TERMS OF USE (CUSTOMER)

APOLLO ELOGISTICS Co., Ltd – CUSTOMER – TERMS OF USE (TOU)

 

PLEASE READ THESE TERMS OF USE (“TOU”) CAREFULLY BEFORE USING APOLLO ELOGISTICS APPLICATION (THE “APP”), A COURIER BOOKING APP PROVIDED BY APOLLO ELOGISTICS CO., LTD A COMPANY INCORPORATED IN THE KINGDOM OF CAMBODIA WITH REGISTERED ADDRESS NO 105, STREET 598, PHOUM 1, SANGKAT BEOUNGKOK2, KHAN TOULKOUK, PHNOMPENH, CAMBODIA. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APP AND ALL SERVICES PROVIDED BY APOLLO ELOGISTICS.

By using the App in any manner, you agree to be bound by this TOU, including those additional terms and conditions and policies referenced herein (collectively, the “Terms of Use” or this “Agreement”).

In order to use the Service, you must agree to this Terms of Use. By using the mobile application supplied to you by the Company (the “Application”), and downloading and installing which overall purpose is to enable persons seeking courier services to ship goods from a certain destination to the other destination, to be matched with third-party courier service providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by this Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at http://www.APOLLOELOGISTICS.com or through the Application.

APOLLO ELOGISTICS reserves the right to modify or terminate the App for any reason, without notice, at any time. APOLLO ELOGISTICS also reserves the right to revise this TOU.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE COURIER SERVICES AND THE COMPANY IS NOT A COURIER PROVIDER. IT IS UP TO THE THIRD-PARTY COURIER PROVIDERS TO OFFER COURIER SERVICES TO YOU AND IT IS UP TO YOU TO ACCEPT SUCH COURIER SERVICES. THE SERVICE OF THE COMPANY IS TO LINK YOU WITH SUCH THIRD-PARTY COURIER PROVIDERS BUT DOES NOT NOR IS IT INTENDED TO PROVIDE COURIER SERVICES OR ANY ACT THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A COURIER PROVIDER. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD-PARTY COURIER PROVIDER AND/OR ANY COURIER SERVICES PROVIDED TO YOU.

THESE TERMS OF USE AS REVISED BY APOLLO ELOGISTICS IN ITS SOLE DISCRETION FROM TIME TO TIME (“AGREEMENT/TOU”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU ARE ACCEPTING THIS AGREEMENT, ON BEHALF OF YOURSELF OR THE COMPANY, ENTITY OR ORGANIZATION THAT YOU REPRESENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT, ON BEHALF OF YOURSELF OR THE COMPANY, ENTITY OR ORGANIZATION THAT YOU REPRESENT.

IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

If you have any questions, please contact us at admin@APOLLOELOGISTICS.com

  1. Definition

    1. “Parcel” are goods which can be in all type of form, material, packed or unpacked that will be sent by the sender to the receiver using the services of a courier part through APOLLO ELOGISTICS Application.

    2. “We”, “Us”, “Our” or “APOLLO ELOGISTICS” means APOLLO ELOGISTICS Co., Ltd which and its employees in related business relationship only.

    3. “You”, “Your” or “User” means the Sender which named in the Consignment Note on the App/Parcel/Website.

    4. “Sender” means the person, phone number owner or party named in the Consignment Note. If he/she does not pass the parcel directly to courier or booking for other people or let the other person to pass the parcel, Sender is the only one responsible for legal action and accept all risks might be arisen.   

    5. “Receiver” means to the person, phone number owner or party named in the Consignment Note. If he/she does not receive the parcel directly from courier and let the other person to receive the parcel, Receiver is the only one responsible for legal action and accept all risks might be arisen.

    6. “Courier” means third-party courier service provider which can be individual, group of individuals, or company.

    7. “Consignment Note” means any waybill or equivalent document in paper or electronic form concerning detail information for the Shipment.

 

2. The App (Application)

  1. The App is a platform allowing individuals and business entities who have registered with the App and have agreed to comply with APOLLO ELOGISTICSs’ terms of use to create orders for courier services in the Kingdom of Cambodia provided by third-party individuals and courier service providers.

  2. Beside in relation to payments, APOLLO ELOGISTICS does not participate in any transaction between the User who creates the order (“Sender”) and the Courier who accepts such order.

