1.1 5 Rivers Courier Services LLC service carry's out deliveries on your behalf (the “Service”). The Service may be provided to you via the online software, app or via the Integrated APIs (“Partner Service”), depending on what you use.
1.2 The Service is provided by 5 Rivers Courier Services LLC
1.3 Use of the service will be governed by these Terms.
2. Our obligations
Subject to your compliance with your obligations set out in these Terms, we agree to use commercially reasonable efforts to provide and make available the Service to you.
4. Payments and Cancellation
4.1 In consideration of our provision of the Service, you shall pay to us all fees and charges set out or referred to in these Terms (collectively the “Fees”).
4.3 By providing any credit card or other payment card information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment card. You undertake that you will keep your billing information current, including promptly updating your billing details with an alternative payment card in the event that your credit or debit card is lost, stolen or expires. If your credit card or debit card is rejected, we shall be entitled to charge you a AED 250.00 rejection fee
4.4 You shall pay interest on any late or unpaid Fees from the due date until the date of actual payment (whether before or after judgment) at the rate of AED 10.00, such charges to accrue on a day to day basis and to be compounded monthly.
5.1 To request a booking for a Driver, you must submit your request either via the online system, app or via our Integrated APIs (for the Partner Service) and input into those systems the information required by the Service.
5.2 You will be provided with information by the Service showing when a Driver has been assigned. You may only cancel or reschedule your booking request through the same service you booked on. If you cancel or reschedule your booking once it has been made, then the following shall apply:
a) if a Driver has not been assigned, you may cancel or reschedule without charge;
b) if a Driver has been assigned but has not yet arrived at your collection location or has arrived at your collection location but has been waiting at your collection location for less than 10 minutes, you may cancel or reschedule for a AED 10.00 charge; or
c) if a Driver has been assigned and has already arrived at your collection location and has been waiting at your collection location for more than 10 minutes, your cancellation will result in you being charged the full order value.
d) If a Driver has already collected the items and due to cancellation these items must be subsequently returned to the collection location, you will be charged AED 50.00 plus the full order value.
5.3 If a Driver cannot complete a delivery due to the Collected Items exceeding the weight and dimension as per your booking set out in Clause 6.6 for the mode of transport selected, the delivery will be cancelled and you will be charged AED 10.00 for the cancellation. In such an instance, if you would still like the delivery to be completed, you will be required to make a new booking with the weight and dimension.
6. Collected Items
6.1 Where you are using the Service to deliver the 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 Driver.
6.2 You may not use the Service to transport:
a) goods, products or items that are illegal in the UAE or any guns, weapons, living organisms, such as animals, or medical waste; or
b) any goods, products or items which you have been notified by us or a Driver as being prohibited.
6.3 If you are not using our storage and packaging service you are responsible for preparing and packaging the Collected Items in a form suitable for delivery by a Driver.
6.4 You agree that should you use the Service to deliver fragile or delicate products, goods or items, you only do so at your sole risk. We shall not be liable to you for any damage to delicate or fragile products, goods or items and you shall ensure that any such goods, products or items that you do send are appropriately packaged and protected.
6.5 We reserve the right in our sole discretion to reject a booking request placed by you. We may do this, for example, if we suspect that the booking request or the goods or products that you have requested to be collected using the Service are not in accordance with these Terms.
6.6 You must select the correct approximate weight and dimension for the delivery. We impose restrictions on the weight and dimension of items that can be transported by each mode of transport. The restrictions are as follows:
Large Vans: Up to 30kg per item (total 300kg) L120 x W180 x H120
Small Vans: Up to 30kg per item (total 50kg) L90 x W50 x H50
Motorcycles: Up to 8kg & L50 x W50 x H33
7.1 Delivery and collection times selected by you or allocated via the Service are approximate only, and the time for collection or delivery is not of the essence. We will use commercially reasonable efforts to meet the delivery and collection times set out in the Service Level Agreement. However, we shall not be liable for any failure to meet the delivery and collection times set out in the Service Level Agreement if such failure is caused by any of the circumstances listed in Clauses 7.2, 7.3, 7.4(a) or 7.4(b) below.
7.2 If you fail to provide adequate instructions about the collection of the Collected Items and such failure results in the Driver being unable to collect the Collected Items within a reasonable amount of time, we may cancel the delivery and charge you AED 20.00.
