Monday, 29 March 2021, 08:23

TERMS AND CONDITIONS OF USE OF LAST MILE

 

1. Introduction

We welcome you to use our last mile container transportation booking facility (Last Mile) which is made available by Dubai Trade FZE, (and referred to here as Dubai Trade). Last Mile constitutes a technology platform that enables its users to request and schedule container transportation and/or logistics services within the Jebel Ali Free Zone (Services). Unless otherwise agreed by Dubai Trade in a separate written agreement with you, the Services are made available solely for your use. You acknowledge that Dubai Trade does not provide container transportation or logistics services or function as a transportation carrier and that all such container transportation or logistics services are provided by independent third party providers of such Services, including independent third party transportation providers and independent third party logistics providers that have signed an agreement with Dubai Trade (Third Party Providers). Such Third Party Providers are not employed by Dubai Trade or any of its affiliates.

These Terms and Conditions for Use of Last Mile (Terms) constitute a legally binding agreement between you and Dubai Trade in relation to the access or use by you, an individual or a company, of Last Mile.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING LAST MILE.

Your access and use of Last Mile constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Dubai Trade. If you do not agree to these Terms, you may not access or use the Last Mile. These Terms expressly supersede prior agreements or arrangements with you in relation to Last Mile. Dubai Trade may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Last Mile or any portion thereof, at any time for any reason.

Dubai Trade may amend the Terms related to Last Mile from time to time. Amendments to these Terms or any policies or supplemental terms related to Last Mile will be effective upon Dubai Trade posting such updated Terms on their website. Your continued access or use of Last Mile after such posting constitutes your consent to be bound by the Terms, as amended.

2. The Last Mile Platform

The Last Mile platform provides a digital network as non asset based market place where persons logged in to Dubai Trade (Users) who seek Services can request and receive Services from Third Party Providers, upon their acceptance to provide such Services, for and on behalf of Dubai Trade.

Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion.

Dubai Trade aims to update the Last Mile platform regularly and may change the content at any time. If the need arises, we may suspend access to the Last Mile Platform and the Services or close them indefinitely. Any of the material on the Last Mile Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.

3. Use of Last Mile Platform

You are obliged to make the container or shipment to be transported by the Third Party Provider available to the Third Party Provider at the location mentioned on the Platform in a suitable container, at the agreed location, at the agreed time and in the manner specified on the Platform subject to them being reasonable and that the Third Party Provider shall be obliged to follow these ‘to the extent possible / permitted’

In respect of the container or shipment to be transported by the Third Party Provider, as well as in respect of the handling thereof, you are obliged to supply the Third Party Provider in good time with any details and documents that you knows or ought to know, are of importance to the Third Party Provider. 

It is your responsibility to provide to Dubai Trade and the Third Party Provider, adequate, clear and accurate instructions and details necessary to enable the Third Party Provider to perform the Services. 

If for any reason you fail to provide such instructions and details, or, if for any reason not related to any act of default by or on the part of the Third Party Provider, you are unable to accept performance of the Services at the time when the Third Party Provider is ready and willing to perform such Services, you shall be fully liable to Dubai Trade and the Third Party Provider in respect of any reasonable losses occasioned to the Dubai Trade or the Third Party Provider by reason of such failure.

You are solely responsible for properly identifying and describing the container or shipment to be transported by the Third Party Provider on any shipping documentation, as well as for complying with all laws, rules and regulations regarding tender of the container or shipment for transportation.  Neither Dubai Trade nor the Third Party Provider shall be obliged but shall be entitled to investigate whether the information provided is correct and complete.

You must pay and indemnify Dubai Trade for any reasonable costs and expenses, including storage and customs fees incurred by Dubai Trade or the Third Party Provider in the performance of the Services.

In the case of the return of a package or shipment (or part thereof), you will also be responsible for paying all reasonable applicable charges incurred in connection with the return shipment.  

You acknowledge that the Services are limited to transportation of containerized cargo. Neither Dubai Trade nor the Third Party Providers shall be under any obligation to provide any plant, power or labour, which may be required for loading or unloading any goods.

