Quiqup Delivery Services Term & Conditions 11.04.2022

2.1 These Conditions, together with our Privacy Policy (https://www.quiqup.com/privacy-policy) tell you how we provide, and how you may use the Services. 

2.2 In order to use the Services, we must first create a user account for you on our Quiqdash Dashboard. By using the user account, you acknowledge and accept these Conditions in full. Other than these Conditions, no other terms and conditions shall be acceptable unless and until specifically authorized and agreed to by us in writing. 

Subject to your compliance with your obligations set out in these Conditions, we agree to use commercially reasonable efforts to provide and make the Services available to you. 

We may make changes to the Services, these Conditions, or the Fees by providing you with a thirty (30) days notice. Any changes will be notified to you by email to the email address on the Front Page. By continuing to use the Services after we notify you of any such change, you thereby accept and agree to the changes and/or increase in the Fees stated within such notice.  

5.1 In consideration of our provision of the Services, you shall pay to us all Fees set out or referred to in these Conditions. 

5.2 All Fees for the Services set out or referred to in these Conditions, shall be invoiced to you on the first (1st) and sixteenth (16th) of every month, and will be payable by you through wire transfer, cash or cheque, within seven (7) days from the invoice date. We will provide our bank account details for the transfer with the applicable invoice. 

5.3 In the event that Quiqup collects payment on your behalf from Recipients, those will be invoiced and processed to you on the first (1st) and sixteenth (16th) of every month. Quiqup is only liable to collect and return the sum of the payments inputted by you on Quiqdash or pushed to us via the Integrated API’s, for the respective period.

5.4 We shall only be required to collect payment if necessary, and facilitate collection and delivery of Collected Items through the Services from or to locations within Dubai. If we collect payments on your behalf from Recipients we are entitled to deduct the appropriate payment handling fee set out in Schedule 3 from the amount collected from the Recipients for the respective Booking prior to settling the balance of the amount collected in accordance with clause

5.5 You agree that we may set off any amount owed by us to you, against any amount owed by you to us. This will be clearly set out in the invoice or through other communications sent by us to you. 

5.6 If any taxes (including but not limited to value added tax and any other taxes imposed by the Government on the Services), customs duties, deductions or charges are payable by or imposed on us or may be chargeable in connection with the Services, you shall pay these and/or we shall have the right to charge you a sum equivalent to such taxes, customs duties, deductions and/or other charges.

6.1 To request a booking for a Carrier, you must submit your request either (i) via the Quiqdash Platform or (ii) via the Integrated APIs (as applicable) and provide us with all of the information requested by us in order to be able to provide you with the Services. 

6.2 You will be notified when your Booking has been accepted and a Carrier has been assigned to your request. You may only cancel or reschedule your Booking through the Quiqdash Platform or the Integrated API’s (as applicable) in accordance with the cancellation terms set out in Schedule 2. 

6.3 We will use commercially reasonable efforts to meet the Service Levels set out in Schedule 2, however, we shall not be liable for any failure to meet them. 

6.4 You must immediately notify us of any event which may reasonably reduce demand for the Services, including unavailability of your website or mobile application or your inability to connect with our systems. If such event continues for more than twenty-four (24) hours after notification to us, we shall be entitled to suspend the provision of the Services until twenty four (24) hours after you have notified us that the event has ended (and it has, in fact, ended). 

6.5 You shall notify us in writing, at least seven (7) days' in advance, of any upcoming marketing campaigns created and/or run by you which may increase the demand for the Services. If you fail to do so, you acknowledge that we are unlikely to be able to achieve the Service Levels.

7.1 Where you are using the Services to deliver 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 Carrier. 

7.2 Collected Items may not include:

7.2.1 counterfeit goods, products or items that are illegal, guns or weapons, living organisms or animals, medical waste, bullion, precious stones, currency, explosives, ammunition, human remains, ivory, narcotics, etc.;

7.2.2 or goods, products or items which have been classified as hazardous, dangerous, prohibited, illegal and/or restricted. 

7.3 We reserve the right (directly or via our Carrier) to inspect any and all Collected Items if we suspect that they might be in breach of Clause 7.2 of any other terms of the Contract. 

