Welcome to iCARRY

 

Thanks for using our products and services.

 

The Services are provided by iCARRY Group Holding Ltd. a company incorporated and registered under the laws of the Abu Dhabi Global Market, with registration number (000006495) and whose registered offices are at DD-14-124-027, 14th Floor, Al Khatem Tower Wework Hub71, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates (“iCARRY”) whereby iCARRY owns 100% shares of (i) iCARRY SAL (Registered number 1025152, Lebanon) (“iCARRY SAL”) (ii) iCARRY Ltd (Registered number 11985514,UK) (“iCARRY UK”),  (iii) iCARRY Courier Portal LLC (Registered number 1023462, UAE) (“iCARRY UAE”), and (vi) iCARRY Courier Company for Import and Export LLC (“iCARRY Kuwait”) (iCARRY, iCARRY SAL, iCARRY UK, iCARRY UAE and iCARRY Kuwait referred to collectively with any other affiliate, subsidiary, sister company or associated company of iCARRY as the “Group”, “we”, “us”, “our”).

 

By using our Services, you are agreeing to these terms and conditions (the “Terms” or the “Terms and Conditions”) and you acknowledge, represent, warrant and consent to comply with all applicable domestic and international laws and regulations with regards to your use of this Platform.

 

Please read the Terms and Conditions carefully before using the website http://www.icarryapp.com or website https://www.icarry.com and the mobile application entitled iCARRY (the “Platform”) operated by iCARRY Group.

 

  1. DEFINITIONS

The following definitions and rules of interpretation apply in this Agreement.

“Affiliate” means, in relation to any person, a Subsidiary of that person or a Holding Company of that person or any other Subsidiary of that Holding Company.

 

“Carrier” shall mean any courier, delivery or logistics partner and/or any other carrier we may sign an agreement with from time to time.

 

“Confidential Information” shall mean, this Term and Conditions, or any other information not known to the public that is used, developed by iCARRY and/or any member of its Group and/or related to their business and services, including but not limited to: (1) services and accreditation mechanism; (2) business plans, pricing mechanisms; (3) pictures and reports; (4) Computer and mobile phone software, including operating systems, applications and software regulations; (5) graphics, lists and documents; (6) customer database and any other database; (7) accounting and business mechanisms; (8) inventions, tools, new developments, work equipment and processes, whether or not a patent document has been obtained or not, and whether or not it is applied; (9) trade secrets; and (10) any similar or related information;

 

“Consignment” shall mean the entire contents of a box, parcel, package, carton, or similar container and any other object or thing that is moved, handled, or stored by the Customer and which are subject of a Delivery Instruction to the Carrier and/or COD amount pick up as part of the Services.

 

“Delivery” the transfer of physical possession of a Consignment to the Consignee or to the Consignee’s order.

 

“Delivery Instruction” means a written instruction from the Customer to deliver Goods to an End-User.

 

“End User” shall mean the person to whom the Customer instructs iCARRY (including as may be set out or processed in iCARRY’s database) to deliver a Consignment.

 

 

“Goods” Shall mean the goods delivered by our Carriers and as described in Section 7 of this Terms and Conditions.

 

  • “Group” means in relation to a person, that person, any Affiliate, Subsidiary or any Holding Company from time to time of that person, and any Subsidiary or Affiliate from time to time of a Holding Company of that person. Each company in a Group is a member of the Group.

 

“Holding Company” means, in relation to a person, any other person in respect of which it is a Subsidiary.

 

“Intellectual Property” Shall mean any intellectual property rights, including but not limited to, iCARRY Platform, Services, trademarks, patents, copyrights, technologies, intellectual rights, database rights, innovation and confidential information in every case whether recorded or not, combined with any requests to guarantee any of these rights, as well as with all rights or protections that have the same or the same effect on any of the outputs owned by iCARRY or any member of its Group or used or linked to any relationship with this Agreement, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

“Payment” Shall mean the receipt of funds with good value in our account in full settlement of any liability of you hereunder.

 

“Payment Due Date” Shall mean the value date.

 

“Settlement Currency” Shall mean the currency in which we paid the Carrier or any other entity any amount due by us resulting from your use of our Service.

 

  • “Subsidiary” means any person (referred to as the “first person“) in respect of which another person (referred to as the “second person“) holds a majority of the voting rights in that first person or has the right under the constitution of the first person to direct the overall policy of the first person or alter the terms of its constitution; or has the power (whether by way of ownership of shares, proxy, contract, agency or otherwise) to exercise, or actually exercises dominant influence or control over the first person, and, for the purposes of this definition, a person shall be treated as a member of another person if any of that person’s Subsidiaries is a member of that other person or if any shares in that other person are held by a person acting on behalf of it or any of its Subsidiaries.
  • “You” and “Your” shall mean someone who registers, accesses, browses, crawls, scrapes, or in any way uses our Services.

 

  1. PURPOSE

 

These Terms and Conditions intend to define the contractual relationship between us and you, the obligations of each party and the conditions applicable to any Service provided on our Platform.

 

By accessing and using our Platform, you accept and agree to abide by the provisions of these Terms and Conditions. In addition, when using this Service, you shall be subject to any posted guidelines or rules applicable to such services as amended by us from time to time. Any participation in this Service will constitute acceptance of these Terms and of the rules and regulations.

