Term & Conditions

TERMS & CONDITIONS
Welcome to HAWQR APP !!

Updated On: 12/Jan/2023

1. GENERAL TERMS :

These general terms of use are an agreement between Users (“You”, “Your”, or “Yourself”) and “HAWQR DELIV Platform” (“We”, “Us”, or “Our”), a limited liability company duly established and legally operating under the laws of UNITED ARAB EMIRATES by the company name [HAWQR TECH DELIVERY SERVICES], and domiciled its Headquarters in DUBAI, United Arab Emirates. These, hereinafter the (“General Terms”) apply to the website of HAWQR. Its website/domain is https://www.delivery.hawqr.com , and to its related mobile application and related sites or sites linked from https://www.hawqr.com as well as its affiliated companies and associates (hereinafter and collectively, the “Site”) and, the site belongs to HAWQR.

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.

• User must be at least 16 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”.
NOTE: PLEASE READ THE ENTIRE “TERMS OF USE” BEFORE ACCESSING or USING HAWQR APPLICATION
2. USER ACCESS AND RESGISTRATION :

1. You shall be permitted to access the Platform, avail of the HAWQR DELIVERY Services, and connect with Merchants in different categories and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining registration on the Platform. Your ability to continue using the Platform, HAWQR Services is subject to your continued registration on the Platform. You will be required to enter your personal information including your name, contact details, and valid phone number while registering on the Platform.
2. As a part of the registration, you may be required to undertake a verification process to verify Your personal information and set up the Account
THE VERIFICATION CODE (ONE-TIME PASSWORD/OTP) IS PRODUCED AUTOMATICALLY BY OUR SYSTEM. WE DO NOT KNOW AND NEVER ASK FOR YOUR VERIFICATION CODE. NEVER PROVIDE THE VERIFICATION CODE TO ANYONE EVEN TO US OR OTHER PARTIES WHO ACKNOWLEDGE THEMSELVES AS OUR REPRESENTATIVES
3. HAWQR shall have the right to display the information, feedback, ratings, reviews, etc. provided by you on the Platform.
4. The User warrants that all the information regarding his/her identity and capacity provided to HAWQR in the registration forms for the Platform is true, accurate, and complete. In addition, Users undertake to keep their details up to date
5. If a User provides any false, inaccurate, or incomplete information or if HAWQR considers that there are well-founded reasons to doubt the truthfulness, accuracy, or integrity of such information, HAWQR may deny that User’s current or future access to, and use of, the Platform or any of its contents and/or services.
3. USE OF APPLICATION & SERVICES

Our Platform provides you with the following services ("HAWQR Services")
a. It allows you to hire on-demand delivery services by connecting to the delivery partners directly through – the HAWQR DELIVERY APP[On-demand delivery App];
b. It allows to pick up- and drop off packages from 1 (one) location to the other through the Delivery Partners ("Pick Up and Drop Off Services");
c. It allows You to give ratings, write comments and reviews about Delivery Partners.
d. It facilitates improvement in the quality of the services provided by HAWQR on the Platform based on User ratings, reviews, and feedback provided on the Platform
i. When a PERSON/BUSINESS who is registered as a User needs help with, he/she must go to the online platform or the relevant HAWQR application and request the service using the said electronic methods. The basic delivery service involves the collection and subsequent delivery of a product to and from the addresses established by the User, provided that they are within the territory in which HAWQR operates.
ii. Users are solely responsible for providing the correct addresses for delivery and collection on the Platform, and therefore, release HAWQR and the Mandatory from any liability for negligence or error in the collection or delivery of the order, as a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery on the Platform shall be borne by the User

iii. HAWQR shall use your location-based information that is captured by HAWQR through a global positioning system [GPS] when you are using your mobile device to request a HAWQR Service on its mobile app. Such location-based information shall be used by HAWQR only to facilitate and improve the HAWQR Services being offered to you.

iv. HAWQR might, at its absolute sole discretion - add, modify, upgrade, extend, withdraw or alienate any of the HAWQR Services listed above from time to time. HAWQR does not provide any guarantee to you that the HAWQR Services will be made available to you at all times

v. You hereby agree and acknowledge that HAWQR is only a facilitator between You, the Merchants, and Delivery Partners (as the case may be) and HAWQR only provides you with access to the Platform to connect with Merchants and Delivery Partners for you to initiate transactions on the Platform. Further, You hereby agree and acknowledge that HAWQR shall not be liable for the conduct, acts, and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.

