Last updated 27.03.2023
These Terms of Service govern the products and services ("Services") provided to you by Quiqup Delivery LLC and affiliates (collectively, "Quiqup", "us", "we" or “Carrier”).
Quiqup Delivery LLC is an entity incorporated in the Emirate of Dubai, United Arab Emirates, bearing a trade licence No. 787708 and having its registered at 38 - 14B, Warehouse 1, Al Marabea St, Al Quoz, Dubai, United Arab Emirates (“Quiqup” or “Supplier” or “Discloser”).
In accordance with the Quiqup Services and Fees Schedule, the term "Customer" shall refer to you.
By signing up for our Services, or by accessing or using the Services, you agree that you have read, understand, and accept the terms and conditions described below (the "Terms of Service") and you agree to be bound by these Terms of Service and all terms, policies and guidelines incorporated in the Terms of Service.
These Terms of Service together with the Quiqup Services and Fees Schedule form the Contract between us and you (Contract or Agreement).
If you do not understand any of these Terms of Service or Quiqup Services and Fees Schedule, please contact us before using the Services. You may not access or use any Services unless you agree to abide by all of the terms and conditions in these Terms of Service.
1. SCOPE OF SERVICES
1.1 Quiqup agrees to provide its logistics services to the Customer and the Customer accepts the provisions of services which may include the following items pursuant to the business requirements of the customer which will be notified to Supplier from time to time:
• Delivery to end-customers
• Customer care and scheduling
• Return orders
1.2.1 By making use of our Services, you acknowledge and accept these Conditions in full. Other than these Conditions, no other terms and conditions shall be acceptable.
2. ALTERATION IN SCOPE
2.1 We may make changes to the Services and/or these Conditions by providing you with fifteen (15) days written notice. You will be notified of any changes via email at the address indicated in Customer Contact on the Quiqup Services and Fees Schedule. By continuing to use the Services after we notify you of any such change, you thereby accept and agree to all changes stated within such notice.
3.1 Quiqup will provide the Services to you at the rates and for the fees ("Fee" or "Fees") agreed in the Quiqup Services and Fees Schedule which are incorporated into these Terms of Service.
3.2 We reserve the right to modify the Fees at any time, including the option to raise Service Fees in line with any price increases in fuel. Nonetheless, we will furnish you with a minimum of 15 days' notice before the changes become effective for you.
4.1.1 The Customer shall pay Quiqup for the services in accordance with Quiqup Services Fees Schedule upon receipt of an invoice.
4.1.2 The charges shall be paid in AED and unless otherwise agreed in writing, made by electronic transfer to Supplier’s bank account.
4.1.3 Each party will be responsible for their own bank charges.
4.2.1 Quiqup shall invoice the Customer each calendar month in respect to the Charges incurred during such month. The invoice shall be sent to the Invoicing and COD Email Address provided in the Quiqup Services and Fees Schedule.
4.2.2. Invoices are payable by the Customer within seven (7) days from invoice date by electronic transfer to the following bank account:
Account Name: Quiqup Delivery LLC.
Bank: RAK Bank
Account Number: 0182923174001
SWIFT CODE: NRAKAEAK
Branch: Oud Metha Branch
4.2.3 Invoice discrepancies and disputes of any kind should be brought to Quiqup’s attention within 7 days of receipt of the invoice. In the event the Customer fails to raise a dispute within such period, the invoice shall be deemed accepted, undisputed and payable by the Customer. For the avoidance of doubt, even if the Customer disputes a single charge, group of charges, or an entire invoice, the Customer will still be required to settle the invoice. If the dispute raised by the Customer is determined by Quiqup to be valid and in the Customer’s favour, then a credit note will be issued.
4.2.4 Where the customer fails to pay the Fees in accordance with clause 4.2.2 then interest shall be applied by Quiqup to the late payment at the rate of 4% per annum calculated on a daily basis from the date of invoice.
4.3 Payments Collected
4.3.1 In the event Quiqup collects payment on your behalf from Recipients, those will be invoiced and processed to you each calendar month with your invoice in respect to the Fees incurred during such month.
4.3.2 Quiqup is only liable to collect and return the sum of the payments inputted by you on Quiqup platform or pushed to us via the Integrated API’s, for the respective period.
