Terms and conditions

/Terms and conditions

Shamzam Commercial Brokers – Sole Proprietorship LLC maintains the https://www.shamzam.com/ Website (“Site”).

“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.

‘’Visa or MasterCard debit and credit cards in AED and USD will be accepted for payment’’

‘’We will not trade with or provide any services to OFAC and sanctioned countries’’

‘’Cardholder must retain a copy of transaction records and Merchant policies and rules’’

‘’User is responsible for maintaining the confidentiality of his account’’

 

Sender or receiver means a person to whom a Product shall be or is delivered by a Service Provider as identified by a Customer via the Shamzam Platform;

Traveler means a person who is going to deliver an item or a Product by a Service Provider to a receiver via the Shamzam Platform;

 

1. The Shamzam platform

Shamzam is a smartphone application which connects travelers with people who want to send/ mail items to the same destination of those travelers around or at the same time of the travelers trips.

Shamzam app would allow then those people “ senders” to send/ mail their items to that destination in cheaper and in many cases faster than ordinary post offices.
This would also allow the travelers “ delivery ppl” to make some money while traveling to that specific destination.

The application meant to be easy and simple to navigate, so that it allows senders and delivery people to communicate and operate via the app conveniently.

2. Use of the Shamzam  Platform

User Accounts.

In order to use most aspects of the Shamzam  Platform, you must register for and maintain an active personal User account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Shamzam  certain personal information, such as your name, address, mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Shamzam  Platform, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Shamzam ’s termination of this Agreement with you.

You agree to maintain the security and secrecy of your Account username and password at all times. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Shamzam  Platform.

Unless otherwise permitted by Shamzam  in writing, you may only possess one Account.

User Requirements and Conduct.

The Shamzam  Platform is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive delivery services from Travelers unless they are accompanied by you or another adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Shamzam  Platform, and you may only use the Shamzam  Platform for lawful purposes. You will not, in your use of the Shamzam  Platform, cause nuisance, annoyance, inconvenience, or property damage, whether to a Traveler, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Shamzam  Platform, and you agree that you may be denied access to or use of the Shamzam  Platform if you refuse to provide proof of identity. Failure to comply with the terms of this section or of section 5 may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the Shamzam  Platform (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.

Promotions, Bundles, Credits, Mobile Top Ups, and Referral Programs.

Shamzam , in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Shamzam . Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Shamzam  reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Shamzam  determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Shamzam ; (iii) may be disabled by Shamzam  at any time for any reason without liability to Shamzam ; (iv) may only be used pursuant to the specific terms that Shamzam  establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Shamzam  may establish additional terms relating to specific promotions. Shamzam  reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Shamzam  determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

As part of your User account, Shamzam  may provide you with or allow you to create a “Shamzam  Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Travelers (“Referred Travelers”). Shamzam  Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Shamzam  Code. You are prohibited from advertising Shamzam  Codes, including but not limited to on Google, Facebook, Twitter, Bing and Craigslist or on any other digital platform or website owned or controlled by you or any other person. Shamzam  reserves the right to deactivate or invalidate any Shamzam  Code at any time in Shamzam ’s sole discretion.

As part of your User account, Shamzam  may provide you with access to a feature in the Shamzam  application which may allow you to: (i) manage payment for Services; (ii) add and store pre-paid credit balance (“Shamzam  Credit”); and/or (iii) transfer Shamzam  Credit to or receive Shamzam  Credit from other Users, against payment of any applicable Shamzam  Fees and subject to any limits on the number of transfers or the amount of Shamzam  Credit you can send and/or receive, which Fees and limits may be modified by Shamzam  from time to time.

When transferring Shamzam  Credit balance to another User, the amount transferred and the applicable Shamzam  Fees (if any) will be deducted from your User account balance and will be transferred to the other User. Once the request for the transfer of Shamzam  Credit is completed, the transfer cannot be cancelled or otherwise reversed. You agree that in providing you with this feature, Shamzam  is merely enabling the transfer of Shamzam  Credit balance and is no way responsible for the actions of the individual Users, including the reason for which Shamzam  Credit is transferred by or to you.

You may be entitled to purchase bundles of Shamzam  Credit (“Shamzam  Bundles”) or you may receive delivery discounts (“Delivery Discounts”) or service discounts (“Service Discounts”) that you can apply toward payment of certain Services.

