Terms and Conditions

Effective Date: April 2021

OVERVIEW
1. These terms and conditions govern your access and using the websitewww.xbress.com(referred to as “Xbress”, “Site”), which is a trade name and trademark duly registered with the Ministry of Commerce and Investmentin the kingdom of Saudi Arabia, and owned by XBRESS LOGISTICS WEB SERVICES CO. W.L.L., and Commercial Register number (----------------------), headquartered at -------------------------------------, Zip Code (------------).
2. Please read these terms and conditions beside privacy policy, cookie policy and all supplemental policies relating to your use of the services (collectively referred to as "Our Terms") to ensure that you understand each item before using the Xbresssite as they affect your legal rights. By accessing or using any part of the website or services, you confirm that you have read, understood and agreed to these terms and conditions in their entirety and agree to be bound by these terms. If you do not agree to all of these terms, you may not access the site or use the services.
3. Please check this page regularly to see the updates or changes to them, any new terms will automatically be effective when they are published on the website.
4. You acknowledge our right to:
  1. Amend or change all/or any part of these terms and policies.
  2. Refuse any user access to the website.
  3. Terminate the offending user accounts of our terms.
  4. Modify or withdraw the site temporarily or permanently without notice.
DEFINITIONS
In this Agreement, unless the context requires otherwise, the following terms shall have the meanings referred:
1. “Xbress”, “website”, “We”, “Us” or “Our”: Refers to the website www.xbress.comand its services.
2. “Account”: Refers to the user’s account in Xbresssite, whether it is a service provider or a customer.
3. “User”, “you” or "your”: Refers toeveryone creating an account, visiting the website, or using the services.
4. “Service Provider”, “Shipping Company”: Refers to the entity that has been licensed by the Public Transportation Authority to provide shipping services to customers.
5. “Customer” or “Consignor”: Refers to each natural or legal person who requests shipping services from the service providers that have registered on the website.
6. “Consignee”: Refers to the person who has the right to receive the shipment from the service provider whether by himself or by someone on his behalf.
7. “Parties to the Shipping operation”:Refers to the service provider, the customer, and the consignee.
8. “Service”: Refers to the electronic shipping intermediation service provided by Xbresswebsite to the parties to the shipping operation.
9. “Laws”: Refers to the laws and regulations in force in the Kingdom of Saudi Arabia.
10. “Content”: Refers to all audios, videos, texts, graphics, images, and any other material entered, processed, included, or accessed through thewebsite.
11. “Agreement”: Refers to these terms and conditionscontained herein, as well as the privacy policyand all other policiesand conditions.
LEGAL SCOPE OF SERVICES
1. Xbressis a website which acts as an intermediary electronic platform between service providers (shipping companies) on the one hand, and customers on the other, allowing the customer to enter the shipment data, search shipping companies and compare their prices to choose a suitable price for him.
2. Xbresssite provides the following:
  1. Register an account, track orders and enjoy the full benefits offered by the website.
  2. Intermediary services between shipping companies and customers. Xbress role is limited to providing the ability to search and find shipping companies and suitable prices, and connecting the customer with the service provider to get the announced services and we shall not be liable for the communications by customers with the service providers.
  3. Payment services those are suitable for all customers.
  4. Technical support services for all users.
3. Xbress'sservices are provided in accordance with applicable regulations in the kingdom of Saudi Arabiaand the provisions of the e-commerce law on all services requested through the website.
4. These terms shall be a valid contract satisfying the legal elements and shall be enforceable against everyone who uses the services ofXbress. Its provisions and obligations shall be binding on all of them, and neither party may derogate from it or terminate it since it has resulted in its legal effects.
USER ACCOUNT
1. In order to access and use certain sections and features of the Xbressservices, you must register an account, you agreethat you full legal capacitynecessary for concluding contracts and you have the full unrestricted legal authorities
2. The Xbresssite provides two types of accounts:
  1. Registration as an ordinary person: If you are registering as a person you declare that you have attained the applicable legal age (18 years old), if you are under 18, you may use the site services only with involvement of a parent or guardian.
