Conditions of use

Resolvue, a SARL de droit béninois registered with the RCCM under number RB/COT/25 B 40320, with tax ID (IFU) no. 3202595779025, share capital of 296 800 FCFA, registered office at Ahouassa, 2ème arrondissement, Cotonou, Littoral, Bénin (the « Company » or « Resolvue »), publishes and operates the KolyMe digital platform (the « Platform »).

The Platform connects individuals wishing to send a parcel (« Senders ») with private Travellers-Carriers who agree to take charge of that parcel during a personal trip, outside any professional transport activity (« Travellers-Carriers »). Age and access conditions are set out in Article 4.

These Terms of Service (the « Terms ») govern access to and use of the Platform. Any use of the Platform implies unreserved acceptance of these Terms.

These Terms set out the conditions under which Resolvue makes the KolyMe Platform available to its users, as well as the respective rights and obligations of the Company and the users.

The Platform is an intermediation service. Resolvue is neither a Sender, nor a Traveller-Carrier, nor a professional carrier. The Company does not take custody of the parcel and performs no transport operation.

For the purposes of these Terms, the following terms have the meanings set out below:

• Platform: the https://kolyme.com website and the KolyMe mobile application, in their current and future versions.
• User: any person holding an account on the Platform.
• Sender: a user who posts a parcel-sending request.
• Traveller-Carrier or « Traveller »: a user who posts a Trip and agrees to carry a Parcel during a personal trip.
• Recipient: the person designated by the Sender to receive the Parcel on arrival.
• Trip: a personal journey offered by a Traveller-Carrier, identified by a point of departure, a point of arrival and a date.
• Listing: a Trip or sending request published on the Platform.
• Booking: the reservation of a Trip's capacity by a Sender for the carriage of a given Parcel.
• Parcel: the item handed over by the Sender to the Traveller-Carrier for carriage.
• Handover Code: a numeric code generated by the Platform confirming the handover of the Parcel from the Sender to the Traveller-Carrier.
• Delivery Code: a numeric code generated by the Platform confirming the delivery of the Parcel to the Recipient.
• Transaction: the payment made by the Sender as consideration for the carriage of the Parcel.
• Commission: the fee charged by the Company for its intermediation service.

3.1 Acceptance procedure

Acceptance of the Terms is evidenced by ticking a dedicated checkbox upon account creation. That box cannot be pre-ticked. Acceptance is express and prior to any use of the Platform.

3.2 Evidence of consent

The Company retains, for evidentiary purposes, the timestamp of acceptance, the version of the Terms accepted and the associated technical metadata (IP address, device). Users may request access to these elements at any time via contact@kolyme.com.

3.3 Refusal

Refusing the Terms prevents account creation and access to the Platform.

4.1 Capacity

Registration on the Platform is open to natural persons aged at least sixteen (16) years, with full legal capacity. Legal entities may not create an account.

4.2 Geographic restrictions

The Platform is accessible from any country where its distribution is lawful. Certain features, in particular transport corridors and payment methods, may vary based on the user's country of residence.

4.3 Technical compatibility

Access to the Platform requires a compatible internet connection and device. Resolvue does not guarantee compatibility with every device or browser.

Creating an account requires:

• A valid email address;
• A valid phone number;
• Express acceptance of these Terms and of the Privacy Policy.

Registration may also be performed via the third-party identity providers offered by the Platform (Google, Facebook, Apple, passkey). In that case, the provider transmits to the Platform the information strictly necessary to create the account.

Users guarantee the accuracy and the updated nature of the information provided. Providing inaccurate information may lead to suspension or termination of the account.

The Platform offers an identity verification procedure (KYC) intended to strengthen trust between users. This procedure involves the collection of an official identity document and a selfie, processed in accordance with the principles of data minimisation and retention described in the Privacy Policy.

Identity verification may be required to access certain features. The Platform reserves the right to extend this requirement to all features, in particular to the publication of Listings and to the booking of Bookings.

The verification levels, accepted documents and processing times are described in the Platform's online help.

