TERMS AND CONDITIONS
These Terms and Conditions constitute a legally binding agreement that governs the access to and use of Delivoc Platform (below defined) and simultaneously governs all types of performances, activities, operations, services and/or transactions made through Delivoc Platform, facilitated thereby, or connected therewith in any form or manner.
1. Introduction
1.1 Delivoc is an innovative Customer to Customer (“C2C”) e-commerce solution that facilitates introduction and matchmaking between independent parties over a mail collection and delivery service from one place to another. Delivoc gives the opportunity to a party who wishes to send mail (“Sender”) to meet with a travelling passenger (“Traveler”) and handover to him a parcel for delivery to an identified receiver (“Receiver”) who shall be waiting at the destination of arrival.
The service is performed in return for a reasonable and competitive service fee payable through Delivoc Platform upon successful delivery.
The solution aims for offering various benefits to the parties involved such as practicality, speed, cost-saving, and easiness of use; subject to and depending on the proper performance of all parties’ obligations as described in these Terms & Conditions. Delivoc’s website and smart application are owned and managed by DELIVOC INTERNATIONAL DMCC, a technology company headquartered in Dubai – United Arab Emirates (hereinafter referred to as the "Company" or “Delivoc”).
2. Definitions
2.1 The following expressions are given the following meanings:
Account: |
means the user account opened when an individual registers to become a User of Delivoc Platform. |
Delivoc Platform: |
means Delivoc Smart Application available on Apple Store and Google Play as well as the official Delivoc website (www.delivoc.com), and any technology platform or solution associated with Delivoc. |
User: |
means any individual who registers in Delivoc Platform and/or uses the Service either as Sender and/or Traveler and/or Receiver. |
Sender: |
means a person that uses Delivoc Platform with the intention of engaging a Traveler to provide delivery service for its Parcel. |
Traveler: |
means a person that uses Delivoc Platform as an independent third-party contractor and is carrying out the delivery of the Parcel. Traveler is naturally a travelling passenger with confirmed travel arrangement (e.g. airline ticket) from one destination to another, who has the ability and willingness to take parcel delivery task alongside his travel route as a private service for a fee, whilst assuming sole responsibility for the safe and proper delivery of the Parcel to the authorized Receiver. |
Receiver: |
means a person nominated by Sender as nominee, authorized to receive the Parcel handed by the Sender to the Traveler for delivery at the destination airport (Arrival Point). Receiver has the option, but not the obligation to be a User of Delivoc Platform, and shall be verified for delivery through a code shared by the Sender, which the Receiver shall use as a signature (confirmation of delivery) on the Traveler’s device. |
OTP: |
means the One Time Pin to be sent by SMS by Delivoc Platform for verification purposes to any of the Shipping Parties, as the case may be. |
Parcel: |
means the private shipment (e.g. documents or such other small hand-carry personal items) which the Sender intends to deliver to the Receiver through the Traveler, and which must not contain any Prohibited Items whatsoever, directly or indirectly. |
Personal Identification Document: |
means the personal identification document that is issued by a competent government agency specialized in identity verification, and which bears photo, name and other information about the person identified thereby, as well as date of issuance and date of validity of such document. Examples of a Personal Identification Document could be: Passport or official Travel Document in lieu of passport, National Identity Card, Residency Card for foreigners, and the equivalents thereof. |
Service: |
means the private airport-to-airport mail delivery service that consists of receipt of Parcel by Traveler from the Sender at the Departure Point, and the delivery of the Parcel to the Receiver at the Destination Point. |
Shipment: |
means the specific performance of one single Service arrangement, which constitutes a three-party agreement made exclusively between Sender, Traveler, and Receiver with the assistance of Delivoc Platform. |
Shipment Status: |
means the condition at which any Shipment or potential Shipment happens to be at any point in time (e.g., Offer, Overdue, Removed, Cancelled, Pending, In-Transit, Completed, or other status options as shown on the Platform) |
Shipment Parties: |
mean the specific Sender, Traveler and Receiver engaged in a specific Shipment and who can share with Delivoc Platform their reviews, feedbacks, and comments about each other in relation to their Shipment. A Shipment Party may assume the role of Sender, Traveler and/or Receiver in a swapping manner from one Shipment to another depending on the nature of his role in such particular Shipment. |
Feedback Period: |