4.3.3 If Quiqup collects payments from Recipients on your behalf, Quiqup shall deduct the appropriate Cash on Delivery (COD) fee from the amount collected from the Recipients for the respective Booking prior to settling the balance of the amount collected.
4.3.4 The Customer agrees that Quiqup may set off any amount owed by them to the Customer, against any amount owed by the Customer to Quiqup This will be clearly set out in the invoice and credit note sent to the Customer via email.
4.3.5. Quiqup will transfer the amount owed to the Customer in the next payment batch after written confirmation by the Customer of acceptance of the amount owed. Payment batches happen on a bi-weekly basis.
4.3.6. In the event the amount of COD to be transferred in a single payment falls below AED 1,000, Quiqup reserves the right to apply a bank charge of AED 15 AED for the transfer.
4.3.7 Quiqup will accept COD payments up to a maximum of AED 500. For any COD orders placed above the aforementioned value, the COD process will remain as per the process above, but Quiqup does not guarantee on any fraud, theft or stolen cases.
4.4.1 Quiqup is responsible for providing all necessary notifications and making all tax payments required of it under the Applicable Law concerning its products and services.
4.4.2. The Customer shall bear the cost of ant VAT payments on the charges subject to receiving valid VAT invoice.
5. BOOKINGS AND DELIVERY
5.1 To request a booking for a carrier, you must submit your request either (i) via the Quiqup dashboard or (ii) via the Integrated APIs (as applicable) and provide us with all of the information requested by us in order to be able to provide you with the Services.
5.2 This information includes a valid and accurate delivery address.
5.3 Order state must be “Ready for Collection” by the Cut-off times specified in the Quiqup Services and Fees Schedule for pick up to be initiated.
5.4 Quiqup will use commercially reasonable efforts to meet the service level, however we shall not be liable for any failure to meet them.
5.5 The Customer shall notify us in writing, at least seven (7) days' in advance, of any upcoming marketing campaigns created and/or run by you which may increase the demand for the Services. If you fail to do so, you acknowledge that we may not be able to achieve the expected Service Levels.
6. COLLECTED ITEMS
6.1. Where you are using the Services to deliver Collected Items to a Recipient, the contract of sale in relation to your Collected Item is made between you and that Recipient and not with us or the Carrier.
6.2. Collected Items may not include:
6.2.1 Counterfeit goods, products or items that are illegal, guns or weapons, living organisms or animals, medical waste, bullion, precious stones, currency, explosives, ammunition, human remains, ivory, narcotics, etc.; or
6.2.2 Goods, products or items which have been classified as hazardous, dangerous, prohibited, illegal and/or restricted.
6.3. Quiqup reserves the right (directly or via our Carrier) to inspect any and all Collected Items if we suspect that they might be in breach of Clause 6.2 of any other terms of the Contract.
6.4. Quiqup may in our sole discretion reject a booking request placed by Customer without the need to give any reason.
6.5 The Customer is responsible for preparing and packaging the Collected Items in a form suitable for collection, transportation and delivery by Quiqup. Quiqup accepts no responsibility for damage of goods caused by damaged or improper packaging.
6.6 Quiqup shall not be liable or held responsible for any damage to delicate or fragile goods transported during the services.
6.7 Quiqup imposes restrictions on the weight and dimension of items that can be transported by each mode of transport of the Carrier.
6.8. Quiqup will deliver the Collected Items to the applicable address you provide. Should such address be invalid or otherwise incorrect, Quiqup may not be liable to maintain the agreed upon service level.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Subject to these Conditions, Quiqup (or our licensors, as applicable) retain ownership of the Service and its associated Intellectual Property Rights (including but not limited to those in the Quiqup Dashboard and the Integrated APIs). To the extent necessary for the delivery of the Services, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, free of charge right to use such Intellectual Property strictly for the Term and solely for your own personal, non-commercial use as necessary to receive the Services. For the avoidance of doubt, all rights we do not specifically grant to you in these Conditions, have been and are reserved by us.
7.2 You agree that you shall not copy, decompile, reverse engineer or otherwise derive or attempt to derive source code from the Services (including but not limited to those in the Quiqup Dashboard and Integrated APIs).