Users are solely responsible for the confidentiality of their credentials. They undertake to:

• Choose a robust password and not share it;
• Where offered, enable strong authentication (passkey);
• Promptly notify the Company of any unauthorised use of their account or suspected compromise, at: .

Any action taken from a user's account is presumed to have been carried out by that user, subject to a prior notification under the above paragraph.

The KolyMe Platform allows Travellers-Carriers to publish Trips and Senders to publish or book the carriage of Parcels on those Trips.

The Platform facilitates:

• The publication and consultation of Trips and sending requests;
• The connection of Senders and Travellers-Carriers;
• The negotiation of carriage terms;
• The collection of the service price and the disbursement of the Traveller-Carrier's share;
• The confirmation of handover and delivery steps via codes generated and verified by the Platform.

The Platform is neither a carrier, nor a freight forwarder, nor an agent within the meaning of international transport conventions.

9.1 Publication conditions

Publishing a Trip as a Traveller-Carrier requires providing the following items:

• The departure and arrival cities or countries;
• The departure date, which must be at least 12 hours in the future;
• The available carrying capacity (weight or volume);
• The indicative price per unit of capacity.

9.2 Verifications

The Platform may verify the consistency of published Listings and may refuse or withdraw any Listing that is manifestly fraudulent, inconsistent or contrary to these Terms.

9.3 Validity period

A Listing remains published until the Trip's departure date, save for withdrawal by its author, expiry or removal by the Platform.

9.4 Prohibition of fraudulent listings

Publishing a Listing without a real intention to travel or to carry, or designed to circumvent these Terms, is prohibited.

The handover of the Parcel by the Sender to the Traveller-Carrier takes place in person, at the date and place agreed between the parties.

The handover is confirmed by entering, into the Platform, the Handover Code communicated by the Sender to the Traveller-Carrier at the time of physical handover. Entering the Handover Code constitutes acknowledgement of receipt of the Parcel and triggers the Traveller-Carrier's obligations of custody and carriage.

The Handover Code is valid for 1 day from the scheduled departure date of the Trip. After that period, the Booking may be deemed unfulfilled.

The Traveller-Carrier undertakes to carry the Parcel with ordinary care, to keep it in good condition throughout the Trip and to hand it over to the Recipient designated by the Sender.

The Traveller-Carrier remains at all times in control of the contents of their personal luggage. They may refuse, prior to entering the Handover Code, any Parcel whose nature, volume or stated description appears inconsistent with the information provided at the time of booking.

Once the Handover Code has been entered, the Traveller-Carrier may no longer refuse the Parcel, save for cases of force majeure provided for in Article 28.

12.1 Procedure

Delivery takes place in person, at the date and place agreed, by handing the Parcel to the designated Recipient.

Delivery is confirmed by entering, into the Platform, the Delivery Code communicated by the Recipient to the Traveller-Carrier. Entering the Delivery Code constitutes acknowledgement of receipt of the Parcel by the Recipient and triggers the finalisation of the Transaction.

The Delivery Code is valid for 7 days from the scheduled arrival date of the Trip.

12.2 Automatic finalisation

Where delivery has been confirmed without dispute, the Transaction is finalised automatically, on the technical conditions defined by the Platform, after 24 hours.

The Platform offers an internal messaging feature allowing Senders and Travellers-Carriers to exchange the information necessary to organise the carriage.

All messaging communications must remain strictly related to the service. The following are prohibited in particular: solicitation for commercial purposes unrelated to the service, circumvention of the Platform, harassment, insults, discriminatory remarks and illegal content.

Users may not contact a Traveller-Carrier through the messaging feature less than 6 hours before a Trip's departure, except for Bookings already concluded.

To handle a dispute, a report, a fraud suspicion or a support request, KolyMe's authorised staff may review the content of internal messaging exchanges, including after a booking is confirmed. Such reviews are restricted to authorised personnel, justified by a specific reason and recorded in an audit log.

