Last updated: 16 July 2025
This Shipment Service Agreement (“Agreement”) is entered into directly between the Sender and the Transporter identified on the KymaFlow Platform (each a “Party” and together the “Parties”). It is formed automatically when a Sender accepts a Transporter's Bid through the KymaFlow Platform as contemplated by Section 1.2 of the KymaFlow Terms of Service.
This Agreement is executed electronically when the Sender ticks the acceptance checkbox presented on the KymaFlow Platform and proceeds to payment. No handwritten or wet-ink signature is required.
KymaFlow Limited (“KymaFlow”) is not a party to this Agreement. KymaFlow provides a technology-based marketplace connecting the Parties and is not a motor carrier, freight forwarder, logistics broker, or shipping company. This Agreement, the KymaFlow Terms of Service, and the KymaFlow Prohibited Items Policy govern transportation of the Shipment.
This Agreement is a legally binding contract for carriage formed solely between the Sender and the Transporter. The Transporter's Bid, including its final agreed Bid Amount, is an offer to transport the Shipment on those terms. Both Parties become bound when the Sender ticks the acceptance checkbox and proceeds to payment to accept that Bid.
The Transporter accepts this Agreement by ticking the acceptance checkbox when submitting its Bid. The Sender accepts it by ticking the acceptance checkbox and proceeding to payment when accepting that Bid. Once the Sender has accepted, this Agreement applies to the Shipment identified on the Platform.
This Agreement supplements and does not override the KymaFlow Terms of Service. If there is a conflict concerning KymaFlow's role, rights, or obligations, the KymaFlow Terms of Service prevail.
The Parties agree this Agreement may be validly entered into electronically. Submitting a Bid does not itself create a binding agreement. Where the Bid Amount is negotiated or changed, the Transporter must submit the revised amount on the Platform before the Sender can accept it. Only the Bid Amount recorded on the Platform at acceptance forms part of this Agreement.
The Sender's checkbox must be actively ticked and is never pre-selected. KymaFlow keeps a timestamped record of the accepted Bid, the acceptance, and the KymaFlow Account IDs of both Parties as evidence that this Agreement was entered into.
The Sender confirms that the Shipment description, dimensions, weight, fragility, and handling instructions provided on the Platform are accurate and complete. The Transporter's Bid and this Agreement rely on that description.
The Sender is solely responsible for ensuring the Shipment is properly and adequately packaged to withstand the ordinary rigours of transport. The Transporter is not responsible for damage caused by inadequate packaging.
The Sender warrants that the Shipment does not contain any item listed in the KymaFlow Prohibited Items Policy. The Transporter may refuse to transport, and may terminate this Agreement without liability, if it reasonably believes the Shipment contains a prohibited or misrepresented item.
The Sender must be present, or have an authorised representative present, at the agreed pickup and delivery locations and times recorded on the Platform. The Transporter must perform the transport in a timely, professional manner and handle the Shipment with reasonable care.
The Bid Amount, Sender Service Fee, and Transporter Service Fee are those set out on the KymaFlow Platform when the Bid is accepted, consistent with Section 4 of the KymaFlow Terms of Service.
All payments between the Parties must be made through the Platform's designated payment processor. Neither Party will request or accept payment outside the Platform. Payout to the Transporter is subject to the timing and conditions in Section 4.3 of the KymaFlow Terms of Service.
(a) Escrow Holding & Dispute Trigger.
Where a disputed delivery, non‑delivery, damaged consignment, or service failure is reported by either the Customer (Sender) or the Driver (Transporter), KymaFlow may hold all related transaction funds in platform escrow pending review and resolution.
(b) Assessment Authority & Standard.
The Parties acknowledge and agree that KymaFlow acts as the independent platform adjudicator for all delivery‑related disputes. KymaFlow will assess the matter acting reasonably, in good faith, and on the preponderance of available evidence, in accordance with the Platform's Dispute Resolution Policy.
(c) Permitted Outcomes.
Following its review, KymaFlow retains sole administrative discretion to determine the final allocation of escrowed funds. Outcomes may include:
(d) Determination Timeframe.
KymaFlow will evaluate all timely submitted evidence and issue a final administrative determination within fifteen (15) working days from the date the dispute is formally lodged, unless extended by written notice due to third‑party investigation delays.