8.1 You represent, warrant and undertake:
8.1.1. that you will not use the Services for any illegal purpose or in any way that interrupts, damages or impairs the Services;
8.1.2 not to use the Services to deliver any item that is hazardous, dangerous, illegal, restricted or intended only to annoy or abuse other users or third parties (including us or our Carriers);
8.1.3. to comply with any terms of service that apply between you and the Carrier that transports your item (as may be notified to you);
8.1.4. not to use the Services to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening or unlawful or that may harm us or any third party;
8.1.5. to keep your account username and password secure at all times and not to disclose your account username and/or password to any other person nor allow any other person to use or access your account without your express prior authorization;
8.1.6. you will perform your obligations under these Conditions, including preparation and packaging of Collected Items for delivery, with due care and skill and in accordance with industry standards.
8.2 We warrant that we will perform our obligations under these Conditions with due care and skill and in accordance with industry standards. However, the Services are provided on an "as-is" basis. Except as explicitly provided in these Conditions, we make no warranties, explicitly or implied, with respect to the Services or deliverables to be provided. All warranties, conditions and other terms implied by statute or common law (including but not limited to fitness of purpose or merchantability) are hereby expressly disclaimed and excluded to the fullest extent permitted by law.
9.1 If a Recipient makes a complaint to us about a Collected Item itself (such as a complaint about the quality of a Product), we shall be entitled to redirect that complaint to you.
9.2 If the customer has a complaint about the Services please send email to firstname.lastname@example.org with any order reference number if relevant with the following timelines:
9.2.1 4 Hour orders: within two (2) days from the date of order receipt or completion
9.2.2 Same day, next day and 3 day orders: within three (3) days from the date of order receipt or completion
9.3. The Supplier will not be responsible for any Customer complaints beyond the above timelines.
10. FORCE MAJEURE
10.1. Save for your obligations to make payment for due and outstanding Fees, neither party will be liable for a failure or delay in performing its obligations under these Conditions to the extent that such failure or delay is caused by an event outside of the reasonable control of that party and which could not have been prevented or avoided by that party taking reasonable steps. Should such an event continue for more than fourteen (14) days, either party will be entitled to terminate the Contract immediately by providing written notice to the other party.
11. NON DISCLOSURE & CONFIDENTIALITY
11.1. The Disclosee expressly undertakes to retain in confidence all information transmitted to it by the Discloser that has been designated as proprietary and/or Confidential Information and/or by the nature of the circumstances surrounding its disclosure, ought in good faith to be treated as proprietary and/or Confidential Information, and agrees to keep such information confidential and shall not use or disclose such information other than as is necessary to perform its obligations under these Conditions or unless authorised to do so by the Discloser in writing.
11.2. Notwithstanding Clause 11.1, the Disclosee may disclose the Discloser's Confidential Information as required by law and we may always make use of or disclose to third parties such information as may be necessary for the purposes of performing our obligations under these Conditions.
11.3. If the Disclosee discloses the Discloser's Confidential Information to its employees, directors, contractors or agents, the Disclosee shall ensure that the person(s) to whom such information is disclosed, are aware of the confidentiality provisions of these Conditions and only use the information for the purposes for which it was provided. You shall accept full responsibility for such persons and hereby agree to indemnify and hold us harmless for any and all breaches of the same.
11.4 Each party acknowledges that the Confidential Information shall remain the property of the Discloser and no right or license whatsoever, express or implied, is granted to the Disclosee pursuant to these Conditions in respect of any Intellectual Property now or hereafter owned or controlled by the Discloser. The Disclosee shall, and shall procure that its employees, directors, contractors or agents shall, cease using the Confidential Information of the Discloser upon the termination or expiration of the Contract.
11.5 All Confidential Information, together with any copies thereof, shall, upon the request of the Discloser, be returned or destroyed as may be instructed by the Discloser. Notwithstanding the foregoing, we may retain copies of Confidential Information for the purposes of and for so long as required by any law or by judicial or administrative process or our legitimate internal compliance issues.
12.1 The Customer is liable for obtaining their own insurance in relation to the Services provided including but not limited to the Items delivered on your behalf.