vi. You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains a harmful substance, and is in violation of this Terms of Use and applicable laws. Further, you hereby acknowledge and agree that HAWQR shall not be liable for any indirect, direct damage or loss, cost, or expense incurred by you in relation to the transactions initiated by you on the Platform.

vii. HAWQR does not check or verify the packages that are being picked up and dropped off on behalf of you or the Items that are being delivered to you by the Delivery Partner, and therefore HAWQR shall have no liability with respect to the same. However, if it comes to the knowledge of HAWQR that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop off Services using the Platform to deliver any illegal or dangerous substance, HAWQR shall have the right to report you to the government authorities and take other appropriate legal actions against you.

viii. HAWQR shall be entitled at any time without giving any reason terminate your request for any HAWQR Service.

ix. You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction.

x. If a transaction initiated by You on the Platform cannot be completed, HAWQR shall notify You on the Platform.

You understand and acknowledge that HAWQR by itself does not sell or provide any such Items. HAWQR is not responsible for the quality, merchantability, or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to the purchase or sale of any product from any Merchant, You may contact HAWQR support for routing. Your grievances to the Merchant through the Platform

4. SERVICE & TERMS :
Note: The User/Merchant has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or delivery services provided by third parties.
1. ON-DEMAND DELIVERY SERVICES : (e.g.: Restaurant food delivery, Groceries, Pharmacies and other errands delivery)
i. HAWQR provides a platform for end users and outlets (Restaurants, Groceries, Pharmacies and etc.) to connect with Delivery Partners for delivery services and to receive demand prediction, payment processing, and related information services in connection with the sale of the Items. “Delivery Partner” is defined as an independent contractor who intends to provide on-demand delivery services using HAWQR’s proprietary technology platform under license from HAWQR or one of its affiliates.

ii. HAWQR will not have any obligation to deliver the Item(s) as a platform provider. And for the purposes of delivery of the Items, HAWQR and the Delivery Partners shall operate.
iii. HAWQR, as your agent (including but not limited to receipt agent of Item charges and based on your instructions, if applicable, apply the Item charges collected on your behalf towards disbursal of the fee payable by you to Delivery Partner), and not an employee.
iv. For clarity, Merchant means Businesses, through the services provided by Delivery Partners, are responsible for the delivery of Items and you maintain possession, control, and care of the Items at all times.
v. Hawqr will not be liable for any damage or loss incurred by the Users in relation to the delivery of the Items and will follow the reasonable guidance you provide regarding the delivery of the Items.

2. COURIER & E-COMM DELIVERY SERVICES BY HAWQR :

i. You are required to provide complete and accurate information regarding the type of vehicle of the Delivery Partner to transport the item/Goods, the complete address of the pickup of the Goods, the destination of the recipient of the Goods and the type of Goods to be delivered by writing the details of the item (e.g., item name, item weight, and type of goods) in the Goods description field provided. You are also required to fill out information regarding the sender's telephone number and the recipient's telephone number and may provide special instructions on the delivery of Goods.

ii. Should you deem it necessary, subject to your own assessment in accordance with the details of the Goods, You can do packaging on the Goods so that the Goods sent by the Delivery Partner are not damaged during the trip.

iii. If the Goods to be shipped have been packed, the Driver Partner can, as permitted and witnessed by You, open and check the inside of the packaging to ensure that the contents are in accordance with the description of the Goods and do not violate the Hawqr Terms of Use.

iv. We do not provide loading and transport assistive equipment such as dollies, pallets, vertical transfer equipment, and other similar equipment. The User or the sender is responsible for providing such equipment if needed.[request to the delivery partner to bring along with the requested vehicle]

v. Fees of the Hawqr Service’s performance (“User Fee”) will be displayed on the Hawqr App before you use Hawqr Services. You understand and acknowledge that we can change the offer and/or update the User Fee offered from time to time based on certain factors, including location, time, and applicable laws and regulations. If there are other costs incurred during the provision of Hawqr Service for You, including but not limited to toll fees and parking fees, then You are fully responsible for these costs and the Delivery Partner has the right to request reimbursement of these other costs to You.