3. The relationship between Dubai Trade and you

3.1 Dubai Trade is an independent contractor for all purposes. Dubai Trade does not have control of, or liability for, the products and services that are paid for with the Portal. We do not guarantee the completion of any transaction made by way of the Portal.

3.2 Protecting your privacy is very important to Dubai Trade. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as the use and disclosure of your information.

4. License and Intellectual Property Rights

Subject to your compliance with these Terms, Dubai Trade grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Last Mile solely in connection these Terms; and (ii) access and use any content, information and related materials that may be made available through Last Mile, in each case solely for your use. Any rights not expressly granted herein are reserved by Dubai Trade and Dubai Trade’s licensors.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of Last Mile; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Last Mile except as expressly permitted by Dubai Trade; (iii) decompile, reverse engineer or disassemble Last Mile except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of Last Mile; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Last Mile or unduly burdening or hindering the operation and/or functionality of any aspect of Last Mile; or (vi) attempt to gain unauthorized access to or impair any aspect of Last Mile or its related systems or networks.

Unless stated otherwise, the Last Mile and the intellectual property rights (including the copyrights) of the contents and information of and material on the Last Mile are owned by Dubai Trade, its affiliates or its service providers.

Dubai Trade exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Last Mile on which the service is made available and you are not entitled to copy, scrape, (hyper-/deep)link to, reverse-engineer, publish, promote, market, integrate, utilize, combine or otherwise use the content or our brand without our express written permission. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights.

Neither these Terms nor your use of Last Mile convey or grant to you any rights: (i) in or related to Last Mile except for the limited license granted above; or (ii) to use or reference in any manner Dubai Trade’s company names, logos, product and service names, trademarks or services marks or those of Dubai Trade’s licensors.

 5. Charges and Payments

The hire of transportation service providers for container  pick-up and delivery services requires payment of fees and charges to the Third Party Provider (“Charges”) and to Dubai Trade (“Dubai Trade Fees”).

The Charges are inclusive of the Third Party Provider’s charges for: (i) Free Hours for the pick-up and delivery of containers from Jebel Ali Port to the destination within Jebel Ali Free Zone as booked by you; (ii) charges payable to the Jebel Ali Port operator or Dubai Customs; (iii) other third parties engaged by the Third Party Provider for container maintenance services. The number of Free Hours for each request for Services shall be displayed on the Last Mile platform. 

In case of booking cancellation from Cargo Owner, Cargo owner is liable to pay below cancellation charges as per the Booking Status.

 

Booking Status

Booking not accepted by Transporter

Booking accepted by Transporter

Job Started by the Transporter

(Partial Cancellation) Booking accepted & container taken out of port

If all containers are taken out of port

 

Cancellation fees

Full refund

10% Deduction of total booking amount.

30% Deduction of total booking amount.

 

charges for container taken out & 30% of the total booking amount.

 

No Refund.

 

Below are the list of charges Cargo Owner is liable to pay in case container has to be cleared for any inspection or has crossed free hours as per last mile platform.

Charges per container.

Amount

VAT

Total Amount

Inspection charges per container.

70/-

3.5/-

73.5/-

Waiting charges per day at inspection premises

325/-

16.25/-

341.25/-

Waiting charges per hour after free hours at cargo owner premises.

50/-

2.5/-

52.5/-

Waiting charges per day at cargo owner premises.

250/-

12.5/-

262.5/-

 

You acknowledge that there may be charges in addition to the Charges for (i) – (iii) above that are incurred by the Third Party Provider in relation to the Services that are not notified to you at the time of booking (“Additional Charges”). Such Additional Charges shall be notified by way of an email  or through the Last Mile platform.

You shall ensure payment of the Additional Charges within seven (7) days of the date they are notified by email or through Last Mile platform. Without prejudice to the rights of the Third Party Provider or Dubai Trade, Dubai Trade reserves the right to suspend your access to any of Dubai Trade’s services in the event of failure to settle any Additional Charges within the time specified in this clause.

