[User of “Hjm” Website and Application]
Terms & Conditions:
“Hjm Technology Company”, a Saudi limited liability company, incorporated and listed under the Saudi Companies Law, duly licensed by the Public Transport Authority under license No. (1155062681), dated 06/02/1441 A.H (License of Electronic Freight Broker’s Activity), within the Kingdom of Saudi Arabia. The Company is also the owner of the electronic application (Hjm), practicing business in electronic brokerage of freight between Shipper, beneficiary of service, and Carrier, the service inside the Kingdom of Saudi Arabia.
In cooperation with Al-Etihad Insurance Co., Hjm shall provide a free insurance of SAR 3,500,000 (Three Million, Five Hundred Thousand Saudi Riyals) as a maximum value for the transported shipment, including storage of the same for fourteen (14) days and re-loading at a cost not exceeding five (5) thousand Saudi riyals for all freight operations implemented via (Hjm) as a maximum. To learn more about all conditions of the insurance policy, kindly refer to the following link: (Info@tui-sa.com)
The following terms shall have the same meaning ascribed hereunder thereto unless the context requires otherwise.
“User”: Means all persons registered in Hjm, whether a practitioner, trader, or a legal person or an individual one.
“Shipper”: Means the freight applicant having legal or individual personality.
“Service Provider”: Means the trader or practitioner.
“Carrier”: Means the service provider having a legal or individual personality, such as a trader or practitioner, and is deemed the owner of the means of freight.
“Electronic Broker”: Means Hjm Technology Company, the owner of (Hjm) application.
“Means of Freight”: Any means of transportation used to carry shipment and equipment by land, air, and sea.
“Insurance Company”: Means Al-Etihad Insurance Co.
- The user undertakes that all information uploaded, and documents submitted on its own account shall be true, complete and accurate. The user shall also update information on its account in case of any change made there, while (Hjm) shall reserve its right to freeze the account if any of the documents uploaded expire, keeping into mind the user’s rights. (Shipper’s / Carrier’s responsibilities).
- The user must verify that the services provided through (Hjm) shall satisfy their specific requirements before performing any operation thereof.
- The user shall have the right to use (Hjm) services, except in the following cases (including but not limited to):
- Sending or receiving any materials violating the laws and public order of all forms and types whatsoever.
- Sending or receiving any materials breach the copyright, personal rights or any other rights prescribed by laws.
- Sending or receiving any materials for which the user has not obtained all the necessary licenses or approvals (either from us or from third parties).
- Sending or receiving any technologically malware materials (including computer viruses, malware or other malicious data).
- Intercepting or attempting to intercept any communications transmitted through the communication system.
- Using the application for any purpose other than the purpose to which it has been designed or intended for.
- Using the application for any fraudulent purposes.
- Violating the widely accepted internet practices of any connected networks.
- Committing any act that would cause or impose a significant, unreasonable or disproportionate burden on the application’s operation policy.
- The user shall not allow any other person to carry out the following:
- Reselling any of (Hjm) services.
- Providing fraudulent data.
- Penetrating the user’s unauthorized data, or logging into an unauthorized server or account.
- Implementing any form of network monitoring that would intercept the user’s unauthorized data.
- Engaging in fraudulent transactions with us or with any service provider.
- Obtaining or phishing data from the mobile application.
- Participating in a banned activity using (Hjm) application. Participating in any behavior that would prevent any other customer from using (Hjm) application.
Scope of License:
Hjm shall grant a non-exclusive license of use to users, however, the user shall not be entitled to do any acts including but not limited to:
- Providing, renting, reselling, redistributing or re-licensing the services to any third party.
- Modifying, editing, translating, summarizing or creating a sub-work that would separate or implement reciprocal engineering for the design of (Hjm) platform, or identifying, attempting to identify, accessing the source code or the interior design of services or any text or multimedia images (images or audio / video files), data or other information that is provided by (Hjm) or a third party of service providers.
- Deleting, changing or making any modifications to copyright or other formal notices provided in the services.
- Transferring or distributing the services with the intention of permitting the downloading of services for other uses.
- Sharing username, password or other details used to access (Hjm) services.
- Providing, sending, receiving, or storing any illegal materials.
Breach of Freight Policy:
Hjm shall reserve the right to seek to repair and rectify any breach of the freight policy, including the right to prevent access to (Hjm) services.
Intellectual Property Rights:
- All written content, information, photographs, illustrations, artwork and other graphic materials, names, logos and trademarks on the mobile application shall be protected by copyright laws and other international laws and covenants, while the we own and possess the same. The users shall not be entitled to copy, reproduce, resend, distribute, publish, sell, broadcast or circulate these works, logos, graphics or audios or images, in whole or in part, without obtaining the prior consent.
