Terms of Partner’s Agreement

Date of Publication: 22/02/2022

These terms of use (“Terms of Use”) describe the terms on which the delivery partners (“You” or “Your” or “Yourself” or “Delivery Partner”) can avail 3Efreet Services (defined below) and accessing the platform www.3efreet.com and the mobile application  owned and operated by Cybernetics Solutions FZCO (hereinafter referred to as “Company” or “3Efreet”), a company exists under UAE law and with its registered office at Technohub-1, DTEC, DSO, Dubai, UAE, Phone: +971 56 10 987 90 (“3Efreet”) and licensed for use on a revocable, non-exclusive, temporary, non-assignable basis to You, collectively referred to as, the “Platform”, connect with the users registered on the Platform (“Users”) to provide Your transportation, delivery and logistics services to them, as may initiated by them on the Platform.

Use of and access to the Platform is offered to You only upon acceptance of all the terms and conditions and notices contained in this Pattern Terms and Condition, and the Platform Terms and Condition available at [T&C] (collectively referred to as “Terms”), along with any amendments made by 3Efreet at its sole discretion and posted on the Platform. By using the Platform or the 3Efreet Services, You agree that You have read, understood and agreed to be bound by the Terms and the Platform’s Privacy Policy available at Privacy Policy.

1. Delivery Partner/DP Services:

1.1. You may choose to perform the Pick-up and Drop off Service (as defined below) to Users as per your choice and convenience in the applicable territory (i.e. the city or metro areas in United Arab Emirates). You may choose to perform these services on any day of the week and for as long as you may wish for. When you click on the accept option upon a notification of a task, you expressly consent each time for providing your services to the User. You agree that You provide services directly to the User.

1.2. Pick Up and Drop Off Services. You acknowledge that Users may initiate a transaction on the Platform by which You will be required to pick up packages/Items from a particular location and drop off the packages/Items at another location (“Pick Up and Drop Off Services” or “DP Services”). You agree that before pick up of Item you shall ensure the packaging is not tempered, lose or broken. You further agree that before dropping off the packages, You shall take reasonable measures to ensure that the packages/Items are dropped off at the correct drop off location in original condition/packaging and handed over to the correct person. You shall be responsible for safely delivering the Items to the Users or to any person as may be specified by the User.

2. 3Efreet Services

2.1. The Platform provides you with the following services (“3Efreet Services”)-

1. License to the Platform;
2. Where authorized, collection of your fee for DP Services.
3. It may facilitate the issuance of invoice/payment statement to the Users, on Your behalf.

3. Provision of DP Services.
3.1. When You are logged into Your Account on the Platform, Users’ requests for DP Services may appear to You on Your Account on the Platform if You are available and visible in the vicinity of the task raised by the User. You have the choice to accept the request from the User and submit a bid in accordance with Clause 11 below. If your bid is selected by the User, You will receive in an automated manner certain user information which may inter alia include, among other things, the pick-up address, User’s name, item to be purchased, purchase location, pick-up/drop off location, contact information etc. (“User Information”).

3.2. You hereby acknowledge and agree that once Your bid has been accepted by a User, the Platform may display to the User in an automated manner, certain information about You which may inter alia include Your name, contact information, photo and location, Your rating, and Your vehicle registration number and other personal information necessary for the successful and timely accomplishment of the DP Services.

3.3. You agree and undertake that You shall not contact Users or use any User’s personal data/User Information for any reason other than for the purposes of fulfilling DP Services through the Platform in accordance with these Term of Use and applicable law.

3.4. You shall transport all Items for the Users and provide all DP Services to the User directly to their specified destination or otherwise complete all logistics related tasks, as directed by the applicable User, without undue delay. In the event, You, at your own discretion feel that there will be an inordinate delay, You shall on a best efforts basis try and reach out to the User.

3.5. With respect to DP Services, You hereby agree that You shall not open or attempt to open the Items/packages to be dropped off/delivered to or on behalf of the User. However, if it comes to Your knowledge that a package contains illegal substance or Items not permissible to be delivered through the DP Services, You shall immediately report the same concerned law enforcement authorities. You expressly agree that You will not deliver/transport any prohibited item (as laide down in the Prohibited Item Policy) or entertain any User’s request to deliver/purchase or transport any Prohibited items.

4. Devices.
4.1. In order to access the Platform and provide the DP Services to the Users, You may use Your own device (“Delivery Partner Device”).

4.2. While using a Delivery Partner Device: (i) You shall be responsible for the acquisition, cost and maintenance of such Delivery Partner Device as well as any necessary wireless data plan; and (ii) 3Efreet shall make available the Platform for installation on such Delivery Partner Device. The foregoing right shall immediately terminate and You will delete and fully delete the Platform from the Delivery Partner Device in the event You cease to provide DP Services to the User using the Delivery Partner Device; or You have deleted Your Account from the Platform. You hereby agree that: (i) use of the Platform and 3Efreet Services on a Delivery Partner Device requires an active data plan with a wireless carrier associated with the Delivery Partner Device, which data plan will be provided by You at Your own expense; and (ii) use of the Platform on a Delivery Partner Device as an interface with the 3Efreet Services may consume very large amounts of data through the data plan. 3Efreet advises that Delivery Partner Devices should only be used under a data plan with unlimited or very high data usage limits, and 3Efreet shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan during the performance of DP Services.