Before a booking is confirmed, messages exchanged through the internal messaging are automatically analysed to detect the sharing of personal contact details (phone, email, social-media handles), in line with the prohibition on circumventing the Platform set out in the « Communication between users » section.

When such sharing is detected before confirmation, the contact details are automatically masked in the message delivered to the recipient; the sender continues to see their original text and is informed of the masking. Repeated attempts may result in the message being blocked and a warning being recorded. Likewise, concluding an in-person handover arrangement before a booking is confirmed is not allowed and may result in a warning being recorded; repeated warnings may lead to message sending being blocked. Proposing or requesting payment outside the Platform (cash, direct transfer or any other means) before a booking is confirmed is likewise prohibited and may result in a warning being recorded, with repeated warnings possibly leading to message sending being blocked.

After a booking is confirmed, you may freely exchange your contact details to arrange the handover of the Parcel. If you believe a message was masked or a send was blocked in error, you may report it for human review, which may lift the masking and cancel the warning.

The Traveller-Carrier acts as an individual, on an occasional basis and incidentally to a personal trip. They do not act as a professional carrier nor as a freight forwarder.

The Traveller-Carrier is independent of the Company. No employment, mandate or agency relationship arises from the use of the Platform.

The Traveller-Carrier is solely responsible for complying with the tax, social and customs obligations applicable in their country of residence to the income earned via the Platform.

The Sender undertakes in particular to:

• Describe the Parcel accurately and completely (nature, weight, dimensions, indicative value);
• Ensure that the contents of the Parcel are lawful at both origin and destination;
• Comply with the prohibited or restricted items lists set out in Article 18;
• Provide the Recipient with the information necessary for delivery (identity, phone number, Delivery Code);
• Pay the agreed price via the Platform.

The Traveller-Carrier undertakes in particular to:

• Publish Trips that correspond to a real journey;
• Verify, before entering the Handover Code, the consistency of the Parcel with its description;
• Refuse any Parcel whose contents are unlawful, suspicious or inconsistent with the description;
• Keep the Parcel in good condition throughout the carriage;
• Comply with the customs obligations of the country of departure and of arrival;
• Hand the Parcel over to the designated Recipient within the agreed time.

The Sender and the Traveller-Carrier undertake to:

• Communicate in good faith via the internal messaging;
• Comply with applicable laws and regulations, including transport, customs, data protection and anti-trafficking rules;
• Refrain from any conduct likely to harm the safety, integrity or reputation of other users or of the Platform.

The following items are strictly prohibited from carriage via the Platform, the list not being exhaustive:

• Weapons, ammunition and their accessories;
• Narcotics and psychotropic substances;
• Protected species of fauna and flora and their derivatives;
• Cash and bearer payment instruments;
• Goods stemming from illegal activities and counterfeit goods;
• Child sexual abuse material, terrorist content and content promoting violence;
• Dangerous goods (explosives, gases, flammable liquids, radioactive, corrosive, infectious materials, etc.);
• Human organs, fluids or tissues;
• Live animals.

Any breach engages the personal civil and criminal liability of its author. The Company may suspend or terminate the relevant account without notice and may cooperate with the competent authorities.

The Sender declares, when publishing the sending request, the indicative value of the Parcel. That declaration is used to inform the Traveller-Carrier and to handle incidents, if any.

The Platform does not, at this stage, offer any insurance product attached to the Parcel. It is for the Sender, should they wish to do so, to subscribe to insurance with an insurer of their choice to cover the value of the Parcel during transport.

The Traveller-Carrier is solely responsible for complying with the customs obligations applicable when crossing borders, whether declaration thresholds, duties, taxes or formalities.

The Sender warrants the accuracy of the information provided on the nature, origin and value of the Parcel. They undertake to provide all supporting documents reasonably requested by the Traveller-Carrier or by the customs authorities.

The Company does not participate in customs formalities and cannot be held liable for their performance.

21.1 Free pricing

The carriage price is freely negotiated between the Sender and the Traveller-Carrier. It is fixed when the Booking is concluded.