  2. Registration as a business entity: If you are registering as a business entity, you represent that you have the authority to bind that entity to these terms and conditions and that you and the business entity will comply with all applicable laws.
3. You agree to comply with all laws in force in the kingdomand comply with any and all instructions and instructions related to the use of the website.
4. You agree to provide us with complete, correct, and accurate information, and commit to updating them immediately if any changes occur to them, and you bear full responsibility for the unreliability or error of such data, and update such information whenever there are any changes to it.
5. It shall be stipulated that the person registers in the website in his true name if a natural person and its trade name if a legal person, not use an alias, unknown, untrue or misleading names.
6. The user undertakes to maintain the confidentiality of the account data (password and username) and assume responsibility for all activities that occur through the account.
7. The user undertakes to report usimmediately of any unauthorized use, illegal of theaccount or any other breach of account and sitesecurity.
8. Xbressreserves the right to deny, restrict or terminate your access to the website or ban the account at any time without notice in the following cases:
  1. If you do not comply with the terms and policies or rules and guidelines for use on the site.
  2. If you provide any information that is incorrect, inaccurate, outdated or incomplete.
  3. If your actions have caused any loss or liability to us or our users.
  4. If we decide that, you are using the account in a manner not permitted under these terms.
  5. If we see any other violations in any other circumstances.
USAGE LICENSES
1. We grantyou a limited, non-exclusive, non-sub licensable, irrevocable, non-transferable license to access and use this Xbresssiteand its content, information or related materials that may be made available through the services, solely for your personal, non-commercial use.Any rights not expressly granted herein are reserved by XBRESS LOGISTICS WEB SERVICES CO. W.L.L..
2. The rights granted to you in these terms are subject to the following restrictions:
  1. You shall not license, sell, rent, transfer, assign, distribute, host, or otherwise commercially exploit the service.
  2. You shall not modify, translate, adapt, merge, make derivative works of, and disassemble any part of the website.
  3. You shall not access the service or the websitein order to build similar or competitive services.
  4. You shall not remove or ravage any copyright notices or other property marks contained on the website.
CODE OF CONDUCT
1. You agree that you will comply with all applicable laws, rules and regulations when using theXbresssite, and agree not to do the following:
  1. Using the website outsidethe scope of the purposes explicitly permitted by the terms and conditions.
  2. Using the website to breach any applicable local law, regulation or rules of practice, or in any way that causes damage to our business, reputation or our trademarks.
  3. Impersonate any person or entity, including any employee or representative of our company.
  4. Submit unwanted emails (spam) or messages that support any illegal activities.
  5. Submit any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights.
  6. Submit, or provide any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  7. Submit files that contain material that could be considered harmful, scandalous, pornographic, sexually explicit, indecent, vulgar, violent, offensive, insulting, threatening, harassing, hateful or unacceptable.
  8. Publish, submitor insert of any material containing viruses or other harmful software (Trojans, Worms, Logic Bombs, Time Bombs, Keystroke loggers, Spyware, Adware) or any malicious code, files or other software designed to damage, interfere with or identify the normal operation of the service (or any part thereof), or any other software or computer hardware.
  9. Collecting or tracking the personal information about the users.
  10. Tampering with data and information, and attempting to modify or destroy any security or documentary procedures.
  11. Attempting to gain unauthorized access to the website or any networks, servers or computer systems connected to the website.
  12. Modify, copy, adapt, translate, extract the source code or reverse engineer any part of the website, make any derivative versions or re-format or frame any portion of the pages comprising the website, save to the extent expressly permitted in these Terms or by law.
  13. Infringement ofany trademark, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual relationships.
2. You acknowledge and agree that your failure to abide by any of the foregoing may result in the immediate termination of your account or any services provided to you – with or without notice, and without any refund of amounts paid on account of any such services.
