USER AGREEMENT DATED 02.05.2022
1. GENERAL PROVISIONS
1.1. This user agreement (hereinafter referred to as the "Agreement") is a document that is a public offer of Gulf Online Services FZE and contains the rules, conditions for the provision and use of services (services) of the www.logistics.Qoovee.com website (hereinafter referred to as the "Site") for the exchange information between Customers and Suppliers about the services available on the Site.
1.2. The terms contained in this Agreement govern the use by the User of the services, software and products of the Site (hereinafter referred to as the "Services"). This Agreement and other similar rules and Site Policies are hereinafter collectively referred to as the "Terms".
1.3. Each User is obliged to familiarize himself with the Terms of the Site before registering on it. Using the Site means the full and unconditional acceptance and compliance by the User of the Terms of the Agreement.
1.4. The Site Administration (Gulf Online Services FZE, legal address: UAE, Dubai, Dubai Silicon Oasis, Dubai Digital Technology Park, building A5, 3rd floor, office 3007) has the right to unilaterally change the Terms of this Agreement at any time. Such changes come into force from the moment the new version of the Agreement is published and posted on the website. In this regard, the User undertakes to regularly monitor changes in the agreement. If the User does not agree with the changes made, he is obliged to refuse access to the Site, stop using the services, materials and services of the Site, if this does not violate the rights of third parties.
1.5. The User must register on the Site in order to access and use the available Services. In the future, the Site Administration reserves the right, without prior notice, to restrict access or use of certain Services (or part of the Service) provided on the Site to Users of paid and free services if the user violates the terms of this agreement.
2. STATUS OF USER AGREEMENT
2.1. This Agreement was developed by the Site Administration, is a legally binding agreement between the User and the Site Administration, and defines the rules and conditions for the provision and use of the Site services, as well as the rights and obligations of the Users and the Site Administration.
3.1. The Site provides electronic Pages for the exchange of information between Buyers and Suppliers about the services available on the Site. The Site additionally provides electronic Pages for conducting transactions to Users for placing, agreeing, concluding, managing and fulfilling orders for the provision of services. The Site Administration does not control and is not responsible for the quality, delivery, safety, legality or availability of services offered for sale on the Site, except for the conditions specified in clause 6.10. present agreement.
3.2. It is forbidden to add information, the content of which is aimed at inciting ethnic hatred, gender, racial discrimination, promotion of gambling, pornographic materials. It is forbidden to commit other illegal actions for which the relevant liability is established.
3.3. The User has the right to issue the Service in the manner prescribed by Section 6 of this Agreement for any Service presented on the Site.
3.4. It is forbidden to place or provide services if they are subject to restrictions and prohibitions enshrined in the laws of the UAE or in other countries at the location of the Buyer and/or the Seller.
3.5. The Site Administration, at its sole discretion, reserves the right to impose additional restrictions and prohibits the placement, provision of transportation and logistics services that are not prohibited by the laws of the UAE and are not subject to restrictions, but which can cause negative consequences or be interpreted in a contradictory way, including:
transportation of alcoholic products
transportation of monuments of material culture, cultural relics, historical tombstones and similar items protected by the laws of the UAE.
it is forbidden to transport drugs, psychotropic drugs, steroids, medicines
It is prohibited to transport related drug-related goods, including all goods whose main purpose is the production, disguise or use of controlled substances.
it is prohibited to transport any weapons, equipment, military ammunition, weapons (including explosive weapons) and / or related spare parts and related products.
It is prohibited to transport tobacco products, including cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco, tobacco leaf, nicotine and liquids for use in electronic cigarettes (the list is not exhaustive).
unlicensed copies and unlicensed items, such as counterfeits of fashion, watches, bags, glasses and other accessories, are prohibited.
transportation of reconnaissance equipment is prohibited.
transportation of items of theft (items taken from individuals, as well as property taken without permission from legal entities and states) is prohibited.
transportation of any animals included in the international Red Book is prohibited
This list of restrictions and prohibitions established by the Site Administration is not exhaustive and may subsequently be replenished at any time.
3.6. All rights to the Site as a whole and to use the network address (domain name) https://logistics.Qoovee.com belong to the Site Administration. The latter provides access to the Site to all interested parties in accordance with this agreement.
4. USER REGISTRATION
4.1. Registration of the User on the Site is free, voluntary and is carried out at the site address: www.logistics.qoovee.com
4.2. When registering on the Site, the User is obliged to provide the Site Administration with the necessary reliable, up-to-date and complete information to form his profile and project as relevant and meeting all the necessary criteria. In this case, the User is solely responsible for the accuracy of the information.