After you have booked Services, Dubai Trade: (i) may facilitate your payment of the applicable Charges and Additional Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent and (ii) may collect any applicable Dubai Trade Fees directly from you.

You may pay the Charges, Additional Charges and Dubai Trade Fees: through Dubai Trade’s Online E-Payment Gateway (Rosoom).

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

The terms and conditions for your use of the Rosoom are available on the Rosoom platform. Dubai Trade reserves the right to charge you for your use of Rosoom to make payments to the Third Party Provider in relation to any services requested using Last Mile. Such charges will be displayed to you prior to you selecting to pay the Third Party Provider using Rosoom. Separate VAT invoices for your payment of the Charges, Additional Charges and Dubai Trade Fees will be made available to you following any payment by you using Rosoom. You agree and acknowledge that all Dubai Trade Fees are non-refundable and Dubai Trade shall not be liable for any reason whatsoever after receipt of the Dubai Trade Fees. Any refund of the Charges or Additional Charges will be as determined by the relevant Third Party Provider.

6. The relationship between Dubai Trade and you

Dubai Trade is an independent contractor for all purposes. Dubai Trade does not have control of, or liability for, the products and services requested by you using the Last Mile. We do not guarantee the completion of any transaction or request made by you by way of Last Mile.

Protecting your privacy is very important to Dubai Trade. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy. Please also note that no personal or sensitive information about you will be collected by Dubai Trade by reason of your use of the Last Mile except as required for proper use and function of the Last Mile or any other Dubai Trade systems.

From time to time, unscrupulous parties operate scam operations in relation to online services. Dubai Trade will use reasonable endeavours to alert you to any scam which may adversely affect users of Last Mile when it learns of such scam, However, Dubai Trade will not accept any liability in relation to any person's participation in such a scam.

7. Information provided by you

You agree to ensure that any information provided by you shall be complete and accurate. You shall not at any time provide us with information which is false, inaccurate, misleading, obsolete or deceptive.

If we have reasonable grounds to believe that you have not provided us with accurate information, we may choose not to proceed with the processing of your request and any relevant service charges shall remain outstanding.

You authorise Dubai Trade, directly or through third parties, to make any enquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide some form of identification number or reference, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your personal information against third party databases or through other sources.

8. Confirmation of Request

You will be issued with a Last Mile booking reference number by Dubai Trade upon your request for Services being accepted by a Third Party Provider.

If you do not receive a request reference number you should contact Dubai Trade 24/7 Contact centre on 600 55 55 54 or by email on This email address is being protected from spambots. You need JavaScript enabled to view it. within [x] business days (in the United Arab Emirates) from the date of the request.

9. Restricted activities

In connection with your use of the Last Mile, you will not:

  1. provide false, inaccurate or misleading information;
  2. send or receive what Dubai Trade reasonably believes are potentially fraudulent funds;
  3. refuse to cooperate in an investigation or provide confirmation of your identity or any personal information you provide to Dubai Trade;
  4. take any action that imposes an unreasonably or disproportionately large load on Dubai Trade's infrastructure;
  5. take any action that may cause Dubai Trade to lose any of the services from internet service providers, payment processes, or other suppliers or service providers;
  6. control an account that is linked to another account that has engaged in any of these restricted activities;
  7. request or attempt to request for Services in relation to any dangerous, restricted or excluded goods Dubai Trade reserves the right to update the list of dangerous, restricted or excluded goods from time to time.

10. Security

We use all reasonable endeavours to ensure the integrity of Last Mile's Security. Despite our endeavours, breaches of security and confidentiality could occur. You acknowledge that we are not liable for any loss suffered by you as a result of any breaches in security.

11. Defects in Last Mile

We shall not in any way be liable for any delay, disruption or defects in Last Mile. You acknowledge that you assume all the risks involved in using Last Mile and we shall not be in any way liable for any damage, loss, expense or detriment caused (directly or indirectly) by a defect in Last Mile.