 

All members on our Platform should be able to form legally binding contracts. Therefore, by using this Platform and accepting our Terms and Conditions, you acknowledge that you are at least 18 years old prior to becoming a member on this Platform and have the requisite power and authority to enter these Terms. We reserve the right to restrict or revoke any Account on this Platform if we believe that the member is under 18.

 

We reserve the right to amend or alter these Terms and Conditions at any time, at our sole discretion, and your continued use of our Platform will entail your acceptance of any adjustment to these Terms. You are therefore advised to re-read this statement on a regular basis.

 

  1. SCOPE AND NATURE OF OUR SERVICES (the “Services”)

 

iCARRY is an e-logistics platform with an innovative multi-carrier logistics solution orchestrating the delivery chain between business Customers and Carriers to provide a seamless and exceptional first/last mile delivery experience to Customers and End-Users, and empowering business growth through AI technology.

 

We are not a last-mile delivery service provider. Our role is limited to offering access to multiple carriers through our platform, allowing you to select and manage your shipping options. We do not handle the operational aspects of the delivery process. As we do not manage the actual delivery operations, we are not responsible or liable for any incidents, issues, or complications that may arise with the consignment during the delivery process. This includes, but is not limited to, delays, damages, losses, or any other problems that may occur once the shipment is in the care of the Carrier.

 

Our responsibility is strictly confined to providing the platform for carrier selection and management.

 

  1. USE OF OUR SERVICES

 

4.1 You must follow any policies made available to you within the use of our Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method rather than the interface and the instructions that we provide.

You may use our services only as permitted by law and regulations.

We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

 

  • You are aware that the Carriers are independent suppliers, and you shall always and all times before placing the Consignment read the terms and conditions related to each Carrier. Furthermore, you acknowledge that the commitment of iCARRY ends with linking you with the Carrier through the Platform. You acknowledge and agree that by using the services of any Carrier through our Platform, you have accepted the terms and conditions of the mentioned Carrier prior to placing the Consignment.

 

  • Compliance with the estimated time of collection or Delivery is not guaranteed and we shall not be liable for late Deliveries.

 

  • You will be responsible to ensure that the correct Goods are available to be collected by the Carrier from the collection address on the scheduled collection date. You should ensure that your End User, or a trusted representative, are physically present at the time of collection.

 

  • You agree that after a first unsuccessful delivery attempt, the delivery may be carried out against the signature of a neighbor or of a person present at the business or household.

 

  • As proof of delivery the printout of the digitally available signature of The End User is sufficient.

 

  • The tracking number and logistics partner would be assigned by an automated process based on the Delivery Instructions and type of Consignments.

 

  • You shall provide/display prominently on the package the shipping label having full details of the order number, consignee details, product details, return address i.e. the shipping address and the gross value and collectable value (NET value) to be collected in case of COD Consignments. The backend panel platform from us shall enable you to take a print of the shipping label with all the details and the same shall be pasted on the package before the handover to the Carrier. (either /or)

 

  • You shall agree that the Consignment to be handed over to the Carrier is in a tamper proof packing of their brand along with the COD order form pasted on the Consignment.

 

  • You shall agree that in case of a reverse pick up of orders (only national orders), it shall be your responsibility. Accordingly, you shall be charged the applicable fixed fee, in addition to the reverse freight charges which are equal to the delivery freight charges as mentioned in the Platform.

 

  • You agree that if a Consignment is returned to origin (RTO) due to failed COD, unsuccessful delivery, non-payment of international charges such as customs duties, or any other reason, it is your responsibility to make the applicable payment. For DDU shipments, the provisions outlined in the section below will apply.

 

  • In addition, you shall not book/ship two or more Consignments against a single AWB number or send multi packet Consignments, and any breach of this condition by you (whether intentional breach or not) shall give the right to us to claim the concerned expenses (including the freight amount of all the Consignments) and liquidated damages of up to USD1,000/- per incident/Consignment.

 

  • We reserve the right to return to you, the Goods which are not accepted by the End User for any reason whatsoever, at the location(s) as specified by us and the conditions mentioned in this Section shall apply.

 

  • We reserve the right to apply the RTO (return to origin) charges same as the agreed shipping rates.

 

  • You agree that the returns will be initiated by the Carriers for all the Goods which are not accepted by the customer for any reason whatsoever. You will ensure that such Goods are accepted at the location(s) specified by you and share the Airway bill number against which the Consignment shall be returned to you.

 

  • In case of non-acceptance of the RTO Consignment by you we reserve the right to levy suitable demurrage/incidental charges for extended storage of such products and the conditions mentioned in the terms and conditions with regards to each Carrier shall apply. Further in such a case, we shall inter-alia have the right to: (a) retain the COD Amounts of the defaulting Customer; and/or (b) retain the custody of the Consignments of the defaulting Customer which are in the possession of the Carrier; and/or (c) forfeit the security deposit amount of the defaulting Customer (if any).