means the reasonable period assigned by Delivoc Platform for receiving any complaint, concern, observation, comment or other feedback about the Shipment itself or the Shipment Parties. Feedback Period starts with the start of the Shipment and will end after 10 days from the date the Parcel is delivered (or supposed to be delivered). Feedback Period can be extended at the sole discretion of Delivoc. |
Departure Point: |
means the airport or such other end point of exit or departure at which the Sender is supposed to meet and identify the Traveler for the purpose of handing over the Parcel to the Traveler, after mutual verification of identity, capacity, and authorization. |
Arrival Point: |
means the airport or such other first point of entry or arrival at which the Receiver is supposed to meet and identify the Traveler for the purpose of receiving the Parcel from the Traveler, after mutual verification of identity, capacity, and authorization. |
Electronic Payment Mechanism: |
means the online and mobile based payment mechanisms including third party payment gateways, credit card/debit card/net banking transfer and/or e-wallets and/ or credits that are available on Delivoc Platform for the purposes of facilitating the payment for the Service. |
Prohibited Items: |
mean: 1) any article, material, content or substance that possess a significant risk to safety, health or property when transported by the requested mode and those which are classified according to manuals or instructions issued by governmental and non-governmental entities such as ICAO, IATA, IMO, UN or otherwise categorized as regulated or controlled items in terms of shipping; 2) any document, material, article, content or substance that is classified as illegal, unlawful or restricted by governmental, regulatory or other classified bodies, and/or; any items considered prohibited by Delivoc as announced from to time. |
3. Account Login
3.1 For the purpose of accessing and using Delivoc Platform, User will be required to log in, create and maintain an Account by initially providing, and continually updating their personal information and contact details (e.g. full name/ mobile number/ email address/ location address) and to provide and/or upload other information and Personal Identification Documents as stipulated by Delivoc from time to time. The User agrees and authorizes Delivoc to use the Personal Identification Documents in all matters relating to the use of Delivoc Platform, the performance of the Service, and also for compliance and verification purposes. The User is responsible for maintaining the confidentiality of its account credentials and password, and for restricting access to the account from any unauthorized parties or devices. The User agrees to assume full responsibility for all transactions and activities that occur through his own account credentials. Delivoc shall not be responsible or liable, directly, or indirectly, in any way or manner for any loss or damage of any kind incurred as a result of, or in connection with, the User’s failure to comply with this requirement.
3.2 Users of Delivoc Platform expressly agree and authorize Delivoc Platform to send them OTP through SMS on their mobile numbers for verification of such contact information upon creating an account with Delivoc Platform, or for any other verification purposes and activities in connection with the use of Delivoc Platform.
3.3 These Terms and Conditions are effective and binding upon all Users. Any access to and/or use of Delivoc Platform is subject to these Terms and Conditions, as well as any modifications thereto as issued by Delivoc, and to all applicable laws and regulations. The User shall be considered to have reviewed and made himself fully aware of these Terms. Moreover, any access to and/or use of Delivoc Platform shall hereby constitute affirmative and irrevocable acceptance of the User to apply, honor, and abide by these Terms and Conditions
3.4 The User must be of full legal age (i.e., 18 years old) and with full legal capacity that enables him to transact and assume the obligations and responsibilities stipulated hereunder. Anyone who is minor /under the age of 18 and/or with defective legal capacity for any reason whatsoever shall not register as a User of Delivoc Platform and shall not transact on or use the Platform.
4. Use of Delivoc Platform
4.1 USERS HEREBY ACKNOWLEDGE THAT NEITHER DELIVOC NOR ITS, MANAGERS, SHAREHOLDERS, AFFILIATES -WHERE APPLICABLE- PROVIDE ANY DELIVERY OR TRANSPORTATION SERVICES, OR FUNCTION AS A TRANSPORTATION SERVICE PROVIDER, OR HAVE ANY LOGISTIC OPERATIONS WHATSOEVER. ALL DELIVERY SERVICES PERFORMED WITH THE ASSISTANCE OF DELIVOC PLATFORM ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE REGISTERED WITH DELIVOC PLATFORM BUT NEITHER EMPLOYED NOR ENDORSED BY DELIVOC.
4.2 The use of the Delivoc Platform either as a ‘Sender’ or ‘Traveler’ or ‘Receiver’ is entirely at the personal capacity, full knowledge, and willingness of such Shipment Party as well as his full awareness of all potential risks and eventualities that could be associated with such use. Each Shipment Party must exercise complete caution when dealing with the other Shipment Parties and/or participating in the Shipment in any capacity whatsoever.