7.4 We may in our sole discretion reject a Booking request placed by you without the need to give any reason. We may do this, for example, if the Booking is requested for a delivery zone that we do not deliver to or if we suspect that the Booking request or the goods or products that you have requested to be collected using the Services are not in accordance with these Conditions (including but not limited to Clauses 7.2 and 9.1). 

7.5 You are responsible for preparing and packaging the Collected Items in a form suitable for collection, transportation and delivery by the Carrier. The Carrier will deliver the Collected Items to the applicable address you provide however, should such address be invalid or otherwise incorrect, the provisions of Schedule 2 shall apply.

7.6 We shall not be liable or held responsible for any damage to delicate or fragile goods transported during the Services.   

7.7 We impose restrictions on the weight and dimension of items that can be transported by each mode of transport of the Carrier. The restrictions for scooters are up to 10 Kg & L43cm x W43cm x H43cm and other forms of transport can be provided upon request. 

8.1 Subject to these Conditions, we (or our licensors, as applicable) retain ownership of the Service and its associated Intellectual Property Rights (including but not limited to those in the Quiqdash Dashboard and the Integrated APIs). To the extent necessary for the delivery of the Services, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, free of charge right to use such Intellectual Property strictly for the Term and solely for your own personal, non-commercial use as necessary to receive the Services. For the avoidance of doubt, all rights we do not specifically grant to you in these Conditions, have been and 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 Services (including but not limited to those in the Quiqdash Dashboard and Integrated APIs) 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 interoperability of the Services with another software program, and provided that the information obtained by you during such activities:  

8.2.1 is used only for the purpose of achieving interoperability of the Services with another software program;  

8.2.2 is not unnecessarily disclosed or communicated without our prior written consent to any third party; and  

8.2.3 is not used to create any software or service that is substantially similar to the Services.

8.3 You shall cease using the Intellectual Property upon termination or expiration of the Services.

9.1 You represent, warrant and undertake:  

9.1.1 that you will not use the Services for any illegal purpose or in any way that interrupts, damages or impairs the Services;  

9.1.2 not to use the Services to deliver any item that is hazardous, dangerous, illegal, restricted or intended only to annoy or abuse other users or third parties (including us or our Carriers);  

9.1.3 to comply with any terms of service that apply between you and the Carrier that transports your item (as may be notified to you); 

9.1.4 not to use the Services 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; 

9.1.5 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 nor allow any other person to use or access your account without your express prior authorization; 

9.1.6 not to use the Services to deliver items outside the agreed delivery zones as set out in Schedule 2; and

9.1.7 you will perform your obligations under these Conditions, including preparation and packaging of Collected Items for delivery, with due care and skill and in accordance with industry standards. 

9.2 We warrant that we will perform our obligations under these Conditions with due care and skill and in accordance with industry standards. However, the Services are provided on an "as-is" basis.    Except as expressly provided in these Conditions, we make no warranties, express or implied, with respect to the Services or deliverables to be provided. All warranties, conditions and other terms implied by statute or common law (including but not limited to fitness of purpose or merchantability) are hereby expressly disclaimed and excluded to the fullest extent permitted by law.

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 redirect that complaint to you.

10.2 If you have a complaint about the Services please send email to support.dubai@quiqup.com with any Booking number if relevant.

Save for your obligations to make payment for due and outstanding Fees, neither party will be liable for a failure or delay in performing its obligations under these Conditions 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. Should such an event continue for more than fourteen (14) days, either party will be entitled to terminate the Contract immediately by providing written notice to the other party.

12.1 The Disclosee expressly undertakes to retain in confidence all information transmitted to it by the Discloser that has been designated as proprietary and/or Confidential Information and/or by the nature of the circumstances surrounding its disclosure, ought in good faith to be treated as proprietary and/or Confidential Information, and agrees to keep such information confidential and shall not use or disclose such information other than as is necessary to perform its obligations under these Conditions or unless authorised to do so by the Discloser in writing.   