Shamzam  Bundles, Shamzam  Credits, Delivery Discounts and Service Discounts are only valid for use on the Shamzam  Platform, and are not transferable or redeemable for cash and may only be used for certain Services. Shamzam  Bundles, Delivery Discounts and Service Discounts cannot be combined, and if the cost of your delivery exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the delivery.

Additional restrictions on Shamzam  Bundles, Shamzam  Credits, Delivery Discounts and Service Discounts may apply as communicated to you in a relevant promotion or specific terms. Shamzam  may cancel, or vary the terms, relating to any Shamzam  Bundles, Shamzam  Credits, Delivery Discounts or Service Discounts at any time in its sole discretion.

From time to time, Shamzam  may offer you incentives to refer new Users to the Shamzam  community (the “Referral Program”). These incentives may come in the form of Shamzam  Credits, Delivery Discounts and/or Service Discounts, and Shamzam  may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

The ability to access mobile top up services is made available to you through the Shamzam  Platform and is subject to change and availability. Shamzam  is providing the right to buy airtime (subject to these terms) as agent for the relevant local mobile operator. You agree to this and the following as a condition of purchasing vouchers for airtime through the Shamzam  Platform.

You will be required to input the mobile number to which any top up is to be credited into the appropriate place(s) on the Shamzam  Platform. You are responsible for ensuring that the mobile number has been correctly entered. You will also be required to select the top up amount to be credited to the mobile number. Shamzam  shall not be liable to you in any way with respect to the top up generally, the specific mobile number entered nor the top up amount credited.

The top up mobile recharge cost will change depending on the denominations indicated on the Shamzam  Platform. The total cost, number recharged and the relevant mobile operator will be shown on the Shamzam  Platform. All top up transactions are final and cannot be modified or removed once you have entered the relevant top up information on the Shamzam  Platform.

Communications.

By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law). Communications from Shamzam , its affiliated companies and/or Travelers, may include but are not limited to: operational communications concerning your User account or use of the Shamzam  Platform or Services, updates concerning new and existing features on the Shamzam  Platform, communications concerning promotions run by us or our third- party partners, and news concerning Shamzam  and industry developments. Standard text messaging charges applied by your cell phone travelerwill apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact info@shamzam.com and/or review the Privacy Policy for further information.

3. Charges and Payments

As a User, you agree to pay any amounts charged by Shamzam  (the “Shamzam  Fee”) (if applicable in your jurisdiction) and amounts charged by Traveler or other independent third party provider for providing Services to you (“Charges”).

After you have received Services from a Traveler or other independent third party provider, Shamzam : (i) may facilitate your payment of the applicable Charges on behalf of the Traveler as such Traveler’s limited payment collection agent and (ii) may collect any applicable Shamzam  Fee directly from you or, in the case of a cash payment, from the relevant Traveler. Payment of the Charges and Shamzam  Fee in the above manner shall in all cases be considered the same as payment made directly by you to the Traveler or other independent third party provider or to Shamzam , as applicable. Charges and Shamzam  Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and Shamzam  Fees paid by you are final and non-refundable, unless otherwise determined by Shamzam .

All Charges and Shamzam  Fees are due immediately and payment will be facilitated by Shamzam  using the preferred payment method designated in your Account, after which Shamzam  or a Traveler, as applicable, will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Shamzam  may, on its own behalf, and as the Traveler’s limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and Shamzam , Shamzam  reserves the right to establish, remove and/or revise Shamzam  Fees at any time in Shamzam ’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and Shamzam  Fees applicable in certain geographical areas may increase substantially during times of high demand. Shamzam  will use reasonable efforts to inform you of Charges and Shamzam  Fees that may apply, provided that you will be responsible for Charges and Shamzam  Fees incurred under your Account regardless of your awareness of such Charges or Shamzam  Fees, as applicable, or the amounts thereof.

Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.

’Refunds will be done only through the Original Mode of Payment”

4. Restricted Activities

With respect to your use of the Shamzam  Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the Shamzam  Platform or the servers or networks connected to the Shamzam  Platform (v) post information or interact on the Shamzam  Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use narcotics or alcohol (vii) use the Shamzam  Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Shamzam  Platform (x) “frame” or “mirror” any part of the Shamzam  Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (xi) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Shamzam  Platform or any software used on or for the Shamzam  Platform (xii) rent, lease, lend, sell, redistribute, license or sublicense the Shamzam  Platform or access to any portion of the Shamzam  Platform (xiii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Shamzam  Platform or its contents (xiv) link directly or indirectly to any other web sites (xv) transfer or sell your User account, password and/or identification to any other party (xvi) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xvii) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, a Traveler shall be permitted to refuse to provide you Services or, if such Services have commenced, a Traveler shall be permitted to refuse to continue to provide you Services.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

THE SHAMZAM  PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHAMZAM  DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SHAMZAM  MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SHAMZAM  PLATFORM, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE SHAMZAM  PLATFORM, OR THAT THE SHAMZAM  PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. SHAMZAM  AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF TRAVELERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SHAMZAM  PLATFORM AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Shamzam  and its Affiliates are not responsible for the conduct, whether online or offline, of any User, Travler , mobile operator , or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Travelers or any other third party.