4.3 User must not impersonate any other person or entity or to use a false name, or a name or capacity that they have no authority to use. Furthermore, User may not forge any documents or materials, or otherwise manipulate any information, facts, or circumstances.
4.4 Delivoc is not responsible for appraising or validating information provided by Users of Delivoc Platform. Users should exercise complete caution when viewing other Users’ information as made accessible in relation to any Shipment. Despite prohibitions, Users (and particularly Shipment Parties) might provide information or otherwise behave in a way that is unreliable, misleading, or illegal. Therefore, Delivoc can offer no guarantee that Users are who they say they are or that they will properly honor their respective obligations.
4.5 User must not publish any abusive, defamatory, derogatory, or disrespectful comments on any media or other platform about other User(s), Shipment Parties, or any other party related to Delivoc Platform.
4.6 No User or anyone shall attempt to gain unauthorized access to any portion or feature of Delivoc Platform, or any other systems or networks connected to Delivoc Platform or Delivoc servers, or to any of the services offered on or through the Delivoc Platform, by any way of hacking, password mining or any other illegitimate means. User may not probe, scan or test the vulnerability of the Delivoc Platform or any network connected thereto, nor breach the security or authentication measures on Delivoc Platform or any network connected to Delivoc Platform.
4.6 No User or anyone shall attempt to gain unauthorized access to any portion or feature of Delivoc Platform, or any other systems or networks connected to Delivoc Platform or Delivoc servers, or to any of the services offered on or through the Delivoc Platform, by any way of hacking, password mining or any other illegitimate means. User may not probe, scan or test the vulnerability of the Delivoc Platform or any network connected thereto, nor breach the security or authentication measures on Delivoc Platform or any network connected to Delivoc Platform.
4.7 User may not reverse look-up, trace or seek to trace any information on any other User of Delivoc Platform or exploit Delivoc Platform or any service or information made available or offered by or through Delivoc Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Delivoc Platform.
4.8 User must not use Delivoc Platform or contact details of other Users for posting junk e-mail or spam, publishing, misleading, defamatory, indecent, obscene, or advertising material, or send viruses and/or harmful links or materials. User must not upload, create, or send material to the Delivoc Platform or to other Users in which the copyright or intellectual property is or may be the property of another person or entity.
4.9 User agrees not to use any device, software, or other means to interfere or attempt to interfere with the proper working of Delivoc Platform or any Service being performed with the assistance of Delivoc Platform.
5. Compliance
5.1 Delivoc hereby affirms its commitment to operate in compliance with all applicable laws, rules, regulations, and other regulatory considerations governing its Services or related thereto. Delivoc does not tolerate or allow in any manner whatsoever any User or Shipment Party to use Delivoc Platform and/or Services for any illegal or illegitimate purposes, or to engage in any activity that might directly or indirectly be in violation of the rules and regulations of Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury, or any such other applicable economic and trade sanctions and controls.
5.2 User must not use Delivoc Platform or system for any illegal, unlawful, or prohibited purposes, such as –for example- sending, carrying, receiving, or facilitating any Shipment that might be considered or interpreted as illegal, unlawful or prohibited in any manner or description whatsoever, or soliciting the performance of any illegal activity or other activity which infringes the rights of Delivoc or others, or violates the law in any way or form whatsoever.
6. Sender Duties
6.1 Sender is solely responsible for all the contents of the Parcel as well as the overall legitimacy thereof across multiple jurisdictions from Departure Point to Arrival Point and must ensure that the Parcel shall never contain any Prohibited Items at the time, he delivers the same to the Traveler.
6.2 Sender may use Delivoc Platform to initiate an Offer of Shipment describing the route of the required delivery from Departure Point to Arrival Point as well as description of the Parcel’s content, size, weight, specifications and other descriptive information. In addition, Sender may have the option to upload photo of the Parcel for purposes of additional description and verification of the Parcel and the contents thereof. Once uploaded, Delivoc shall be authorized to share the Parcel’s photo with any potential Travelers who register their initial interest in performing the Service. As stated in these Terms & Conditions, the Traveler is allowed to revoke their interest in performing the Service before collection of the Parcel, which revocation might occur after the Traveler sees the photo of the Parcel. The Sender expressly understands and accepts the risk of disclosure of the Parcel’s photo to potential Traveler(s) who might eventually either perform or refrain from performing the Service after they had viewed the Parcel’s photo.