DIGITAL SIGNATURE
Through your using and registration an account in the website or via clicking for accepting the conditions of the service upon claiming so via the site, you shall be considered to have implemented this the terms and conditions online and it shall be legally enforceable for you from the date of using the site, registering your account or from the date of clicking for accepting the terms and conditions.
TERMS AND OBLIGATIONS OF CUSTOMERS
1. The customer shall clarify all the shipmentdata to the service provider that will ship them including its type details, weights and nature.
2. The customer shall be prohibited to request from the service provider to ship the following:
  1. Any flammability or explosive items.
  2. Any items that pose a risk to the environment.
  3. Any solid, liquid or gaseous substances classified as hazardous substances in accordance with the provisions of international conventions.
  4. Any items which violate the intellectual property rights, commercial rights or rights of privacy of third parties.
  5. Alcoholic materials or drugs.
  6. The materials which encourage gambling.
  7. Weapons, ammunitions or items whose possession constitutes a criminal offence.
3. The customer shall undertake to:
  1. Obligation to the price specified for the shipment on the website.
  2. Authorize the service provider to carry or ship this shipment, and the customer shall warrant that he has all the legal authorities that enable him to issue this authorization.
  3. Make available all the documents that prove the property of the shipment ordered to be shipped or carried.
  4. Determine clearly the service required from the service providers.
4. The customer shall bear liability when shipping any items or products that are quickly spoiled, damaged or fragile, or when sending any precious items or sums of money, and he shall incur all the risks in case of ordering from the service provider to ship them.
5. The customer shall be obliged to disclose to the service provider and the Xbresssite the content of the shipment.
6. The customer shall be obliged to make sure that the shipment has been received from the service provider, and to make sure of its integrity, and shall be bound to inform the Xbresssite in case the shipment has not been received for any reason.
7. The customer is obligated to specify the places which the shipment will be shipped to, and these places should not have any governmental or non-governmental restrictions, and the order is shipped directly to the address specified by the customer after confirming how serious he is in the order and verifying the payment process.
8. The customer shall be bound to authorize the Xbresssite to collect the payments for the shipment order on behalf of the service provider (shipping company), and the site will transfer the funds of the orders to the shipping company.
9. The customer shall be bound to determine the shipment data accurately (type of shipment, weight, and details), and in case that the weight of the shipment is not identical to what sent by the customer, we are entitled to impose additional charge on the price of the shipment.
10. The customer shall be bound to determine the person authorized by him to receive the shipment from the shipping service provider (consignee).
11. The customer shall be bound not to directly communicate with the services providers and not to agree with them upon orders outside the framework applied on theXbresssite. In case of the breach by him of this obligation, the Xbresssite shall be entitled to permanently or temporarily suspend his use of the site as well as reserving all our other legal rights.
12. The customer acknowledges that he is personally liable when placing the shipping request without any legal liability of the Xbresssite. Also, the customer agrees that the site has no working or agency relationship with the service providers, and that our role is limited to linking the customer with the service provider via the website.
13. You agree that the Xbresssite has the right to disclose information of the parties to the shipping operationto each other, for the purposes of providing services.
14. The parties to the shipping operation (customer and service provider) shall be jointly liable in case of agreeingto ship any illegal materials or breach the provisions of these terms.
TERMS AND OBLIGATIONS OF SERVICE PROVIDERS
1. The service provider warrants that it exercises business according to the applicable laws and systems and that it has got all the licenses and permits necessary to do so.
2. The service provider warrants the property of the means of transport and shipment by which it ships the services to customers and shall undertake to get all the official documents of these means and shall ensure their fitness and renewal according to the laws in force.
3. The service provider shall undertake to preserve all items during the process of shipment, and to secure their carriage in a good way and not to follow any acts that might cause damage to the shipment.
4. The service provider shall be obliged not to tamper with the shipment after receiving it from the customer, and to transport them to the consignee in the same status received without delay.
5. The service provider shall be fully liable for the faults of the persons belonging to them or the persons used by them for carrying out the processes of shipping.
6. The service provider shall be bound by the necessity of performing the order of shipping, and shall be bound to pay all the compensations necessary to the customer in case of the delay of the shipping process.