By using the Shamzam  Platform and participating in the Services, you agree to accept such risks and agree that Shamzam  is not responsible for the acts or omissions of Users, Travler ’s, mobile operators, or any other third party.

Shamzam  and its Affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

Location data provided by the Shamzam  Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Shamzam , nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Shamzam  Platform. Any of your information, including geolocational data, you upload, provide, or post on the Shamzam  Platform may be accessible to Shamzam , selected partners and relevant Travelers.

LIMITATION OF LIABILITY.

SHAMZAM  AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SHAMZAM  PLATFORM OR SERVICES, EVEN IF SHAMZAM  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHAMZAM  AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SHAMZAM  PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SHAMZAM  PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TRAVELER OR OTHER THIRD PARTY PROVIDER, EVEN IF SHAMZAM  OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHAMZAM  AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT TRAVELERS PROVIDING DELIVERY SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER DELIVERYSHARING OR PEER-TO-PEER DELIVERY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SHAMZAM ’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SHAMZAM  PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TWO THOUSAND UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.

THE SHAMZAM  PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES WITH TRAVELERS BUT YOU AGREE THAT SHAMZAM , ITS AFFILIATES, RESTAURANT PARTNERS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY TRAVELERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 6 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Shamzam , its Affiliates, Restaurant Partners and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Shamzam  Platform and the Services or services or goods obtained through your use of the Shamzam  Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Travlers.

6. General Rules on Competitions, Contests and Giveaways

Unless otherwise specified, Shamzam  will conduct all competitions, contests and giveaways (each a “Competition”) as described in this section and by entering or participating in a Competition, each entrant or participant (“Entrant”) agrees to these rules whether or not any separate additional specific terms apply to the Competition.

When entering or participating in a Competition, an Entrant may be eligible for a prize specified in the corresponding promotional material (the “Prize”). Shamzam  may reject an entry at its own discretion, provided that such rejection will not conflict with applicable law.

The Prize is non-transferable, non-exchangeable and no cash alternative is offered. In the event of a Prize being unavailable, Shamzam  reserves the right to offer an alternative prize of equal or greater value if circumstances beyond Shamzam ’s control makes it necessary to do so. To the extent permitted by law, the Competition Winner will be responsible for any and all taxes incurred in relation to receipt of the Prize.

Participation in a Competition does not automatically mean that the Entrant has won the Prize. A winning entry (the “Competition Winner”) will be chosen by random draw (performed by a computer process or supervised by an independent third party) or by a panel of individuals adjudicating the entries. Reasonable efforts will made to contact the Competition Winner but if the Competition Winner cannot be contacted or fails to reply to Shamzam ’s communication within the communicated timeframe, Shamzam  reserves the right to offer the prize to the next eligible Entrant. Shamzam  will not be liable if the Prize does not reach the Competition Winner for reasons beyond Shamzam ’s reasonable control.

Without prejudice to the “Disclaimers; Limitation of Liability; Indemnity” section, neither Shamzam  nor any Affiliates or Partners involved in a Competition will accept responsibility or liability for any errors, omissions, interruptions, deletion, or unauthorized access to Competition entries, or entries lost or delayed whether or not arising as a result of server functions, virus, bugs, or other causes outside Shamzam ’s, an Affiliate’s and/or a Partner’s control. IN NO EVENT SHALL SHAMZAM ’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO ANY ENTRANT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH ANY COMPETITION OR ANY MATERIAL PUBLISHED IN RELATION TO A COMPETITION EXCEED THE MONETARY VALUE OF THE PRIZE.

Shamzam  reserves the right to cancel or amend the Competition and any associated terms and conditions. Any changes will be notified to the Entrants as soon as reasonably practical. If these terms do not, or do not clearly, cater for a solution to any matter which may arise, then Shamzam  shall have the sole discretion to decide finally on any such matter. Shamzam ’s decisions on any aspect of the Competition is final and binding and no correspondence will be entered into about it.