 

  • During your use of our Platform, you shall comply with all applicable laws, regulations, rules and ordinances relating to bribery, corruption, financial crime, anti-terrorism, terrorism financing, anti-money laundering, export controls, trade embargoes, travel bans including the economic sanctions and regulations of a sanctioning body, any European Union restrictive measure that has been implemented pursuant to any European Council or Commission Regulation (including obtaining and maintaining all licenses, permits and authorizations required by law), including but not limited to OECD Anti‐Bribery Convention of 1997, the U.S. Foreign Corrupt Practice Act, and the UK Bribery Act 2010 as applied and/or transposed in applicable regional and/or country‐specific industry codes of conduct.

 

  1. PRIVACY STATEMENT

 

We are committed to protecting your privacy.

 

In order to benefit from our Service, you shall register on the app by filling out a form detailing your personal information for this purpose, such as your name, your address, telephone number, or any other information required to finish the registration of your account (the “Account”). As such, you must complete the registration as prompted by the applicable registration form. By using our Services, you agree that the Group can use such data in accordance with our privacy policies only authorized employees within the Group who, in the course of their duties, can access and use information collected from you.

 

Please note that if you wish to purchase any product or Service made available through the Platform you may be asked to supply certain information relevant to such action including without limitation your credit card details/bank details.

 

You consent, warrant, and acknowledge that you will accept responsibility for all activities that occur under the use of your Account.

 

  1. PRICES

 

The prices offered on our Platform are highly competitive. Sometimes, our Platform will provide cheaper prices for specific products or services, but these prices provided on our platform may have special restrictions and conditions, such as non-cancelable and non-refundable. Please thoroughly check the relevant products or services conditions and details of any such conditions before ordering or choosing any of our products or services, i.e. some of our Carriers might accept the cancelation of your booking and might charge you the full delivery fee or any other fee. With reference to such, we have the right to charge you the full delivery fee or any other fee to be paid to the Carrier at any time after your cancelation.

 

Please note, if any fee has occurred and was not previously paid by you, we have the right to adjust the balance between us by debiting your account.

 

The currency converter is for reference only and should not be relied on for its accuracy and real-time, actual rates may vary.

 

Interest rates are subject to change without prior notice.

 

Obvious errors and mistakes (including typographical mistakes) are not binding.

 

You are not permitted, under any circumstance, to resell the services or the rates that iCARRY Holding offer.

 

We offer our users the option to pay for items on the Platform or by cash on delivery (“COD”) or any other payment method available on the Platform at the time these Terms and Conditions are posted.

 

  1. GOODS

 

We accept the Goods subject to the following conditions:

 

(i) The goods comply with the requirements of any applicable law relating to the nature, condition and packaging of goods and any expenses and charges incurred by us in complying with the provisions of any such law or with any order or requirement there under or with the requirement of any authority or other party shall be paid by you.

(ii) If any goods are subject to the control of the customs all duty, excise duty and costs which become liable to pay are paid by you.

(iii) The description of the goods provided is correct and accurate and should also include but not be limited to the weight, a full and accurate name and address of the receiver including the postcode, a mobile telephone number, email address and a day time landline telephone number. If you fail to provide all such necessary data, then the Carrier shall be entitled to refuse to carry the consignment and then we will charge you accordingly for the cost of returning the consignment to the collection address.

 

We disclaim all liability for and consequential loss arising from, or in connection with, the Services supplied by us and our agents. For the purpose of this Terms and Conditions, “Consequential loss” shall include, but not be limited to (i) Pure economic loss (ii) Loss of profits (iii) Losses incurred by any third party (iv) Loss of revenue (v) Loss of goodwill and reputation (vi) Loss of opportunity (vii) Loss of work.

 

You warrant that the Goods delivered by our Carriers doesn’t (i) violate any applicable local, national or international law or regulation, (ii) infringe on the rights of third parties.

 

In addition, you guarantee that you may not under no circumstances to use this Platform for the distribution or delivery of any of the following prohibited items and you guarantee that the Goods to be delivered are not contrary to public policy and/or accepted ethical standards, including but not limited to: food delivery, the dangerous goods, precious stones, gems and jewelry, credit cards /cheque, currency and coins, poison, explosives and military equipment, hazardous and radioactive material, any pornographic material, obscene or offensive messages; defamatory or libelous material; material harmful to minors; material promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; material likely to harass, upset, or alarm a third party or cause a third party to harm themselves, or any prohibited item mentioned in the terms and conditions of each Carrier;

 

It is our policy to conduct all business activities in compliance with the rules and regulations applicable to the industry and national laws, with the highest ethical standards. In this regard, we have a zero-tolerance policy with respect to counterfeit or fraud products/Consignments (including products/Consignments which are misrepresented in their origin or quality, or which are fake, cloned, duplicate or likewise products/Consignments).

 

Accordingly, in the event we believe that you or any of your End User are shipping/selling (or have shipped) counterfeit or fraud product/Consignment, we would have the right to:

  • seize such product/Consignment,
  • report the incident to the appropriate government authority/police station,
  • blacklist you/your End User from trading/doing business with us,
  • levy liquidated damages of up to USD10,000 per counterfeit/fraud Consignment (amount and counterfeit/fraud Consignment to be decided by us at our sole discretion), noting that the amount of said damages shall be decided by us, at our sole discretion, and may vary from case to case; and
  • block/retain the entire COD amount of yours/your End User lying with our Carriers.