12. Exclusion of Warranties and Implied Terms

Except as expressly provided to the contrary in this these Terms, all terms, conditions, warranties, undertakings, inducements or representations, whether express, implied, statutory or otherwise, relating in any way to Last Mile are excluded. The Last Mile platform and services are provided “as is” and “as available.” Last Mile 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, Dubai Trade makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the last mile  platform, services or any other services requested through the use of the Last Mile platform, or that the last mile platform will be uninterrupted or error-free. Dubai Trade and its affiliates do not guarantee the quality, suitability, safety or ability of third-party providers. You agree that the entire risk arising out of your use of the Last Mile platform and services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law. Without limiting the generality of the above, we shall be under no liability to you in respect of any loss or damage (including consequential or economic loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of services supplied pursuant to these Terms or in respect of a failure or omission on our part to comply with our obligations under these Terms.

Dubai Trade does not have any control over the Services that are requested for using Last Mile and Dubai Trade cannot ensure that a Third Party Provider with whom you deal will actually complete the transaction as authorised to do so. Dubai Trade does not guarantee continuous, uninterrupted or secure access to any part of Last Mile, and operation of Last Mile may be interfered with by numerous factors outside of Dubai Trade's control. Dubai Trade will make reasonable efforts to ensure that requests are processed in a timely manner, but Dubai Trade makes no representations or warranties regarding the amount of time needed to complete processing. You acknowledge Last Mile is dependent on many factors outside of Dubai Trade's control, such as delays in the Third Party Provider’s system.

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

We are not required to procure insurance for, nor are we responsible for private belongings, including the loss of private belongings as a result of theft or because your goods or property are not properly collected from a Third Party Provider.

By using the Last Mile Platform and participating in the Services, you agree to accept such risks and agree that Dubai Trade is not responsible for the acts or omissions of Users, Third Party Providers, or any other third party.

Location data provided by the Last Mile 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 Dubai Trade, 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 Last Mile Platform. Any of your information, including geolocational data, you upload, provide, or post on the Last Mile Platform may be accessible to Dubai Trade, Third Party Providers and other third parties.

You warrant that you have not relied on any representation made by us which has not been stated expressly in these Terms or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by us.

13. Limitation of Liability

Dubai Trade 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 Last Mile platform or Services, even if Dubai Trade has been advised of the possibility of such damages. Dubai Trade 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 Last Mile platform or the Services or your inability to access or use the Last Mile platform or the Services; or (ii) any transaction or relationship between you and Third Party Provider, even if Dubai Trade or its affiliates or its partners have been advised of the possibility of such damages. Dubai Trade and its affiliates and its partners shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.

The Last Mile platform may be used by you to request and schedule the Services with Third Party Providers but you agree that Dubai Trade, its affiliates, and other partners have no responsibility or liability to you related to any Service provided to you by Third Party Providers other than as expressly set forth in this Terms.

14. Indemnity

You agree to indemnify and hold Dubai Trade, its Affiliates, 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 Last Mile Platform and the Services or services or goods obtained through your use of the Last Mile Platform; (ii) your breach or violation of this Agreement; or (iii) your violation of the rights of any third party, including Third Party Providers.

15. Entire Agreement

Any previous agreement between you and PCFC, Dubai World Corporation, Dubai World Corporate Services FZE or any of its subsidiaries or business units in relation to the subject matter of these Terms is hereby terminated by mutual agreement, without prejudice to any accrued rights and obligations of the parties.

If any provision of these Terms is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

16. Service Contracts

These Terms do not in any way waive or reduce your obligations stipulated in any other agreement which you have entered into with Dubai Trade or its affiliates or subsidiary companies.

17. Dispute Resolution

These Terms and the provision any services by Dubai Trade shall be governed by and construed in accordance with the laws of Dubai, United Arab Emirates.

Any dispute arising out of these Terms and any services provided by Dubai Trade shall exclusively be submitted to the competent courts in Dubai, United Arab Emirates.

18. General

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

 

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