  3. You agree and accept that the App is merely a platform and as such is not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or other third-parties on the App (“Content”), and other such information as may be required by you in creating the order (eg. receiver’s phone number, comments, promo codes, etc.) (“Information”).

  4. APOLLO ELOGISTICS also does not control the Content and Information provided by Users that are made available on the App. You may find some Content or Information to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

  5. By using the App, you agree to accept such risks. You also agree that APOLLO ELOGISTICS and its employees are not responsible for any and all acts or omissions of Users on the App.

 

3. Registration

 

  1. The App is available only to, and may only be used by, individuals who are 18 years old or older, and who can form legally binding contracts under the applicable laws in the Kingdom of Cambodia.

  2. By accepting this TOU, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

  3. If you are registering on behalf of a corporation, partnership, unincorporated association, or any other business entity, you personally represent and warrant that you have the authority to bind the said entity to this TOU.

  4. Notwithstanding the foregoing, APOLLO ELOGISTICS may, in its sole discretion, refuse to accept the registration of any person or entity.

 

4. User Responsibilities

 

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Application for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application to your device. The Company reserves the right not to permit you to use the Service should you use the Application with an incompatible or unauthorized device or for purposes other than which the Application is intended to be used. By using the Application, you agree that:

  1. You will only use the Service for lawful purposes;

  2. You will only use the Service for the purpose for which it is intended to be used;

  3. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

  4. You own the items to be delivered or have the necessary rights to ship such items and are authorized to, and do, bind the owner to the provisions of this term of use.

  5. You agree to allow the Courier and/or APOLLO ELOGISTICS staff to search and inspect your item(s) to be delivered before the actual delivery by the Courier. The Courier may refuse to deliver your item if you do not allow the Courier and/or APOLLO ELOGISTICS staff to search and inspect your item(s) to be delivered.

  6. You are solely responsible for any and all liability, which results or is alleged as a result of such shipped items, including, but not limited to, property damage, personal injury and death.

  7. If you are packaging your goods, you understand that you are liable for any claims, loss, or damage as a result of your doing so improperly or unsafely. You understand that APOLLO ELOGISTICS is in no way responsible for the packaging or compliance with shipping instructions for your deliveries.

  8. You will not use the Application to cause nuisance, annoyance, inconvenience or make fake bookings;

  9. You will not use the Service, the Application for purposes other than obtaining the Service;

  10. You shall not contact the third-party courier provider for purposes other than the Service;

  11. You shall not intentionally or unintentionally cause or attempt to cause damage to the third-party courier provider;

  12. You will not try to harm the Service, the Application in any way whatsoever;

  13. You will not copy, or distribute the Application or other content without written permission from the Company;

  14. You will only use the Application for your own use and will not resell it to a third-party;

  15. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;

  16. You will provide the Company with proof of identity as it may reasonably request or require;

  17. You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

  18. You will only use an access point or data account which you are authorized to use;

  19. You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by customers

  20. You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company or the third-party courier provider regardless of any misgivings that you may have against the Company or the third-party courier provider;

  21. You agree that the Service is provided on a reasonable effort basis; and

  22. You agree that your use of the Service will be subject to the Company’s Privacy and Data Protection Policy as may be amended from time to time.

  23. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third-party service provider, the Company or any third-party as a result of any breach of the Terms of Use.

  24. You represent and warrant that You know and understand the risks of sending Goods using APOLLO ELOGISTICSs’ services and:

    1. If You are the sender of Goods, you are the person authorized to deliver Goods and

    2. If You are the receiver of the Goods, you are the person authorized to receive the Goods.

  25. In the event that loss or problems occurred when you experience during the provision of APOLLO ELOGISTICS Service, including due to an accident caused by the third-party courier service provider's negligence or traffic violation, We will, with our best efforts, help bring You together with the relevant third-party service providers in seeking solutions for the problem. We do not have any liability for any problems or disputes that arise between You and the third-party courier service provider, including taking legal action deemed necessary by You or the third-party courier service provider.

  26. The third-party courier service provider has the right to refuse Your APOLLO ELOGISTICS Service request if the third-party courier service provider has reasonable reasons to suspect that You have, or by accepting an order from You, You will violate the APOLLO ELOGISTICS Terms of Use or applicable laws and regulations.

  27. The third-party courier service providers reserve the right to open and inspect a Shipment without notice to you for safety, security, customs or regulatory reasons.

