Terms & Conditions

 

1. JAKDelivery

1. JAKDelivery is fully operated and powered by SMSA Express Transportation Ltd Co . in Saudi Arabia (“JAKDELIVERY” or “JAKDelivery”). This JAKDelivery Account Agreement (“Agreement”) is made and entered into by and between the individual or entity (“Member”) identified in the JAKDelivery Account Application Form (“Application Form”) and JAKDELIVERY for the use of JAKDELIVERY services (“Services”). The Services are provided to Member under the terms and conditions of this Agreement (“Terms and Conditions”) and any updates thereof or amendments thereto, and any related operating rules and policies that are published from time to time by JAKDelivery website (https://www.jakdelivery.com/sa) (the “Website”). And are subject to change at any time.

2. Services

2.1. Member Registration. Under the terms of this Agreement, Member may purchase Services from JAKDelivery through the Website. In order to access the Services, Member will be required to first establish an account with JAKDelivery by registering at the Website and paying the initial registration fee. If the registration fee is not paid directly, this Agreement will automatically terminate.

2.2. Username and Password: Upon registration, Member will be assigned a unique Username and Password and will be able to login to the account using the mobile number or via the email address registered with. Member agrees to maintain the security of its Username and Password and, in any event, will be responsible for all transactions and other activity by any person using Member’s Username and Password. JAKDelivery has the right to change Member’s Username, Password and/or Delivery Address (as defined below) by giving Member written notice (which may be by email) one month before the change will be effective, identifying the new username, password and/or Delivery Address (as defined below).

2.3. Services Scope. The Services will include the following:

(a) JAKDelivery will provide a delivery address and a unique suite number (the “Delivery Address”) within the country where service provided that Member may identify to merchants within the country (“Vendors”) as the destination for delivery of products purchased by Member and to be consolidated for export if all the items arrive at the U.S. address in a single package and are not sent separately under different airway bills. (“Products”).

(b) In order to access the Services, each member will be required to agree to these Terms and Conditions JAKDELIVERY(c) JAKDELIVERY will log each Product delivered into Member’s account (Suite) and notify the Member by email and SMS of the delivery. Member may also access information about such deliveries and other account information at the “My Account page” on the Website.

(c) It is the customer’s responsibility to carefully review the package details, such as quantities, and total declared values prior to settling the shipping fees. Please ensure that all provided information are accurate to facilitate a smooth shipping process. Any discrepancies may result in delays or complications during shipping/delivery process.

(d) The Member will have to login to their account and settle the shipping fees, in order for their packages be shipped and Delivered to their designated in the Kingdom of Saudi Arabia. Where appropriate.

(e) JAKDelivery will provide online support on the Website with respect to questions about the Services and specific Product shipments.

(f) All shipments processed by JAKDelivery service will be delivered to your selected SMSA Express pickup location. You will collect your shipment from the chosen SMSA branch once the shipment is ready for pickup.

3. Payment

3.1. Fees. Services are charged at the rates shown on the Website at the time of order. Items will be automatically prepared for shipping, once the Member pay the shipping fees through the JAKDelivery online payment gateway to proceed with the shipment. All payments are nonrefundable, and additional fees may apply.

3.1.1. The member authorizes JAKDelivery to access all information maintained about the member, including any details related to their purchases. This authorization allows JAKDELIVERY to act on behalf of the Member as if the instructions were provided directly by the Member themselves.

3.1.2. Special Handling Fees: JAKDelivery will charge a fee for shipping items that may be required to be handled as dangerous or hazardous materials, during international transport. Common dangerous goods include, but are not limited to, batteries, glue and paint. Furthermore, fees will increase depending on the number of hazardous or dangerous items per shipment.

3.2. Taxes. Member is responsible for all sales, VAT, excise, personal property or other taxes or duties on the Fees paid or Services provided under this Agreement. Taxes for each Product delivery must be paid in full when or before Member takes delivery of the Products.

3.3. JAKDelivery reserves the right to hold, cancel, suspend, or freeze any account at any time if the JAKDelivery account of the person or entity responsible for payment is in negative feedback.