21.2 Commission

The Company charges a Commission on each finalised Transaction. The rate and basis of the Commission are stated on the Platform and may change. The Commission is collected when the Transaction is finalised.

21.3 Display of prices

All prices are displayed inclusive of taxes (where applicable). The currencies supported by the Platform are indicated at the time of payment.

22.1 Payment methods

Payment of the price is made exclusively via the Platform, using the offered payment methods:

• Bank cards: processed by Stripe Payments Europe Ltd via Stripe Connect on behalf of Resolvue, LLC.
• West African mobile wallets: processed by FedaPay, based in Cotonou (Benin).
• MTN Mobile Money: direct integration with the MTN Open API.

22.2 Funds lifecycle

Funds corresponding to the price of the service flow through the relevant payment provider's accounts. The Traveller-Carrier's share is credited to their KolyMe internal wallet upon finalisation of the Transaction, and remains available for later withdrawals.

22.3 Payment security

Resolvue never stores full card data (number, security code). These data are entered directly on the secure pages of the payment providers, which ensure PCI-DSS compliance.

23.1 Before handover of the Parcel

As long as the Handover Code has not been entered, the Booking may be cancelled in accordance with the features offered by the Platform. Where applicable, the corresponding amounts are credited to the user's KolyMe internal wallet. A direct refund to the original payment method is not offered at this stage.

23.2 After handover of the Parcel

Once the Handover Code has been entered, the Booking can no longer be cancelled by the parties. Any subsequent incident is governed by the liability rules in Chapter VII and the resolution paths in Chapter X.

Income earned by Travellers-Carriers via the Platform is subject to the tax and social rules applicable in their country of residence. Each user is solely responsible for declaring and paying any taxes and social contributions due.

Resolvue may, as a platform operator, be required to communicate to the competent administrations the information necessary to apply the applicable legal provisions, in compliance with the Privacy Policy.

The Company acts solely as a technical intermediary. As such, it is bound by an obligation of means relating to the proper operation of the Platform.

The Company cannot be held liable for:

• The conduct of users between themselves;
• The content of Listings, messages or Parcels;
• Damage to Parcels during transport;
• Non-performance or improper performance of the carriage by the Traveller-Carrier;
• Tax, social or customs consequences for users;
• Indirect losses, such as loss of opportunity, loss of revenue or reputational harm.

Each user is solely responsible for the actions taken from their account. They undertake to indemnify Resolvue for any consequences, including reasonable defence costs, resulting from a breach of these Terms, of applicable laws or of third-party rights.

The Sender is responsible for the content of the Parcel and for the information communicated to the Traveller-Carrier and to the authorities. The Traveller-Carrier is responsible for the custody of the Parcel during transport and for compliance with customs formalities.

Save for mandatory legal provisions to the contrary, the Company's aggregate liability towards a user, for all heads of damage combined, is limited to the amount of Commissions actually collected on that user's Transactions in the twelve (12) months preceding the event giving rise to the damage.

This limitation does not apply to bodily injury or to damage resulting from gross negligence or wilful misconduct.

Neither party may be held liable for a breach of its obligations whose non-performance results from a force majeure event, that is to say an event beyond its reasonable control, which it could not reasonably foresee at the time of contracting and whose effects cannot be avoided by appropriate measures.

The prevented party shall inform the other party as soon as possible. Performance of the affected obligations is suspended for the duration of the event. If the event extends beyond thirty (30) days, either party may terminate the agreement by written notice, without compensation.

29.1 Immediate suspension

The Company may suspend access to the Platform without notice in the event of:

• Serious suspicion of fraud, identity theft or account compromise;
• Serious breach of these Terms;
• Breach of applicable legal provisions, in particular regarding prohibited goods;
• Decision of a competent judicial or administrative authority.

29.2 Effects of suspension

During suspension, the user can no longer publish Listings, conclude Bookings or use the messaging. Ongoing Bookings may be maintained, suspended or cancelled depending on the circumstances.