6.3 Any Traveler who is registered as User with Delivoc Platform and who has a relevant or matching travel itinerary, may accept the Offer, which effectively means accepting to act as private mail delivery provider for the Sender, at the Traveler’s own risk and responsibility.
6.4 The Sender must be at the Departure Point at the designated suitable time before the Traveler’s departure. QR code or OTP will be generated by Delivoc Platform and be used to match Sender with Traveler when they meet for pickup of Parcel.
6.5 In addition to the QR Code or OTP, the Sender may have the right to verify the identity of the Traveler and at the same time allow the Traveler to identify his identity through Personal Identification Documents of each party.
6.6 Sender shall allow the Traveler to see or inspect the contents of the Parcel to ensure that no Prohibited Items exit therein. Once such inspection is done, the Sender shall close and seal the envelope or packaging of the Parcel and hand it over to the Traveler. The handing over of the Parcel from the Sender to the Traveler should be recorded on Delivoc Platform by scanning of QR Code or entering the OTP and mutual confirmation of Sender and Traveler of such event. Delivoc Platform shall thereupon update the Shipment Status to show ‘In-Transit’.
6.7 Sender accepts that his engagement with the Traveler in relation to the Shipment is considered as an internal agreement between Sender and Traveler. Delivoc is not a party to the Shipment and is not responsible for the performance of any obligations agreed or impliedly agreed through actions or otherwise between Sender and Traveler.
7. Traveler Duties
7.1 Traveler represents and warrants that he is a responsible, prudent, and trustworthy individual who can perform the Service adequately and take full care of the Parcel from the minute he receives it from the Sender till the moment he hands it over safely to the Receiver.
7.2 Traveler agrees to show the Sender his original passport for personal identification and proof of confirmed travel arrangement to the Arrival Point (e.g., airline ticket and boarding pass) for validation purposes.
7.3 As stated earlier, Traveler shall have the right to ask the Sender to open and inspect the contents of the Parcel to ensure that the Parcel does not contain any Prohibited Items. Such inspection must only happen in presence of the Sender and with the Sender’s permission. The inspection is mandatory and essentially required as the Traveler is considered jointly liable with the Sender for ensuring overall legitimacy of the Parcel and the contents thereof across multiple jurisdictions from Departure Point to Arrival Point. Once the inspection is done, the Parcel should be sealed and be kept closed with the Traveler until safe delivery of the Parcel to the Receiver unless the same is opened by the competent authorities. In such case, the Traveler must immediately report such incident to Delivoc Platform.
7.4 In addition to the matters addressed in Clause 6.2 hereinabove; the Sender and the Traveler may also have the option to take and upload photos of the Parcel in Delivoc Platform for Shipment Parties to have access to see the photo of the Parcel and share any additional descriptions, notes or comments they might have in connection with the Parcel at any stage of the Service.
7.5 Traveler must exert his utmost duty of care in ensuring the safety, cleanness and wellbeing of the Parcel and protect it from any danger, hazard, theft, loss, damage, fire, liquid spill, or any other harmful factors whatsoever.
7.6 Once handed over, Traveler has no right to open the sealed Parcel during his journey or tamper with its contents and must hand over the Parcel to the Receiver sealed and intact as originally received. Traveler takes full responsibility for all his actions, omissions, and overall behavior in connection with the performance of the Service.
7.7 All information provided by Traveler on Delivoc Platform must be accurate and kept up to date. This includes a correct name, address, mobile phone number, passport copy and other details as Delivoc Platform may require from time to time. Details entered / uploaded by the Traveler on Delivoc Platform will be visible only to and between the Shipment Parties. Visibility will end automatically after the successful delivery and fulfilment of the Shipment and after the completion of the Feedback Period.
7.8 The Traveler undertakes that he shall never request or accept any direct or indirect payment from the Sender or the Receiver or any other party, except for the Service Fee payable officially through Delivoc Platform. Shipment Parties hereby understand that all kinds of tips, courtesy payments, or circumventive payments are strictly prohibited, and Delivoc is not liable for any financial loss that may occur as a result.
7.9 Traveler agrees to revise, amend, and rectify any non-satisfactory Service that he provides at his own cost and shall not hold Delivoc responsible in any manner whatsoever.