 

  1. PACKAGING YOUR GOODS

It is your responsibility to ensure that sufficient packaging is used for each Consignment. We cannot accept any liability for the packaging advice provided and you remain responsible for ensuring all packaging is adequate for transportation.

 

The packaging must ensure that access to the Consignment content is not possible without leaving a clear trace on the outside of the Consignment.

 

  1. INTERNATIONAL CONSIGNMENTS

 

For International Consignments, it is your responsibility to submit all papers required for the customs clearance.

Consignments which cross national borders/ international Consignments may be subject to customs clearance, in the destination country prior to delivery to the End User. You and/or the End User shall be responsible for making sure that the Goods shipped are acceptable for entry into the destination country. All charges for Consignment to and return from countries where entry is not permitted shall be your responsibility. You also understand that Proof of Delivery (POD) may not be available for all the cross-national borders/ international Consignments as the same may be routed by the courier partner through local post (for e.g. Consignments to U.S.A by Aramex are delivered through local post (USPS), for which POD is not available). Hence, we shall not be held liable for any dispute in relation to the aspects mentioned in this Clause.

 

It is your responsibility to ensure that your Consignment is not prohibited under applicable sanctions law, for example because of its contents, its recipient or the country to or from which the consignment is to be sent.

We will not accept any liability if you do not obtain the correct license required under sanctions law.

If you attempt to send a Consignment which does not comply with sanctions law, we may deal with the Consignment as we see fit, without incurring any liability to you or the end User. We will be entitled to charge you the cost of disposal and all other reasonable costs incurred in dealing with the Goods.

 

  1. DAMAGED, OR LOST, OR DELAYED, OR INCORRECT ADDRESS CONSIGNMENT

 

We are not liable for any damage, or losses, or delays, or incorrect address consignments that may occur during the Consignment process. Our role is limited to coordinating with the carrier on your behalf and facilitating communication. You should always review the Carrier’s terms and conditions before placing your order, as these terms govern how the Carrier handles issues related to damaged, lost, or delayed Consignments.

 

Damaged Consignments:

If a Consignment arrives damaged, we will assist in coordinating with the Carrier to address the issue. If the Carrier agrees to provide compensation for the damages, we will inform you of the outcome and the details of the compensation. However, if the Carrier declines to provide compensation, we will not be liable for any costs or losses associated with the damaged Consignment.

 

Lost Consignments:

If a Consignment is lost during transit, we will work with the Carrier to investigate the issue and determine whether compensation is available. Should the Carrier offer compensation, we will notify you promptly. If the Carrier refuses compensation, we will not be responsible for any losses or costs related to the lost Consignment.

 

Delayed Consignments:

We are not responsible for any delays that may occur during the Consignment process. The Carrier is an independent partner with whom we have no direct operational control. Consequently, we cannot guarantee the timeliness of deliveries. If a delay occurs, we will assist with communicating the issue to the Carrier, but we will not be liable for any repercussions resulting from the delay, including any potential cancellation of the Consignment by the customer.

 

Incorrect Address Consignments:

If a consignment is delivered to an incorrect address by the Carrier, we will not be liable for any resulting issues, costs, or losses. However, we are committed to assisting you in resolving the matter by coordinating directly with the carrier on your behalf.

Please note that the Carrier’s terms and conditions will govern how they handle situations involving incorrect address deliveries. If the Carrier deems compensation appropriate in such cases, we will facilitate the process and ensure that any compensation provided by the Carrier is forwarded to you.

Our role is limited to acting as a liaison with the Carrier to support you in addressing any concerns, but the final resolution will be subject to the Carrier’s policies and decisions.

 

OUR LIABILITY IS LIMITED, AND WE CANNOT BE HELD RESPONSIBLE FOR DAMAGES, LOSSES, OR DELAYS ASSOCIATED WITH THE CONSIGNMENT.

 

  1. FEES AND PAYMENTS

 

The primary mode of payment is prepaid, and you are required to recharge your wallet on our platform before placing any Consignment. This ensures that sufficient funds are available for processing the Consignment. Alternatively, and after getting the Company’s approval, you may choose the postpaid option, allowing payment within a maximum of 5 days after receiving the invoice. However, if you fail to make payment within this period, it will constitute a breach of the agreement between us. In such cases, interest or other applicable fees may be charged until full payment is received, as outlined in the section below.

You should select their preferred payment option in alignment with these guidelines to avoid any disruptions in service.

 

Subject to the provisions of this Terms and Conditions, you will pay us the fees and other amounts as agreed upon between us (the “Fees”). Accordingly, you agree to pay all subscription fees, service fees and other fees -if applicable- to your use of our Services or any other services which are beyond the scope of the Services and/or this Terms and Conditions, and you shall not (directly or indirectly) circumvent the fee structure.

 

We may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time at our sole discretion. Fees stated prior to the services being provided, as amended at our sole discretion from time to time, shall apply.

 

If you purchase any subscription based paid service, you authorize us to charge you applicable fees at the beginning of every subscription period or at such intervals as applicable to the said service, and you authorize us make such modification to the fee structure as required and also agree to abide by such modified fee structure.

