RedBox Technologies Terms and Conditions All orders placed on RedBox Technologies are processed by redboxsa.com Limited on our behalf. The registered office address of RedBox Technologies is Kingdom Tower, King Fahad Rd., Riyad, Saudi Arabia TERMS AND CONDITIONS Certain other items are carried without protection for damage or loss and at your risk. We do not accept any liability for loss of these items or damage to or made by these items caused through the use of our Service. Certain other items require more detail from you before they can be sent using our Service. Standard Terms of Contract 1.Definitions In these Terms and Conditions where the following terms are used, they shall have the following meanings: (a)“Consignment” means any item(s) of any sort which are, may be, 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. (b)“Damaged Consignment” means a Consignment that is no longer in the condition in which it was received by us. (c)“The Collection Point” means the address or terminal / locker at which a Consignment is dropped off or collected by the carrier or customer. (d)“Purchased” means when you accept the Service Order. (e)“The Delivery Point” means the address to which any Consignment is delivered by us. (f)“The Excepted Risks” means: (i)war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack or pillage in connection, and/or (ii)ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, and/or (iii)radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of the same, and/or (iv)pressure waves caused by aircraft and other aerial devices travelling at the speed of sound or faster, and/or (v)the absence, failure or inadequacy of the packing or packaging used for a Consignment. (g)“The Service Order” means the summary of the order displayed at step 5 of the ordering process which is confirmed to you in the confirmation e-mail that is sent once acceptance of the order has occurred. (h)“This Agreement” means these terms and conditions, together with the Service Order. (i)“Us, We or Our” means RedBox Technologies Limited, together with its directors, employees any agents subcontractors or couriers acting on its behalf. (j) “You” means the customer who is contracted with us as set out in the Service Order. (k) “Service” means the service and carriage of a Consignment by us in accordance with the particulars set out in the Service Order.
- Our Obligations
2.1 We will carry out the Service(s) 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. 2.2 We 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 we shall notify you of any such changes. 2.3 We warrant that the Service(s) will be provided using reasonable care and skill.
- Loading and Unloading
3.1 If collection or delivery of a Consignment takes place at your premises, we shall not be under any obligation to provide any equipment or labour which, apart from the driver collecting the Consignment, may be required for loading or unloading of a Consignment. 3.2 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 we agree to load or unload the Consignment (or part of the Consignment) we 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 our negligence and you shall agree to indemnify and hold us harmless against any claim or demand from any person arising out of our agreeing to load or unload the Consignment in these circumstances.
- Our Liability
YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT. 4.1 Where you deal with us as a consumer, nothing within these terms and conditions shall be deemed to affect your rights. 4.2 Nothing in this Agreement shall limit or exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation. 4.3 As a responsible business, we will perform the Service(s) in a professional manner with the appropriate level of skill and care. However, damage to a Consignment may still occur as a consequence of our handling of it and in such circumstances, our liability shall be limited as set out in these Terms and Conditions. The reasoning behind this limitation of our liability is as follows: (a) 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 we can easily ascertain but is something which is better known to you. In many cases it cannot be known to us at all and can only be known to you; (b) 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 we could reasonably be expected to charge you for providing the Service(s) under this Agreement; (c) It is not possible for us to obtain protection which would give unlimited protection for our full potential liability to all of our customers and, even if it were, such protection would be much cheaper if taken out by you (rather than us taking out such protection and passing the cost on to you) and on that basis, it is more appropriate for you to take out such protection: (d) We wish to keep the costs of providing the Service(s) to you as low as possible; (e) In light of the above we wish to limit our liability for any damage caused to you to levels which we consider proportionate to our low charges for providing the Services. These amounts are set out in clause 4.5; (f) In these Terms and Conditions, damage to you means any damage suffered by you (including any loss of, or damage to, a Consignment and any other loss, whether or not known to you or us or in either of our contemplation at the time of entering into this Agreement), however; it arises but only so long as it is caused by our negligence, breach of duty or other wrongful act or omission (which includes any deliberately wrongful act or omission) and any breach of any the terms of this Agreement, or any terms implied by statute (where applicable); (g) We investigate all claims received by us in a fair and speedy manner, but such investigations are more accurate and are easier to perform soon after the loss or damage is alleged to have incurred and on that basis, the timescales set out in this Agreement are necessary to ensure that such investigations can be performed fairly. The Extent of our Liability 4.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this, 4.5 We shall not be liable to you under any circumstances for any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill) or for any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission. 4.6 We shall not be liable to you:
- a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and weights and the actual dimensions and weights.
- b) in any circumstances in respect of the items on the Prohibited items; Special Provisions items and No Protection items lists, unless otherwise stated by us.
