General Terms

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

• If 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 Youtogether 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

  
  

3. SPECIAL TERMS FOR THE DELIVERIES:

HAWQR provides Users with a delivery service for products ordered over a call/Online /Offline and purchased by a Mandatory in-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 territories, and within the available area, in which HAWQR operates.

(b) The destination must be located in the same territories as the product.

(c) Multiple Deliveries: The multiple deliveries/items/shipments

(d) The product(s) ordered cannot exceed the following size: *

(e) The maximum weight of a single order will be approximate:

Note : The above-mentioned size a the case of vehicles capable of accommodating such volumes.

(4) Service Fees:

(a) Fees of the Hawqr Service’s performance (“User Fee”) will be displayed on the Hawqr App before you use Hawqr delivery 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.

(b) While initiating a request for a Delivery Service, you shall pay the service fees for availing of the Pickup and Drop off Service, as may be displayed to you onthe Platform. Only upon making such payment will be the Delivery Partner initiate the Pick-Up and Drop off Service.

(c) The total price of each service may be composed of a variable percentage based on the number of kilometers traveled and the time taken by the Mandatory. HAWQR reserves the right to change the price based on the distance traveled and/or the time slot in which the service is performed.

(d)HAWQR reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication.

(e) GST FEE:

• Any information shall be considered only prospectively. Under no circumstances, will invoices be revised retrospectively for delay in providing GST registration information.

• Taxes on the Invoices wherever applicable, shall have to be paid by the recipient of services.

• GST, as applicable, will be levied on the Invoice.

(f) IF THERE ARE OTHER COSTS INCURRED IN CONNECTION WITH THE TRANSACTION, INCLUDING BUT NOT LIMITED TO (EX: BUILDING ENTRANCE FEES, PARKING FEE, FREEZONE ENTRY FEE &, ETC.) YOU SHALL BE FULLY RESPONSIBLE FOR THESE COSTS AND THE DELIVERY PARTNER HAS THE RIGHT TO REQUEST REIMBURSEMENT OF THESE OTHER COSTS FROM YOU BY PROVIDING SUPPORTING EVIDENCE (E.G. BILL RECEIPT).

Standard Delivery fee includes the transportation of the delivery items/goods/Shipments within the specific dimension and quantity to the recipient. Please refer to the latest pricing, dimension, and quantity guidelines posted at https://www.hawqr.com/PricingSheet On https://www.hawqr.com and/or the hawqr app. The guidelines may be amended and updated at our sole discretion from time to time without prior notice.

5. CANCELLATION CHARGES FOR DELIVERY SERVICES :

a. For On-demand Instant delivery Services: if a user cancels after the order is placed and accepted by the delivery partner and/or after the driver arrives at the pickup location, 50% of the delivery fee is charged.

b. For Trucking Services: The delivery partner will call to confirm the order before departing. If delivery is confirmed with the delivery partner, then a cancellation happens after the scheduled time, 50% of the order fee will be chargeable to the customer.

c. Once the user selects vehicle type and starting point/end-point has been entered into the hawqr app, it will provide users with the estimated delivery price. By confirming the delivery request, you accept to pay the delivery price quoted according to the price estimation.

d. An electronic receipt will be automatically provided after the completion of an order and the same will be shown in notifications or orders summaries of the User’s account

NOTE: NO HARD COPIES OR INVOICE RECEIPTS WILL BE PROVIDED FROM HAWQR.

6. Payment Terms & Purchases:

(A) Payment Platforms:

(1) Payment by Users for products and/or services is received at HAWQR’s accounts through an Electronic Money Institution (Payment Gateway Service).Electronic Money Institutions are authorized to provide, directly or indirectly, regulated payment services in all the territories in which HAWQR operates and comply with the current legislation applicable to payment services for Platforms such as HAWQR*

(2) You agree that HAWQR may use certain third-party vendors and service providers, including payment gateways, to process the payments made by you on the Platform.

(B) MULTI-CURRENCY PRICED TRANSACTION:

(1) The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

(C) MULTI-CURRENCY PRICED TRANSACTION:

(1) Once the payment is made, the confirmation notice will be sent to the customer/user via registered mail and mobile number within 24 hours of receipt of the payment.

i. The price of the service shall be as stated on the Platform. However, the User knows that the price of the service may vary in real-time due to the demand surge appearing on the platform and that the User will in any event always be told the final cost before payment.

ii. Similarly, at the payment gateway stage, the User will be informed of the final price and approximate time of delivery by the terms of HAWQR’s delivery service set forth above.

iii. The User may pay for the products and/or services in cash or by credit card. When booking the service, the User will be informed of the various payment options available in the territory from which the service is being requested. To pay with a credit card, the User must provide the card details through the platform as a payment method associated with his/her account. HAWQR does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on HAWQR’s behalf. Users paying by credit card will incur no additional charges for choosing this payment method. All this is by the terms of the payment platform outlined in the above Clause.

7. Cash Collection on Delivery Management

(i) If applicable, in the event items are delivered by the HAWQR to the Customer on behalf of the Merchant through Cash-on-delivery (“COD”), then the payment shall be collected by HAWQR, in its role as a limited collection agent, once delivered. For the avoidance of doubt, any funds collected by HAWQR (or a HAWQR, as thecase may be) as a limited payment collection agent (including without limitationany funds collected by credit, cheque, cash, or other non-cash proceeds).