  28. Likewise, there are occasions that government officials may require to open and inspect certain Shipments. We need to fully comply with such instruction. Prior notice to Sender or Receiver is not necessary.

  29. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is created, or intended to be created, between you and APOLLO ELOGISTICS by this TOU.

 

 

5. Terms of service

 

  1. The delivery is deemed to be completed when the Shipment is delivered to the Receiver’s address specified in the Consignment Note, but not necessarily to the named Receiver personally.

  2. If the receiver is not available at the address, we may deliver the shipment to any person available at the receiver’s address (e.g. co-workers, family members, etc.). For the safety of the shipment, we will not deliver a shipment to a location without any receiver, even upon request of sender and/or receiver.

  3. We will not deliver the Shipment to an address different from the Consignee’s address specified in the Consignment Note unless with the instruction from the Sender/Receiver. Sender/Receiver shall contact courier provider for such request.

  4. You are required to provide complete and accurate information regarding the complete address of the pick-up point of the Parcel, the drop-off point of the Parcel and the type of Parcel to be delivered by writing the details of the item (e.g., item name, item weight and type of goods) in the Parcel description field provided. You must fill in additional information regarding the sender's telephone number, the receiver's telephone number and/or special instructions on the delivery of Parcel.

  5. Should you deem necessary, subject to your own assessment to pack the parcel or not in accordance with the details of the Parcel. If necessary, you can do packaging on the Parcel, so that the Parcel sent by the courier provider are not damaged during the trip.

  6. If the Parcel to be delivered have been packed, the courier service provider can be permitted by You witnessed by You to open and show the inside of the packaging to ensure that the contents are in accordance with the description of the Parcel and do not violate APOLLO ELOGISTICSs’ Terms of Use.

  7. To receive the Parcel, receiver must enter the 4-digit code on courier service provider mobile application. You are required to tell the code to receiver which is shown on the Consignment note in the App, in your own safety and convenience ways.

  8. Any variation in the Information after the Courier has accepted the order shall be mutually agreed to by you and the said Courier. APOLLO ELOGISTICS is not involved in the transaction between you and the Courier and does not exercise control over the Information entered into the order nor any decision made by the Courier in relation to his or her agreement or otherwise to the modified Information.

 

6. Prohibited items

 

  1. Illegal or prohibited items under applicable laws and regulations of the Kingdom of Cambodia

  2. Dangerous goods including hazardous or toxic goods, explosives, weapons or guns;

  3. Money and negotiable instruments equivalent to cash such as check, certificate of deposit, stocks and bonds;

  4. Credit cards, debit cards or cash cards;

  5. Personal documents issued by government authorities such as identification cards, passports, driving licenses, etc.;

  6. Letter Documents containing substantial amount of confidential information;

  7. Bullions, loose precious/semi-precious metals or stones;

  8. Living animals

  9. Human or animal remains, body parts or organs;

  10. Shipments without proper or adequate packaging;

  11. Shipments that may cause delay or damage to other shipments, equipment or personnel;

  12. Shipments that require us to obtain any special license or permit for transportation, importation or exportation.

  13. Involve the delivery of illegal, counterfeit or stolen items;

  14. Contain dangerous or hazardous items, including but not limited to explosives, gases, flammable liquids and solids, corrosives, oxidizing substances, chemically reactive or acutely toxic substances, radioactive material, and infectious substances;

  15. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights;

  16. Be obscene, contain pornography, or any other matter contrary to public morality;

  17. Involve any matter that is seditious, or otherwise threatens the national security or public order of Cambodia;

  18. Contain very expensive items, or rare items; and

  19. Narcotics, marijuana, morphine, and other products that cause addiction;

  20. Easily damaged groceries and beverages that require refrigeration or a controlled environment;

  21. Government-controlled goods

  22. Extraordinary Goods, including but not limited to:

    1. Artworks, including works made or done using creative skills, sense or talents for sale, exhibited or collected, including, but not limited to items (and parts thereof) such as paintings, drawings, vases, rugs;

    2. Films, photographic images, including negative photography, chromes photography, photography slides;

    3. Commodities that are naturally very vulnerable to damage, or highly variable market values, or difficult to ascertain;

    4. Antiques, commodities that show the style or fashion of a past era whose history, age or scarcity contributes to its value. These items include but are not limited to, furniture, tableware, glasses, and collectibles such as coins, stamps;

    5. Glassware in the form of jewelry, including costume jewelry, watches and parts thereof, gemstones or stones (noble or semiprecious) industrial diamonds and jewelry made of precious metal;

  23. Precious Metals, including but not limited to gold and silver bars or powder, deposits or platinum (except as an integral part of electronic machinery);

  24. Valuable Documents, including but not limited to:

    1. Land Ownership Certificate and/or Right of Land Ownership Certificate, Construction Permit Certificate; Birth Certificate, National Identification Card, and more.

