HAWQR DELIVERY PARTNER TERMS AND CONDITIONS

Updated On : 1st, July 2022

1. General Terms:

   
   

   Welcome to the HAWQR PARTNER APPLICATION !

   The App that connects businesses seeking delivery service for shipments of packages, goods, and materials (“Users”) and businesses who provide such delivery services for such shipments (“HAWQR Delivery Partners”). Users and Delivery Partners can connect by accessing the HAWQR App to arrange for deliveries.

   These “HAWQR Delivery PARTNER”’(terms of use) is governs the access or use by you (the “HAWQR Delivery Partner”) of the information service platform (“Platform”) through our mobile applications, website applications (together “Applications”) or websites to receive services made available by HAWQR a company duly established and legally operating under the laws of UAE.

   Hereinafter, these “HAWQR Delivery Partner Terms” apply to the website of HAWQR. (Hereinafter, “HAWQR”), whose website/domain is https://www.Hawqr.com, and to its related mobile application “HAWQR PARTNER”.

   In order to be a User of the Platform, it is essential that you meet the following requirements and expressly agree to these terms. If you do not agree, please refrain from using it. This Terms of Use is a binding legal agreement setting forth the rights and obligations between HAWQR and you, the HAWQR DELIVERY PARTNER.

   • User must be at least 18 years of age.

   • User must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address, telephone number, and other necessary details.

   • User must agree to these “Terms of Use and Contracting”.

   • User must agree to the HAWQR’s - “Privacy and Data Protection Policy”.

   • you have the authority to enter into these Terms of Use personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms of Use.

   
   

   PLEASE READ THE ENTIRE “TERMS OF USE” BEFORE ACCESSING or USING HAWQR PARTNER APPLICATION.

2. About HAWQR PARTNER APP

   1. HAWQR is a technology services company, It provides a system to connect the demanders of transportation and/or Urban logistic services (including but not limited to small businesses, commercial customers and individual customers, collectively “Users”) and HAWQR Delivery Partners - who provides transportation and/or logistic services (“Shipment Delivery”) through the Platform.

   2. Here, You acknowledge and agree that HAWQR only provides you a system to connect individual drivers or vehicle operators with Users. HAWQR does not provide transportation services, nor act as a transportation carrier or provider, courier Company, postal services provider, delivery services provider, food and beverage supplier or operator, taxi or private hire operator, nor act as an agent for any such person or entity. All Transportation Services are provided directly by You to Users, and You act as an independent, third-party contractor carrying on business on Your own account, not under the employment of any HAWQR or Affiliates.

   3. You may choose to perform any of the following services to Users and Merchants as per your choice and convenience. You may choose to perform these services on any day of the weekend for as long as you may wish. When you click on the accept option upon notification of a task, you expressly consent each time for providing your services to the User. You agree that You provide services directly to the User or Merchant, as the case may be.

   4. BRANDING: If a Delivery Partner chooses on their own to wear a uniform or use HAWQR Brand, sticker or identification badge, the Delivery Partner agrees that such a decision is of its own accord, and is not required by HAWQR or inference of a Delivery Partner being an employee. Where the use of any HAWQR signage, sticker, or identification badge is required by HAWQR, the Delivery Partner acknowledges that use of any signage, sticker or identification badge is incidental to their use of the Services and does not lead to an inference of being an employee.

   
   

3. Delivery Partner Warrants and Representation

   1. While using the software provided by HAWQR (“Mobile Platform/Web”) you agree that: You represent, warrant, and undertake on a continuing basis throughout the terms of this Agreement that:

      
      

      1. You shall only access the services using means explicitly authorized by HAWQR

      2. You are only allowed to open a Single delivery partner account

      3. You are able to operate a motor vehicle (including the Vehicle itself) and have

         a valid driver’s license and all the other required licenses, approvals, authorities,

         and consents to provide the Transportation Services in the Territory as required by Applicable Law;

      4. You own, or have the legal right and authority to operate, the Vehicle, and that the Vehicle meets the applicable industry safety and maintenance standards for a vehicle of its kind, is in good operating condition, and is in a clean and comfortable condition suitable for the provision of the applicable Transportation Services;