30.1 Termination by the user

Users may request termination of their account at any time, free of charge and without justification, from the application settings or by contacting contact@kolyme.com. The deletion procedure follows the steps defined by the Platform, including a confirmation period and an anonymisation period. Operational details are described in the online help and in the Privacy Policy.

30.2 Termination by the Company

Resolvue may terminate an account, after prior notice:

• In the event of repeated breaches of these Terms not remedied after formal notice;
• In the event of extended account inactivity;
• For any other legitimate reason, subject to reasonable notice.

30.3 Consequences of termination

Termination results in the loss of access to the Platform. Finalised Transactions and their legal effects subsist. Balances available in the internal wallet may be withdrawn in accordance with the procedures offered by the Platform.

All elements making up the Platform (text, graphics, logos, videos, icons, sounds, software, databases) are the exclusive property of Resolvue or its partners. They are protected by the intellectual property laws in force.

Use of the Platform grants users a personal, non-exclusive, non-transferable and revocable right to access and use the features, strictly in accordance with these Terms.

32.1 Licence granted to Resolvue

Users retain their rights to the content they publish on the Platform. They grant Resolvue a non-exclusive, royalty-free, worldwide licence for the duration of the rights, strictly for the purpose of operating and promoting the Platform.

32.2 Warranties

Users warrant that they hold the rights necessary to the content published and that such content does not infringe third-party rights or applicable laws.

32.3 Moderation

Resolvue may remove any content that is manifestly unlawful or contrary to these Terms, without prejudice to remedies available to the third parties concerned.

In the event of difficulty between users or between a user and the Company, the parties shall endeavour to seek an amicable solution before any contentious proceeding.

Any complaint may be addressed to mediation@kolyme.com. The Company acknowledges receipt and handles complaints within reasonable time, having regard to their complexity.

Users residing in the European Union may also use the European Online Dispute Resolution platform (ODR), accessible at: https://ec.europa.eu/consumers/odr.

Failing amicable resolution, disputes fall under the jurisdiction of the courts of Cotonou, Republic of Benin, subject to:

• The mandatory consumer protection rules in force in the user's country of residence, where these are of public order;
• For users residing in the European Union: the jurisdictional rules provided by Regulation (EU) No. 1215/2012 « Brussels I bis », which in particular allow consumers to bring proceedings before the courts of their place of residence and protect them from being sued elsewhere than before those same courts.

These Terms are governed by Beninese law, without prejudice to mandatory protective provisions applicable in the user's country of residence. For consumers residing in the European Union, Article 6 of Regulation (EC) No. 593/2008 (Rome I) guarantees the benefit of the mandatory provisions of the law of their habitual residence.

The invalidity, unenforceability or inapplicability of one or more provisions of these Terms does not affect the validity of the remaining provisions, which remain in force. The parties undertake to replace the invalid provision with a valid one having an economic effect as close as possible to the original intent.

The fact that the Company does not invoke a breach by a user of any of the obligations under these Terms does not constitute a waiver of the right to invoke that breach later.

Resolvue reserves the right to amend these Terms at any time, in particular to reflect changes in the Platform, in the legal framework or in the providers used.

The new version is brought to the attention of users by email and through an information banner displayed in the application. If the user does not close their account within thirty (30) days from the notification, they are deemed to have accepted the new version. A user who refuses the changes may terminate their account in accordance with Article 30, which is the sole means of refusing the new Terms.

These Terms, together with the Privacy Policy, the Cookie Policy and the Legal Notices, constitute the entire agreement between Resolvue and the user with respect to their subject matter. They supersede any prior agreement or stipulation on the same subject.

Resolvue may freely assign or transfer these Terms to any affiliated entity or to any third party, in particular in the context of a reorganisation or business transfer, provided that an equivalent level of protection of users' rights is maintained.

Any notice to Resolvue shall be sent to contact@kolyme.com or by post to the registered office address. Any notice to a user is validly given at the email address associated with their account.

These Terms come into force on the date of their publication on the Platform.