These Terms & Conditions were last updated on 07th of December 2015.
1. Acceptance of Terms.
1.1. fetchr and the Services are provided to you subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using fetchr, the Services or our website located at www.fetchr.us and it's subdomains (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity (and its affiliates, as the case may be) to this TOS, in which case the terms “you” or “your” shall refer to such entity (and its affiliates, as the case may be). If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use fetchr, the Services, or the Site.
1.2. We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new TOS.
1.4. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree (a) immediately to notify fetchr of any unauthorized use of your password or account or any other breach of security, and (b) to the extent that you should properly exit from an active session, to ensure that you exit from your account at the end of each such session when accessing the Services. fetchr will not be liable for any loss or damage arising from your failure to comply with this section.
1.5. All calls done by an employee from Mena-360 LLC including but not limited to : "call center agents, drivers and account managers", can be monitored and recorded for record-keeping, training and quality-assurance purposes. These recording are the property of Mena 360 - LLC and will only be made available to a third party if so required by law. Your participation in a telephone conversation with any party mentioned above serves as express consent to be monitored or recorded.
1.6. By using the Sellr by fetchr services located at sellr.fetchr.us you agree that you have the correct business license to operate in the UAE. Sellr by fetchr is reserved exclusively for businesses and should not be used by individuals without the correct licensing and approvals to sell within the UAE.
2. Description of Services.
The “Services” include (a) the Site, (b) fetchr’s packaging and shipping services, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Services shall also automatically become subject to this TOS.
3. Mobile Services:
The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding fetchr and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your fetchr account information to ensure that your messages are not sent to the person that acquires your old number.
4. General Conditions/ Access and Use of the Services.
4.1. Subject to the terms and conditions of this TOS, you may access and use the Services only for lawful purposes. All rights, title and interest in and to the Services and its components will remain with and belong exclusively to MENA 360. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, except as set forth in Section 11; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the Services, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices fetchr provides you or publishes in connection with the Services, and you shall promptly notify us if you learn of a security breach related to the Services.
4.2. You may not tender for shipment any of the following prohibited items including, but not limited to: alcoholic beverages, firearms, hazardous materials, tobacco products as well as any other items that are prohibited by law, and such items will not be accepted. fetchr reserves the right, at its absolute discretion, to refuse any goods, without having to provide any reason therefor. Moreover, fetch may decline to accept some goods depending on their size. We may inspect your shipment at any time and may permit government authorities to carry out such inspections as they may consider appropriate. We may also photograph items in your shipment for our internal use in order to provide the Services. We reserve the right to reject or suspend the carriage of any prohibited items or items that contain materials that may damage other shipments or that may constitute a risk to our equipment or employees or to those of our service providers.
4.3. In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with fetchr’s acceptable use policy (“AUP”), as described in this section. You will not use the Services to (or assist another person to):
Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose fetchr or its users to any harm or liability of any type;
Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
Violate any applicable local, state, national or international law, or any regulations having the force of law;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
4.4. Any software that may be made available by fetchr in connection with the Services, including without limitation the bookmarklets or plug-ins, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, fetchr hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Services, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Services by any means other than through the interface that is provided by fetchr for use in accessing the Services. Any rights not expressly granted herein are reserved and no license or right to use any trademark of fetchr or any third party is granted to you in connection with the Services.
4.6. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to fetchr’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. fetchr will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
4.7. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in fetchr’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
4.8. The failure of MENA 360 to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a binding contract enforceable against you in accordance with its terms, even though it is electronic and is not physically signed by you, and it governs your use of the Services and takes the place of any prior undertakings and commitments that you may have made.
4.9. Subject to the terms hereof, fetchr may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
5.1. To the extent the Services or any portion thereof is made available for any fee, you will be required to provide fetchr information regarding your credit card or other payment instrument. You represent and warrant to fetchr that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you arrange for shipment, all charges for the shipment and any additional fees payable to fetchr (“Charges”) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize fetchr to bill your payment instrument for Charges in accordance with this TOS. Except as otherwise agreed by the parties, all charges, fees, or surcharges shall be those in effect at the time of shipping, available either via email, on the Site or in-app. The applicable Charges will be based upon the characteristics of the shipment actually tendered to us. If you dispute any Charges you must let fetchr know within sixty (60) days after the date that fetchr bills your payment instrument, failing which you shall be deemed to have accepted the Charges. We reserve the right to change fetchr’s rates. If fetchr does change any of its rates, fetchr will post the new rates with respect to the Services, effective as of the posting date. Your continued use of the Services after any price change becomes effective constitutes your agreement to pay the changed amount.