7. The service provider shall be bound to make sure the condition of the shipment and their safety and legality, and that they don’t involve any items in breach of the laws in force not to be legally liable.
8. The service provider shall be bound to make sure of the national identity of the customer or his passport to make sure of his personality.
9. The service provider shall be bound to refuse to receive and transport any shipment that he suspected of their contents, and shall be obliged to inform about this shipment.
10. The service provider shall be bound to inform the Xbresssite in case the shipment could not be delivered to the consignee for any reason.
11. The service provider shall be bound to make sure the availability and observance of safety factors in the vehicle used in shipping.
12. The service provider shall be bound not to violate the privacy of the consignor and the consignee.
13. The service provider shall be bound not to directly communicate with the customers and not to agree with them upon orders outside the scope applied in the Xbresssite. In case of the breach by him of this obligation, we shall be entitled to permanently or temporarily suspend his use of the website as well as reserving all our other legal rights.
PAYMENT POLICY
1. All fees and prices on Xbress site are in KSA Riyal (SAR).
2. Xbresssiteprovides payment throughPayPal – Visa – MasterCard – Mada.
3. All transactions made through credit cards are due with immediate effect on the site.
4. We do not store credit cards numbers on our systems. Your payment details are protected before being transmitted using the latest electronic protection that follows the highest safety standards.
5. All information and data you enter through the electronic payment gateway are encrypted for the purpose of security protection, and the current correspondence is encrypted to and from the location of the service provider.
6. Xbresssiteassumes no liability in the event of the customer’s error in the payment process, nor does it take any responsibility because of piracy or fraud process on the cards used by the customer on the Internet.
7. The customer must make sure that the information about the credit card you are using in the payment is correct, accurate and valid before you complete the payment process.
LEGAL LIABILITY
1. Unless expressly provided herein, to the fullest extent permitted by law,XBRESS LOGISTICS WEB SERVICES CO. W.L.L.does not make any warranties or representations of any kind whether express or implied regarding the Xbresssiteor services available, any materials provided on the websitebased on “as is” and “as available”.
2. XBRESS LOGISTICS WEB SERVICES CO. W.L.L.endeavors to do its best ability to ensure that the site is available for use, but does not be liable for any possible interruptions of the service due to, but is not limited to, maintenance work, technical problems or other similar causes, and shall not be liable for damages, which may be caused by operation failure of the site.
3. The user agrees to assume full responsibility for your use of the Xbresssite and agrees that any information you send to us does not violate any property rights, encourage terrorism and hatred, or contain political or offensive material or information or pornographic images.
4. The user agrees to compensate us for any loss or damage caused by non-compliance with these terms and conditions or because violate these terms, and you must bear the costs and expenses of any direct and indirect claims.
5. XBRESS LOGISTICS WEB SERVICES CO. W.L.L.shall not be liable for damages caused by the mistake or negligence during shipping by the service providers, but we will review the orders with the shipping companies to ensure an intact and secure charging process.
6. XBRESS LOGISTICS WEB SERVICES CO. W.L.L.shall not be liable for any links to third-party websites accessible from the Xbresssite or for any instructions provided therein or the content to such websites.
7. XBRESS LOGISTICS WEB SERVICES CO. W.L.L.does not warrant that the site or servers will be error-free, uninterrupted, and free from unauthorized access; any email sent from the website is free of viruses or other harmful components.
8. On the Site, we may display names, marks, products, advertisements or services of third parties, pop-up texts, or links to third-party links. If you decide to link to any such third-party sites, you do so entirely at your own risk.
9. The responsibility of using the information received or reached by users through the website rests with both people who provide it, or who use it.
ACCURACY
XBRESS LOGISTICS WEB SERVICES CO. W.L.L.makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the website. The user is responsible for the data and information that is entered through theXbresssite, whether in terms of accuracy, completeness, and errors in it.
INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights in the services and contents related to the Xbresssite(including without limitation: the texts, graphics, logos, button icons, images, audio clips, video, digital downloads, documents, data compilations, software, programming rights and other symbols it contains (collectively referred to as “IntellectualProperty”), is the property of XBRESS LOGISTICS WEB SERVICES CO. W.L.L. or its licensors and is protected by intellectual property rights and laws, or international copyright.
2. You are not permitted publish, distribute, otherwise reproduce or copies any of content supplied to you or which is provided on the services, or use any part of the website content for commercial purposes without obtaining a license from us to do so.
3. You may not use or otherwise reproduce the Xbressname and logos or any marks which are similar without our prior written consent.
4. We reserve all rights in and to the service and all hardware, software and other items used to provide the service, other than the rights explicitly granted to you to use the service in accordance with these terms; all rights not explicitly granted to you are reserved by XBRESS LOGISTICS WEB SERVICES CO. W.L.L.
TRADEMARKS
1. Thepictures, logos (Xbress and Xbress.com), words, header of pages, icon buttons and service names on the site or related to the Xbresssite(collectively “Trademarks”) are the property of XBRESS LOGISTICS WEB SERVICES CO. W.L.L., Any third-party names, trademarks, and service marks appearing on our service are the property of their respective owners.
2. You may not use any of these trademarks or any variations thereof, for promotional purposes, in any way that deliberately or inadvertently.
3. Nothing contained on the site should be construed as granting any license or right to use any trademark without the prior written permission of the party that owns the trademark.
LINKS TO OTHER WEBSITES
1. The services may contain hyperlinks to websites operated by third-parties other than XBRESS LOGISTICS WEB SERVICES CO. W.L.L. Therefore, theXbresssite makes no guarantee or warranty of any kind with respect to these websites for their contents or the privacy or other practices.
2. You agree that, when linking to or otherwise using these websites, you are responsible for:
  1. Taking precautions as necessary to protect you and your devices from viruses and other harmful content.
  2. Downloading orusing any material that is indecent, offensive, or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical mistakes and other errors.
  3. Downloading or using any material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or that is subject to additional terms and conditions, stated or unstated.
  4. Any financial charges or other liabilities to third parties resulting from transactions or other activities on these websites.
  5. Reading and understanding any terms or policies that, apply to those third-party websites.
ELECTRONIC COMMUNICATIONS
1. We may send you notice by e-mail or posting them on the Site regarding legal disclosures such as future changes to these terms and conditions, privacy policy, other notices, legal communications or disclosures and information related to services. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Your email address you have provided during the registration is used to send you information about our services or for marketing purposes or as required by law or other purposes at our own discretion, in case you decide at any time that you don’t receive such messages, you can deactivate the receiving of these messages through correspondence us or by click the opt-out link below the email messages. But in this case we don’t ensure that you will enjoy our services fully.
PRIVACY POLICY
Any information that you submit to us or that we collect through our services is subject to our privacy policy, the terms of which are incorporated into these terms. Please see our privacy policy for a summary of our practices regarding the collection and use of personal information.
FORCE MAJEURE
We shall not be liablefor any failure or delay in performance due to circumstances beyond our control majeure, and not responsible for any incident, resulting in the suspension or disruption of the website automatically, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
INDEMNIFY
1. As a user of the website, you agree to defend and indemnify XBRESS LOGISTICS WEB SERVICES CO. W.L.L. and its affiliates, any of its directors, officers, employees, and agents from all claims, liabilities, losses, damages, fines, costs or expenses of kind or nature (including legal fees and attorney's fees), that arise or may arise out of, or in relation to:
  1. Any claim results from your use of this website.
  2. Misuse or any unlawful use of the website whatsoever.
  3. Your failure to comply with the terms and policies or any additional rules, instructions or terms posted on the website.
  4. Your violation of the rights of any third party, including intellectual property rights.
2. You must acknowledge that you agree to cooperate fully in the manner we define to defend or resolve any claim.
TERMINATION
1. These terms are effective unless terminated by either you or us. Xbresssite may the right, at its own discretion, to terminate, restrict or discontinue any user from accessing or using the site at any time without notice. You can terminate this agreement by not using the site at any time.