12.2 Notwithstanding Clause 12.1, the Disclosee may disclose the Discloser's Confidential Information as required by law and we may always make use of or disclose to third parties such information as may be necessary for the purposes of performing our obligations under these Conditions. 

12.3 If the Disclosee discloses the Discloser's Confidential Information to its employees, directors, contractors or agents, the Disclosee shall ensure that the person(s) to whom such information is disclosed, are aware of the confidentiality provisions of these Conditions and only use the information for the purposes for which it was provided. You shall accept full responsibility for such persons and hereby agree to indemnify and hold us harmless for any and all breaches of the same.

12.4 Each party acknowledges that the Confidential Information shall remain the property of the Discloser and no right or license whatsoever, express or implied, is granted to the Disclosee pursuant to these Conditions in respect of any Intellectual Property now or hereafter owned or controlled by the Discloser. The Disclosee shall, and shall procure that its employees, directors, contractors or agents shall, cease using the Confidential Information of the Discloser upon the termination or expiration of the Contract.

12.5 All Confidential Information, together with any copies thereof, shall, upon the request of the Discloser, be returned or destroyed as may be instructed by the Discloser. Notwithstanding the foregoing, we may retain copies of Confidential Information for the purposes of and for so long as required by any law or by judicial or administrative process or our legitimate internal compliance issues.

13.1 In this Clause 13, "controller", "process", "processor", "data subject" and "personal data" shall have the meaning given to them in the Data Protection Act 2018. 

13.2 The parties acknowledge and agree that they are each controllers of personal data where a Recipient is a data subject ("Recipient Data"). Each party will ensure that it complies with the Data Protection Law and/or any other applicable laws (as appropriate), in full, whenever Recipient Data is processed by them and/or on their behalf by a data processor.

13.3 You will ensure that a clear and unambiguous notice which is compliant with the Data Protection Law and/or any other applicable laws (as appropriate), 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. 

13.4 For more information on how we use personal data, please see our Privacy Policy.

14.1 This Contract shall commence on the date of signing on the Front Page and shall remain in effect for the Term, unless terminated earlier in accordance with these Conditions. 

14.2 We reserve the right to suspend, restrict or terminate your access to the Services at any time without notice if we have reasonable grounds to believe you have breached any of your obligations set out in these Conditions. We will not however be liable for any non-performance of the Services or for any loss, damage or inconvenience of whatsoever nature suffered by you as the result of the suspension, restriction or termination of the Services pursuant to this Clause.

14.3 Suspension, restriction or termination of your access to the Services will be without prejudice to any other rights and remedies which we may have accrued prior to the date of suspension, restriction or termination, including but not limited to, our right to take other legal action against you.  

14.4 Either party may terminate the Contract upon thirty (30) days’ written notice to the other party. In such an event, we may close your account with us. 

14.5 All outstanding payment obligations in relation to the Services shall survive termination of these Conditions.

15.1 Our total aggregate liability in relation to loss, destruction or damage to Collected Items (taken together) caused by our breach of contract, tort or negligence or that of a Carrier is limited to the cash value of the Collected Items but shall in no event exceed AED150. 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 Our total aggregate liability under or in connection this Contract, whether in contract, tort (including negligence), statute or otherwise for loss or damage not covered by Clause 15.1, is limited to the lesser of (i) AED500; and (ii) the total Fees paid or payable to us in the two (2) months preceding the event giving rise to the liability.  

15.3 Neither party shall be 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 Notwithstanding anything in these Conditions to the contrary, nothing in these Conditions 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 You shall be solely responsible for, and shall defend, release, indemnify and hold us harmless against any and all Claims arising from or related the following:

15.5.1 your negligence, wilful misconduct or breach of these Conditions or any applicable laws or regulations;

15.5.2 the contract of sale between you and the Recipient;

15.5.3 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; 

15.5.4 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/or

15.5.5 The Collected Items are damaged, inadequate, poor quality or otherwise not fit for purpose.

16.1 You acknowledge and accept that your access to the Services are dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Services may be subject to limitations, delays and other problems inherent in the use of such networks and facilities.    

16.2 We give no warranty that your use of the Services 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 Services.

If you need to contact us, please email support.dubai@quiqup.com.