4.3. Upon registration, the User agrees to this Agreement and assumes the rights and obligations specified therein related to the use and operation of the Site.
4.4. The Site Administration reserves the right to consider the issue of registering the User as a "Service Provider (transportation and logistics)" within 48 hours from the moment the User enters the information necessary for registration.
4.5. One User can register only one user account. The Site Administration has the right to cancel or delete the User's account if it has reason to believe that the User has two or more accounts registered or controlled simultaneously.
4.6. When registering a User, the Site Administration must assign an account and create an identification number and password (the password must be chosen by the registered User during registration) for each registered User.
4.7. Each User is solely responsible for the confidentiality and security of his identification number and password for all activities that occur under his account. The User may not share, transfer or allow the use of his identification number or password by any other person.
4.8. The User undertakes to immediately notify the Site Administration that, according to him, there is an unauthorized use of his password or account, or any other violation of the security of the account occurs.
4.9. By registering on the Site, the User agrees to send email newsletters and push notifications on the Site and in the Qoovee mobile application. If the user wants to unsubscribe from all mailing lists or change email, mobile phone to receive mailing lists, he must notify the Site Administration by mail [email protected]
5. RESPONSIBILITIES OF THE USER
5.1. The User agrees not to take actions that may be considered as violating the law or norms of private international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead, or may lead to a violation of the normal operation of the Site and Site services.
5.2. Comments and other entries of the User on the Site should not conflict with the requirements of the UAE legislation and generally accepted norms of morality and ethics, and they should not offend the employees, management and founders of the Site Administration
5.3. The user is warned that the Site Administration is not responsible for visiting and using external resources, links to which may be contained on the site.
5.4. The User agrees that the Site Administration is not liable to the User in connection with any possible or incurred losses or damages related to the content of the Site, goods or services available or received through external sites or resources.
6. PROCEDURE FOR IMPLEMENTING THE ORDER. PAYMENT FOR SERVICES
6.1. The User's order can be placed by the User independently by filling out the order form on the Site. When performing such actions, the User automatically acquires the status of "Buyer".
6.2. After placing the order, the Buyer receives a confirmation letter from the Site Administration indicating the assigned order number, the amount payable and information about the expected delivery time of the order.
The terms for receiving the freight to the Buyer depend on the Buyer's agreements with the Shipper and/or Cargo receiver, on the address and region of delivery, the chosen method of delivery, and do not directly depend on the Site Administration.
6.3. The Buyer pays the full cost of the service to the settlement account of the Site Administration specified in the notification and on the Order page on the Site. Methods of payment for services are indicated on the Site.
6.4. The order is accepted by the Site Administration for processing only after the full amount of the Buyer's funds is credited to the settlement account of the Site Administration.
6.5. The Site Administration, as the General Contractor for the provision of logistics services, sends a notification to the Subcontractor for the provision of services (forwarding agent, transport and logistics company) about the dispatch of the order. To obtain the volume of ordered transportation services, the Buyer provides the Site Administration and the representative of the Delivery Service (subcontractor) with the necessary information or documents. The term for submitting claims to the Site Administration regarding the quality, timing and volume of order fulfillment is 7 (seven) days from the date (inclusive) of the actual delivery to the Buyer of the entire volume of the order. Upon the expiration of the period for submitting claims, the funds are transferred to the account of the subcontractor of logistics services.
6.6. In the event of a delay in transportation due to the fault of the Subcontractor and if the Buyer discovers other inconsistencies in the order with its requirements specified in the order form, within the period specified in clause 6.5. of this Agreement, then in this case the Service Provider (subcontractor) is obliged to make every effort to eliminate these violations. If it is confirmed that these violations occurred through the fault of the subcontractor, the latter undertakes to eliminate the identified violations at its own expense. Otherwise, the Buyer has the right to demand a refund of the full or partial cost of services, and the Site Administration returns the money to the Buyer minus bank fees.
6.7. All information materials presented on the Site are for reference only and cannot fully convey reliable information about the properties and characteristics of services, including the exact final cost of services, exact delivery times, accurate calculations of volumes and other cargo parameters. If the User has any questions regarding the properties and characteristics of services, before placing an order, the User must contact the User represented in the status of "Service provider (forwarder / transport and logistics company)", from whom he plans to place an order.
6.8. The price of the service is indicated on the Website by the Cargo Transportation Service Provider. The final price of the Goods is negotiated between the Buyer and the Service Provider and must be displayed on the order form.