- Hjm shall reserve its right to initiate all proceedings against any unauthorized use of trademark, our name or our symbols to preserve and protect its rights in this matter. In addition, all rights shall, which are not explicitly granted herein, be reserved. Other product and companies’ names contained herein may be trademarks owned by their respective owners.
- Hjm shall reserve its right to impose new fees on the use of the platform and/or the service, if (Hjm) so decides. In case of a new fee being charged and imposed, Hjm shall notify the users of the same and such option shall be available to either continue or terminate the “Use Agreement”. In case of that the user continues to use Hjm services, this means that it agrees to any new fees.
- The user shall pay the price of services in cash, by credit cards or by any method (Hjm) accepts and deals with immediately once the service is provided to it. The user shall solely bear the legal responsibility resulting from the non-payment of the price of services and procurement once they are received.
- In case of the price payable to the provided service is not paid, or if the procurement is not received by the service provider, (Hjm) shall have the right to freeze the customer, keeping into mind that (Hjm) shall not remove such freezing until the service fees payable are paid.
Refund and Cancellation Policy:
The user shall comply with the cancellation policy and the resulting deductions for the paid amounts; the same shall be according to the following:
- Refund policy in case of cancellation of the mission (four hours) before starting:
In case of the Shipper is wishing to cancel the mission four (4) hours before the starting, the full amount paid to the Shipper shall be refunded.
- Refund policy in the event of cancellation of the shipment (before the starting) and during the mission:
- Cancelling the shipment within four (4) hours from the creation of the request because no vehicle shall be made available by the electronic broker, Hjm, and the mission condition shall be pending in the system; the full amount shall be refunded to the Shipper.
- In case of cancelling the shipment before the Carrier heads to the location of loading; (10%) ten percent shall be deducted from the mission value and the remaining paid amount shall be refunded.
- In case of the Shipper cancels the mission after the driver reaches the location of loading; (20%) twenty percent shall be deducted from the shipment value and the remaining paid amount shall be refunded.
- In case of the Shipper cancels the shipment after the driver started the loading stage; (30%) thirty percent shall be deducted from the shipment value.
- In case of the Shipper cancels the mission after the driver across a distance less than (25%) of the entire mission distance; (50%) fifty percent shall be deducted from the mission value and the remaining paid amount shall be refunded.
- In case of the Shipper cancels the shipment after the driver across a distance more than (25 to 50%) of the entire mission distance; (100%) one hundred percent shall be deducted from the shipment value.
- In case of the Shipper cancels the mission after the driver across a distance of (50%) of the entire mission distance; the entire fare of the mission shall be calculated and after which a new driver (or the same driver) shall be appointed for the new location and entire new mission fees shall be calculated for the new destination or to return it to the first loading location.
The user shall agree and acknowledge to indemnify and hold (Hjm) harmless against all legal expenses incurred as a result of initiating the lawsuit, whether as a plaintiff or defendant due to a result of
- The use of the services account;
- Any third party has used the services account by the user ID or verification PIN or any identification number designated by the company; or
- The responsibility arising among the Carrier, the Shipper and the shipment receiver shall not, in any way, include the electronic broker (Hjm). The responsibility of (Hjm) shall, as an electronic broker, be limited between the Parties only; any damage resulting to the parties due to delay in receiving, delivering, losing or damaging the shipment in part or in whole, (Hjm) shall not assume the legal responsibility.
- The information, recommendations, services or any of them provided to the user on or through the website, service and platform shall be for general purposes only, and shall not represent any advice. In addition, Hjm shall, as much as possible, maintain the validity and updating of the site and the platform and its contents from time to time, without prejudice to its legal responsibility. (Hjm) shall not assume the responsibility that the content of the site or application is free from errors, defects, malware and viruses, and shall not ensure the validity, accuracy and updating of the website and application.
- Any damages resulting from the use (or inability to use) or downloading (Hjm) application, (Hjm) shall not be responsible thereof, including the damages caused by malware or viruses, as well as (Hjm) shall not be responsible for the invalidity nor incompleteness of information and website nor platform, unless this damage is caused by intentional misconduct or by gross negligence by (Hjm).
- The responsibility for the quality of services required by using the platform or the entire service rests with the Carrier who ultimately provides the service to the user. (Hjm) shall not, under any circumstance, assume any responsibility related to the services provided or arising from the Carrier, nor shall it not assume the responsibility for any acts, conducts, behavior, or negligence, in legal or governmental terms or all of the foregoing, by the service provider; then, any complaints regarding the services shall be submitted to the service provider.