5. Delivery Partners and Vehicles
5.1. Delivery Partner Requirements. In order to register as a Delivery Partner, You must be above 18 years of age. You acknowledge and agree that You shall at all times hold and maintain (i) a valid driver’s license (if applicable) with the appropriate level of certification to operate the vehicle driven/ridden by You, and (ii) all licenses, permits, approvals and authority applicable to Your vehicle (if any) that are necessary to provide DP Services in accordance with applicable laws; (iii) the appropriate and current level of training, expertise and experience to provide DP Services in a professional manner with due skill, care and diligence; (iv) high standards of professionalism, service and courtesy; and (v) be engaged with a delivery company in accordance with your agreement with such delivery company and applicable law. You acknowledge and agree that You may be subject to certain background and driving record checks from time to time.

5.2. Vehicle Requirements. You acknowledge and agree that Your vehicle with which You choose to provide DP Services shall be: (i) operated in compliance with all applicable laws; (ii) properly registered, insured and licensed in accordance with law to transport/deliver Item(s); and (iii) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition (together herein after referred to as “Vehicle Specification”).

6. Financial Terms
6.1. Bid. You shall be entitled to bid and propose delivery order fees to the Users of the Platform. 3Efreet may provide an estimated range of fees to the User on the basis of order fees proposed by delivery partners, however 3Efreet is not responsible for the fees offered by You, or subsequently accepted by the User. 3Efreet has no liability or control of over the proposed bids or the final price agreed between You and the User. It is the Your responsibility to ensure the delivery fee as proposed by the You and accepted by the User is correct and in accordance with the approved bid amount at the time of order confirmation

6.2. 3Efreet shall be entitled to charge You a separate admin fees (“Admin Fees”), which shall be equivalent to a [20%] of the delivery fee (as proposed by You and accepted by the relevant Users). The Admin Fee displayed on the Platform shall be deemed to be exclusive of any VAT, unless otherwise specified. If VAT is chargeable in accordance with applicable law, You shall pay to the Company (in addition to and at the same time as paying the Admin Fee) an amount equal to the amount of the VAT.

6.3. The Parties hereby agrees that settlement of delivery fees, and Admin Fees shall be on the basis of terms as mutually agreed between the Parties in writing. 

6.4. Taxes. You acknowledge and agree that You are required to: (i) complete all tax registration obligations (if any) and calculate and remit all tax liabilities related to the provision of DP Services as required by applicable law; and (ii) provide 3Efreet with all relevant tax information. You further acknowledge and agree that You are responsible for paying taxes on Your own income arising from the performance of DP Services. You further agree and acknowledge that 3Efreet shall be entitled to deduct tax at source in accordance with applicable law, prior to making any payouts to You.

7. Term and Termination
7.1. These Terms of Use will continue to apply until terminated by either You or 3Efreet as set forth below (“Term”). These Terms shall continue to apply so long as You continue to access the Platform.

7.2. If You want to terminate these Terms, You can do so by (i) notifying 3Efreet to close Your Account; and (ii) not accessing the Platform. Such termination shall take effect after 15days of receipt of the above notice and 3Efreet shall delist the Delivery Partner at the end of the 15th Day.

7.3. Upon termination of Your Account, the DP ID allotted to You, and/or any other content or materials related to You shall be deleted. 3Efreet may however retain Your transaction history on the Platform or in Your Account and any other Delivery Partner records, for legal purposes without any obligation to provide you with the data.

7.4. The termination of Your Account shall not relieve You of any liability that You may have incurred or may incur in relation to use of 3Efreet Services or the Platform prior to such termination. Further, 3Efreet shall not be liable to You or any third party for termination of Your Account, or Your access to the Platform and 3Efreet Services.

8. Violation of the Terms of Use
8.1. You also 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 3Efreet, for which monetary damages would be inadequate, and You consent to 3Efreet obtaining any injunctive or equitable relief that 3Efreet may deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that 3Efreet may have at law or in equity.

8.2. If 3Efreet does take any legal action against You as a result of Your violation of these Terms of Use, 3Efreet 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 granted to 3Efreet.

9. Miscellaneous Terms
9.1. Modification. 3Efreet reserves the right to modify these Terms of Use, effective upon publishing an updated version on the Platform. 3Efreet shall not be required to notify You of any changes made to the Terms of Use. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when 3Efreet last modified the Terms of Use by referring to the “Last Updated” legend above. Your continued use of the 3Efreet Services, or the Platform will constitute Your acceptance of those changes.

9.2. Assignment. You shall not assign or transfer these Terms of Use or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of 3Efreet. 3Efreet may assign or transfer any or all of its rights or obligations hereunder, in whole or in part, under these Terms from time to time without consent.

9.3. Entire Agreement. These Terms of Use, along with the Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.

9.4. Notices. Any notice delivered by 3Efreet to You under these Terms of Use will be delivered by email to the email address associated with Your Account or by posting the same on the Platform. Any notice delivered by You to 3Efreet under these Terms of Use will be delivered by contacting 3Efreet on info@3efreet.com and/or its support representatives.

9.5. Governing Law; Arbitration. 

1. These Partner Terms and Conditions shall be governed by and construed in accordance with laws of the United Arab Emirates. UAE is our country of domicile.
2. Any dispute claim (including non-contractual disputes or claims) arising out of or in connection with these Partner T&C, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre.
3. Any claim shall first be referred to the Courts of the Dubai International Financial Small Claims Tribunal. 3Efreet will NOT deal or provide any services or products to any of OFAC sanctions countries in compliance with the law of UAE.