Terms & conditions
These terms and conditions ("Terms") govern your use of the delivery services provided by our company (Xbc Express) as well as the use of our website and any related services. By using our delivery services, website or related services, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use our services.
"Customer" means the individual or entity who orders and pays for the delivery services.
"Delivery" means the transportation of packages, parcels, documents or any other item by Company.
"Recipient" means the individual or entity who receives the delivery.
"Service" means the delivery services provided by Company.
2. Use of Service
2.1 The Service is available only to individuals or entities that can form legally binding contracts under applicable law. By using the Service, you represent and warrant that you are at least 18 years old and can form legally binding contracts under applicable law.
2.2 You agree to provide accurate and complete information when using the Service, including but not limited to the recipient's name, address, phone number, and email address.
2.3 You agree not to use the Service for any illegal, fraudulent, or unauthorized purposes. You agree to comply with all applicable laws and regulations when using the Service.
2.4 You agree that Company may use third-party carriers to provide the Service, and that the terms and conditions of those third-party carriers may apply to your use of the Service.
3.1 Company will provide the Delivery in accordance with your instructions and as described on our website or otherwise communicated to you. Company may, at its sole discretion, refuse to accept or deliver any item.
3.2 Company will use reasonable efforts to deliver the item(s) within the timeframe communicated to you. However, delivery times are estimates only and are not guaranteed. Company is not responsible for any delay or failure to deliver the item(s) caused by events beyond its reasonable control.
3.3 If the Recipient is unavailable to receive the Delivery, Company may attempt to redeliver the item(s) at an additional cost or return the item(s) to the Customer. If the item(s) is returned to the Customer, Company will not be liable for any loss or damage to the item(s) or any additional costs incurred by the Customer.
4. Fees and Payment
4.1 You agree to pay all fees and charges associated with the Service, including but not limited to the cost of the Delivery and any applicable taxes.
4.2 Payment must be made at the time of placing the order. Company will not deliver any item(s) until payment has been received in full.
4.3 Company reserves the right to change the fees and charges associated with the Service at any time without prior notice.
5. Liability and Indemnity
5.1 Company is not liable for any loss or damage to the item(s) caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, fire, flood, or theft.
5.2 Company is not liable for any loss or damage caused by the Customer's or Recipient's negligence, error, or omission.
5.3 Company's liability for any loss or damage to the item(s) is limited to the cost of the Delivery.
5.4 You agree to indemnify and hold Company, its affiliates, officers, agents, and employees harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service.
6. Intellectual Property
6.1 Company retains all rights, title, and interest in and to its intellectual property, including but not limited to trademarks, logos, and copyrights.
6.2 You agree not to use or reproduce Company's intellectual property without prior written consent from Company.
8.1 Company may, in its sole discretion, terminate your use of the Service at any time and for any reason.
8.2 Upon termination, all rights and obligations of the parties under these Terms will immediately cease.
9. Governing Law and Jurisdiction
9.1 These Terms will be governed by and construed in accordance with the laws of the jurisdiction where Company is located.
9.2 Any disputes arising out of or in connection with these Terms will be resolved in the courts of the jurisdiction where Company is located.
10. Entire Agreement
10.1 These Terms constitute the entire agreement between you and Company with respect to the Service.
10.2 These Terms supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Company with respect to the Service.
11.1 Company may amend these Terms at any time by posting the amended Terms on its website.
11.2 Your continued use of the Service after the amended Terms have been posted constitutes your acceptance of the amended Terms.
12. Contact Information
If you have any questions about these Terms or the Service, please contact Company at the contact information provided on its website.
13. Force Majeure
Company shall not be liable for any delay or failure in performing its obligations under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation, facilities, fuel, energy, labor or materials.
By using the Service, you acknowledge that you have read these Terms, understand them, and agree to be bound by them.
These Terms may be translated into other languages, but in the event of any conflict or inconsistency between the English version and any translated version, the English version shall prevail.
16. Electronic Communication
You agree that Company may communicate with you electronically, including but not limited to by email or by posting notices on its website. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
The headings in these Terms are for convenience only and shall not affect their interpretation.
If you provide Company with any feedback or suggestions regarding the Service, you agree that Company may use and incorporate such feedback or suggestions into the Service without any obligation to compensate you.
19. Third-Party Services
The Service may contain links to third-party websites or services that are not owned or controlled by Company. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
20. Third-Party Beneficiaries
These Terms are for the benefit of you and Company, and not for the benefit of any third party. No third party shall have any right to enforce these Terms or to receive any benefit under these Terms.
All notices required or permitted under these Terms shall be in writing and shall be delivered to the other party by any of the following methods: (a) certified mail, return receipt requested, (b) overnight courier, or (c) electronic mail. If you give notice to Company, you must use the contact information provided on its website. If Company gives notice to you, it will use the contact information provided by you to Company.
22. Independent Contractor
Company is an independent contractor and nothing in these Terms shall be construed as creating an agency, partnership, joint venture, or any other form of joint enterprise, employment or fiduciary relationship between you and Company.
23. Acceptable Use Policy
You agree to comply with Company's Acceptable Use Policy, as may be updated from time to time, which is incorporated by reference into these Terms.
Company may maintain insurance policies in connection with its operations, but shall have no obligation to maintain any insurance coverage for the benefit of you or any third party.
25. No Guarantee of Delivery
Company does not guarantee delivery by any specific time or date, and shall have no liability for any delay or failure in delivery, or for any damage or loss caused by or arising from any delay or failure in delivery.
26. No Other Warranties
Except as expressly set forth in these Terms, Company makes no other warranties, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
27. Limitation of Liability
In no event shall Company be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages. The total liability of Company to you for all claims arising out of or relating to these Terms shall not exceed the amount paid by you to Company for the Service.
28. Governing Law and Jurisdiction
These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Company is located, without giving effect to any choice or conflict of law provision or rule (whether of the jurisdiction in which Company is located or any other jurisdiction). Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in the jurisdiction in which Company is located, and you waive any objection to jurisdiction and venue in such courts.
29. Entire Agreement
These Terms constitute the entire agreement between you and Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Company with respect to the Service.
Company reserves the right to modify these Terms at any time, and such modification shall be effective upon posting of the modified Terms on its website. Your continued use of the Service after any such modification shall be deemed your acceptance of the modified Terms.
31. Contact Information
If you have any questions or concerns about these Terms, please contact Company at [insert contact information].
The failure of Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Company. Company may assign these Terms or any of its rights or obligations hereunder without your consent.
The provisions of these Terms that by their nature should survive termination of these Terms shall survive such termination, including but not limited to provisions regarding intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law.
36. Independent Review
You acknowledge that you have had the opportunity to review these Terms and to consult with legal counsel, and that you have done so to the extent you deemed necessary.
By using the Service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not use the Service.