(e) Binding Administrative Finality.
KymaFlow's determination regarding the distribution of funds held in platform escrow is final and binding for administrative purposes only, and does not prejudice either Party's statutory rights under applicable law.
Cancellation rights and fees are governed by Section 4.4 of the KymaFlow Terms of Service. The Parties agree those provisions apply directly to this Agreement.
As between the Sender and the Transporter, the Transporter is solely and primarily responsible for loss, damage, theft, or destruction of the Shipment from pickup until delivery. The Sender must first seek recovery directly from the Transporter and/or the Transporter's insurer before pursuing any other recourse.
Each Party acknowledges that peer-to-peer transportation carries inherent risks and, as between themselves, assumes risks ordinarily associated with its respective role, except where caused by the other Party's negligence, wilful misconduct, or breach of this Agreement.
If the Transporter has an active KymaFlow Protection Plan, reimbursement available to the Sender is limited strictly to that plan's separate terms, limits, and exclusions. It does not expand the Transporter's liability or create liability for KymaFlow.
Neither Party will bring a claim against KymaFlow arising from the condition, loss, delay, or damage of the Shipment, or a dispute between the Parties. Each Party's sole recourse is against the other Party under this Agreement, subject to the KymaFlow Terms of Service.
The Transporter represents and warrants that it holds a valid driver's licence, is legally authorised to operate the vehicle used for the Shipment, and will comply with all applicable laws.
The Transporter confirms its vehicle is in good operating condition and meets applicable industry safety standards.
The Transporter must, at its own expense, maintain valid automobile liability insurance meeting or exceeding its jurisdiction's minimum requirements, together with appropriate cargo insurance or equivalent coverage for the Shipment's value. The Sender may request evidence of coverage before pickup.
The Transporter performs the transport as an independent contractor to the Sender. Nothing in this Agreement creates an employment, agency, partnership, or joint-venture relationship between either Party and KymaFlow.
Neither Party has authority to make representations, incur obligations, or accept liability on KymaFlow's behalf.
Each Party agrees to indemnify and hold harmless the other Party from claims, liabilities, damages, and reasonable costs arising from that Party's breach of this Agreement, negligence, or wilful misconduct in connection with the Shipment.
Each Party agrees to indemnify and hold harmless KymaFlow and its affiliates, officers, directors, employees, and agents from claims arising out of or connected with this Agreement, the Shipment, or the relationship between the Parties, in accordance with Section 7 of the KymaFlow Terms of Service.
The Parties agree to first attempt to resolve a dispute, claim, or controversy relating to the Shipment directly with each other.
If a dispute cannot be resolved directly, either Party may refer it to KymaFlow's resolution centre. KymaFlow acts only as a neutral facilitator, does not adjudicate claims, and is not liable for the outcome.
A dispute between a Party and KymaFlow itself is governed exclusively by Section 6 of the KymaFlow Terms of Service, including its binding arbitration and class action waiver provisions.
This Agreement commences when the Bid is accepted and continues until the Shipment is delivered and payment obligations are satisfied, unless terminated earlier under its terms or the KymaFlow Terms of Service. Sections 4, 5, 7, and 8 survive termination or completion.
This Agreement is governed by the laws of New Zealand, without regard to conflict-of-law principles.
The KymaFlow Terms of Service and KymaFlow Prohibited Items Policy, each as amended from time to time, are incorporated into and form part of this Agreement.
This Agreement and the documents incorporated by reference constitute the entire agreement between the Parties regarding the Shipment and supersede prior discussions relating to it.
If a provision is held invalid or unenforceable, that provision is struck and the remaining provisions continue in full force and effect.
Except for KymaFlow, which may rely on and enforce Sections 1.2, 4.4, 6.2, 7.2, and 8 as a third-party beneficiary, this Agreement confers no rights on a person who is not a Party.
This Agreement does not require a handwritten signature. The Transporter's Bid at the Bid Amount current when accepted is an offer to transport on these terms. Both Parties become bound at the single moment the Sender ticks the acceptance checkbox and proceeds to payment for that Bid.
KymaFlow keeps a record of the accepted Bid and the Sender's electronic acceptance, including the date, time, and KymaFlow Account IDs of both Parties. Either Party may request a copy of that record from KymaFlow.
Questions about this document? Contact us or read the other KymaFlow policies.