Limitation of Liability:
- Mobile applications, services and information related to the application and the use of all related facilities shall be provided based on the principle “as available and provided”, without any explicit or implicit guarantees.
- In case of service non- availability for the application for any reason, (Hjm) did not guarantee the continuation of the application, free from errors or free from computer viruses or other malware.
- Although we make utmost efforts to add accurate and updated information on our electronic platforms, we shall not provide any guarantees or representations regarding its accuracy, timeliness or completeness.
- Any default or negligence by any third party, whatever its cause, and resulted in direct, indirect, incidental, special, or consequential or punitive damages, resulting from the use of (Hjm) application and services provided in the mobile application, the users’ access to, using or inability to use the mobile application or the services provided in (Hjm) application, or relying on or downloading the mobile application or services, or any delay or inaccuracy in the information or its transmission, including but not limited to damages resulting from the loss of work or profits, usage, data or other intangible things, even if we are informed of the possibility of occurring such damages.
- In case of any direct or indirect losses or damages to the user arising from the use of the application, (Hjm) shall not assume any legal responsibility (whether contractual liability / tortuous responsibility) arising from (negligence or default or breach of a legal duty) taking into account what has been stipulated in Regulations on (responsibilities and duties of freight broker) which includes loss or damage, including but not limited to, loss of revenues, expected profits or savings, business, data loss, and material or moral damages and losses.
- Despite our efforts made to ensure that our system is safe, the user shall acknowledge that all electronic data transfers may be intercepted by third parties. We cannot and do not guarantee that data transfers shall, according to the mobile application or email transmitted to and from us, not be monitored or accessed by third parties.
The user shall acknowledge that it shall solely be responsible for the privacy of the services and shall be solely responsible for its use by anyone else using its account and / or username or password, or its access credentials. The user shall also agree to notify (Hjm) if it is, or becomes, aware of any loss, phishing, or unauthorized use of any password, username, IP address, or other methods of accessing the services.
Dealings with Third Parties:
While using the website, platform and service, it may, from time to time, provide links to websites owned and controlled by third parties in order to correspond with third parties, buy services therefrom, or participate in the promotional proposals submitted by it; these links shall take the user out of the application and be beyond the control of (Hjm).
Term and Termination:
The “Conditions of Use” Agreement’s term signed between the user and Hjm shall be indefinite, and the user shall be entitled to terminate the use at any time by conclusively deleting the application being installed on the user’s smartphone, thereby disrupting your use of the application and the service, and it can close its user account at any time. Such cancellation of the account shall be made by (Hjm) and to receive the confirmation of cancellation. This shall, in any way, not imply the forfeit of the financial claims payable during the period of utilization of Hjm services
Hjm shall have the right to terminate this Agreement with immediate effect at any time (by disrupting the user’s use of the platform and the service), in case of the user commits any of the following:
- Violating or breaching any of the conditions of the user.
- In case of (Hjm) deems that the user is misusing the platform or service, while (Hjm) shall not be obliged to send a prior notice of termination of this Agreement. This shall, in any way, not imply the forfeit of the financial claims payable during the period of utilization of Hjm services and financial claims in case of disruption.
If any of the provisions of the existing “user conditions” is invalid or unenforceable, it shall not affect the validity of the other provisions provided for herein. In case of that there is any invalid provision in the existing user’s terms or a rejected provision in certain circumstances in accordance with the criteria of reasonableness and justice and only to this extent, it shall be substituted under an agreement between both Parties by an acceptable provision in observance of all conditions and conforms to the provisions of the invalid condition as much as possible, taking into account the content and purpose of “the present user’s conditions”.
Amendment of Service and User Conditions:
Hjm shall be entitled to make periodic amendments to the contents of the mobile application, including descriptions and prices of the advertised shipment and services, at any time and Hjm shall not assume any responsibility for any errors or omissions in the content of the mobile application. We, from time to time and without notice, shall reserve the right to amend these terms and conditions of use. The revised terms and conditions of use shall be published on the mobile application and shall enter into force as of the date of being published. In addition, the user shall be advised to review these terms and conditions periodically because they are binding on the user.
Applicable Law and Dispute Resolution:
These “User Conditions” shall be governed by the laws in force and applicable in the Kingdom of Saudi Arabia. Any disputes shall, arising out of or in connection with these User Conditions or any violation of, termination, implementation, interpretation, validity, or use of the website, service or platform, be referred to arbitration tribunal in Jeddah to be decided on according to the Saudi Arbitration Law promulgated by the Royal Decree No. (M / 34) dated 25/05/1433 A.H and its Executive Regulations promulgated by the Supreme Council of Minister’s Resolution No. (541) dated 26/08/1438 A.H.