 

You shall be solely responsible to pay all taxes owed by you based upon this Terms and Conditions or the services or products provided herein, including any withholding of taxes. All payments to be made by you to us under this Terms and Conditions shall be made free and clear and without any deduction or set-off for any bank transfer fees, taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority. If you are compelled to make any such deduction, then you shall adjust your payment to us in such a way to account for such deduction and you shall pay us any additional amount necessary to ensure receipt by us of the full amount which we would have received without the deduction as per the terms of this Terms and Conditions.

 

We offer you the option to pay for Services on the Platform either online or through Cash on Delivery (“COD”) or any other payment methods made available on the Platform. Accordingly, you agree that in case of Consignments booked under COD, the Carrier shall deliver the Consignment and collect cash from the End User, as per the details mentioned on the COD order form. As such, when using the option of COD, you acknowledge that it’s a bipartite contract between you and the Carrier, and iCARRY and/or iCARRY Group are not responsible for any non-performance, breach or any other claim relating to or arising out of any relation entered into between you and the Carrier. Furthermore, iCARRY SAL and/or iCARRY Group shall not be held liable in case the COD amount has been delayed or misplaced by the Carrier

 

The Settlement of all COD amounts owed by the Carrier to you shall be made twice per month and Carrier may deduct the delivery fees for all deliveries performed within that specific period. Settlement shall be made as per the Settlement Currency as specified by you to your End-User.

 

In the event you close your Account with us or your Account is closed by us, we will deduct the Fees and the freight amounts due to it from the COD amount or from any amount owed by us to you. We shall, thereafter, remit the remaining COD amount after such deduction, within 10 (ten) days from the date of such closure/expiration/termination, subject to reconciliation and completion of all the Consignments and transactions pertaining to your Account. In the event, the COD amount falls short of the outstanding amount payable by you, you shall within 5 (five) days from the date of such closure/expiration/termination pay the outstanding amount to us, and until the payment of the entire outstanding amount, we shall retain the custody of the Consignments or Goods which are in the possession of our Carriers.

 

Should you for any reason be in breach of the payment provision in this Section, then without need to give any further warning to you and without prejudice to our rights and remedies arising both under law and under this Terms and Conditions (including, but not limited to, the right to terminate your Account):

 

  • We reserve the right to retain the amounts received from your End User through the cash on delivery method, and/or

 

  • retain the custody of the Consignments of the End User which are in the possession of our Carriers, and/or

 

  • we shall have the right to levy daily damages on any unpaid balance on the Statement at an annualized rate equivalent to 12% (twelve percent) of the unpaid balance on the Statement from and including Payment Due Date (with a minimum of daily interest equal to USD25 per day) until the date of receipt of Payment under good value.

 

For International Consignments:

DDU Consignments and Payment Responsibilities

For all Consignments delivered under Delivered Duty Unpaid (DDU) terms, it is your responsibility to pay any applicable duties, taxes, or fees upon delivery if the End User did not pay for any applicable duties, taxes or fees. If these charges are not paid by the End User,

 

we reserve the right to take the following actions:

  • If you and/or the End User fail to pay the DDU charges upon delivery, we retain the right to withhold delivery of the Consignment. The Consignment will not be released until the outstanding charges are settled.
  • In cases where you have provided a Cash on Delivery (COD) deposit, we reserve the right to use these funds to cover any unpaid DDU charges. The COD amount will be applied to settle the charges, and any remaining balance will be returned to you, if applicable.
  • A flat fee of $25 USD will be levied to cover administrative and handling costs associated with the non-payment of DDU charges. This fee will be charged in addition to any unpaid duties, taxes, or fees.

 

By agreeing to these terms, you acknowledge and accept these conditions for DDU Consignments. We encourage you to ensure that all required payments are made promptly to avoid any inconvenience or additional charges.

 

For Fulfillment Services:

 

You acknowledge that fulfillment services and warehousing provided by iCARRY through any of the Carriers, including storage, packing and preparation of Goods for delivery, as well as last mile delivery, must be paid at the end of each month.

 

If you wish to terminate this service, then iCARRY will deduct the Fees, the Additional Charges and the freight amounts owed from the COD amount or any amount collected by iCARRY on your behalf. Thereafter, iCARRY shall remit the remaining COD amount within 20 (twenty) days from the date of closure/expiration/termination, subject to reconciliation and completion of all shipments and transactions related to the Customer’s Account. If the COD amount falls short of the outstanding amount payable by you, you shall pay the outstanding amount to iCARRY within five (5) days from the date of closure/expiration/termination. Until the entire outstanding amount is paid, iCARRY shall retain custody of the Consignments or Goods in the possession of the Carriers.

 

Should you breach the payment provision in this Section for any reason, iCARRY reserves the right, without further notice and without prejudice to iCARRY’s rights and remedies under law and the Agreement, to:

 

(1) Retain the amounts received from the your End User through the cash on delivery method, and/or

(2) Retain custody of the Consignments and Goods of the defaulting Customer in the possession of the Carriers, and/or;

(3) Levy daily damages on any unpaid balance on the Statement at an annualized rate equivalent to 12% (twelve percent) of the unpaid balance on the Statement from the Payment Due Date (with a minimum daily interest of USD 25 per day) until the date of receipt of Payment in full, and/or;

(4) iCARRY reserves the right to retain possession of the Customer’s products that are currently held by iCARRY or one of its Carriers. This right to keep the merchandise serves as security for any outstanding sums owing by you.