3.4. There might be a custom fee added on the shipment charges and it shall be paid by the recipient.

3.5. When the customer requests to return the shipment to merchant inside the USA and it does not have the return prepaid label from the merchant the customer is obligated to pay (7%) of the value of the shipment declared sales tax to JAKDelivery.

4. Term and Termination :

4.1. Termination. JAKDelivery may terminate this Agreement effective upon notice to Member if:

(a) Member fails to pay any Fees when due hereunder;

(b) Any content posted at the Website under Member’s username gives rise to third-party claims, including claims of infringement, obscenity, libel, defamation or violation of privacy;

(c) Member violates any other terms of this Agreement, or any terms and conditions of sale that may be imposed by the seller of the merchandise;

(d) JAKDelivery reasonably believes that Member is using the Website or the Services as part of any criminal, tortious (including fraud), or other unlawful business or activity; or

(e) Member files a petition in bankruptcy,

(i) Has an involuntary petition in bankruptcy filed against it which is not dismissed within sixty (60) days,

(ii) Makes a general assignment for the benefit of creditors,

(iii) Admits in writing the inability to pay debts as they mature or

(iv) Has a receiver appointed for a substantial portion its assets.

(v) JAKDelivery may also terminate this Agreement without cause upon thirty (30) days’ prior notice to Member.

4.2. Effect of Termination. On expiration or termination of this Agreement for any reason:

(a) Member’s Username and password will be deactivated;

(b) Member will cease all use of the Website;

(c) Any fees then outstanding for services hereunder will become immediately due and payable.

5. Warranty

5.1. Warranty: JAKDelivery will use commercially reasonable efforts to provide the Services in accordance with the terms of this Agreement.

5.2.No Other Warranties: To the maximum extent permitted by applicable law, JAKDelivery disclaims all other representations, warranties and conditions of any kind, whether written, oral, express or implied, including any warranty of merchantability and any warranty based on a course of dealing, course of performance or usage of trade. Without limiting the scope of the foregoing disclaimer, member specifically acknowledges that JAKDelivery has no responsibility or liability to member or any third party for the availability, operation, quality, compatibility, safety or results of using any products or services offered or sold by any vendor. JAKDelivery also has no responsibility or liability to member or any third party for loss or damage to products prior to their acceptance by JAKDelivery or its agent at the delivery address.

5.3. Compliance: . The Member is responsible for and warrants his/her compliance with all applicable laws, rules, and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, though, or over which the Member’s shipment may be carried. This responsibility includes determining and meeting any, and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. The countries government provides general information about export requirements on their websites. Member represents and warrants, effective upon each purchase of Products through the Website, that such purchase will not result in Member, JAKDelivery,, or any of JAKDelivery’s agents being in violation of any import, export or other law or regulation of any country. Member will indemnify JAKDelivery, their agents and their employees against damages or expenses (including reasonable attorneys’ fees) incurred with respect to any third-party claim related to Member’s failure to comply with applicable laws or the terms of this Agreement.

5.4.Limitation of Liability: JAKDelivery’s liability for the carriage of any package in connection with a shipment of that package, including but not limited to, any loss, damage, delay, misdelivery, any failure to provide information, or misdelivery of information relating to the Shipment shall be limited as set forth in this Section 5. 4.. Even if a higher value for a shipment is declared, the liability of JAKDelivery for loss of or damage to the contents of a shipment will not be more than the actual value of the contents of the shipment and JAKDelivery shall be entitled to require independent proof of the value of the contents of a shipment for which a claim is made.

Insurance Disclaimer: Please note that if no insurance coverage was purchased, you will not be eligible to file a complaint or a claim for any loss, damages. It is the responsibility of the customer to ensure appropriate insurance is obtained prior to the transaction.