5.2. Users are responsible for providing accurate and complete shipment information to fetchr, including service selected, number, weight, and dimensions of shipments. If any aspect of the shipment information is incomplete or incorrect as determined by fetchr in its sole discretion, fetchr may adjust Charges at any time. Fetchr reserves the right to check the characteristics of the shipment and change the prices accordingly and unilaterally.
5.3. You may not remove or export from the UAE or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the UAE or any other applicable laws.
6. Social Networking Services.
7. Representations and Warranties.
You represent and warrant to fetchr that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow fetchr to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Services, and fetchr’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older, or you are thirteen (13) years of age and older and have obtained the consent of your parent or guardian to use the Services.
You have the right to terminate your account at any time by sending a cancellation request to [firstname.lastname@example.org]. Subject to earlier termination as provided below, fetchr may terminate your account and this TOS at any time by providing thirty (30) days’ prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, fetchr may also terminate this TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOS. Also, fetchr may terminate this TOS immediately without notice if you violate any provision of the AUP, as determined in fetchr’s sole reasonable discretion. fetchr reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, fetchr may store all of Your Content on the Services (if any), or it may be permanently deleted by fetchr, in its sole discretion. If fetchr terminates your account without cause and you have signed up for a fee-bearing service, fetchr will refund the pro-rated, unearned portion of any amount that you have prepaid to fetchr for such Services. However, all accrued rights to payment shall survive termination of this TOS.
9. DISCLAIMER OF WARRANTIES.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by fetchr or by third-party providers, or because of other causes beyond our reasonable control, but fetchr shall use reasonable efforts to provide advance notice on the Site or by email of any scheduled service disruption. HOWEVER, THE SERVICES, INCLUDING THE SITE, SOFTWARE AND CONTENT, AND ANY SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND FETCHR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT FETCHR DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SOFTWARE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM FETCHR OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
10. LIMITATION OF LIABILITY.
10.1. EXCEPT AS PROVIDED IN SECTION 13, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL FETCHR BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE LAST SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR, IF NO FEES APPLY, FIVE HUNDRED UNITED ARAB EMIRATES DIRHAMS (AED 500.00). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
You shall defend, indemnify, and hold harmless fetchr from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Services. fetchr shall provide notice to you of any such claim, suit or demand. fetchr reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting fetchr’s defense of such matter.
fetchr always recommends that you have your own shipping insurance. However, subject to the terms below, fetchr will reimburse you for actual loss of or damage to any shipment while in fetchr’s Possession (as defined below) up to a maximum reimbursement of AED 500 per shipment. However, for clarity, any reimbursement hereunder may not exceed the total value of the original shipment. For purposes hereof, an item shall be deemed to be in “fetchr’s Possession” from the point fetchr collects the item from you until the item reaches the end destination via one of our mailing partners. Any insurance must be purchased separately from an insurance provider. If a shipment is lost or damaged while in fetchr’s Possession, you may file a claim with fetchr for reimbursement. All claims must be initiated within [30 days] of the mailing date by contacting us at [email@example.com] where we will provide more details on how to file a claim. The original receipt of the shipping label and an image or photograph of the damaged item may be required when filing a claim. If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and packing must be available to us for inspection. Written documentation (such as a receipt) supporting the amount of a claim will also be required. All supporting documentation must be submitted within 30 days of claim initiation (60 days of mailing date) of the mailing date.
13. Governing Law & Jurisdiction.
You agree that this TOS, and any disputes or controversies arising in connection therewith, shall be governed by the laws of the United Arab Emirates, and that the courts of the United Arab Emirates shall be the sole competent authority for the resolution of any such dispute or controversy.
You may not assign this TOS without the prior written consent of fetchr, in which case, fetchr may charge a transfer fee. fetchr may assign or transfer this TOS, in whole or in part, without restriction.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind fetchr in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Please contact us at firstname.lastname@example.org