 

Furthermore, iCARRY reserves the right, at its sole discretion and without further notice, to sell the retained products on your behalf. The revenues from such sales will be used to pay the Customer’s outstanding balances, including any unpaid fees, charges, or other costs associated with the services supplied under this Terms and Conditions. iCARRY will first cover the sale costs, which include expenses for product storage, handling, and sales. The remaining balance will then be used to offset the Customer’s outstanding payment obligations. If the revenue from the sale of the products is insufficient to cover the full amount owed, the Customer remains liable  for any remaining balance, which must be paid to iCARRY immediately upon demand.
Until complete payment is made, iCARRY reserves the right to handle, keep, and sell the products in any way it sees proper, with no responsibility to iCARRY for steps taken to recover the owed amounts.

 

 

  1. EXCLUSIONS AND LIMITATIONS

 

The information contained on our Platform is provided on an “as is” “with all faults” and “as available” basis to the fullest extent permitted by law, the Group:

 

  • Excludes all representations and warranties with respect to this Platform and its content or that are or may be provided by affiliates or any third party, including with respect to any inaccuracy or omission in this Platform/ or the Group’s documentation; and
  • Excludes any liability for damages arising out of or in connection with your use of this Platform. We will not be responsible for lost profits, revenues, or data, financial losses or indirect special, consequential, punitive damages or damage caused to your computer, systems and programs and data relating thereto any other direct or indirect, consequential or incidental damages to the extent permitted by law.

 

Neither we nor any of our officers, directors, employees representatives subsidiaries, affiliated companies, or others involved in creating, sponsoring or otherwise making available the Platform and its content shall be liable for (i) any direct, indirect consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform (ii) use, validity, quality and due disclosure of the purchase or the service and makes no representations, warranties or conditions of any kind in this respect, including any implied warranties of the merchantability, title, non-infringement or fitness for a particular purpose.

 

The Carriers whose items are available on the Platform for sale are independent suppliers and are not employees of the Group, with reference to such you shall ensure to read all information, terms and conditions related to the Carrier’s services prior to placing the Consignment. In no event we shall be liable for any consequence due to your negligence of not reading the information, terms and conditions related to each Carrier. Furthermore, in no event we shall be liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Carrier, for any personal injuries, death, damage, or losses of profit, goodwill, data, information, and other intangible losses resulting from a direct or indirect connection with your use of the Platform, or costs resulting therefrom. You acknowledge and agree that you are fully responsible for your use of the Platform. You acknowledge and agree that any information you send or receive during your membership and/or use of the Platform may not be secure and may be intercepted by unauthorized parties.

 

You acknowledge and agree that your use of the Platform is at your sole risk. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), we will not be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Platform, or any other site or resource you access through a link from this Platform; (b) any action we take or fail to take as a result of communications you send to us; (c) your Account, any termination or cancelation of your Account; (d) any products or services made available or purchased through the Platform, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Platform or any information, products or services advertised in or obtained through the Platform; or (e) the modification, removal or deletion of any content submitted or posted on the Platform (f) your negligence of not reading the terms and conditions of each Carrier.

If you are dissatisfied with the Platform or any content or materials on it, your sole exclusive remedy is to discontinue your use of it.

 

The Group expressly disclaims all warranties, whether expressed or implied, including warranties as to the services offered by businesses listed on the website, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral or written information or advice provided to you by a representative of one of the Group shall create a representation or warranty.

 

We disclaim liability and exclude all representations, warranties and conditions relating to our Platform and the use of this Platform for: (i) death or personal injury; (ii) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (iii) loss of profits, (iv) business interruption (v) loss of information or data; (vi) reputational harm and (vii) for fraud or fraudulent misrepresentation, liabilities in any way that is not permitted under applicable law, or liabilities that may not be excluded under applicable law.

You shall be liable for and shall indemnify, defend, and hold harmless iCARRY and its Group, their officers, directors, employees, agents, affiliates, successors, and permitted assigns (each an “Indemnified Party“) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, incurred by Indemnified Party (collectively, “Losses“), relating to, arising out of or resulting from any negligence or fault of you in the performance of the Services or in connection with any and all demands, claims and actions made or brought by the Customer or a third party (including any regulatory or public authority), or any non-compliance with or breach of any statutory or other legal obligation by Carrier, its employees, agents or contractors, relating to or in connection with this Agreement or any of the Services. The terms and conditions of this Clause shall survive the expiration or termination of this Agreement.

 

The exclusions and limitations and prohibitions of liability set in this section and elsewhere in this Terms and Conditions govern all liabilities arising under this section including liabilities arising in contract, in tort and for breach of statutory duty.

 

  1. MODIFYING AND TERMINATING OUR SERVICES

 

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a service altogether. We have the right to terminate any service agreement for any reason whatsoever, including the termination of Services already in progress.

We may also stop providing Services to you or add or create new limits to our Services at any time.

 

  1. LINK TO OTHER WEBSITES

 

Our platform may contain links to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, terms and conditions, privacy policies, or practices of any third party’s websites or services. Please note that we are not responsible for the privacy practices or contents of these sites. We encourage you to be aware when you leave our site and read the privacy statements of these sites.