3. Policy on the Delivery of Prohibited Items (Non-Exhaustive List of Examples) :

i. Alcohol Products: Deliveries of alcohol are restricted in certain countries and/or cities in which the Platform operates.
ii. Animals and Regulated Species: Live Animals, Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.
iii. Drugs: Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits.
iv. Primary and Secondary Schools / Use by children: We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age.
v. Pyrotechnic devices and dangerous substances requiring special permission: Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.
vi. Culturally protected artifacts: Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; Artefacts, cave formations (stalactites and stalagmites);
vii. Money and Foreign Currency: Foreign currency or currencies insured with precious metals, as well as banknotes, coins, or any other valuable securities.
viii. Unset precious stones, industrial diamonds, any article that contains more than fifty percent by weight of gold or platinum or any combination thereof;
ix. Inappropriate Packages: that are wet, leaking, or emit an odor of any kind;
x. Waste or garbage for disposal.
xi. Weapons: Firearms, ammunition, and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition, or ammunition magazines.
xii. Misuse of the platform / Abuse: We will not tolerate the use of abusive language or abusive attitudes towards our company or freelance workers.

4. UNDELIVERED GOODS

• The User agrees that undelivered Goods, for the reason that the recipient cannot be found at the recipient's address, are not our responsibility. We do not provide depository services for goods in any form for the User or the recipients.
• In the event of undelivered Goods due to the recipient not being found at the recipient's address, the Delivery Partner will deliver such item/s back to the sender’s address.
• You represent and warrant that You know and understand the risks of sending Goods using Hawqr Services and:
A. if You are the sender of Goods, You are the person authorized to deliver Goods, and
B. if You are the recipient of the Goods, you are the person authorized to receive the Goods.
• In the event that loss or problems occurred when You experience during the provision of Hawqr Service, including due to an accident caused by the Driver Partner's negligence or traffic violation, We will, with Our best efforts, help bring You together with the relevant Delivery Partner in seeking solutions for the problem.
• The Delivery Partner has the right to refuse Your Hawqr Service request if the Delivery Partner has reasonable reasons to suspect that You have, or by accepting an order from You, You will violate the Hawqr Terms of Use, the Hawqr Terms of Use or applicable laws and regulations
5. SPECIAL TERMS AND CONDITIONS

HAWQR provides Users with a delivery service for products purchased by a Mandatory person in certain locations. Such an order can be carried out whenever the following conditions are met at the time of payment:
a. The goods to be delivered must be in one of the emirates, and within the available area, in which HAWQR operates.
b. The destination must be located in the same city as the product.
c. The product(s) ordered cannot exceed the following size: *
d. The maximum weight of a single order will be approximate:

Vehicle Type

Weight (KG)

Dimensions (CM)

MOTOR BIKE

Up to 15

L45 * W45 * H45

DELIVERY VAN

Up to 500

L170 * W100 * H120

CAR

Up to 250

L50 * W50 * H50

CHILLER VAN

Up to 750

L120 * W90 * H90

Contractual Relationship

These "Terms & Conditions" administer the entrance or use by you, a person, from inside any nation in the realm of utilizations, sites, substance, items, and administrations (the "Administrations"). It would be ideal if you read these terms and conditions carefully before accessing the services.

General User Terms & Conditions

Your entrance and utilization of the Services comprises your consent to be bound by these Terms & Conditions, which builds up a legally binding connection amidst you and delivery.hawqr. In the event that you don't consent to these Terms & Conditions, you may not access or utilize the Services. delivery.hawqr may quickly end services as for you, or by and large stop offering or deny access to the Services or any segment thereof, whenever for any reason.

Supplemental terms may apply to specific services, during a specific occasion, movement or advancement, and such supplemental terms will be unveiled to you regarding the material services. Supplemental terms notwithstanding, will be esteemed a piece of, the Terms & Conditions for the motivations behind the material services. Supplemental terms will beat these Terms & Conditions in case of a contention regarding the pertinent services.

delivery.hawqr may correct the Terms & Conditions identified with the services every once in a while. Alterations will be done upon delivery.hawqr posting of updated Terms & Conditions at this area or the changed arrangements or supplemental terms on the relevant Service. Your proceeding with access or utilization of the services after such presenting establishes your assent to be bound by the Terms & Conditions, as altered.

delivery.hawqr may give to a cases processor or a safety net provider any fundamental data (counting your contact data) if there is a dissension, debate or strife, which may incorporate a mishap, including you and a Third Party Provider and such data or information is important to determine the grumbling, question or struggle.
License.