      5. You will only use the Services for lawful purposes and only for the purposes for which they are intended to be used;

      6. the Services cannot be used for unlawful purposes, including but not limited to

         (i) violation of Applicable Law; (ii) storing or sending any unlawful material; (iii) sharing of sensitive personal information of others, without their consent (iv) causing intentional harm, nuisance, inconvenience or annoyance; (v) impairing or harming the proper operation of the Services; (vi) exhibiting the tenor of impersonating another person; or (vii) copying or distributing the Services without the permission of HAWQR

      7. your password or any identification credentials that HAWQR provides to you should be secure and confidential;

      8. You shall at all times comply, at your expense, with your legal obligations in respect of insurance (including but not limited to compulsory third party motor vehicle insurance for any vehicle used to provide Shipment Delivery (if applicable)) and maintain, at your expense, such other policies as someone providing Shipment Delivery would prudently maintain as well as any other minimum insurance cover which HAWQR requests you hold including but not limited to a valid third party motor vehicle insurance policy with provisions to cover commercial usage of the vehicle, and a general liability insurance policy at levels which satisfy:

      9. You will comply at all times with all RTA Applicable Laws, the Policies, and the terms of service and Vehicle quality standards of the third-party Transportation Provider (where applicable), and will notify HAWQR if You are in breach of any Applicable Laws, the Policies or the terms of service and Vehicle quality standards of the third-party Transportation Provider;

      10. You do not have a criminal record in the Territory or any other jurisdiction;

      11. You will promptly provide HAWQR with any additional documents or information requested by HAWQR, including proof of identity, proof of ownership or right to use the Vehicle. You acknowledge that You may be subject to background, criminal record and driving record checks from time to time and You will cooperate with these as required by HAWQR;

      12. You shall ensure that any documents and information provided by You (or on Your behalf) to HAWQR are at all times accurate, current, complete and not misleading;

      13. You shall only use an internet access point and data account which You are authorized to use;

      14. You shall not engage in any fraudulent, misleading, deceptive, illegal or

          criminal conduct; and

      15. You shall not impair or circumvent the proper operation of the system or network which the Services operate on.

          1. After obtaining the information of Users and shipments, Delivery Partner shall verify such information by itself. Delivery Partner shall make the decision whether to accept and provide the Shipment Delivery at its own discretion after properly verifying the information obtained;

          2. Delivery Partner understands and agrees that it is responsible for complying with all delivery schedules established between it and User. Delivery Partner shall make all reasonable efforts to deliver the shipment according to the respective delivery schedules established with User;

          3. You are the provider of the Transportation Services and shall therefore be solely responsible for the safe, efficient and proper performance of Transportation Services using all reasonable care and skill. You shall be solely responsible for providing all necessary equipment, materials, tools and other items necessary for the safe, efficient and proper performance of the Transportation Services.

          4. You are responsible for Your own safety, and that of Users, in the performance of the Transportation Services, and You shall take all necessary precautions.

          5. Your interactions with Users : Your provision of Transportation Services to Users creates a direct relationship between You and the User, to which HAWQR is not a party. HAWQR is not responsible or liable for the acts or omissions of a User in relation to You. To the maximum extent permitted by Applicable Law, You have the sole responsibility for any obligations or liabilities to Users or third parties that arise from Your provision of the Transportation Services.

          6. Although You are solely responsible for the Transportation Services, HAWQR has the right to deal with any complaints that Users have through HAWQR’s complaints handling process, or any complaints that You may have about any User. You agree to cooperate fully with such process, and to submit any complaint You may have via the Driver Application. HAWQR also reserves the right, at its sole discretion, to redirect any such complaints to You directly and may choose to facilitate discussions with the User. You agree to comply with Applicable Law, the terms of this Agreement and the Policies in Your handling of such User complaints. HAWQR’s complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under Applicable Law.

          7. Your interactions with third parties: You may currently have, or may have an opportunity to enter into arrangements with a third party via the Services. Any such arrangements will be solely between You and the applicable third party, and HAWQR has no responsibility or liability in relation to such arrangements.