8. Receiver Duties
8.1 Receiver is responsible for being present in person, on time, at the agreed pick up area of the Arrival Point in order to collect the Parcel from the Traveler upon his arrival.
8.2 For validation purposes, the Receiver shall be given by Sender a unique, system-generated numeric or QR Code or OTP which enables him to be identified by the Traveler as the legitimate receiver of the Shipment. After the Receiver’s Code is entered into the device of the Traveler, the Shipment Status will be updated to show as ‘Completed’.
8.3 As and when required, and in addition to the Numeric OTP or QR Code verification, the Receiver shall cooperate and show the Traveler his personal identification document for further assurance and validation, as and when reasonably required.
8.4 Receiver must inspect the Parcel at the same moment of receipt and share any comments or feedback immediately upon receipt. For any concerns of a latent nature, if any, the respective Shipment Party may exceptionally raise the same within the Feedback Period.
8.5 Traveler, Sender and Receiver may contact one another only and exclusively through Delivoc Platform. Any circumventive, unauthorized and/or any other means of communication in relation to the Services outside the ambit of Delivoc Platform are strictly prohibited. This all to ensure that all Shipment movements, Shipment status, and other Service activities are all recorded on Delivoc Platform for the safety of all parties.
8.6 The Traveler, Sender and Receiver acknowledge that the nature of Service of Delivoc Platform is an airport-to-airport delivery and therefore it is NOT a door-to-door delivery in any manner whatsoever. In the event where any of the Shipment Parties agree internally between them to extend the Service into any unauthorized or unknown points of collection or delivery of the Shipment which are beyond the airport-to-airport range, such internal arrangement shall be considered as unauthorized by Delivoc, thus for which Delivoc shall not be responsible in any manner or reason whatsoever.
9. Role of Delivoc
9.1 The Users agree that Delivoc is acting only as a facilitator between the parties with respect to any specific Shipment. Delivoc merely makes the Platform available to enable Senders and Travelers to be introduced to each other independently by themselves. In no event shall Delivoc be responsible for any actions taken by either the Sender, Traveler or Receiver. Delivoc hereby disclaims any liability for any breach of these Terms & Conditions by either the Sender, Traveler or Receiver, or for any other actions, omissions, or causes whatsoever.
9.2 Delivoc is not liable to User for Services performed and/or delivered to it by the Traveler. User agrees and acknowledges that Delivoc shall not be liable, under any circumstances, to any other party, including User, for direct, indirect, incidental, consequential, special, or exemplary damages arising from or concerning any Service, whether or not User has been advised of the possibility of such damages.
9.3 Delivoc will endeavor to keep its Platform is available 24 hours a day, however it will not be liable if, for any reason, the Platform is unavailable at any time or for any period due to any technical issues or otherwise. Access to the Platform may be suspended temporarily and without notice in circumstances of system failure, maintenance, or repair or for reasons beyond the control of Delivoc. Delivoc Platform may contain links to other websites outside of its control. Delivoc is not responsible for the content of these sites. Delivoc gives no guarantee that these links will work all of the time and it exercises no control over the availability of the linked sites. Likewise, references and links to any such websites must not be taken as an endorsement by Delivoc of opinions expressed on those sites or services provided by those sites. We take no responsibility for the privacy policies of any linked websites.
9.4 Delivoc may make commercially reasonable updates to the Platform from time to time. If Delivoc makes a material change to the Platform, Delivoc will inform Users, if Users have subscribed with Delivoc to be informed about such change.
9.5 Delivoc may discontinue the provision of the Platform or any portion or feature for any reason at any time without liability to the Users. Users agree and acknowledge that Delivoc, at all times during such continuance, shall have the right to remove/ block/ delete any information or content uploaded on the Platform by the Users without any prior notice
9.6 At any time if Delivoc believes that the Users’ use of the Platform or the services offered by Users are in contravention of these Terms & Conditions, Delivoc shall have the right either at its sole discretion to remove/ block/ close the Account of such Users and furnish such details about Users upon a request received from the legal/ statutory authorities or under a court order.
10. Deliveries and Undeliverables
10.1 As an essential condition for successful delivery, all Shipment Parties must perform and fulfil their duties and obligations, respectively, in good faith and in accordance with these Terms & Conditions. Any non-performance, failure, deviation, delay or breach of such duties and obligations by any one or more of the Shipment Parties may adversely affect the desired delivery objective.