The maximum insurance liability for carriage is $1,000 per shipment, regardless of the declared value or insurance costs paid. Members are advised to refer to our 24/7 customer service for an explanation of the declared value limits. All shipments contents are limited to a maximum insured value for carriage of $1,000 per shipment of commodities of extraordinary items are listed below:

  • Artwork, including any work created or developed by the application of skill, taste or creative talent for sale, display or collection. This includes without limitation, items (and their parts) such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statues, sculptures, collector’s items, customized or personalized musical instruments or similar items;
  • Antiques or collectable items, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include but are not limited to, furniture, tableware, porcelains, ceramics and glassware. Collectable items may be contemporaneous or relating to a past era;
  • Film, photographic images (including photographic negatives), photographic chromes and photographic slides;
  • Any commodity that by its inherent nature is particularly susceptible to damage, or the market value of which is particularly variable or difficult to ascertain;
  • Glassware, including but not limited to signs, mirrors, ceramics, porcelains, china, crystal glass, framed glass and any other commodity with similarly fragile qualities;
  • Plasma screens;
  • Jewellery, including but not limited to, costume jewellery, watches and their parts, mount gems or stones (precious or semiprecious, cut or uncut), industrial diamonds and jewellery made of precious metal;
  • Precious metals, including but not limited to, gold and silver, silver bullion or dust, precipitates or platinum (except as an integral part of electronic machinery);
  • Furs, including, but not limited to, fur clothing, fur-trimmed clothing and fur pelts;
  • Stocks, bonds, cash letters or cash equivalents, including but not limited to food stamps, postage stamps (not collectible), travelers check, money orders, gift cards and gifts certificates, prepaid calling cards (excluding those that require a code for activation), bond coupons and bearer bonds;
  • Collectors’ items such as sports cards, souvenirs and memorabilia. (Collector’s coins and stamps may not be shipped. See the Items Unacceptable for Carriage section);
  • Guitars and other musical instruments that are more than 20 years old and customized or personalized musical instruments. THESE LIMITATIONS OF LIABILITY WILL NOT APPLY TO (I) LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL OR CRIMINAL MISCONDUCT OR (II) THE OBLIGATION TO PAY UNDISPUTED FEES. If any of the foregoing exclusions or limitations exceed those permitted by any applicable law, the parties intend that these limitations and exclusions be given the fullest effect permitted by such law.

6. General Provisions

6.1. Dimensional Weight : International carriers base their shipping rates on the greater of actual weight and dimensional weight. Actual weight is the weight of the package when put on a scale. Dimensional weight is based on the size of the package. Large items that have a small actual weight, like pillows and lampshades, will have a larger dimensional weight. Dimensional weight is calculated by multiplying the Length by Width by Height and dividing the total by a "DIM Factor". JAKDELIVERY’s DIM Factor is 5000. Therefore, our formula is: Dimensional Weight (kgs) = Length x Width x Height (centimeter) / 5000. JAKDelivery maximum shipment/package dimension & weight that can be accepted for shipping are based on carrier terms and condition of carriage.

6.2. Injunctive Relief. Member agrees and acknowledges that a violation of any of the terms of this Agreement may cause irreparable damage to JAKDELIVERY and that JAKDELIVERY will be entitled to seek an injunction from any court of competent jurisdiction, without being required to post a bond or prove damages.

6.3. Notices. All notices to JAKDelivery under this Agreement will be delivered personally, sent by express courier or sent by certified or registered mail, return receipt requested, to SMSA Express Transportation Company Limited, P. O. Box 63529, Riyadh 11526, Saudi Arabia, Specified by JAKDelivery by notice in compliance with this Section 6.3. Such notices will be deemed effective on personal receipt, two (2) days after dispatch if sent as required by courier and five (5) days after deposit in the mail if mailed as required by certified or registered mail.

6.4. Reconsideration and amendment. JAKDELIVERY reserves the right to reconsider and amend from time to time in these terms, conditions, services and fees without notice to Member. Any updated terms, conditions shall be effective on the date of publishing by the Website. Therefore, a JAKDELIVERY member is responsible to visit the Website periodically for checking new JAKDELIVERY terms and conditions.

6.5. Assignment. This Agreement is binding upon and inures to the benefit of the parties and their successors and permitted assigns. Member will not assign any rights or delegate any obligations under this Agreement without the prior written consent of JAKDELIVERY. Any attempted assignment or delegation in violation of this Section 6.5 is null and void.