          8. HAWQR does not endorse any third party providers, applications or websites that are available through the Services, and in no event shall HAWQR, its licensors or any of its Affiliates be responsible for any content, products, services or other materials on or available from such third party providers, applications or websites.

          9. Delivery Partner acknowledges that during the course of its work, it may gain knowledge of third parties’ and/or User’s confidential, proprietary, trade secret, protected health, and/or personally identifiable information (“Confidential Information”). This information includes, but is not limited to, information about User, User’s business and the contents of shipments, User’s address, User’s contact information, delivery address, payment information, payment methods, credit card information, financial accounts, demographic information, business address, information regarding User’s partners, associates, customers, and similar information regarding the delivery recipient. Delivery Partner agrees that it will maintain the confidentiality of all such Confidential Information and not disclose it to any other person, except as required to carry out Shipment Deliveries or as required by law. Unauthorized disclosure of such Confidential Information will constitute a material breach of this Terms of Use, giving HAWQR the right to temporarily lock or permanently deactivate your Delivery Partner Account.

          10. If Delivery Partner fails to comply with any of the above warranties and representations and undertakings, HAWQR shall have the right to immediately temporarily lock or permanently deactivate your Delivery Partner Account. Delivery Partner shall bear all damages or losses arising therefrom. Delivery Partner shall also compensate for all losses suffered by HAWQR, its affiliates, its partners and/or any other third party due to Delivery Partner's failure to comply with the above warranties and representations.

          
          

4. FINANCIAL TERMS

1. Driver Application: Payment for Your use of the Services shall be made in accordance with clause 9.8. The download and/or use of the Driver Application is provided for You to receive the delivery/services/Jobs and is provided on a royalty-free basis.

2. Delivery Partner Wallet : Payments to and from You made under this Agreement will be administered via the Driver Wallet, and You grant to HAWQR the full power and authority to receive any amounts payable to You on Your behalf and to deduct any amounts payable to HAWQR in accordance with this Agreement. Subject to the terms of this Agreement, You may withdraw the balance in Your Driver Wallet via the Driver Application. You must designate a valid local currency account with a bank in the Territory to receive such balance.

3. User Fees and Additional Charges: Delivery Partner acknowledges that Users are responsible for paying all charges and fees associated with the shipment. Once the User and the Delivery Partner have verified that the shipments are completed, the User’s payment account will be charged. HAWQR reserves the right to change its prices charged at any time, at its discretion. Delivery Partner acknowledges and agrees that any payment received by HAWQR is due to the information service provided by the Platform.

   1. Fares: Base fares - This consists of the distance fare incurred during Shipment Delivery

   2. Order subsidies - This consists of the subsidies paid by HAWQR and is included as part of the basic fare, subsidies not limited to peak demand subsidies.

   3. HAWQR COUPONS: This consists of the amount of promotion applied to a particular order. Promotions are typically given to Users and subsidized by HAWQR.

   4. Additional Charges : You may be allowed to charge Users and/or other parties certain additional fees, which may include:

      • any tolls, road-usage charges, parking charges, building or area entrance charges, and any other applicable surcharges (such as but not limited peak hour and midnight surcharges), necessarily incurred by You during the provision of Transportation Services;

      • any cancellation charges

      • any other amounts in accordance with the User Terms of Use or the Policies; and

   5. Waiting Fee - This relates to the additional fees imposed on a particular order where Delivery Partners were requested by the User to wait for goods receival or goods deliveries.

   6. High demand Surcharge - This relates to the additional fees imposed to a particular order to encourage Shipment Delivery under super peak hours. HAWQR retains the discretion to define super peak hours based on operational needs.

   7. Free Zones - This relates to the charges incurred when entering designated free zones during Shipment Delivery. HAWQR shall retain the discretion to define such zones based on operational needs.