12.2 Quiqup may provide the required insurances to ensure the security of shipping the products against damage or theft, if agreed with the Customer. Whereas insurance coverage doesn’t extend to cover the whole losses of damages or stolen shipments, Quiqup shall compensate the Customer as per the actual value of the product or AED 500, whichever is lower. The customer shall submit the claims within 30 days from the date of the order.
12.3 Under any circumstances, Quiqup’s liability shall not exceed the amounts stipulated above. Should the Customer regard the above limits as insufficient, it may, at its own cost, make its own insurance arrangements.
12.4 Quiqup shall not be liable for any delay, damage, loss, wrong delivery or lack of delivery if happens for any reason beyond its control or not due to its own negligence, or because of Force Majeure, including but not limited to electrical, magnetic damage, erasure of, electronic or photographic images, data or recordings, or any defect related to the nature of the Shipment.
12.5 Our total aggregate liability under or in connection to this Contract, whether in contract, tort (including negligence), statute or otherwise for loss or damage not covered by Clause 12.2, is limited to the lesser of (i) AED 500; and (ii) the total Fees paid or payable to us in the two (2) months preceding the event giving rise to the liability.
13. TERM AND TERMINATION
13.1 This Contract shall commence on the earlier of the date of signing of the Quiqup Services and Fees Schedule or making use of Quiqup’s Services and shall remain in effect for the Term, unless terminated earlier in accordance with these Conditions.
13.2 Quiqup reserves the right to suspend, restrict or terminate your access to the Services at any time without notice if we have reasonable grounds to believe you have breached any of your obligations set out in these Conditions. We will not however be liable for any non-performance of the Services or for any loss, damage or inconvenience of whatsoever nature suffered by you as the result of the suspension, restriction or termination of the Services pursuant to this Clause.
13.3 Suspension, restriction or termination of your access to the Services will be without prejudice to any other rights and remedies which the Customer may have accrued prior to the date of suspension, restriction or termination, including but not limited to, our right to take other legal action against you.
13.4 Either party may terminate the Contract upon thirty (30) days’ written notice to the other party. In such an event, Quiqup may close the account with Customer.
13.5 All outstanding payment obligations in relation to the Services shall survive termination of these Conditions.
14. TECHNICAL LIMITATION
14.1 The Customer acknowledges and accepts that your access to the Services are dependent on connectivity over communications networks and facilities that are outside of Quiqup’s operation and/or control and that use of the Services may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
14.2 Quiqup gives no warranty that your use of the Services will be uninterrupted or error free. Quiqup will use our reasonable endeavours to provide a good, consistent service, however, you acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Services.
15. CONTACT US
If you need to contact us, please email email@example.com or call +971 4 512 6212. For any finance related queries, please email firstname.lastname@example.org
16. GENERAL LEGAL TERMS
16.1. Unless otherwise agreed in writing, all notices under these Conditions served on Quiqup by Customer, shall be given in writing and delivered via email to the addresses listed in Clause 15.
16.2. Unless otherwise agreed in writing, all notices under these Conditions served on Customer by Quiqup, shall be given in writing and delivered via email to the addresses listed in the Quiqup Services and Fees Schedule.
16.2. We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Conditions to any company, firm or person. You may not sub-contract, assign, novate or otherwise deal with your obligations or interests under these Conditions without our prior written consent.
16.3. A provision of these Conditions or right, power or remedy created under it may not be varied or waived except in writing signed by the party to be bound.
16.4. No waiver of any breach of these Conditions shall constitute a waiver of any other breach of the same or other provisions of these Conditions.
16.5. If any part of these Conditions is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of these Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
16.6. This Contract comprises the entire agreement between the parties about its subject matter and supersede all previous agreements, understandings, representations, statements and negotiations on that subject matter whether written or oral.
16.7. Each party acknowledges and agrees that it does not rely on, and shall have no remedy in respect of, any promise, assurance, statement, warranty, undertaking or representation made (whether innocently or negligently) by any other party or any other person except as expressly set out in this Contract in respect of which its sole remedy shall be for breach of contract.
16.8. This Agreement shall be construed, enforced and governed by the laws of The Dubai International Financial Centre (DIFC). Any disputes arising out, with relation to or connected with this Agreement shall be referred exclusively to The Dubai International Financial Centre (DIFC) and finally settled by its sole judgement/s.