    2. Proof of Motor Vehicle Ownership, Graduation Certificate, Passport; and/or

    3. Other Bank Deposit, Bond Certificates defined by us as Valuable Documents.

  25. Goods that exceed the vehicle's carrying capacity.

 

7. Payment Terms

 

  1. Transaction fee and price listing will be displayed on the App before you book the Services. You understand and acknowledge that We can change the offer and/or updates the Fee/Price listing offered from time to time based on certain factors, including location, time, applicable laws and regulations. If there are other costs incurred during the provision of APOLLO ELOGISTICSs’ service for You, including but not limited to toll fees and parking fees, wrong location overrun fee and other added fee, then You are fully responsible for these costs and the courier service provider has the right to request reimbursement of these other costs of Yours.

 

   2. Payment of other fees mention in point 7.1 can be made in cash or paid through other payment features available in the App.

 

8. Delayed Delivery

 

  1. A ‘Delayed Delivery’ refers to a completed delivery which is beyond the estimated delivery date and time. Estimated delivery dates and time provided are estimates only and are not guaranteed.

  2. While we will make reasonable efforts to deliver the Shipment according to our delivery schedule, time shall not be of the essence in respect of the delivery of Shipment and we shall not be liable to any direct or indirect damages or losses caused by delays in delivery

 

 

9. Return Delivery

 

  1. After the parcel is picked-up by third-party courier service provider, Sender has right to return the parcel to original sender’s address on consignment note. Sender agrees to pay the courier provider the same amount as shown on consignment note on the App.

  2. For Express service, courier service provider will return the delivery to the sender unless requested from the sender. The transaction fee will be the same as original destination in the consignment note.

  3. For Same-Day and Next Day service, if courier service providers cannot return the parcel instantly as requested from the sender, the courier service provider will return the parcel on next business schedule and days. The transaction fee will be the same as original destination in the consignment note.

 

10. Undeliverable Parcel

 

  1. A shipment is considered as “undeliverable” in certain circumstances, for instance:

    1. All attempts of re-delivery are unsuccessful;

    2. Shipment cannot be delivered successfully within 3 Working Days upon estimated delivery date;

    3. Sender fails to provide further instruction upon our request

  2. All delivery fee and other charges paid for the Shipment are non-refundable. Sender has obligation to pay the transaction fee to courier service provider as in the consignment note after all attempts of re-delivery are unsuccessful.

  3. After the parcel is categorized as undelivered parcel which have no request to return the parcel back to sender’s address by the sender during the allowed period (3 working days), the third-party courier service provider will hands over the undelivered parcel to Us, the Sender can retrieve the undelivered parcel within 7 working days from the date of the courier provider hands the goods to us at our office. If the undelivered parcel is not retrieved during the period of parcel retrieval (within 7 working days), then the expiration of the period of parcel retrieval is your express statement that the parcel has been transferred and handed over to Us and therefore We have the right to, without Your prior consent, take actions that we deem appropriate for the parcel (including but not limited to donating, selling, destroying or disposing of the Goods).

  4. In the event that the undelivered parcel are not Your property and We understand that the undelivered parcel have not been taken by You or your representative after the period of parcel retrieval has expired (7 working days), You are deemed intentionally grant Your consent to transfer the ownership of the parcel to Us as set forth in this Term of Use. The event of the transfer of parcel is Your responsibility. You acknowledge that You will hold Us harmless from any issue occurred between You and the owner of the undelivered parcel.

 

 

11. Damaged , Defective, Lost parcel and Provisions about Indemnity for APOLLO ELOGISTICS Services

 

1. If the sender's parcel is damaged, defective or lost during the implementation of Courier service provider, you can file a complaint to the APOLLO ELOGISTICS Call Center or send an email as explained in the APOLLO ELOGISTICS application.