6.6. Entire Agreement. This Agreement embodies the entire agreement and understanding of the parties in respect of the transactions contemplated by this Agreement. This Agreement supersedes all prior or contemporaneous agreements and understandings between the parties with respect to such transactions.

6.7. No Third-Party Rights. This Agreement is intended solely for the benefit of the parties hereto and will not be deemed to create any rights in any other person or entity.

6.8. Severability. If any provision of this Agreement becomes unenforceable for any reason, it will be deemed amended as necessary to make it enforceable. The unenforceability of any provision hereof will not affect the enforceability of the other provisions hereof.

6.9. Captions; Authority. The captions of this Agreement are for convenience only and will be ignored in construing this Agreement. If Member is a corporation or other legally constituted entity, the person accepting this Agreement represents and warrants that they have the power to bind Member to the terms of this Agreement.

6.10. Interpretation. This Agreement has been negotiated at arm’s length. Any rule of law that requires interpretation of ambiguities against the drafting party is hereby waived. In this Agreement, the word “including” and its derivatives are not used as words of limitation and, whether or not accompanied by such clarification, are deemed followed by words such as “without limitation.”

6.11. Prevailing Party Entitled to Attorneys' Fees and Costs. With regard to any action related to this Agreement, the prevailing party will be entitled to an award of reasonable attorneys’ fees, costs, charges, and expenses, from the initial request for redress through trial, appeal, and collection, as applicable.

6.12. Governing Law; Venue. This Agreement will be governed by the laws of the Kingdom of Saudi Arabia. Any action to enforce this Agreement will be brought exclusively in the competent court in Riyadh.

6.13. JAKDelivery reserve the right to disclose Member’s personal information at their discretion to any law enforcement agency or government officials requesting it for any reason. This includes information requested in connection with the commission of any offense, in order to comply with applicable laws and lawful official authority requests, to operate the JAKDelivery service properly, or to protect JAKDelivery, and their users or suppliers from cheating and defrauding. Cheating and defrauding shall be inclusive of but not limited to fraudulent payment, use of stolen credit cards, unauthorized chargeback or other reversal of a payment, money laundering or any other unlawful act or transaction.

6.14. The Member acknowledges that JAKDelivery will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “Item”) exported or to be exported from the country that is subject to the International Traffic in Arms Regulations (ITAR) or that would require an export license under the Export Administration Regulations (EAR). Member also acknowledges that JAKDELIVERY does not allow for the use of license exceptions under the EAR or exemptions under the ITAR.

To review the prohibited items please go to the following link:

https://www.jakdelivery.com/sa/prohibited-items

6.15. Merchandise Returns. If a shipment is refused or restricted, the Customer shall choose one of the two options: (a) return it to the merchant if it is possible to do so; or (b) dispose of the merchandise promptly if the merchandise is not storable. JAKDelivery charges a fee for shipping items back to the merchant, the rates of shipping will depend on package weight (greater of actual weight and dimensional weight) and carrier shipping cost. Title to any items that cannot be returned for any reason after arrival at your U.S address will be forfeited by Member. JAKDelivery will have the option of returning all packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.

6.16. Undeliverable Shipments. An undeliverable shipment is one that cannot be delivered for reasons that include, but are not limited to, any of the following: (i) the recipient’s address is incomplete, illegible, incorrect, or cannot be located, (ii) the shipment was addressed to an area not served by the carrier, (iii) the recipient's place of business is closed (iv) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for the delivery of the shipment on the initial delivery attempt or reattempts, (v) the shipment is unable to clear customs, (vi) the shipment would likely cause damage or delay to other shipments or property, or injury to persons, (vii) the shipment contains prohibited items, (viii) the Recipient is unable or refuses to pay for a bill recipient shipment, (ix) the Shipment was improperly packaged or (x) the shipment’s contents or packaging are damaged to the extent that re-wrapping is not possible. If a shipment is undeliverable for any reason, JAKDelivery may attempt to notify the Recipient through all available contact information to arrange for shipment delivery, without prejudice to any local regulatory constraints. If the recipient cannot be contacted within five (5) business days or fails to settle the transport fees within a reasonable period of time as determined by JAKDelivery, JAKDelivery at its sole discretion may place the shipment in a general order warehouse or customs-bonded warehouse or dispose of the shipment. If a shipment cannot be delivered or cleared through customs, the shipment may be transferred or disposed of by JAKDelivery at its sole discretion. The recipient will be liable for any and all costs, charges, and fees incurred in storing or disposing of an undeliverable shipment. JAKDelivery reserves the right to hold, cancel, suspend, or freeze any account at any time if the JAKDelivery account of the person or entity responsible for payment is not in good credit.