10.2 Shipments must be collected by the Receiver from the Traveler at the Arrival Point, and cannot be delivered to PO boxes, postal codes, or physical addresses other than the Arrival Point.
10.3 Delivoc Platform may offer automatic progressive updates of the Shipment Status as and when a change in the status occurs. Delivoc may notify Shipment Parties of any delayed or missed delivery for any reason.
10.4 If the Shipment is deemed to be undeliverable for any reason attributed to the Traveler’s misconduct, negligence, or any other form of breach of his duties, the Sender and/or Receiver shall have the freedom to take legal action against the Traveler as per the applicable laws.
10.5 If the Shipment is deemed to be undeliverable for any reason attributed to the Receiver’s no-show at Arrival Point or any other form of breach of his duties, the Traveler shall inform Delivoc immediately, and seek instructions. In this case, and to the extent practicable, Receiver might be offered alternative collection/ delivery options such as collection from Traveler’s location on the same or next day of arrival or using local courier services (charges on Receiver), subject to Delivoc’s approval and full knowledge. In this case, any cost associated with such alternative collection/ delivery options, shall be borne solely by the Receiver. As a last resort, if the alternative collection/ delivery options fail or prove unpractical, the Traveler may then handover the Parcel to the local Authorities same as any ‘lost and found’ item.
10.6 If the Shipment’s delivery fails for reasons attributed to the Competent Authorities, events of force majeure, or such other severe unforeseeable factors beyond any of the Shipment Parties’ reasonable control, and where there is no element of negligence, misconduct, mistake or breach by either Shipment Party, the Shipment shall be deemed as undeliverable due to force majeure. The Sender must always be aware that any means of transportation and delivery would have their own risk and eventualities, and therefore Sender has the full freedom to obtain insurance coverage against such risks as his own discretion, arrangement and sole expense.
11. Service Fees
11.1 Sender pays Delivoc a fee for the Service facilitated through Delivoc Platform. The would have two main elements; the first element is the fee payable to the Traveler selected and engaged by the Sender in return for the successful the delivery of the Service, and the second is a marginal commission payment to Delivoc for the processing and administration related to the Service facilitated through the Platform.
11.2 Users understand that Delivoc may be required by applicable law to collect taxes or levies including, without limitation, Value Added Tax (VAT). In such instances, any amounts Delivoc is required to collect shall be subject to all such applicable taxes and levies.
11.3 All services fees and charges applied by Delivoc Platform are in US Dollars, and the value of which will be determined on Shipment-by-Shipment basis. Sender shall make payment for the Service by credit card in advance before the start of any effort or action of the Service. Visa or MasterCard debit and credit cards in USD will be accepted for payment. Cardholder who makes the payment of service fees must retain a copy of transaction records and Delivoc’s Terms & Conditions.
11.4 Delivoc shall have the right at its absolute discretion to determine the fees and charges to be paid by the Sender in return for availing the Service in respect of any particular Shipment. Fees and charges may vary from one Shipment to another depending on the route, date and time, description and content of the Parcel, and various other factors. Moreover, Delivoc shall have the right to determine the portion of Service Fee that will be ultimately paid to the Traveler in return for successful delivery and completion of the Shipment.
11.5 After the payment of Service Fee is successfully made, Delivoc will send confirmation notice to the payer via email within 24 hours of receipt of payment.
11.6 Delivoc acts as an online escrow agent by way of collecting the Service fees, holding the same pending the successful delivery of the Service, then either release the applicable fee to the Traveler in return for Service completion, or hold the amount in anticipation for future Service, or refund the amount to Sender in case of failed delivery, as Delivoc may deem appropriate.
11.7 Traveler will be entitled to receive his due payment for the Service within (30) days from the date the Service is proven to have been successfully delivered, and provided that no concern, compliant, negative feedback, or other issue was raised by either Sender or Receiver during the Feedback Period. For the avoidance of doubt, in the event of any unsuccessful, incomplete, unreasonably delayed, or defective Service in any way or form, or in case of genuine feedback received against the Traveler, the Traveler will not be entitled to any payment. The foregoing is without prejudice to Delivoc or other Shipment Parties’ rights and indemnities against the Traveler for any breach of these Terms & Conditions, or any direct or indirect losses caused by or attributable to the Traveler’s actions or omissions.
11.8 Any and all bank charges for remittances made by Delivoc to any of the Shipment Parties shall be charged to the payee and/or be directly deducted from the remittance amount.