   8. Cancellation Charges. You acknowledge and agree that Users may elect to cancel requests for delivery services that have been accepted by You at any time prior to the provision of delivery Services. In the event that a User cancels an accepted request for Delivery Partner, HAWQR may charge the User a cancellation fee on behalf of You. If charged, this cancellation fee shall be deemed Drive Cost/Fare/Delivery Partner Fees for the canceled Delivery Partner Services and shall be remitted to You

   9. Users may choose to pay the User Fees: the Additional Charges, and any other amounts payable by Users to HAWQR, by the payment methods offered via the User Application from time to time, including (where applicable) cash, credit or debit card or by using Vouchers, as follows:

   10. Cash Payments: Users will pay the User Fees and Additional Charges payable to You, and any other amounts payable by Users to HAWQR, directly to You. For this purpose, You agree to collect any amounts payable by Users to HAWQR on behalf of HAWQR, and that HAWQR is entitled to deduct such amounts, together with any other amounts You owe to HAWQR (including the Service Fee) from Your Driver Wallet; and

   11. Non-cash payments / Digital Payments : the amount of the User Fees and Additional Charges, after deduction of any amounts owed to HAWQR (including the Service Fee), will be credited into Your Driver Wallet via the Driver Application.

4. SERVICE FEE: HAWQR will receive a service fee equal to a certain percentage of the User Fees, or may deduct a flat amount from the User Fees (less any applicable tax component therein) received or receivable by You, on a per-transaction basis, as payment for Your use of the Services (Service Fees). Service Fees shall be inclusive of VAT/TAX/GST. Service Fees are non-refundable. The relevant percentage will be calculated via the Services from time to time and may be applied at any time by HAWQR. HAWQR may update the basis on which the Service Fees are calculated via the Services, at any time in its absolute discretion.

   1. As part of the Services, a receipt or transaction history will be generated for each instance of Transportation Services, documenting the User Fees payable by the User in each instance.

   2. HAWQR will deduct the Service Fees, as well as any amount You owe to HAWQR or its Group Companies and any other amounts HAWQR is required to withhold or deduct by Applicable Law, from Your Driver Wallet, at a frequency determined by HAWQR in its discretion from time to time.

   3. Deduct or set-off from amounts owed to You (including the User Fees or any incentive payments) any amounts that You owe to HAWQR (including the Service Fees), or require You to remit to HAWQR any amounts that have been incorrectly remitted to Your designated bank account;

      
      

5. Terms and Termination:

   This Agreement shall continue until terminated in accordance with its terms.

   1. HAWQR may terminate this Agreement:

      • at any time for any reason by giving notice to You;

      • immediately, with or without notice, if You are in breach of any term of this Agreement, without prejudice to HAWQR’s other rights and remedies; and

      • immediately, with or without notice, if You are in breach of any other agreement with HAWQR.

   2. You are under no obligation to use the Services and may cease using them at any time in Your sole and absolute discretion by permanently deleting the Hawqr Partner/Driver Application from Your Mobile Device, thus disabling Your

      use of the Driver Application. This Agreement is automatically terminated when You permanently delete the Driver Application from Your Mobile Device or if Your Account is closed.

   3. On termination or expiry of this Agreement for any reason, You shall immediately delete and fully remove the Driver Application from Your Mobile Device;

   4. immediately cease using the Services (save to the extent that You are permitted to use the User Application as a User pursuant to the User Terms of Use); and

   5. promptly (and in any event within three days), pay any money owed to HAWQR (which shall become immediately due and payable on termination or expiry) (and, for this purpose, HAWQR shall be entitled to deduct the relevant amount from Your Driver Wallet).

   6. The parties shall have no further obligations or rights under this Agreement after termination or expiry of the Agreement, without prejudice to any obligations or rights which have accrued to either party at the time it is terminated.

      
      

6. Promotions :

   • For the mutual benefit of both HAWQR and all Delivery Partners including you, from time to time, HAWQR on your behalf may offer promotions to some or all Users that may have the effect of Users paying you a lower amount than would otherwise have been the case, and where a promotion applies, you agree to provide Shipment Delivery to the Users at the lower amount. Where a promotion applies and where applicable HAWQR will reduce the value of its fees by an amount equal to the value of the promotions.