Subject to your consistency with these Terms & Conditions, delivery.hawqr awards you a constrained, non-elite, non-sublicensable, revocable, non-transferrable permit to: (I) access and utilize the Applications on your own gadget exclusively regarding your utilization of the Services; and (ii) access and utilize any substance, data and related materials that might be made accessible through the Services, for each situation exclusively for your own, noncommercial use. Any rights not explicitly allowed in this are held by delivery.hawqr licensors.

Restrictions.

You may not: (I) evacuate any copyright, trademark or other exclusive notification from any bit of the Services; (ii) replicate, change, get ready subsidiary works dependent on, circulate, permit, rent, move, exchange, exchange, freely show, openly perform, transmit, stream, communicate or generally misuse the Services aside from as explicitly allowed by delivery.hawqr; (iii) decompile, figure out or dismantle the Services with the exception of as might be allowed by material law; (iv) connection to, mirror or edge any bit of the services; (v) cause or dispatch any projects or contents to scrape, ordering, looking over, or generally information mining any part of the Services or unduly loading or frustrating the task as well as usefulness of any part of the Services; or (vi) endeavor to increase unapproved access to or disable any part of the Services or its related frameworks or systems.

Ownership.

The Services and rights will remain delivery.hawqr property licensors. Neither these Terms & Conditions, nor your utilization of the Services pass on or concede to you any rights: (I) in or identified with the Services aside from the constrained permit allowed above; or (ii) to utilize or reference in any way delivery.hawqr organization names, logos, item and administration names, trademarks or administrations marks or those of delivery.hawqr licensors.

Your Use of the Services

User Accounts.

To utilize most parts of the Services, you should enroll for and keep up a functioning individual client Services ("Account"). You should be 18+ years old, to acquire an Account. Record enlistment expects you to submit to delivery.hawqr individual data, for example, your name, address, cell phone number and age, and additionally no less than one substantial installment technique (either a charge card or acknowledged installment accomplice). You consent to keep up exact, finish, and up and coming data in your Account. Your inability to keep up exact, finish, and up and coming Account data, including having an invalid or lapsed installment strategy on document, may result in your powerlessness to access and utilize the Services or delivery.hawqr end these Terms & Conditions with you. You are in charge of all activity happens under your Account, and you consent to keep up the security and mystery of your Account username and secret key consistently.

User Requirements and Conduct.

The services aren’t accessible for use by people younger than 18. You may not approve outsiders to utilize your Account, and you may not permit people younger than 18 to get transportation or coordination administrations from Third Party Providers. You may not relegate or generally exchange your Account to some other individual or substance. You consent to follow every single pertinent law when utilizing the services, and you may just utilize the services for legal purposes. You won't, in your utilization of the Services, cause disturbance, irritation, burden, or property harm, regardless of whether to the Third Party Provider or some other gathering. In specific occurrences you might be solicited to give confirmation from identity to access or utilize the Services, and you concur that you might be denied access to or utilization of the Services in the event that you decline to give evidence of personality.

Promotional Codes.

delivery.hawqr offers limited time codes that might be reclaimed for Account credit, or different highlights or advantages identified with the Services as well as a Third Party Provider's administrations, subject to any extra terms that delivery.hawqr sets up on a for every special code premise ("Promo Codes"). You concur that Promo Codes:
(I) must be utilized for the target group and reason, and in a legal way;
(ii) may not be copied, sold or moved in any way, or made accessible to the overall population (regardless of whether presented on an open frame or something else), except if explicitly allowed by delivery.hawqr;
(iii) might be invalidated by delivery.hawqr whenever for any reason without risk;
(iv) may just be utilized as per the explicit terms that delivery.hawqr sets up for such Promo Code; (v) are not substantial for money;
(vi) may lapse preceding your utilization. delivery.hawqr maintains whatever authority is needed to retain or deduct credits or different highlights or advantages acquired using Promo Codes by you or some other client if delivery.hawqr decides or trusts that the utilization or reclamation of the Promo Code was in blunder, deceitful, unlawful, or disregarding the pertinent Promo Code terms or these Terms & Conditions.