You should evaluate the security and reliability of any other site linked to or accessed through this site before disclosing any personal information to them. We will not accept any liability for any loss or damage, in any manner whatsoever, regardless of the cause, resulting from your disclosure of personal information to third parties.

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

 

  1. INTELLECTUAL PROPERTY

 

Nothing on this site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication on otherwise. Certain names, words, titles, phrases, logos, icons, graphics or designs, or other content on this site are trademark, trade names or copyrights works owned by us. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks, trade names or copyright works and/or the contents of this site is a violation of law that may apply to trademarks and/or copyrights, and such actions shall be subject to legal actions.

 

  1. YOUR LIABILITY

 

Transmission or use of any material or information in violation of these Terms or any applicable law, rule or regulation, or of the rights of third parties is prohibited.

 

You agree not to transfer any material of any kind to this Platform which contains a virus, malicious computer code or any harmful component and not to otherwise attempt to alter the content of this Platform.

 

By owning an Account on this Platform, you agree, warrant and acknowledge that you shall be entirely responsible (i) for the access and use of this Platform by any other person using your Account or your computer (ii) to maintain the confidentiality of your Account and restrict the access and use of your Account by any other member in our Platform (iii) you have read and accepted the terms and conditions of each Carrier prior to placing the Consignment.

 

You agree to notify us, when needed of any unauthorized use or any other breach of security.

You agree to reimburse us for any improper, unauthorized, or illegal use of your Account by you or by any third-party obtaining access to this Platform through your Account, regardless whether you authorized such access or not.

 

We make no representations or warranties to you or any other person, express or implied, in law or in fact, and disclaims any and all implied warranties, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability or suitability, to you or any other person, of any of the Services provided by us or any computer software products or programs provided by us or as to the stability or compatibility of our software, equipment or communication interfaces with those used by you .

We shall have no liability for losses caused by unauthorized access to any confidential information and you will indemnify and hold us harmless from any losses, costs, suits, damages, liabilities and expenses resulting from your failure to keep your Account and especially your password confidential or otherwise adequately manage the use of the password.

We shall not be liable for any incomplete online transactions.

 

  1. USE OF INFORMATION AND MATERIALS

 

Although we make all reasonable efforts to ensure we receive information from sources it deems reliable, it does claim that all information or opinions presented on its site are true, reliable and complete. The information is believed to be correct and current at the date the information was placed on this Platform. It may be modified without prior notice.

We are not under the obligation to update the information or other material or to reflect circumstances that may occur after the earlier of the date first appearing on the site or the date contained in the information or other materials.

We do not make any representation or warranty of any kind, whether express or implied, as to the reliability of the information contained on this site nor does it accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this Platform. Consequently, we shall not be liable for any losses or damages or expenses whatsoever arising out of or referable to material and information on the site or accessed through the Platform.

 

  1. USE OF THE PLATFORM

 

The use of this Platform is at your sole risk. We do not warrant that the site will be available and meet your requirements, nor that access will be uninterrupted, nor that there will be delays, failures, errors or omissions or loss of transmitted information, nor that no viruses or other contaminating or destructive properties will be transmitted nor that no damage will occur on your computer system.

You shall have sole responsibility for adequate protection and back up of data and/or equipment and to undertake reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

 

You agree, warrant, and acknowledge that you will (i) take any action that imposes or may impose an unreasonably or disproportionality large load on our infrastructure (ii) attempt to take over another user’s Account, and (iii) conduct any hacking or phishing of the Platform or user Accounts.

 

  1. REVIEWS

 

Some parts of this Platform provide users with the opportunity to post and exchange opinions and information in certain areas of the Platform. However, we do not filter, edit, publish or review the comments or reviews prior to their appearance on the Platform. Comments and reviews do not reflect the views and opinions of the Group, its agents and/or affiliates. Comments and reviews reflect the views and opinions of the person who posts their thoughts and opinions. To the extent permitted by applicable laws, we shall not be liable for reviews and/or comments or for any liability, loss or expense and/or suffer as a result of any use and/or posting of the Platform and/or its use.

Users on the Platform can provide feedback on one another’s conduct after a transaction has been closed. Your feedback will be shown alongside your Account on the Platform. You can’t pull out the feedback whenever you have posted it on the Platform. We won’t be responsible for the input that you post on the Platform. On the off chance that you consistently get negative criticism evaluations, we claim all authority, as far as possible or pull out your admittance to the Platform as well as your participation on the Platform.

By posting a review that contain images, photographs, pictures, or that are otherwise graphical in whole or in part (the “Images”), user warrant and represent that (i) the user is the copyright owner of such images, or that the copyright owner of such Images, or that the copyright owner of such Images has granted user permission to use such Images, (ii) each person depicted in such images, if any, has provided consent to the use of the Images.

By posting Images, the user is granting to all members on the Platform and/or to the general public permission to use user’s images in connection with the use of any of the Services and including without limitation a non-exclusive, worldwide, royalty free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat user’s Images without having user’s name attached to such Images, and the right to sublicense such rights to any suppliers of the Services.

You agree, warrant and acknowledge that your review and comments do not invade any intellectual property rights, including without limitation copyright, patent or trademark of any third party; the reviews and comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy; and the reviews and/or the comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. We reserve the right to monitor all comments and reviews and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms.

