1. Agreement
These Terms and Conditions (the "Terms") govern use of the web and mobile platforms operated by HAYAI S.A.S. ("HAYAI"), a company based in Bogotá D.C., Colombia. By registering an account or using the services, the user ("User") confirms that they have read, understood, and fully accepted these Terms.
2. Service description
HAYAI is a technology platform that connects Customers (people or businesses that need to send packages or run errands) with Couriers (independent partners who perform transport).
HAYAI is not a transport company. It is solely a technology facilitator. The legal transport relationship is between the Customer and the Courier who accepts the order.
3. Legal capacity
To use HAYAI, the User must be 18+ and have legal capacity to contract under Colombian law. At registration, the User declares that the information provided is true, complete, and up to date.
4. Account registration
The User is responsible for the confidentiality of their password and all activities under their account. HAYAI is not liable for loss from unauthorized use of the account if the User did not report it in a timely manner.
5. Customer obligations
- Provide accurate origin, destination, and contents information for the shipment.
- Do not send prohibited items: weapons, explosives, illicit drugs, pornography, cash, undeclared high-value jewelry, live animals without authorization, perishables without proper packaging, human organs, hazardous waste, flammable or toxic products, or any item whose circulation is restricted by law.
- Pay the full service amount when the order is confirmed.
- Be available at the pickup point when required.
- Treat the Courier with respect.
Breach of this section allows HAYAI to cancel the service without refund, block the account, and, where there is illegal conduct, report to the authorities.
6. Courier obligations
- Keep required documents current: ID, driver's license, SOAT, vehicle inspection, and vehicle registration where applicable.
- Comply with traffic and transport regulations.
- Pick up and deliver shipments within agreed timeframes.
- Protect the package and not tamper with its contents.
- Take photo evidence and obtain digital signature on delivery.
- Keep GPS active during the order for real-time tracking.
- Not request payments outside the platform.
- Maintain a roadworthy vehicle.
7. Fees and payments
Rates depend on distance, estimated time, service type, and market conditions (demand, weather). HAYAI retains an administrative commission on each service as consideration for use of the platform. The Courier receives the remainder.
Payments are processed through Wompi, a PCI-DSS certified gateway. HAYAI does not store full card data. Transactions are in Colombian pesos (COP) and include applicable taxes.
Settlements to Couriers are made weekly by transfer to the registered bank account, subject to administrative validation.
8. Cancellations and refunds
- Before a Courier is assigned: the Customer may cancel at no charge.
- After assignment and before pickup: a fee of up to 20% of the service value may apply for the Courier's travel.
- After pickup: cancellation is not available; if the Customer cancels, the full service is charged and return to origin may incur an additional charge.
9. Loss or damage
The Customer is responsible for adequate packaging. HAYAI's liability for loss or damage is capped at three (3) current monthly legal minimum wages (SMMLV) per shipment, unless a higher value was declared and the corresponding insurance was paid.
HAYAI is not liable for:
- Fragile products poorly packed.
- Prohibited items (see section 5).
- Undeclared value above the standard cover.
- Delays due to force majeure (natural disasters, blockades, protests, traffic accidents outside the Courier's control).
- Incorrect information provided by the Customer.
10. Intellectual property
Software, design, brand, logos, copy, and other HAYAI platform materials are the exclusive property of HAYAI S.A.S. and are protected by Colombian and international IP law. Reproduction, distribution, or modification without written permission is prohibited.
11. Acceptable use
Users may not:
- Use the platform for unlawful activity.
- Reverse engineer, decompile, or attempt to access source code.
- Interfere with operation via DDoS, bots, or mass scraping.
- Impersonate others or create fake accounts.
- Collect other Users' data without authorization.
12. Suspension and termination
HAYAI may suspend or close an account for breaches of these Terms, fraud, abusive behavior, persistently low ratings, or any conduct that endangers operations or community safety.
13. Limitation of liability
HAYAI is liable only within the limits of Colombian law. HAYAI is not liable for indirect damages, loss of profit, or consequential damage from use of the platform, except in the case of proven willful misconduct or gross negligence.
14. Changes
HAYAI may change these Terms at any time. Material changes will be notified with at least ten (10) days' notice. Continued use after the change constitutes acceptance.
15. Governing law and venue
These Terms are governed by the laws of the Republic of Colombia. Any dispute will be subject to the competent courts of Bogotá D.C., except where consumer protection law grants the User a different forum.
16. Consumer support
In accordance with Law 1480 of 2011 (Consumer Statute), Users may file petitions, complaints, and claims at:
- Email: soporte@hayai.com.co
- WhatsApp: as listed on the website.
- Response time: 15 business days.
17. Contact
Questions about these Terms: legal@hayai.com.co