7. Dispute Resolution

Arbitration.

You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Shamzam  Platform or Services (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in your jurisdiction, or between you and Shamzam  Networks FZ-LLC if no other Affiliate is incorporated in your jurisdiction, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Shamzam  are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Shamzam  and/or any of its Affiliates.

Arbitration Process and Rules.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Shamzam  Platform or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

8. Other Provisions

Choice of Law.

This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which the relevant Affiliate is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Shamzam  at info@shamzam.com

Notice.

Shamzam  may give notice by means of a general notice on the Shamzam  Platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Shamzam  by written communication to Shamzam ‘s email address at info@shamzam.com.

General.

You may not assign or transfer your rights under this Agreement in whole or in part without Shamzam ’s prior written approval. You give your approval to Shamzam  for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Shamzam ’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Shamzam  or any Traveler as a result of the contract between you and Shamzam  or use of the Shamzam  Platform.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

Responsibilities

Shipper or traveler assume all responsibility for compliance with all laws and regulations of any illegal activity.

Shipping policies:

1- Shamzam  is NOT the typical delivery system. We connect a traveler with an individual who wants to send an item to the same destination as the traveler. Our unique system creates an affordable and faster means of delivery.

The following are our policies:

1- It’s both the sender and the traveler responsibilities  for insuring that the item they’re carrying is legal. Items are allowed to be transported via Shamzam are such:

A- documents

B- clothing, shoes and accessories.

C- legal medications.

D- electronics

E- books

F- nonperishable items that are allowed by the airport of origin.

Any illegal items are not allowed to be sent nor delivered by Shamzam. You must be compliant with the airlines and the airports policies and restrictions when delivering using air.

2- Delivery of the item is based on pre-arrange meeting at the final destination between the deliverer and the receiver of the item. This is an agreement that the sender and the deliverer make.

Schedule 1 (charges)

Base fare              35 USD Per Trip (Documents)

  • Total weight included (pound) 2                                                                     
  • Additional weight rate USD 5 per 1 pounds.
  • The service is available international between U.S.A – U.A.E limits only

30 USD Per Trip (shoes)

  • Total weight included (pound) 2                                                                     
  • Additional weight rate USD 5 per 1 pounds.
  • The service is available international between U.S.A – U.A.E limits only

25 USD Per Trip (clothing, accessories)

  • Total weight included (pound) 2                                                                     
  • Additional weight rate USD 5 per 1 pounds.
  • The service is available international between U.S.A – U.A.E limits only

40 USD Per Trip ( legal medications)

  • Total weight included (pound) 2                                                                     
  • Additional weight rate USD 5 per 1 pounds.
  • The service is available international between U.S.A – U.A.E limits only

 

Base fare              50 USD Per Trip (Electronics)

  • Total weight included (pound) 2                                                                     
  • Additional weight rate USD 5 per 1 pounds.
  • The service is available international between U.S.A – U.A.E limits only

 

Base fare              25 USD Per Trip (others)

  • Total weight included (pound) 2                                                                     
  • Additional weight rate USD 5 per 1 pounds.
  • The service is available international between U.S.A – U.A.E limits only

 Price is subject to change with-out prior notice

SCHEDULE 2 – CANCELLATION FEES

Type of Fee

Charges

Post-Booking Cancellation Fees

• Minimum Charge set forth in Schedule 1, plus

• Any additional Charges incurred as a result of the distance travelled and weight incurred by the Service Provider prior to cancellation, if any.

Post-Pick Up Cancellation Fees

• Minimum Charge set forth in Schedule 1, plus

• Any additional Charges incurred as a result of the weight incurred by the Service Provider prior to and/or as a result of such cancellation, including the weight incurred by the Service Provider to return the Product to the Customer and/or to pick up the Service Provider Pre-Payment from the Customer.

For the avoidance of doubt, the Customer shall also pay the full amount of the Service Provider Pre-payment to the Service Provider.

Post-Delivery Cancellation Fees

• Minimum Charge set forth in Schedule 1, plus

• Any additional Charges incurred as a result of the weight incurred by the Service Provider prior to and/or as a result of such cancellation, including  weight incurred by the Service Provider to return the Product to the Customer and/or to pick up the Service Provider Pre-Payment from the Customer.

For the avoidance of doubt, the Customer shall also pay the full amount of the Service Provider Pre-payment to the Service Provider.

 

Customer can cancel their order/requested services within 24 hours; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.

info@shamzam.com