11.9 Delivoc shall collect and process transaction data relating to each Shipment processed through Delivoc Platform, including card and other payment data. The User shall be aware that all online payment transactions are subject to validation checks by the credit card issuer, payment gateway provider, and/or any competent authority. Delivoc shall not be responsible if the User’s card transaction is declined for any reason. All the online charging fees or processing fee shall be added and be borne by the User/ Sender who made the payment.
11.10 All electronic payment transactions are automatically and independently subject to the terms and conditions applied by the payment gateway provider and/or by the issuers of the debit/ credit card and/or other parties engaged in the electronic payment arrangements. Delivoc shall in no event be considered as representative of any of the aforesaid parties, nor related to any terms and conditions such parties may choose to apply to their services or any other matters in which Delivoc has no business.
12. Cancellation & Refund Policy
Sender shall have the freedom cancel his order of Delivoc Service at any time prior to the acceptance of Traveler to provide the Service. In such case, any payment made by the Sender on account of the Service Fee will be refunded back in full
12.1 Moreover, Service cancellation can still be allowed after the acceptance of Traveler but prior to the delivery of the Parcel to the Traveler, provided that such cancelation should happen no later than [___] hours before the date/ time on which the handover of Parcel was supposed to happen. Any late cancellation beyond such timeline will be subject to deduction of [___%] of the Service Fee as administrative charges whereas the balance will be refunded back to the Sender.
12.2 In the event of Sender’s no-show at the time on which the handover of Parcel is supposed to happen between Sender and Traveler, the entire Service Fee will be forfeited
12.3 Sender is entitled to full refund of the Service Fee paid thereby in any events where Delivoc determines that the Service is not delivered due to the default, breach or misconduct of the Traveler or for any external reason that is not attributable to the Sender and/or the Receiver directly or indirectly. In the event Delivoc finds –at its absolute discretion- that Sender and/or Receiver might have contributed to the non-delivery of the Service in any manner, Delivoc shall have the right to deduct from the Service Fee any such amount Delivoc deems appropriate to remedy such contribution.
12.4 Refunds will be done only through the Original Mode of Payment i.e. refund of card payments will be directed to the same credit / debit card through which the Service Fee payment was originally made. If the Service Fee was paid through a bank transfer, the refund will also be made through bank transfer to the same bank account from which the payment came. Any bank charges associated with refunds shall be borne in full by the beneficiary/ transferee. Refunds should normally be processed within 45 days from the date on which Delivoc determines that the refund is rightfully due.
13. Content
13.1 All texts, concepts, ideas, designs, interfaces, photos, data, graphics, trademarks, logos, sounds, music, artwork and/or computer codes (collectively "Content"), including but not limited to the structure, idea, impressions, ‘look and feel’ of the overall image of Delivoc Platform are all exclusive proprietary rights of Delivoc that are legally protected and reserved.
13.2 From time to time, parts of Content might contain errors, omissions, or typographical errors or might be out of date. Delivoc may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Delivoc in any way except to the extent it is specifically indicated to be so.
13.3 Except as provided in the foregoing, Delivoc does not grant to the User or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through Delivoc Platform, including without limitation by transferring, downloading or otherwise copying any Content for any purpose or intention whatsoever. Any use of the Content, except as specifically permitted by Delivoc, is strictly prohibited.
13.4 User agrees that he will not impose an unreasonable or disproportionately large load on the infrastructure of Delivoc Platform or Delivoc’s systems or networks, or any systems or networks connected to Delivoc Platform.
14. Data Protection & Privacy
14.1 Delivoc considers User data protection as high priority and embraces suitable data collection, storage and handling processes and security methods to guard against unsanctioned admission, modification, release, or damage of the data stored on Delivoc Platform. Delivoc will take precautions it considers appropriate to keep the details of Users secure but will not be liable for unauthorized access to the information in case of cyberattack or other form of technical vulnerability.
14.2 Users agree that Delivoc Platform may need to collect, and/or process personal data (including Personal Identification Documents) to be able to allow User access and/or usage of the Platform. Moreover, Delivoc Platform may require the User to upload copies of his/her Personal Identification Documents as reasonably needed or favorable to ensure the security and compliance of the Service throughout. Any personal data collected will be kept for as long as the mandatory record retention period specified by law. Delivoc Platform is committed to respect privacy by ensuring lawful processing of personal data in compliance with the applicable Data Protection Regulations governing the processing of personal data.