18.1 Unless otherwise agreed in writing, all notices under these Conditions shall (i) for any notices to be served on us by you, be given in writing and posted to the details on the Front Page; or (ii) for notices to be served on you by us, be emailed or be given in writing and delivered or posted to the details on the Front Page (as such updated email address or postal address specified by you in your user account).   

18.2 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Conditions to any company, firm or person. You may not subcontract, assign, novate or otherwise deal with your obligations or interests under these Conditions without our prior written consent.  

18.3 A provision of these Conditions or right, power or remedy created under it may not be varied or waived except in writing signed by the party to be bound. 

18.4 No waiver of any breach of these Conditions shall constitute a waiver of any other breach of the same or other provisions of these Conditions. 

18.5 If any part of these Conditions 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 Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law. 

18.6 This Contract comprises 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. 

18.7 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 this Contract in respect of which its sole remedy shall be for breach of contract. 

18.8 These Conditions shall be governed by the law of Emirate of Dubai and each party agrees to submit to the exclusive jurisdiction of the courts of Dubai International Financial Centre.

1. General

a. Quiqup opening hours: 9.00 am to 10 pm

b. Mode of payment: cash or card on delivery

c. Quiqup to reconcile cash on a bi-monthly cycle
Our Services will shut down from December 31st at 3pm and resume at 12pm on January 1st of thefollowing year.

2. Services Options

a. “Same Day” Services:  for delivering the Collected Item within the same day of your customer ordering them;  dubai.

b. “Next Day” Services:  for delivering the Collected Item within the next day of your customer ordering them;  other emirates

c. "4 hours" Services: for delivering the Collected Item within 4 hours of your customer ordering them;  dubai.

3. Delivery Service Levels

a. Quiqup will attempt three deliveries per shipment.

b. Second attempts will be scheduled by Quiqup customer service team

c. Refused, rejected, and undelivered shipments are chargeable

d. Quiqup will hold the parcel for the aging period of 7 days in our Warehouse (21 degrees Celsius). 

e. When shipment has been validly attempted at least twice within 7 days, then shipment will be returned to origin.

4. Waiting Times at the Pickup Location

a. Our Carriers will only wait for up to fifteen (15) mins at the pick-up location for Collected Items.  

b. If our Carrier has been waiting at the pick-up location for fifteen (15) minutes or more, we will have no obligations to try and meet the above Service Levels.

5. Waiting Times at the Recipient

a. Our Carriers will only wait for up to fifteen (15) mins at the delivery location for the Recipient.  

b. If a Recipient is unavailable to take possession of the Collected Items within fifteen (15) minutes, the Carrier will return the Collected Item to where it was collected from and we will be entitled to charge you the relevant Fees as if the delivery had been completed and fifteen (15) dirhams as a result of the Carrier returning the Collected Item to where it was collected from.

6. Cancellation or Rescheduling

a. If a Carrier has not yet been assigned to your Booking by the time you request to cancel or reschedule it, you may cancel or reschedule your Booking without charge. 

b. if a Carrier has already been assigned to your Booking and has either (i) already arrived at your collection location or (ii) the Booking was made more than fifteen (15) minutes before you request to cancel or reschedule it, you will be charged the relevant Fee as if the delivery had been completed. 

c. If a Carrier cannot complete a delivery due to an incorrect address, the Collected Items exceeding the weight and/or dimension restrictions for the mode of transport selected, and/or for any other reason, the Booking will be cancelled, and you will be charged the relevant Fee as if the delivery had been completed. 

1. Delivery fee  

• 4-hour with the same Emirate - AED 30.00 
• Same Day within the same Emirate - AED 22.00
• Same Day to other Emirates - AED 24.00
• Next Day within the same Emirate – AED 20.00
• Next Day to other Emirates - AED 22.00
• Returns within the same Emirate - AED 20.00
• Returns to other Emirates - AED 22.00

2. Payment handling fees:  

2.5% of the order value for all cash and card payments collected by us as part of the Services

3. Tax

Delivery fees are exclusive of GPA tax and VAT .