   
   

7. Privacy

   • You agree and consent to HAWQR using and processing Your personal information as set out in our Privacy Policy, as amended from time to time

   • To the extent that You have access to any personal information in connection with the Services, You agree to process it in accordance with Applicable Law, the Policies (including the Privacy Policy) and HAWQR’s instructions. Without limitation, in using the Services, You may have access to certain User Information. You agree that Your Use of such User Information shall be strictly limited to usage as is necessary in order to perform the Transportation Services in accordance with this Agreement. Without limitation, You shall keep the User Information secure and shall not share the User Information with anyone else, or retain a copy of the User Information, or use it for any other purpose.

8. Disputes

   • This Agreement (and any and all disputes arising out of or in connection with this Agreement (including any alleged breach, or challenge to the validity or enforceability, of this Agreement or any provision hereof)) will be subject to the laws of UAE or the operations of the country.

   
   

9. General Terms:

   1. Delivery Partner acknowledges that Delivery Partner is responsible for all shipments. Delivery Partner agrees HAWQR has no control or responsibility over shipments or Shipment Deliveries and only has control or responsibility for the functioning of the Platform. Delivery Partner agrees that HAWQR will not be responsible or liable for any actions, wrongdoing, losses or damages suffered by the Delivery Partner, except if such action is willful breach of this Terms of Use or gross negligence.

   2. You shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of HAWQR or any of its affiliated companies.

   3. HAWQR may amend this Agreement at its sole discretion from time to time. HAWQR will use its reasonable endeavors to notify You of any material changes to the Agreement; however, You agree that it is Your responsibility to review the Agreement regularly and Your continued use of the Services will constitute Your acceptance to the amendments. Otherwise, no addition to or modification of this Agreement will be binding on the parties unless made in writing by the parties.

   4. The rights of each party under this Agreement may be exercised as often as necessary, are cumulative and not exclusive of rights or remedies provided by law and may be waived only in writing and specifically. Delay in the exercise or non-exercise of any right is not a waiver of that right.

   5. You may not assign, sub-license, transfer, subcontract, or otherwise dispose of any of Your rights or obligations, under this Agreement without HAWQR’s prior written consent. HAWQR may at any time assign, sub-license, transfer, subcontract or otherwise dispose of its rights or obligations under this Agreement without notice or consent (save to the extent required by Applicable Law).

   6. A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.

   7. Delivery Partner agrees to defend, indemnify and hold harmless HAWQR, as well as its past and present successors, assigns, affiliates, officers, owners, employees, and agents (“HAWQR Indemnitee”) from any and all losses, actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, claims for payment, deficiencies, fines, judgments, settlements, liabilities, costs,

      and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or incurred in connection with claims asserted by a third party against a HAWQR Indemnitee arising directly or indirectly from, or as a result of or in connection with, Delivery Partner’s

   8. Delivery Partner agrees to perform Shipment Deliveries in compliance with all Applicable Laws and shall defend, indemnify and hold harmless HAWQR for any violation or alleged violation by Delivery Partner of any such laws. HAWQR reserves the right to lock-out, suspend or terminate access to the Platform for a Delivery Partner for any violations of this Terms of Use or any other conduct deemed inappropriate by HAWQR. In the unlikely event Delivery Partner’s status as an independent contractor is challenged and Delivery Partner is determined by a court, agency or arbitrator not to be an independent contractor, Delivery Partner agrees to defend, indemnify and hold harmless HAWQR from all costs, penalties, back taxes, damages and attorney’s fees associated with such a determination. Under Delivery Partner’s duty to defend, HAWQR shall be entitled to use its own counsel.

      
      

10. Intellectual Property Rights

    1. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds, and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by HAWQR ("HAWQR Property") and the design, structure, selection, coordination, expression, look and feel and arrangement of such HAWQR Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use HAWQR Property without the prior written consent of HAWQR.

    2. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of HAWQR, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of HAWQR or such third party as may be applicable.

    
    

11. Communications

    You hereby expressly agree to receive communications by way of SMS’s and/or e-mails from HAWQR, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from your end with respect to your use of the HAWQR Service.

12. Reach Us:

If you have any questions regarding these Terms & Conditions or you would like to obtain access to your personal information.

Further any queries or complaints, you can write us via email or visit at:

Email: “helpdesk@hawqr.com”

Website: “http://www.hawqr.com”