2. These terms and conditions shall only be canceled by a decision issued by XBRESS LOGISTICS WEB SERVICES CO. W.L.L.
MODIFICATION AND CHANGES
1. From time to time, we reserve the right to change, modify, supplement or remove portions of these terms, and the terms shall become effective upon posting on the website, and we shall update “LastUpdated” at the top of this agreement. Your continuity of using Xbresssite after updating this policy shall be deemed to be an express consent by you to these modifications and a legal acceptance of the new terms and conditions, and you agree that all previous versions of the terms are superseded by the modified version.
2. We reserve the right to discontinue, modify or alter any aspect of the services provided or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the service and its components (including all intellectual property rights) will remain with and belong exclusively to XBRESS LOGISTICS WEB SERVICES CO. W.L.L., including, but not limited to:
  1. Restricting the time the services are available.
  2. Restricting the amount of use permitted.
  3. Restricting or terminating any user’s right to use the services.
  4. Changing any feature or functionality provided by the services.
3. You are responsible for regularly reviewing these terms so that you are aware of any changes to them, and you will be bound by the new policy upon your continued use of the Xbresssite. In the event the modified terms are not acceptable to you, you should discontinue using the website and service.
NOTICES
1. Any notices that you would like to send to the Xbresssite must be done through the features specified within the site, any notices sent outside the site shall not be considered.
2. Any notices by Xbresssite shall be sent to you either by publicizing them on the website or sending them to you via email you provided us with during the registration process.
GOVERNING LAWS/JURISDICTION
1. These terms and other policies and any disputes related to the website and services shall be governed by the laws in force within the kingdom of Saudi Arabia, and the Saudi courts shall have jurisdiction over any dispute that might arise from the interpretation or performance of these terms.
2. If any of these terms shall be deemed unlawful, void or unenforceable under applicable laws, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.
GENERAL PROVISIONS
1. International Use: In the event that the service is used from any country, the user is responsible for compliance with all local laws, also agrees that he will not use the service or any publications accessed through the service in any country or in any way prohibited according to any other applicable laws, restrictions or regulations.
2. Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between XBRESS LOGISTICS WEB SERVICES CO. W.L.L.and you as a user as a result of these Terms and Conditions or your use of our website.
3. Assignment of Rights and Obligations: XBRESS LOGISTICS WEB SERVICES CO. W.L.L.shall be entitled to transfer all the rights mentioned in this agreement to third parties without any objection by the user. All shall be bound to perform all their obligations mentioned in this agreement to the assignee immediately they are notified of the assignment. The assignee shall be entitled to take all the legal procedures against whoever does not perform his obligations under these terms.
4. No Waiver:you may not assign your obligations and rights under these terms or authorize another party to manage your account on the website except after getting a written consent from us, and failure or delay by us to enforce any of these terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
5. Language: These terms are drafted in both Arabic and English; the Arabic text shall be deemed the certified text in relation to the interpretation of these terms and applicable before all the official and unofficial bodies if the English language conflicts with it.
6. Headings: Headings in these terms are for convenience only and do not affect the interpretation of it.
7. Conflict conditions: In the event of any conflict between these terms and any prior versions thereof, the provisions of these terms shall prevail unless it is expressly stated otherwise.
8. Entire Agreement: These terms and any policies or operating rules posted by us on the website or in respect to the service constitutes the entire and final agreement between XBRESS LOGISTICS WEB SERVICES CO. W.L.L.on one hand, and any person visiting or using the site on the other hand, superseding any prior or contemporaneous agreements and communications (for example, any prior versions of these terms or policies).
CONTACT INFORMATION

If you have any questions about these terms, do not hesitate to contact us at: quick.support@xbress.com

XBRESS LOGISTICS WEB SERVICES CO. W.L.L.

Terms and Conditions for Xbress.com Logistics Web Services Co. W.L.L.