediation without being obliged to do so.

14 Insurance and Courier Liability

  • The Courier is responsible for the parcel from the time it is picked up until it is handed over to the recipient.
  • Professional Couriers must hold insurance covering their activity where required by regulations or by Selima's requirements.
  • In the event of loss or damage attributable to the Courier, the Courier may be required to compensate the Client within the limits set out in these Terms of Use.

15 Personal Data

  • The processing of personal data (including Couriers' supporting documents) is described in the Privacy Policy view.
  • Documents are stored securely with restricted access. Documents from rejected or abandoned files are deleted after 15 days.
  • The User has rights of access, rectification and erasure, exercised at info@befenix-softlab.com.

16 Suspension and Termination

Selima may suspend or close an account, without notice in the event of a serious breach, in particular:

  • Provision of false or fraudulent documents;
  • Posting of unlawful parcels or prohibited goods;
  • A Mission begun without validation of the Courier's file;
  • Non-compliance with payment rules or timeframes;
  • Fraudulent, abusive or dangerous conduct.

The User may close their account at any time, subject to any ongoing Missions and payments.

17 Intellectual Property

The Platform, its trademarks, content and software are protected. No license is granted beyond the normal use of the Service.

18 Amendment of the Terms of Use

Selima may amend these Terms of Use. Users are informed of any changes; continued use of the Service constitutes acceptance of the version in force.

19 Governing Law and Disputes

These Terms of Use are governed by Malagasy law. Failing an amicable resolution, any dispute shall fall within the jurisdiction of the competent courts.

20 Contact

For any question regarding these Terms of Use: info@befenix-softlab.com — Befenix Soft Lab, AV 2TER N BIS Antsahakely Ambohitrarahaba, Antananarivo, Madagascar — Contact us.