User Provided Content.

delivery.hawqr may allow you now and again to submit, transfer, distribute or generally make accessible to the Services literary, sound, or potentially visual substance and data, including critique and criticism identified with the Services, commencement of help solicitations, and accommodation of passages for rivalries and advancements ("User Content"). Any User Content given by you remains your property. In any case, by giving User Content to delivery.hawqr, you give an around the world, unending, permanent, transferrable, eminence free permit, with the privilege to sublicense, to utilize, duplicate, adjust, make subordinate works of, appropriate, openly show, freely perform, and generally misuse in any way such User Content in all arrangements and dissemination channels currently known or in the future contrived (incorporating into association with the Services and delivery.hawqr the same old thing and on outsider locales and administrations), without further notice to or assent from you, and without the prerequisite of installment to you or some other individual or element.

You speak to and warrant that: (I) you either are the sole and select proprietor of all User Content or you have all rights, licenses, assets and discharges important to give delivery.hawqr the permit to the User Content as put forward above; and (ii) neither the User Content nor your accommodation, transferring, distributing or generally making accessible of such User Content nor delivery.hawqr utilization of the User Content as allowed in this will encroach, abuse or damage an outsider's protected innovation or exclusive rights, or privileges of exposure or security, or result in the infringement of any relevant law or direction.

You consent to not give User Content that is slanderous, derogatory, contemptuous, savage, profane, obscene, unlawful, or generally hostile, as controlled by delivery.hawqr in its sole watchfulness, regardless of whether such material might be secured by law. delivery.hawqr may, however will not be committed to, survey, screen, or evacuate User Content, at delivery.hawqr sole prudence and whenever and for any reason, without notice to you.

Network Access and Devices.

You are in charge of getting the information arranged to be important to utilize the Services. Your portable system's information and informing rates and expenses may apply on the off chance that you access or utilize the Services from a remote empowered gadget and you will be in charge of such rates and charges. You are in charge of getting and refreshing perfect equipment or gadgets important to access and utilize the Services and Applications and any updates thereto. delivery.hawqr does not ensure that the Services, or any segment thereof, will work on a specific equipment or gadgets. Also, the Services might be liable to glitches

Payment

You comprehend that utilization of the Services may result in charges to you for the administrations or merchandise you get from a Third Party Provider ("Charges''). After you have gotten administrations or products acquired through your utilization of the Service, delivery.hawqr will encourage your installment of the material Charges for the benefit of the Third Party Provider thusly Third Party Provider's constrained installment accumulation operator. Installment of the Charges in such way will be viewed as equivalent to installment made straightforwardly by you to the Third Party Provider. Charges will be comprehensive of relevant expenses where required by law. Charges paid by you are conclusive and non-refundable, except if generally dictated by delivery.hawqr. You hold the privilege to ask for lower Charges from a Third Party Provider for administrations or products gotten by you from such Third Party Provider at the time you get such administrations or merchandise. delivery.hawqr will react in like manner to any demand from a Third Party Provider to adjust the Charges for a specific administration or great.

All Charges are expected quickly and installment will be encouraged by delivery.hawqr utilizing the favored installment technique assigned in your Account, after which delivery.hawqr will send you a receipt by email. In the event that your essential Account installment strategy is resolved to be terminated, invalid or generally not ready to be charged, you concur that delivery.hawqr may, as the Third Party Provider's constrained installment accumulation specialist, utilize an optional installment technique in your Account, if accessible.

This installment structure is planned to completely repay the Third Party Provider for the administrations or products given. Aside from as for cab transportation administrations asked for through the Application, delivery.hawqr does not assign any bit of your installment as a tip or tip to the Third Party Provider. Any portrayal by delivery.hawqr (on delivery.hawqr site, in the Application, or in delivery.hawqr advertising materials) such that tipping is "deliberate," "not required," as well as "included" in the installments you make for administrations or products gave isn't proposed to recommend that delivery.hawqr gives any extra sums, past those depicted above, to the Third Party Provider.

General

You may not dole out or move these Terms & Conditions in entire or partially without delivery.hawqr endorsement. You give your endorsement to delivery.hawqr for it to appoint or move these Terms & Conditions in entire or to some extent, including to: (I) a backup or associate; (ii) an acquirer of delivery.hawqr value, business or resources; or (iii) a successor by merger.

On the off chance that any arrangement of these Terms & Conditions is held to be unlawful, invalid or unenforceable, in entire or to some extent, under any law, such arrangement or part thereof will to that degree be regarded not to frame some portion of these Terms & Conditions but rather the lawfulness, legitimacy and enforceability of alternate arrangements. These Terms & Conditions comprise the whole ascension and comprehension of the gatherings as for its topic and replaces and overrides all earlier or contemporaneous understandings or endeavors with respect to such topic.