 

2. For the purpose of filing a complaint, with regard to the damaged or defective parcel, the sender and/or receiver are obliged to store and/or send color photos that can show the damaged or defective parcel with any other evidences which can explain and sufficient enough to conclude that the filing of complaint is reasonable and can be used for further investigation.    

 

3. You may be got compensation for an amount equivalent of the parcel which up to a maximum of USD 20 for every 1 (one) time using APOLLO ELOGISTICS application. If the parcel is damaged, defective and/or lost, as long as you write down the information parcel details as mention above that there are sufficient evidences that courier providers should be responsible for the cause.

4. In the event that the sender does not write down the details of the parcel as mention above and the parcel are subsequently damaged, lost and/or there is a defect in the parcel in the implementation of Courier Service Provider, then You can only claim for a compensation price of the parcel to Us with the maximum amount USD 20. 

5. You cannot claim for a compensation if You submit the claim more than 3 (three) working days after the date the service is performed. You also cannot make a claim if the parcel You send through APOLLO ELOGISTICS application are parcel categorized as prohibited items of this APOLLO ELOGISTICSs’ Terms of Use.

6. We do not provide insurance for parcel that You ship using APOLLO ELOGISTICS Application and We do not cooperate with third-party insurance providers to provide insurance for Your parcel that are damaged, defective or lost within the course of your use of the APOLLO ELOGISTICS Application.

 

12. Limitation of Liability

 

  1. In the event liability is found, you hereby agree that APOLLO ELOGISTICS’s liability for any loss or damage, including but without limitation to

    1. Indirect, special, incidental, punitive, exemplary, reliance, or consequential damages,

    2. Loss of or damage to reputation of you or any third party,

    3. Loss of information or data,

    4. Loss resulting from any use, inability to use, interruption, suspension, or termination of the App and/or APOLLO ELOGISTICSs’ Application,

    5. Loss resulting from any deletion, mis-delivery, failure, or untimeliness in posting or storing any information,

    6. Loss of opportunities, profits, savings, information, use or other commercial or economic loss, or

    7. Loss resulting from any other matter otherwise, related to your use and/or reliance of the App, shall be limited to USD 20.

You understand and agree that your sole and exclusive right and remedy with respect to any defect in, or dissatisfaction with, the App, or any other grievance not specified in Clause 12.1, shall be your discontinuation of access to, or use of, the App and/or APOLLO ELOGISTICSs’ services.

 

13. General Disclaimers

 

  1. APOLLO ELOGISTICS provides the App on an “as is” basis and you understand and agree that there are risks in using the App, APOLLO ELOGISTICS Application or website or services, and your use thereof is solely at your own discretion.

  2. APOLLO ELOGISTICS makes no warranty, whether express or implied, as to the title, merchantability, performance, fitness for a particular purpose, quality, safety, morality or legality, truthfulness or accuracy of any Content, Information, or item provided or entered by Users on the App.

  3. APOLLO ELOGISTICS does not warrant or guarantee that the functions or service accessed through the App will always be available, uninterrupted, error-free, or that defects on the App will be corrected.

  4. APOLLO ELOGISTICS will not pre-screen or vet the content or information provided by users of the App in creating or accepting orders, and accordingly does not warrant that you or the Courier will actually complete a transaction.

 

14. Content and Data Protection

 

  1. APOLLO ELOGISTICS does not claim any ownership rights in your Content. You grant APOLLO ELOGISTICS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any intellectual property rights you have in the Content. You agree to allow APOLLO ELOGISTICS to retain or re-format your Content on APOLLO ELOGISTICS Application, and display your Content on the App in any manner as deemed reasonable by APOLLO ELOGISTICS to provide the services offered under the App

  2. For the avoidance of doubt, APOLLO ELOGISTICS shall only use your personal data in accordance with APOLLO ELOGISTICSs’ Privacy and Data Protection Policy.

  3. As part of the transaction, you may obtain personal data, including but not limited to the name, email address, mobile phone number, and address information, of a User or receiver. You agree to comply with the terms of APOLLO ELOGISTICSs’ Privacy and Data Protection Policy in handling all such personal data, which can be found at www.APOLLOELOGISTICS.com

 

15. Governing Law

 

  1. The Terms and Conditions shall be governed by the laws of the Kingdom of Cambodia and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Kingdom of Cambodia

Last updated: 03-September-20