6.9. The price of the service on the Site can be changed by the Service Provider unilaterally (promotions, discounts, etc.). At the same time, the approved prices of the service in the order form are not subject to change if the provision of the service has already begun. If the Buyer decides to make changes to the terms of transportation, including changes in the volume of cargo, route, delivery address, method, etc., then the price of the service and other conditions of the gene. contractor and subcontractor can also be reviewed and changed.
6.10. The Site Administration confirms that it acts as a guarantor to the Buyer of the fulfillment by the Seller of its obligations to fulfill the order, namely: the quality of services and their compliance with the description in the order form, the timeliness of shipment, the protection of saving money until the transaction is completed on the Site. This guarantee applies if the transaction is executed with a Service Provider that is a member of the "Transaction Protection" system and payment is made through the bank account of Gulf Online Services FZE, which has all the necessary rights to the Website www.logistics.qoovee.com. If the Service Provider has not fulfilled its obligations in accordance with the terms of transportation agreed in the order form and the current User Agreement, the Site Administration shall return to the Buyer the amount of payment for the transaction minus bank costs
7.1. The final methods and cost of delivery of goods are independently negotiated and agreed between the Service Provider and the Buyer at the stage of placing an order.
7.2. The risk of accidental loss or accidental damage to the cargo passes to the Buyer from the moment the cargo is transferred from the Delivery Service under the terms of transportation between the Buyer and the Service Provider. In the event of non-delivery of the goods issued through the "Deal Guarantee" system to the Buyer, the Site Administration shall reimburse the cost of the paid amount of the order in accordance with the terms of payment and return. In all other cases, the Site Administration is not responsible for the delivery of the goods and the execution of the order.
7.3. The terms allotted by the Site Administration for the Buyer to receive the goods from the Delivery Service are limited and are indicated when placing an order, at the stage of choosing the appropriate method and delivery conditions.
7.4. After the Buyer confirms on the Website the receipt of the goods and the completion of the transaction, or After the expiration of the period for filing claims in accordance with clause 6.5. of this Agreement, the transaction is considered completed.
8. TERMS OF INTELLECTUAL RIGHTS
8.1. All objects posted on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects, and their collections (hereinafter referred to as the "Content"), are subject to the exclusive rights of third parties are posted for informational purposes only. The user must be aware that the exclusive rights to these objects are protected.
8.2. The site administration is not responsible for violation by the User of exclusive rights to intellectual property objects owned by third parties.
9. WARRANTIES AND REPRESENTATIONS. RESPONSIBILITY
9.1. The Service Provider is responsible for its own actions in placing, negotiating, concluding, managing and fulfilling orders for the provision of cargo transportation services in accordance with the current legislation of the UAE. Violation of this Agreement and the current legislation of the UAE entails civil, administrative and criminal liability.
9.2. The Site Administration provides a technical opportunity for the Service Provider to promote its services to an unlimited, interested circle of persons, does not control and is not responsible for the actions or inaction of any persons in relation to the use of the Site.
9.3. The Administration reserves the right at any time to change the design of the Site, its content, commission rates, service rates, change or supplement the scripts used, software and other objects used or stored on the Site, any server applications, as well as closing the site and suspending the site at any time with or without prior notice. At the same time, the Site Administration is making and will make all the necessary efforts for the smooth operation of the site.
9.4. The Site Administration is not engaged in preliminary moderation or censorship of User information and takes actions to protect the rights and interests of individuals and ensure compliance with the requirements of UAE law only after the person concerned applies to the Site Administration in the prescribed manner.
9.5. The User is responsible for the damage caused to the Site Administration as a result of illegal actions (inaction), in the double amount of the actually caused damage. The User agrees that the damages include court decisions related to the use of the Site by the User.
9.6. Any losses that the User may incur in the event of intentional or careless violation of any provision of this Agreement, as well as due to unauthorized access to communications of another User, are not reimbursed by the Site Administration.
9.7. Any data downloaded or otherwise obtained through third-party Sites is created at the discretion of each User, and each User is solely responsible for any damage to the computer system or loss of data on this Site that may result from the download of any such data.
10. FINAL PROVISIONS
10.1. All possible disputes arising from this Agreement or related to it shall be resolved in accordance with the current legislation of the UAE.
10.2. Recognition by the court of any provision of the Agreement as invalid or unenforceable does not entail the invalidity of other provisions of the Agreement.
10.3. Inaction on the part of the Site Administration in case of violation by any of the Users of the provisions of the Agreement does not deprive the Site Administration of the right to take later appropriate actions to protect their interests and protect copyrights to the materials of the Site protected in accordance with the law.
10.4. This User Agreement is a digital record, the material carrier is the form file of this Agreement.
The User confirms that he is familiar with all the clauses of this Agreement and unconditionally accepts them.