Terms of Service: ParcelLast updated: February 23, 2019
1. INTRODUCTION TO THE AGREEMENT
1.1 Terms And Conditions
In these Terms and Conditions where the following terminology has been used, they shall have the following meanings: Consignment: Will mean any item(s) of any sort which are or are intended to be, received by us from any one sender at an address for us to carry and deliver to any recipient at any other address. aged Consignment: Will mean a Consignment that is no longer in the condition in which it was received by us, or which is or becomes a health and safety risk. Out of Gauge: Will mean a Consignment is outside of the weight and dimensions that we carry on a particular service. Prohibited Items: Will mean that it cannot be carried on any Service and are contrabands under the laws of the land. Purchased: Will mean when you accept the Service Order. The Collection Point: Will mean the address at which a Consignment is received or collected by us. The Delivery Point: Will mean the address to which any Consignment is delivered by us. Service: Will mean the service and carriage of a Consignment by Freelancer/Rider in accordance with the particulars set out in the Service Order, as per the terms and conditions.
The Service(s) will be carried out for you whilst this Agreement is in force, in return for the payment by you to us of the price set out in the Service Order and in accordance with the terms of this Agreement. Pathao Parcel shall have the right to make any changes to the Service(s) which are necessary to comply with any applicable law or safety requirement or which do not materially affect the nature or quality of the Service(s) and any changes are not liable to be notified to you.
2.2 Loading And Unloading
If collection or delivery of a Consignment takes place at your premises, Pathao Parcel shall not be under any obligation to provide any equipment or labour which, apart from the Rider/Freelancer collecting the Consignment, may be required for loading or unloading of a Consignment. Any Consignment (or part of a Consignment) requiring any special equipment for loading and unloading shall be accepted by us for transportation only on the understanding and condition that such special equipment will be made available at the Collection Point and the Delivery Point as required. Where such equipment is not available and if the Rider/Freelancer agrees to load or unload the Consignment (or part of the Consignment) Pathao shall be under no liability or obligation of any kind to you for any damage caused (however it may be caused) during the loading or unloading of the Consignment. This includes any damage caused whether or not by the Rider/Freelancers negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of this agreement to load or unload the Consignment in these circumstances.
2.3 Collection And Deliveries
The Rider/Freelancer will make one attempt to deliver a Consignment during normal working hours. If the Rider/freelancer cannot obtain a delivery receipt at the Delivery Point you agree that the Rider/Freelancer shall be authorised to attempt to: deliver the Consignment to, or obtain a delivery receipt from, an alternative address close to the Delivery Point; or deliver the Consignment to a safe location at the Delivery Point and (if successful) the Rider/freelancer agrees that he/she will leave at the Delivery Point details of the address or safe location to which he/she have delivered the Consignment. If the Rider/freelancer is unable to deliver to the Delivery Point, a nearby address or a safe location, the Rider/freelancer shall return the Consignment to a designated location and leave a request for the recipient of the Consignment to contact the Rider/freelancer to make alternative delivery arrangements to the Delivery Point. If the recipient does not contact us to arrange the alternative delivery within 7 days we will return the Consignment to you at your cost (such cost to be discharged before delivery to you). If the Rider/freelancer consider that the Consignment has become a Damaged Consignment and cannot be delivered because it is or in his/her reasonable opinion is likely to be unsafe hazardous or harmful they reserve the right to refuse delivery and/or dispose of the Damaged Consignment immediately.
3.1 Your Obligations
You agree to: ensure that the information you supply in the Order Schedule is complete and accurate; co-operate with the Rider and freelancer and Pathao ltd in all matters relating to the provision of the Service(s); provide the Riders/freelancers with access to your premises, office accommodation and other facilities as reasonably required, if/when any of these are to be the Collection Point or Delivery Point and be responsible for ensuring that the premises are free of hazardous materials and do not pose a health and safety risk to the Riders/freelancer. provide Pathao ltd with such information and materials as may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects. You agree that the Rider/Freelancer shall not be required, and that you shall not cause them, to carry anything if it would be illegal or unlawful for them to do so under the laws of your own country to which you are subject to. Besides, you will also be bound by applicable laws, rules and regulations of the country of origin of the Company where it is registered to the extent it is applicable and consistent with the laws and regulations of your local territorial jurisdiction in pursuant to bilateral treaty, international business and commercial laws subject to the provisions contained in this agreement.
You agree that should you do this, you will indemnify Pathao ltd and against any losses and/or damage that we may suffer as a consequence. The Rider/Freelancer shall not, carry: livestock; Food Items; liquids; perishable goods; gasses; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition, the Rider/Freelancer will not carry any items which are on our prohibited by the laws of the Land. The Rider/Freelancer and Pathao ltd reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you.