(ii) Any issues related to the cash collection caused by the Customer, such as payment by counterfeit bills or refusal to pay at the time of delivery, shall be the responsibility of the Sender with its Customer.

(iii) Unless otherwise agreed in writing, the maximum COD amount the “Maximum COD Amount” that can be collected by HAWQR per order delivered shall not be more than AED 1000 (or the equivalent in local currency in the Territory). The foregoing notwithstanding, nothing shall prevent HAWQR from agreeing to make a specific, ad hoc delivery, by this Agreement, on a COD basis that exceeds the Maximum

(iv) COD Amount provided an authorized representative of HAWQR has agreed to such delivery in writing beforehand. HAWQR shall not be responsible in any wayshould the Sender fail to seek and receive such written approval for deliveries that exceed the Maximum COD Amount.

8. Cancellation & Refund Policy :

(i) If you wish to cancel any transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that you may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be.

(ii) The customer’s refund amount is credited back to the user’s wallet within 24 hours or refunds will be made back to the payment solution used initially by the customer within 3 business days.

Note: Refunds will be done only through the “Original Mode Of Payment”

(iii)Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping & Handling fees are non-refundable.

(iv) To provide Users with greater support, HAWQR shall be their first point of contact and shall accept liability for payments made on the Platform. Such liability includes refunds, returns, cancellations and early-stage dispute resolution, and it is without prejudice to any actions that may be taken by HAWQR vis-à-vis local merchants as the sole physical sellers of the products ordered by Users.

(v) By the foregoing, in the event of a dispute, HAWQR shall provide the first line of support and shall reimburse the User if this is deemed appropriate. vi. If a User has any issues with the progress of his/her order, he/she may contact HAWQR’s User assistance service through the methods made available to Users on the Platform.

9. Promotional Codes and/or Other Offers or Discounts

(i) You can use Your Hawqr Promo code/voucher as available in Hawqr Service as a deduction on the Product or delivery fee.

(ii) Promotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them.iii. HAWQR reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts), at the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the amount for which Hawqr has been defrauded as a result of such use.

(iii)HAWQR reserves the right to unilaterally cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts), at the end of the above-mentioned period. Furthermore, it reserves the right to apply sanctions to Users for the amount for which Hawqr has been defrauded as a result of such use.

9. Intellectual Property Rights

(i) 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

(ii) The trademarks, logos, and service marks displayed on the Platform ("Marks") are the property of HAWQR, except for 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 a third party as may be applicable.

10. Communications

You hereby expressly agree to receive communications by way of SMSs 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.

11. Geo Location

(i) HAWQR may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorized by the User. The said location data may be collected and used by HAWQR to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geo-location data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable geo-location on their devices as provided in the Data Privacy Policy.

(ii) The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, HAWQR will accept no liability for errors or omissions in the provision of such addresses by the User.

12. General Legal Terms :

(i) Amendments : HAWQR reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify you of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify your consent to such changes and agreement to be legally bound by the same. Notice: All notices from HAWQR will be served by email to your registered email address or by general notification on the Platform.

(ii) COPYRIGHT POLICY : Hawqr may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense, or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

(iii) INTELLECTUAL PROPERTY : Although Hawqr is not responsible for the content, quality, or accuracy of data provided by users, compilations of such data, text, information, and other materials made available to users through Hawqr’s system. The On-line Materials are Hawqr’s intellectual property and are protected by the U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without the prior written consent of the Company, except as expressly and specifically permitted under these Terms of Use

(iv) Assignment : You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. HAWQR’s rights under the Terms of Use are freely transferable by HAWQR to any third party without the requirement of informing you or seeking your consent.

(v) OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES: COMPANY will not trade with or provide any services to individuals and companies owned or controlled by or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country-specific.

(vi) Severability : If for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.

(vii) Waiver : Any failure by HAWQR to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by HAWQR of that provision or right.

(viii)Integration : These Terms of Use together with HAWQR’s Privacy Policy and any other legal notices, communications published by HAWQR on its Platform, and any other agreements executed between You and HAWQR shall constitute the entire agreement between you and HAWQR concerning its Platform, HAWQR Services and governs Your use of the Platform and HAWQR Service, superseding any prior agreements between You and HAWQR concerning the Platform and HAWQR Service

(ix) IP Infringement : If You believe the Platform violates Your intellectual property, Youmust promptly notify HAWQR in writing at [legal@hawqr.com] These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by you may result in the termination of your access to the Platform. You are required to provide the following details in Your notice:

(a) the intellectual property that You believe is being infringed;

(b) the item that You think is infringing and include sufficient information about where the material is located on the Platform;

(c) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;

(d) Your contact details, such as Your address, telephone number, and/or email;

(e) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and

(f) Your physical or electronic signature.

13. HAWQR’s Responsibility

(i) Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to HAWQR using the contact channels made available to Users, and HAWQR will analyze the incident and instruct the User on how to resolve it as quickly as possible.

(ii) HAWQR does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.

(iii) HAWQR will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

(iv) HAWQR accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

• The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
• A malfunction of the browser;
• The use of outdated versions thereof.

• You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company/Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If Company/Client takes any legal action against you as a result of your violation of these Terms of Use, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

• Users may de-register from the Platform using the Contact Form on the Platform.