14.3 Delivoc reserves the right to disclose any information or data it has about any official User or Shipment if Delivoc determines that such disclosure is necessary in connection with any investigation or complaint regarding the Service, Shipment, or use of the Delivoc Platform, or to identify, contact or bring legal action against someone who may be violating these Terms & Conditions and/or causing any interference with (either intentionally or unintentionally) Delivoc’s rights or property, or the rights or property of other Users.
14.4 Delivoc reserves the right, at all times, to disclose any information that Delivoc deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Delivoc also may disclose information when Delivoc determines that applicable law requires or permits such disclosure, including exchanging information with other entities and organizations for fair purposes such as validation, audit, verification and/or fraud protection.
14.5 Delivoc affirms that all credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties, noting that such details and information shall only be collected and processed by the Payment Gateway Provider. Delivoc will not collect, share or pass any debit/credit card details to third parties.
14.6 Delivoc takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, Delivoc cannot guarantee the security of any information that is disclosed online.
14.7 Delivoc Platform is not responsible for the privacy policies of websites to which it links. If any User provides any information to such third parties different rules regarding the collection and use of his personal information may apply. User should contact these entities directly if he has any questions about their use of the information that they collect.
14.8 Users shall have the right to cancel their account with Delivoc Platform at any time, and thereby affect the deletion of their Personal Data and Personal Identification Documents from the records and systems of Delivoc Platform. If account cancellation is requested at a time wherein an active Shipment exists and the User is a Shipment Party, the account cancellation shall be deferred until the full completion and settlement of the said Shipment. Account cancelation can be initiated by the User by sending email to [email protected] from the registered email address of the User stating a clear, expressive, unconditional, and final request for the deletion of their account and the deletion of all personal data and Personal Identification Documents associated with their account.
15. Indemnity
15.1 It is expressly agreed by Users that Delivoc shall under no circumstances be liable or responsible for any loss, injury or damage to Users or any other party whomsoever, arising on account of any Shipment or transaction undertaken through the Platform, or as a result of the Users providing Services being in any way defective, or infringing/ violating any laws/ regulations/ rights of any party. User agrees and acknowledges that he shall be solely liable for any claims, damages, allegation arising out of Services offered and/or performed and/or requested and/or received through the Platform (including but not limited to quality, delay of delivery or absence of delivery or any other related claim) and shall hold Delivoc harmless and indemnified against all such claims and damages. Further Delivoc shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by Users.
15.2 User agrees to indemnify and hold Delivoc, its affiliates and their 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: (a) the User’s use of the Delivoc Platform and the Services initiated, requested and/or obtained through the User’s use of the Delivoc Platform; (b) the User’s breach or violation of these Terms & Conditions or (c) the other User’s violation of the rights of any third party, including Shipment Parties.
15.3 Delivoc will not be liable to the User for any indirect or consequential losses (including loss of profit, opportunity, and goodwill) in any way or form or for any reason whatsoever.
16. Force Majeure
Delivoc shall not be liable for any non-performance or delay in performance caused by any force majeure event of whatsoever nature, or any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, war, strikes, lock-outs, fire, flood, natural disasters, pandemics or epidemics or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
17. Change in Terms
Delivoc has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to introduce new terms and conditions with respect to access to, or use of, Delivoc Platform. In particular, Delivoc’s Policies and Terms & Conditions may be changed or updated to meet any new requirements and standards. Any change in Delivoc’s Policies and Terms & Conditions shall be effective immediately once published on Delivoc Platform. The User is responsible for reviewing the Terms & Conditions on Delivoc Platform regularly and be aware of any published updates. The User undertakes to be bound by any modification to the Terms & Conditions. Any access or use of Delivoc Platform by the User terms shall automatically constitute consent of User to such revisions or additions. No modification to these Terms shall be done by any party except for Delivoc.
18. Governing Law; Dispute Resolution
18.1 All matters relating to the access to or use of the Delivoc Platform, including all disputes, will be governed by the laws of the United Arab Emirates and by the local laws applicable in the Emirate of Dubai, without regard to its conflicts of law provisions.
18.2 Any dispute, claim or controversy arising out of or relating to these Terms & Conditions and/or relating to the Services and to access to or use of the Delivoc Platform, shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Dubai, United Arab Emirates. The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, memoranda, evidence and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.