7.3 If you (or someone on your behalf) are unavailable to hand over the Collected Items to the Carrier within 10 minutes following the Carrier’s arrival at your collection location, we may cancel the delivery and charge you AED 20.00, plus an additional AED 10.00 for every 10 minutes that the Driver has been waiting at your collection location.
a) you fail to provide adequate instructions about the delivery of the Collected Items and such failure results in the Driver being unable to deliver the Collected Items within a reasonable amount of time; or
b) Recipient is unavailable to take possession of the Collected Items within a reasonable time following arrival at a delivery location by the Driver,
the Driver shall return the Collected Item to where it was collected from and we will be entitled charge you (i) AED 50.00 plus full order value we would have charged if the delivery had been completed; and/or (ii) our reasonable costs incurred as a result of the Driver returning the Collected Item to where it was collected from.
7.5 We shall only be required to facilitate collection and delivery of goods, products or items through the Service from or to locations within the Delivery Area.
8. Intellectual Property Rights
8.1 We retain ownership of the Service and its associated Intellectual Property Rights (including those in our website and mobile application). We grant you a non-exclusive, non-transferable right to use the Service’s features solely for your own personal, non-commercial purposes, subject to these Terms. All rights we do not grant to you specifically in these Terms are reserved by us.
8.2 You agree that you shall not copy, decompile, reverse engineer or otherwise derive or attempt to derive source code from the Service (including our website or mobile application) except as is permitted by the Copyrights Designs and Patents Act 1988 (as amended) where such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Service with another software program, and provided that the information obtained by you during such activities:
a) is used only for the purpose of achieving inter-operability of the Service with another software program;
b) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c) is not used to create any software or service that is substantially similar to the Service.
9.1 You warrant:
a) that you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Service;
b) not to use the Service to deliver any item that is dangerous, illegal or intended only to annoy or abuse other users or third parties (including us or our Drivers);
c) to comply with any terms of service that apply between you and the Driver that transports your item (as may be notified to you);
d) not to use the Service 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;
e) to indemnify and defend us fully against any Claims or legal proceedings brought against us by any third party (including Recipients) as a result of your breach of these Terms;
f) 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;
9.2 You further warrant that you will perform your obligations under these Terms, including preparation and packaging of Collected Items for delivery, with due care and skill and in accordance with industry standards.
9.3 We warrant that we will perform our obligations under these Terms with due care and skill and in accordance with industry standards.
10.1 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 re-direct that complaint to you.
10.2 You shall be solely responsible for, and shall indemnify us against all Claims arising from or related to the Collected Items, including Claims that:
a) any Collected Item does not reflect the product information or other descriptions of the Collected Item published by you or its owner or otherwise made available to any Recipient;
b) any Collected Items from the applicable order placed by a Recipient are damaged;
c) there are products or goods missing which should have been included with the Collected Items as part of the same or a connected order placed by a Recipient with you; and
d) the Collected Items are inadequate, poor quality or otherwise not fit for purpose.
11. Force majeure
Neither party will be liable for a failure or delay in performing its obligations under these Terms 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.
12.1 Subject to Clause 12.2, the Receiver shall keep the Discloser’s Confidential Information confidential and shall not use or disclose such information other than as is necessary to perform its obligations under these Terms.
12.2 Notwithstanding Clause 12.1, the Receiver may disclose the Discloser’s Confidential Information as required by law.
12.3 If the Receiver discloses the Discloser’s Confidential Information to its employees, directors, contractors or agents for the purposes of performing its obligations under these Terms, the Receiver shall ensure that the person(s) to whom such information is disclosed treat it as confidential and only use and disclose it for the purposes of performing the Receiver’s obligations under these Terms.
13. Personal Data
13.1 In this Clause 13, “data controller”, “process”, “data processor”, “data subject” and “personal data”shall have the meaning given in the General Data Protection Regulation (GDPR)
13.2 The parties acknowledge and agree that they are each data controllers of personal data where a Recipient is a data subject (“Recipient Data”).
13.3 Each party will ensure that it complies with Data Protection Law applicable to it in full whenever Recipient Data is processed by them or on their behalf by a data processor.
13.4 You will ensure that a clear and unambiguous notice which is compliant with Data Protection Law is displayed to Recipients or potential Recipients which states that you may use us to fulfil orders and that we may therefore receive and process Recipient Data.
14. Term and Termination
14.1 This agreement shall commence on the Effective Date and shall remain in effect until terminated in accordance with the provisions of these Terms (the “Term”).
