- We refund all charges that are related to potential technical errors in our Application, if the error resulted in the Service not being rendered.
- A refund request that is not related to a technical error in our Application may only take the form of a credit note. A person requesting refunds should email us at Info@expressbox.ae, stating the problem and any other relevant information. In your claim, please include an explanation and reasons for a refund and your order information.
- Refunds are issued at the sole discretion of our management within a thirty (30) day period after the date of the order. Refunds will be made through the original mode of payment, with the exception of cash payments, which will be refunded through a bank transfer.
User Representations, Warranties and Agreements
- You can access the Services using the Applications or other specifically authorized means. It is your responsibility to ensure you downloaded the correct Application for your mobile, tablet, or similar device. Express Box is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application.
- By using the Services and the Applications, you expressly represent and warrant that:
(a)you are legally entitled and have all the rights, authority and capacity to enter into the Agreement and to fully comply with its provisions;
(b)the data you provide for the registration of your account is true, accurate, and complete;
(c)you will keep secure and confidential your User account password or any identification we provide you with which grants you access to our Applications and/or Services;
(d)you will not represent yourself to be an agent, representative, employee, or affiliate of Express Box;
(e)you will only use the Services and/or the Applications in accordance with Applicable Laws;
(f)you will not authorize other persons to use your Express Box account, and you will not assign or otherwise transfer your User account to any other person or entity;
(g)you will not in any way copy, reproduce, or distribute any material provided by Express Box, including the Applications, Services, texts, graphics, images, music, software, audio, videos (collectively “Content”) without the express written consent of Express Box;
(h)you will not assist any third party in breaching any of the above;
- you will inform us of any unauthorized use of your credentials or violation of your confidentiality promptly upon becoming aware thereof.
General Exclusions of Liability
- We will not be liable to you under or in connection with these General Terms, an Agreement or in connection with the provision of the Services, including, without limitation, for any loss, damage, mis-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of:(a)Your, or your employee’s or agents’: acts; omissions; breach of Agreement;
negligence; misstatement or misrepresentation;
(b)any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical or magnetic derangement of the Consignment; (c)the Consignment being insufficiently or improperly packaged; or
(d)the Consignment being incorrectly or insufficiently addressed or labelled.
- Despite any other provision of the Agreement to the contrary, but subject to clauses 11.3 and 11.4 we (and our Affiliates) are not liable to you or your Affiliates for any special, indirect, consequential, exemplary or incidental damages, loss of profits, loss of opportunity, loss of data, loss of privacy, loss of security, loss of revenues or loss,damages, compensation, penalties or fines arising from any loss of use, howsoever arising under or in connection with the Agreement or the Services and whether or not we contemplated, knew about, should’ve known about or were advised of the possibility of any such consequence, loss, damage, compensation, penalty or fine and whether the liability is based in contract, tort, negligence, equity, indemnity, statute or on any other legal basis.
- Notwithstanding anything to the contrary contained herein, our liability for fraud, or death or personal injury resulting from our negligence, is not limited.
- Despite anything to the contrary contained elsewhere or in the Agreement, we are not under any greater liability to you in respect of any Consignment than you have contractually committed to your customer.
- We are not liable for any loss, mis-delivery, non-delivery or delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of our obligations under an Agreement due to any event beyond our reasonable control including, without limitation:
(a)delay or cancellation of ferries, flights or railway transport or scheduled trucking; (b)failure by a Consignee to accept or otherwise be available for accepting delivery of a Consignment;
(c)delays in or refusal of customs clearance;
(d)act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors.
- We will not be liable (whether in negligence or otherwise) for loss or damage under or in connection with these General Terms or the Agreement or in connection with the provision of the Services, including, without limitation, damage to Consignments or loss, mis-delivery or non-delivery of any Consignment (or any part thereof), unless you notify us (other than upon any delivery document):(a)of the same, in respect to delivered Consignments, within:
(i)5 days of the date of delivery if the proof of delivery is signed as having been received in good condition; and
(ii)7 days of the date of delivery (or the due date for delivery if the whole Consignment has been lost or mis-delivered) in all other cases, and make a written claim against us within 21 days of the date of delivery or the due date of delivery (as appropriate); or (b)subject to clause 12.1(a), of your claim in respect to Goods stored during Warehousing Services, within 14 days of the date you become aware, or are notified by us, of the damage.
- Despite anything to the contrary in these General Terms or in an Agreement each Party agrees that:
- it will not make any claim or bring any legal action under or in connection with these General Terms or an Agreement after 12 months from the date when transit commences; and
- it waives any right to make any such claim or bring any action; and
- it must ensure its Affiliates do not bring any such claim or action after that period.
- No claim shall be made on any grounds whatsoever against (i)any of our officers or servants, or
- any of our parent, subsidiary or associated companies.
which seeks to impose upon him or them any liability in connection with these Genera Terms or an Agreement or the Services undertaken by us.