The Limitation on the Amount of our Liability 4.7 If we are liable to you for any reason, we shall only be liable to you up to the following amounts in the following circumstances: If we lose or damage all of a Consignment we will be liable for a full price of the item for RedBox services up to 375 Saudi Riyal. 4.8 In order to ascertain the extent of our liability above, we shall require proof of the value and weight of the entire Consignment and any part or parts of it which make it up and you must ensure that, prior to our collection or the dropping off of the consignment at a RedBox Point/ locker, you have a record of these. For the avoidance of any doubt, and without affecting, we shall only be liable for the replacement value of the Consignment and not for any sums that would amount to profit on the Consignment or applicable value added tax (or like tax) on such profit. 4.9 If a claim arises as a result of damage to the whole or part of a Consignment and if we settle the claim for a sum equal to or greater than the value of the Consignment, then we shall be entitled to claim ownership of the Consignment and deal with it as we see fit. 4.10 If you wish to combine a number of discrete packages you must do this within an outer box or packaging fully encompassing each discrete package. If you do not do this and any individual discrete package(s) come apart in transit resulting in one or more of them being lost, then once the remaining parcel(s) are signed for by the recipient, you accept that you cannot make a claim for loss or partial loss of that consignment. Prohibited Items, Special Provisions Items and No Protection Items 4.11 Certain other items are carried without protection for damage or loss and at your own risk. For the avoidance of doubt, we do not accept liability for any loss, damage to or damage caused by any of the items on these lists, whatsoever and howsoever such loss or damage is caused, whether in contract, breach of statutory duty, tort (including negligence) or otherwise. Notification of Claims 4.12 We shall not be liable to you under any circumstances for any loss or damage unless you notify us either by our live help service (via our website). (a) 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment; (b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us. Refunds 4.13 All requests for refunds must be submitted in writing to RedBox Technologies and received by us within 28 days from the date the Service was purchased. Your Default 4.14 If our performance of any of our obligations under this Agreement is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (“Your Default”): (a) we shall (without limiting our other rights or remedies) have the right to suspend performance of the Service(s) until you remedy Your Default and, and we shall have the right to rely on Your Default if Your Default prevents or delays our performance of any of our obligations; (b) we shall not be liable for any costs or losses that you may suffer that arising directly or indirectly from our failure or delay to perform any of our obligations; and (c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from Your Default.
- Your Indemnity
5.1 We shall assume, for the purposes of this Agreement, that you are the sole owner of every item dispatched in the Consignment but if any other person makes a claim against us for loss of or damage to any such items beyond our liability to you then you agree that you shall indemnify us against any losses or liabilities that we suffer through that claim (including all legal costs and expenses) and you agree that we shall have no liability to you in these circumstances, regardless of whether such claims exceed any limitations of liability set out in this Agreement. 5.2 You agree to indemnify us against any losses or liabilities that we may suffer through the loss of, or inability to deliver, a Consignment caused by deficient or ambiguous labelling of such Consignment. 5.3 You agree to indemnify us against any losses or liabilities that we may suffer through a breach by you of any of your obligations set out. 8.7 In the event that you use the same discount code with more than one order, we may, at our absolute discretion: (a) cease trading with you and/or your business; (b) remove your ability to place orders with us;
- Your Obligations
6.1 You agree to: (a) ensure that the information you supply in the Order Schedule is complete and accurate; (b) co-operate with us in all matters relating to our provision of the Service(s); (c) provide us with access to your premises, office accommodation and other facilities as reasonably required by us if any of these are to be the Collection Point or Delivery Point; (d) provide us with such information and materials as we may reasonably require in order to supply the Service(s) and ensure that such information is accurate in all material respects. 6.2 We will not, without specific separate written agreement, carry: livestock; liquids; perishable goods; glass; gasses; pyrotechnics; arms; ammunition; corrosive; toxic; flammable; explosive; oxidising or radioactive materials. In addition we will not carry any items which are on our prohibited list above. 6.3 We reserve the right to refuse to carry any parcels which are neither the property of, nor sent on behalf of, you. 6.4 You understand that: (a) All Consignments shall be accepted at the Delivery Point and that the recipient shall give our driver an appropriate receipt and you agree that this receipt shall be conclusive evidence of delivery of the Consignment by us. (b) If there is a strike by any employees of yours, or the employees of any person receiving delivery, then you agree that our representative shall not be asked to perform any additional duties or any duties of a strike-breaking nature.
7.1 Unless specifically agreed otherwise, “working days” do not include Friday, Saturday or public holidays. 7.2 We will not provide any refund or reduction of charges if we receive less than the number of parcels for which you have contracted.
8.1 No variation, amendment or cancellation of the terms of this Agreement (other than the Order Schedule) shall be binding upon us unless and until it is confirmed in writing by a director of us and, for the avoidance of any doubt, it is declared that no person other than a director has authority to negotiate or enter into any commitment on behalf of us which would or might (but for this clause) involve us in any legal liability whatsoever.