6.17. JAKDELIVERY reserves the right to discard, destroy, or auction any of Member’s package within thirty (30) days after receipt by JAKDELIVERY if: (i) the shipping charges have not been settled by Member; (ii) the mail and/or packages were not clearly identified as belonging to Member; (iii) Member does not claim the mail or packages received at the Member’s Delivery Address, or (iv) if JAKDELIVERY has terminated the Agreement for good cause as set forth in clause 18 above. Notwithstanding the above, JAKDELIVERY may destroy any pornographic materials or products and all other related content of whatever type immediately upon arrival to Member’s Delivery Address.

6.18. The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. Member acknowledges that JAKDelivery are not responsible for any action taken by the seller with respect to Member’s order as a result of the seller’s terms and conditions of sale. Member also is responsible for informing the seller that any merchandise purchased and sent YOUR U.S. ADDRESS ultimately will be exported out of the country. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped using JAKDELIVERY’s services.

6.19. The Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules, and/or regulations, including notifying the country Principal Party in Interest (“USPPI”), as defined by the country Foreign Trade Regulations, about the nature of the export in every transaction generated by Member. Member agrees to provide to JAKDelivery all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required.

6.20. At no time shall Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (a) a person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the country Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations; (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the country maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the country maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (f) a person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time. In the event that Member is believed potentially to be a Prohibited Person or requests that JAKDELIVERY arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, JAKDELIVERY may ask Member to provide documentation to show that Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of JAKDELIVERY or its U.S. Package Consolidator, JAKDELIVERY reserves the right to remove the shipping address of such potential Prohibited Persons from Member’s account or to cancel Member’s account, JAKDELIVERY also reserves the right to request a signed statement of assurance from Member stating that Member understands his or her obligations under U.S. export law and that Member will conduct screening to ensure that Member does not export to Prohibited Persons using the services of JAKDELIVERY, its U.S. Package Consolidator, or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.

6.21. The Member hereby grants JAKDelivery a written authorization to act as his or her agent for the following specific purposes: · preparation of shipping documents; · preparation of any certificates of origin; · preparation of an EEI via AES; and · preparation of an airway bill or any other document required to export merchandise to Member. If an EEI (for which an additional charge will apply) is required for goods manufactured and originating within the United States, JAKDelivery will file the required export information on behalf of Member as its agent pursuant to this section. If Member or the USPPI fails to provide all of the information needed to accurately file an EEI, JAKDelivery will decline to process the merchandise for export. JAKDelivery reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. Member also acknowledges that under such circumstances, JAKDelivery will not reimburse Member for the value of the merchandise. Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' or the country where service provided laws and regulations, including information required by 15 CFR § 30 and maintaining all records as required under the law. Civil or criminal penalties may be imposed against Member by the U.S. government for making false or fraudulent statements with respect to this information. JAKDelivery assume no responsibility to act as a record-keeper or record-keeping agent for either Member or the USPPI. Member is responsible to supply to JAKDELIVERY all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number (“ECCN”), Schedule B classification, and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR). Member also is responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.

NOTE: BY AGREEING TO THE ABOVE ["TERMS AND CONDITIONS”], YOU WILL BE ENTERING INTO A BINDING AGREEMENT WITH JAKDELIVERY AND ITS PARTNER'S TERMS AND CONDITIONS, EVEN IF YOU HAVE NOT READ THE FOREGOING TERMS AND CONDITIONS.