3.2 It Is Understood That You Agree That:
All Consignments shall be accepted at the Delivery Point and that the recipient shall give the Rider/Freelancer an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment. Unless specifically agreed otherwise, “working days” do not include weekly holiday and or public holidays in your own country. No refund or reduction shall be provided of charges if less than the number of parcels for which you have contracted has been received. That you cannot send a package weighing more than 3 Kilograms and that Rider/Freelancer reserves the right to refuse delivery of products weighing over the set limit. That you will be barred to send contrabands as specified by the laws of the Land. That you are liable to disclose all necessary information regarding the product to the Rider/freelance rider. That you will not be allowed to send any food items. That you are not allowed to send passport, bank cheques or any material pertaining to a cash transaction between two entities That you are encouraged not to transfer extremely expensive items; if they do, they are asked to be cautious That you are to maintain their orders according to the outlined product categories, fully understanding each category description and strictly abiding by any restrictions a product category imposes on the user That you are to maintain extreme caution while packing their product, so as to diminish chances of damage as much as possible That you are to make sure that their items do not harm the rider in any way i.e. wrapping flowers and earrings properly That you are encouraged to bubble-wrap any electronics they wish to transfer, so as to avoid damaging the item That you have to pay the riders upfront. Failure to do so will result in the rider cancelling your request That you may not ask riders to receive cash payment from the receiver That you are to report any damaged/missing/lost items to our support team within 5 hours of dispatch Pathao Parcels will not take full liability of any item that is damaged or lost.However, in an event if Pathao find your report to hold solid ground for compensation.
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT. As a responsible business, Pathao ltd and the respective Riders/Freelancers shall hopefully perform the Service(s) in a professional manner with the appropriate level of skill and care. Pathao Parcels will not take full liability of any item that is damaged or lost. Damage to a Consignment may still occur as a consequence of handling of it and in such circumstances, Pathao Ltd and the Riders/Freelancer liability shall be limited as set out in these Terms and Conditions. The reasoning behind this limitation of our liability is as follows: The value of a Consignment and the amount of potential loss to you that could arise if a Consignment is damaged or lost is not something which can be easily ascertained but is something which is better known to you. In many cases it cannot be known to Pathao or the Rider/Freelancer at all and can only be known to you; The potential amount of loss that might be caused or alleged to be caused to you is likely to be disproportionate to the sum that could reasonably be expected to charge you for providing the Service(s) under this Agreement; It is not possible to obtain cover which would give unlimited compensation for full potential liability to all customers and, even if it were, such cover would be much cheaper if taken out by you and on that basis, it is more reasonable for you to take out such cover from an independent third party. It is imperative to keep the costs of providing the Service(s) to you as low as possible; In these Terms and Conditions, damage to you means any loss of, or damage to, a Consignment. 3.4 Pathao Ltd. shall not be liable to you: a) Under any circumstances where there are any material discrepancies between the declared dimensions and weights and the actual dimensions and weights; c) In any circumstances in respect of the items on the Prohibited items; Special Provisions items and for damage to the No Compensation Items lists, unless otherwise stated by us. To the best of our abilities, we can connect you through to the rightful authority to investigate damage or loss of your item. However, we will not be held liable to damage of your item or loss because of the aforementioned reasons in these Terms and Conditions.
You may choose to pay for the services by cash and where available, by using Pathao Credits as detailed below. Once you have used the Service, you are required to make payment in full to the rider/freelancer and such payment is non-refundable. If you have any complaints in relation to the transportation service provided, then that dispute must be taken up with the third-party rider/freelancer provider directly. That you have to pay the riders upfront. Failure to do so will result in the rider cancelling your request. That you may not ask riders to receive cash payment from the receiver You may purchase credits (“Pathao Credits”) which may be used to pay for the services. You may choose to purchase Pathao Credits through any of the methods as may be made available in the Application from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected. The Company may at its sole and absolute discretion reject your request to purchase Pathao Credits for any reason whatsoever, including without limitation, where your proposed Pathao Credits purchase: would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed 5,000 at local currency; or would cause the amount of Pathao Credits held by you to equal 5,000 or more at local currency . The Pathao Credits are not redeemable for cash nor are they refundable. They cannot be resold, exchanged or transferred for value. You will not receive interest or other earnings on your Pathao Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your Pathao Credits. You should ensure that you have sufficient Pathao Credits to pay for the transportation services. If you have insufficient credit balance to pay for the transportation services, you may purchase additional Pathao Credits so that you may complete your payment for the transportation services. You may check your Pathao Credits balance in the Application.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force in your own country and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
3.6 LICENSE GRANT & RESTRICTIONS
3.7 INTELLECTUAL PROPERTY OWNERSHIP