Terms and Condition

Agarwalpackers.ae is an online platform that offers various logistics services to households and even to corporates and international shifting divisions. Services are booked on the website or through a mobile application and are delivered by the service provider directly to the customers.

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the agarwalpackers.ae website (“Website”) and Agarwal Packers mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Agarwal Packers Dubai (“We” “Us” “Our”, the “Company”, as applicable). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Agarwal Packers Dubai even though it is electronic and is not physically signed by you, and it governs your use of the Services. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion. The Company is part of the APML Group which operates various websites and the Website.

1. DEFINITIONS

The following capitalized terms shall have the following meaning, except where the context otherwise requires:

1.1. Affiliates means any company that is controlled or owned by APML Dubai, any company commonly controlled or owned by APML Dubai and Agarwal Packers and Movers Ltd. entity jointly offering the Service.

1.2. APML Dubai means the owner of www.agarwalpackers.ae and whose registered office is D1, Land Area: Al Mararr, Plot No. 445-0, Land DM No (Affection Plan) -117-615, Makani No 29827 96872, Property No. F3-07. DEWA Premise No. 114135002, Dubai, United Arab Emirates.

1.3. APML Group means the parent company which operates this Website and various other websites providing services in the Transportation and Logistics domain.

1.4. Customer means the person, company, firm or other legal body placing the Order, either on their own behalf as Client, or, as an agent for a Client.

1.5. Person means an individual, corporation, company or any other legal entity.

1.6. Place of Delivery means the location to which APML has contracted to deliver the consignment.

1.7. Place of Receipt means the location from which APML has contracted to receive the consignment.

1.8. Consignment means all goods of a Customer sent at one time in one load from one address to one destination.

1.9. Services include the core Services provided to the Users by APML i.e. International Moving, Household Moving and Corporate Relocation.

1.10. Intellectual Property Rights means all intellectual property, including patents, trademarks, rights in goodwill, database rights and rights in data, rights in designs, copyrights and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all inventions, rights in know-how, trade secrets and confidential information, customer and supplier lists and other proprietary knowledge and information and all rights under licences and consents in relation to any such rights and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world for their full term, including any renewals and extensions.

1.11. Material means the material and content published on the Website or otherwise provided by the Company in connection with the Services.

1.12. Privacy Policy means the privacy policy of the Company as updated from time to time.

1.13. User Details means the details a User must provide upon requesting a quote for the Services on the Website from time to time (for example: ‘name’, ‘phone number’, ‘email id’, ‘location from’ from which APML has contracted to receive the consignment, ‘location to which APML’ has contracted to deliver the consignment.)

2. GENERAL TERMS AND CONDITIONS WHICH APPLY TO USERS

2.1. While requesting any quote on the Website, the User must provide true, accurate, current and complete User Details.

2.2. The User hereby warrants and represents to the Company that it is at least eighteen years of age and legally able to enter into contracts.

2.3. The User Details and data relating to its use of the Website will be recorded by the Company but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis, or in accordance with the Privacy Policy or in accordance with Clause 2.4 below) nor used for any purpose unrelated to the Website. By agreeing to the terms, you expressly give us permission to verify the authenticity of your details by calling you on the phone number submitted to us. The call may be recorded for quality assurance.

2.4. The User hereby authorizes the Company to use any information which it submits to the Website to inform the User of special offers, occasional third party offers and for other marketing and related purposes. Without prejudice to Clause 2.3 above, the Company will not use User data for any other purposes than as set out in this Agreement except that the Company may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.

2.5. If the User does not wish the Company to use its information as set out in Clause 2.4 above, it should leave the Website before submitting its personal details.

2.6. If the User does not want the Company to use its email address or SMS/mobile number to send information concerning the Website and related matters, the User should send an email message to customercare@agarwalpackers.comand insert unsubscribe as the subject heading of such message.

2.7. You must keep confidential any User identification and password details set-up or given to you as part of our security procedures and must not disclose them to any third party.

2.8. For the avoidance of doubt, the Company is providing a Service, not goods.

2.9. The following restrictions shall apply to all Users:

a. The User must not use the Website or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website or any Service or any operating system.

b. The User must not use any automated software to view the Service without our consent (including use of spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file) and only access the Service manually.

c. The User must not use the Service other than for your own personal use.

d. The User must not use any Service in any manner that is illegal, immoral or harmful to the APML Group.

e. The User must not use any Service in breach of any policy or other notice on the Website.

2.10. The Company may employ a third-party provider for processing credit card payments for users that use the Services provided. Such third-party providers may have access to personal information provided by users needed in order to perform their functions, but may not use it for any other purpose. The Company does not have access to or retain any User’s payment information.

3. INTELLECTUAL PROPERTY

3.1. APML Group owns all Intellectual Property Rights in and associated with the Website and the Service, including without limitation, any trademarks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained in the Website should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on the Website without our written permission. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. Material displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.

3.2. The Company takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold the Company liable in relation to such issues, the Company requests all Users to report such matters immediately to the Company, and the Company informs the appropriate authorities.

3.3. If you are an owner of Intellectual Property Rights or an agent who is fully authorised to act on behalf of the owner of Intellectual Property Rights and believe that any Material or other content infringes upon your Intellectual Property Right or the Intellectual Property Rights of the owner on whose behalf you are authorised to act, you may submit a notification to the Company together with a request to the Company to delete the relevant Material in good faith. The notification and the request must contain the following information:

a. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

b. Identification of the Intellectual Property Rights claimed to have been infringed, or, if multiple Intellectual Property Rights can be covered by a single notification, a representative list of such works.

c. Identification of the Material (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the Material.

d. Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and an electronic mail address.

e. A signed statement that you have a good faith belief that use of the Material in the manner complained of is not authorised by the Intellectual Property Rights owner, its agent, or the law.

f. A signed statement that the Intellectual Property Rights owner holds the Company harmless from any claim of any third party in connection with the Company removing the relevant content.

g. A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.4. All notifications under Clauses 3.3 and 3.4 must be sent to legaldesk@agarwalpackers.com.