14.2 We may terminate these Terms immediately and close your account any time without notice if we cease to provide the Service in the Delivery Area.
14.3 We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of your obligations set out in these Terms.
14.4 Suspension, restriction or termination of your access to the Service will not limit our right to take any other legal action against you that may be appropriate.
14.5 Either party may terminate these Terms upon twenty (20) days’ advance written notice to the other party.
14.6 All outstanding payment obligations in relation to the Service shall survive termination of these Terms.
15.1 Subject to Clause 15.4, our total aggregate liability in relation to loss, destruction or damage to Collected Items (taken together) caused by any reason whatsoever including by our breach of contract, tort or negligence or that of a Driver is limited to the cash value of the Collected Items but shall in no event exceed AED 500. If you consider that the potential loss or any other damage to you caused by the loss, destruction or damage of all (or part) of a single collection and delivery of Collected Items would exceed this amount then you must arrange separate cover or insurance to cover such potential loss.
15.2 Subject to Clause 15.4, our total aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), statute or otherwise for loss or damage not limited by Clause 15.1, is limited to the greater of (i) AED 1000; and (ii) the total Fees paid or payable to us in the 2 months preceding the event giving rise to the liability.
15.3 Subject to Clause 15.4, neither party is liable to the other for any economic losses (including loss of revenues, profits, contracts, business or anticipated savings) or any special, indirect or consequential losses of any nature, whether or not such losses were known to the parties at the Effective Date.
15.4 Nothing in these Terms shall limit either party’s liability for death or personal injury caused by its negligence, fraud or any other statutory or other liability which cannot be excluded or limited by law.
15.5 We are not for responsible and shall have no liability to you for:
a) the behaviour, actions or omissions of any Recipient;
b) the actions or omissions of other users of the Service;
c) the quality or fitness for purpose of any Collected Item;
d) losses, damage, costs or expenses not caused by our breach of these Terms; or
e) any harm, loss or damage suffered by you or anyone else (including any Recipients) if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure).
16. Technical Limitations
16.1 The Service is provided without express or implied warranty or condition of any kind, on an “as-is” basis and all implied warranties (whether by statute, custom or otherwise) are excluded to the maximum extent permitted by applicable law.
16.2 You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.
16.3 We give no warranty that your use of the Service will be uninterrupted or error free. We 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 Service.
17. Third party services
17.1 You confirm that you understand and agree that:
a) we are a Courier and operate the Service only – we do not provide other services;
b) it is up to the us to perform any courier services you request via the Service; and
17.2 You agree that we have no responsibility or liability for the acts or omissions of a Driver unless expressly set out in these Terms.
17.3 You warrant that you will comply with any terms and conditions applicable to the use of our service and we will not be responsible for any act or omission by you with your use of their service.
17.4 We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from, the Service by other users or third party service providers.
18. Contacting Us
18.1 If you need to contact us, please contact us on 800-5RIVERS or email email@example.com.
18.2 For any Driver-specific queries, please contact our customer support team, who can contact the Driver in the first instance.
19. General Legal Terms
19.1 Unless these Terms expressly state otherwise, all notices under these Terms shall (i) for any notices to be served on us by you, be given in writing and delivered, to The H Dubai, 33rd Floor, #1 Sheikh Zayed Road, Dubai, UAE; or (ii) for notices to be served on you by us, be emailed or be given in writing and delivered or posted to the email address or postal address specified by you in your user account (as applicable).
19.2 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. You may not subcontract, assign, novate or otherwise deal with your obligations or interests under these Terms without our prior written consent.
19.3 The parties shall be independent contractors and nothing in these Terms shall be deemed to constitute a partnership or any employment relationship between the parties.
19.4 Subject to Clause 3.1, a provision of these Terms or right, power or remedy created under it may not be varied or waived except in writing signed by the party to be bound.
19.5 No waiver of any breach of these Terms shall constitute a waiver of any other breach of the same or other provisions of these Terms.
19.6 If any part of these Terms 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 Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
19.7 These Terms are 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.
19.8 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 these Terms in respect of which its sole remedy shall be for breach of contract.