 

  1. ADVERTISING

 

We may publicly display advertisements and other information adjacent to or containing your content. You are not entitled to any compensation for such advertisements. The manner, and extent of such advertising is subject to change without any specific notice to you.

 

  1. DATA COMMUNICATED TO US

 

Any personal or non-personal information that you transmit or communicate by electronic means on this Platform will be held and processed by us. However, there is a risk that the information may be intercepted and/or modified as regards both its content and origin. We cannot guarantee the confidentiality and integrity of information on the internet, and we exclude all liability in this respect.

 

 

  1. COOKIES

 

Like most interactive platforms, we will use cookies to enable us to recognize you, learn about your interests, improve your experience using this Platform, increase security, measure the effectiveness of the Platform, and identify popular sections on the Platform. The cookies we use do not reveal any personal information about you. You can control cookies through your browser settings and other tools, although doing so may interfere with your use of the Platform.

 

  1. CONFIDENTIALITY:
    • Each Party undertakes to keep the Information confidential. Neither Party will disclose the Information to any third parties or use the Information otherwise than in connection with the present Agreement without prior written consent of the other Party.

 

 

  • If any Party is legally liable to disclose the Information to any state or other authorities, it will notify the other Party thereof in writing as soon as possible after becoming aware thereof and in any case before disclosing the information.

 

  • No restriction set above in respect of the Information will apply to the corresponding Party to the extent that (a) the Information is or becomes public knowledge other than as a result of a breach of this letter; (b) the Information has been received by such Party from an unconnected third party; (c) the Information has been drawn up by such Party independently or (d) the Information is disclosed to the advisors of such Party which are bound by confidentiality undertakings similar to those set out in this clause 5.

 

  • INTELLECTUAL PROPERTY RIGHTS:

 

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights“) in and to all documents, work product and other materials that are delivered to iCARRY under this Agreement or prepared by or on behalf of Carrier in the course of performing the Services (collectively, the “Deliverables“) shall be owned exclusively by iCARRY and its Group. The Carrier hereby irrevocably assigns, and shall cause its personnel to irrevocably assign to iCARRY and/or any member of its Group, in each case without additional consideration, all right, title, and interest throughout the world in and to the Deliverables, including all Intellectual Property Rights therein. The Carrier shall cause its personnel to irrevocably waive, to the extent permitted by applicable law, any and all claims such personnel may now or hereafter have in any jurisdiction to so-called “moral rights” or rights of droit moral with respect to the Deliverables.

 

  • LEGAL JURISDICTION

 

The legal jurisdiction governing the Terms and Conditions shall be as follow for each entity:

 

  • For iCARRY SAL: These Terms & Conditions shall be governed by and construed in accordance with the Lebanese law. Any dispute, claim or controversy arising out of or in connection with these Terms & Conditions (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Terms & Conditions) shall be referred to the parties’ respective officers for resolution. Any dispute shall be settled by Beirut Courts.
  • For iCARRY Courier Portal LLC: These Terms & Conditions shall be governed by and construed in accordance with the Emirates law. Any dispute, claim or controversy arising out of or in connection with these Terms & Conditions (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Terms & Conditions) shall be referred to the parties’ respective officers for resolution. Any dispute shall be settled by Dubai Courts.
  • For iCARRY Courier Company for Import And Export LLC: These Terms & Conditions shall be governed by and construed in accordance with the Kuwaiti law. Any dispute, claim or controversy arising out of or in connection with these Terms & Conditions (including a dispute, claim or controversy relating to any non-contractual obligations arising out of or in connection with these Terms & Conditions) shall be referred to the parties’ respective officers for resolution. Any dispute shall be settled by Kuwait Courts.

 

  • FORCE MAJEURE

 

It is agreed that we shall not be under any liability to you or to any third party as a result of our inability to perform our obligations where such inability derives directly or indirectly from the breakdown of computers, its terminals or transmission links, or any circumstances outside the control of the Group (as the case may be), its respective agents or subcontractors, including (but without limitation) fire, explosion, natural catastrophe, non-availability of materials, the failure or fluctuation of electrical power, civil disturbance or regulatory acts.

 

  • ABOUT THESE TERMS

 

We reserve the right to modify these Terms and Conditions or any additional terms that apply to a service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly and revisit these Terms and Conditions on a regular basis as revised versions will be binding on you. Any changes made addressing new functions for a service or changes made for legal reasons will be effective upon posting of new Terms. If you do not agree to the modified terms for a service, you should discontinue your use of that service.

If there is a conflict between these terms and the additional terms, the additional terms will control that conflict.

These terms control the relationship between the group and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don’t act right away, this doesn’t mean that we are giving up any rights that we may have (such as tracking action in the future)

If it turns out that particular term is not enforceable, this will not affect any other terms.

In the event of any conflict or inconsistency between the Arabic and English versions of these Terms and Conditions, the English version shall prevail and take precedence.

 

  • NOTICE

 

Please read these Terms and Conditions carefully. If you have questions or comments about these Terms & Conditions, you may email us at info@icarry.com. By accessing this site and any pages thereof, you agree to be bound by the Terms and Conditions mentioned above. If you do not agree to the Terms and Conditions above, do not access this Platform or any pages thereof.