4. DISPUTE RESOLUTION MECHANISM

4.1. If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to Dubai Courts in the United Arab Emirates. The case will be determined by the court. Any dispute between us will be governed by the non-exclusive law and jurisdiction of the United Arab Emirates. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the Dubai, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.

5. CANCELLATION AND REFUND POLICY

5.1. Cancellation Policy

In case you wish to cancel your orders placed at agarwalpackers.ae, you could do so within 24 hours of the orders placed. The cancellation would not be done once the consignment has already been shipped.

5.2. Refund Policy

In case of a cancellation, please get in touch with our customer care at the registered phone no. mentioned on the website or mail at customercare@agarwalpackers.comfor a refund of your money with all required proofs.

5.3. Pricing Policy

The rates are subject to the nature and kind of Services you avail as per your requirement which may depend upon its factors such as volume of the consignment, distance and for any other ancillary Services that Users desire to avail. Furthermore, rates of the Services are likely to change without prior notice.

6. CLAIM POLICY

6.1. Damages may occur to the consignments during transit on account of rough, hilly and difficult terrains that is witnessed in the country. APML always tries to impress upon our clients the advantage of taking risk coverage while booking with APML and recommends them to pay risk coverage charges through online mode/chequepayment for their consignment to avoid any contingency that may happen in unpredictable conditions.The claim is only applicable with risk coverage i.e opted by customer for particular consignment or transit. And the terms are only applicable and in favour of company policy that may change periodically. Any dispute or legal procedure may opt to origin country where the company headquarter is registered.

6.2. APML must be notified in writing of any loss or damage at the time the goods are handed to you or your agent or as soon as practically possible. For goods which we deliver, you must give us detailed notice in writing of any loss and damage within seven days of delivery by us. We may agree to extend this time limit upon receipt of your written request provided such request is received within seven days of delivery. Consent to such a request will not be unreasonably withheld.

7. NO SPAM POLICY

7.1. You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses are expressly prohibited by these Terms.

7.2. Any unauthorised use of the Company computer systems is a violation of this Agreement and certain applicable laws, in particular the United Arab Emirates Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that the United Arab Emirates Cybercrimes legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant United Arab Emirates laws.

8. LIMITATION OF LIABILITY

8.1. The Company shall not be liable for any consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages).

8.2. The limitations at Clause 8.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Service or any links to the Website or Service.

8.3. The limitations in this Clause 8 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for User submissions or the defamatory, offensive or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

8.4. Whilst the Company will take all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing any Material from the Website.

8.5. The Company does not guarantee that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. The Company may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.

8.6. The Company is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.

8.7. The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the Website and has not approved such linked websites or the material or information available from them.

8.8. The Company does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. The Company has no liability whatsoever in respect of any use which the User makes of such information. The Website, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.

8.9. None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Company or its appointed agents.

8.10. The Website is controlled and offered by the Company from facilities in Dubai in the United Arab Emirates. The Company makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.

9. INDEMNITY

9.1. The User agrees to defend, indemnify and hold harmless the Company, the APML Group and each of their officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of, or your inability to use, the Website or the Service; (b) your breach of any provision of this Agreement; and/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defense and indemnification obligation will survive termination, modification or expiration of this Agreement and your use of the Website and the Service.

10. CUSTOM REGULATIONS

10.1. The custom regulations for the Services provided to the User in United Arab Emirates’s Mainland and Free Trade Zones shall be governed by the Common Customs Law for the Arab States of the Gulf (Gulf Cooperation Council States).

11. GENERAL

11.1. Subject to Clause ‎8.2, this Agreement, the Privacy Policy and any other expressly incorporated document constitute the entire Agreement between you and the Company and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause ‎11.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

11.2. The Company reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of this Agreement. Prior to using the Website again in the future, Users should check that the Effective Date has not changed. If it has, the User should examine the new set of terms and conditions and only use the Website if it accepts the new terms and conditions. If you do not accept the changes you should immediately discontinue your access to the Website and your use of the Service.

11.3. If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

11.4. The Company reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. The User may not assign or otherwise transfer its rights or obligations under this Agreement without the Company’s prior written consent.

11.5. Any notice given pursuant to this Agreement may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update the Company of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.

11.6. The Company shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

11.7. Any delay or forbearance by the Company in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

11.8. The headings in this Agreement are solely used for convenience and shall not have any legal or contractual significance.

11.9. These Terms shall be governed by and construed in accordance with the law of the Dubai International Financial Centre (“DIFC”), Dubai, United Arab Emirates, and the parties submit to the exclusive jurisdiction of the DIFC Courts, save that the Company may take action in any relevant jurisdiction to enforce its Intellectual Property Rights. You agree that any cause of action brought by you arising out of or related to your use of the Service and/or the Website must commence within a reasonable time and in any event within one (1) year after the cause of action accrues.

11.10. This Agreement shall ensure the benefit of and be binding upon each party's successors.

11.11. If this Agreement is translated into any other language and there is a discrepancy between the English text and the text of the other language, the English text version will prevail.

11.12. All Website design, text, graphics, the selection and arrangement there of are Copyright ©2021, agarwalpackers.ae. ALL RIGHTS RESERVED