19.9 These Terms shall be governed by the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
20.1 In these Terms:
a) “Driver” shall have the meaning set out in Clause 1.1;
b) “Claim” means any liability, damage, expense, claim or cost (including reasonable legal fees and costs);
c) “Collected Items” means any single consignment of products, goods or items that have been collected by or are due to be collected by a Carrier via the Service;
d) “Confidential Information” means all information, except for Excluded Information, which is, by its nature, confidential, is designated or marked as “confidential” or which the Receiver knows, or ought reasonably to know, is confidential;
e) “Data Protection Law” means all applicable laws and regulations (in any jurisdiction) relating to processing and/or security of personal data and privacy;
f) “Delivery Area” means The UAE
g) “Discloser” means the party disclosing Confidential Information to the other party;
h) “Effective Date” means the date on which these Terms were entered into, being the date on which the Terms were accepted by you;
i) “Excluded Information” means all information that is lawfully known, or became lawfully known, to the Receiver independently of these Terms or which is in, or comes into, the public domain other than due to wrongful use or disclosure by the Receiver;
j) “Fees” means the fees charged by us for the provision of the Service as set out or referred to in Clause 4;
k) “Integrated APIs” means the application programming interfaces which have been integrated in order to allow us to provide the Service to you;
l) “Intellectual Property Rights” means all intellectual property rights, including patents, supplementary protection certificates, petty patents, utility models, trade marks, database rights, rights in designs, copyrights (including rights in computer software) and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, in each case for their full term, and together with any renewals or extensions;
m) “Partner Service” shall have the meaning set out in Clause 1.1;
o) “Recipient” means the individual or entity to whom the Collected Items are to be delivered as instructed by you;
p) “Service” shall have the meaning set out in Clause 1.1;
q) “Service Level Agreement” shall mean the service level agreement set out in Schedule 1;
r) “Term” shall have the meaning set out in Clause 14.1;
s) “Terms” shall mean these terms and conditions, including the Schedules;
t) “you” shall mean the entity which enters into these Terms or on whose behalf these Terms are entered into;
u) “VAT” means the value added tax.
Schedule 1 – B2B Service Level Agreement
This Schedule 1 represents a Service Level Agreement (“SLA”) for the provisioning of the Service.
2. Collection and Delivery
We will use commercially reasonable endeavours to:
organise for a Driver to arrive at the collection location within the quickest time from your booking or our Integrated APIs (for the Partner Service or the Affiliate Service) for 95% of orders in a calendar month; and assign a Carrier within 10 minutes of the order being submitted.
Our expectation is that the Carrier will arrive at the pickup location within approximately 30 minutes of assignment and thereafter complete the order as quickly as factors such as travel distance and traffic allow.
If you use the Partner Service, you acknowledge that the service levels set out above shall not apply in certain circumstances as set out in the Key Partner Agreement between us and you or us and your franchisor (as applicable).
If you require support in relation to the Service, you can contact us in the following ways:
Business live support line: 800-5RIVERS from 8:00 – 22:00, Sunday to Saturday (excluding public holidays). Calls received out of these hours will be forwarded to a mobile phone and reasonable efforts will be made to answer/action the call.
We will notify you by email of any changes to the above contact information.
Email addresses are monitored 08:00 to 18:00, Sunday to Thursday (excluding public holidays).
Emails received outside of these hours will be collected but may not be actioned until the next working day.
4. Service Requests
We will use commercially reasonable endeavours to respond to service related incidents and/or requests submitted by you (in accordance with paragraph 3 above) and provide remote assistance within the following time frames:
0-4 hours (during business hours) for issues classified as High priority (i.e. live operational issues/enquiries).
Within 24 hours for issues classified as Medium priority (i.e. payment issues require prompt attention).
Within 48 hours for issues classified as Lower priority (i.e. administrative issues/enquiries).
The above timeframes are measured from the time at which the incident or request is submitted to us.
The priority of an incident or request will be determined by us.
Schedule 2 – Fees
Our Fees are based on distance between Collection and Delivery of an item
Fees for 1km Delivery: AED 21 inc VAT
Fees per additional kilometre: AED 2.1 inc VAT
Fees for 1km Delivery: AED 31.50 inc VAT
Fees per additional kilometre: AED 4.2 in VAT
Fees for 1km Delivery: AED 42 inc VAT
Fees per additional kilometre: AED 6.4 inc VAT
For partners who use our service frequently, we offer discounted Fees, based on monthly volume (calculated on the basis of the number of applicable deliveries in the previous calendar month). To discuss discounted Fees, please contact firstname.lastname@example.org
Multi-drop – For each additional delivery requested on a single driver route, the fee will be AED 10.50 in VAT, per additional delivery (either pick up, or drop off