Terms and Conditions
Welcome to www.e-shahn.com (the "Site"), which is owned and operated by E-SHAHN FZ LLE ("E-SHAHN" or "We"). We provide the Site and the information and services offered on the Site to You, whether you are a Customer/consignee (Customers) or Freight Forwarder/Service provider (Service Provider), subject to the following Terms and Conditions (the "Terms"). By using the Site, You agree to be bound by the Terms. We may, in our sole discretion, modify the Terms without notice to You. Therefore, please continue to review the Terms when using the Site. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular E-SHAHN services or features on the Site, you shall be subject to any posted guidelines or rules applicable to such services or features that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. In the event of any conflict between such posted guidelines or rules and these Terms, the posted guidelines or rules shall govern.
2. Description of Service.
The Site is a proprietary freight shipping platform where: (i) Customers can enquire rates for listed services under marketplace (ii) Service Providers can quote rates and advertise (ii) Customers can view, quotes and book shipments; and (iii) if they wish, Customers and Service Providers can enter into a contractual relationship based on industry standard Bills of Lading or mutually agreed terms. The Site is for services listed under marketplace, including tracking of shipments. At all times, E-SHAHN is acting as an agent and not as a Customer or Service Provider and for purposes of clarity the transport of goods by a Service Provider on behalf of a Service Provider, even when contracted through the Site, is not part of the Services (as defined). The Site and the information, features, applications and services available on the Site may be referred to herein collectively as the "Service." Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future shall be considered part of the Service and subject to the Terms.
Subject to the provisions and conditions of these Terms, E-SHAHN hereby grants You a limited, non-exclusive, non-transferable, during the term hereof right and license to use the Site solely for the purposes outlined herein. No right or license is granted to You other than those stated before. You are prohibited from causing or permitting the reverse engineering, disassembly or de-compilation of the software which runs the Site.
You confirm that any individual using the Site on your behalf has authority to do so and to bind You. No one under the age of 18 may use the site.
5. Selection and Ratings of Service Providers.
To be eligible to be listed as a Service Provider on the Site Service Providers must meet minimal requirements which include, but are not limited to, (i) valid UAE trade license with activities registered as freight forwarder or related services (i) one year of uninterrupted business operations in the field with the same management; (ii) have at least two trucks in operation; trust and credibility; and (iii) pass a credit report. Accepted Service Providers agree to the use of their name and logo on the Site. Service Providers are rated according to their historical level of performance on services delivered through the Site. The ratings may be based on customers’ feedback or satisfaction. Service Providers new to E-SHAHN will be rated at E-SHAHN discretion which is mostly influenced by global presence, reputation and services provided.
6. Selection of Customers.
E-SHAHN will use its commercially reasonable efforts to verify Customers reputation, reliability and activities on the Site. E-SHAHN will use its proprietary, custom algorithms to identify any Customer submitting false load quotes to access Service Provider data. Any such Customer will be barred from the Site. On a case by case basis E-SHAHN may use Customer's company name or logo on the Site or other promotional materials.
Except when granted written permission on a case by case basis by E-SHAHN, the Site is not open to: (i) Customer having freight related service as registered activity in trade license (ii) freight brokers whether they are acting for a Service Provider or Customer; (iii) Service Providers who act as a broker; or (iii) Service Providers who act as double-brokers (where a Freight Forwarder agrees to transport freight and subsequently re-brokers it to another Freight Forwarder) unless, a Freight Forwarder refers the opportunity to another Freight Forwarder with which it has a written interline agreement.
8. Your Obligations.
Whether You are a Customer or Service Provider, You agree to use the Service only for lawful purposes. You are responsible for all content and information uploaded to, or generated through, the Service by You or on your behalf. You shall not utilize the Service to misrepresent an affiliation with any person or organization, violate the legal rights of any third party, or to upload or transmit any defamatory, indecent, obscene, harassing or otherwise objectionable material, or any material that is protected by copyright, trademark or trade secret, without permission from the applicable owner.
The fees paid by Customers may be composed of the price charged by the Service Provider and E-SHAHN’s fee. Initially, E-SHAHN will have the same transaction fees built into the price paid by the Customer. Service Providers will have a separate commission agreement with E-SHAHN for using the Site or generating revenue through the Site.
The origin and destination of a shipment or type of service offering determines the applicable Price Schedule that applies, which may change from time to time. Unless otherwise stated, all fee schedules are based in UAE Dirhams (“AED”). For charges provided in a different currency, we will use the conversion rate on the quotation date to calculate the booking fee. This fee is only charged if a quote is booked by a Customer or accepted by a Service Provider.
10. Method of Payment, Card Types accepted and Currency.
We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency). Alternative payment method includes cash, cheque, bank transfer or direct payment to the service provider.
11. Non-Circumvention Clause.
E-SHAHN provides marketing and sales automation services to Service Providers at no charge. In return Service Providers agree they will not directly solicit any Customer first introduced to them via the system. In the event of direct solicitation, the Service Provider involved agrees to pay E-SHAHN 50% of the gross profits received from that Customer for a 2 year period starting with direct solicitation of loads.
12. Site Security.
E-SHAHN will use commercially reasonable security technologies (such as encryption, password protection, hacking protection and firewall protection) in providing the Service, and You shall comply with the applicable E-SHAHN security guidelines and procedures made known to You through the Service or otherwise. However, E-SHAHN does not control the transfer of data over telecommunications facilities, including the Internet, and E-SHAHN does not warrant secure operation of the Service or that such security technologies will be able to prevent third party disruptions of the Service.a
13. Privacy and History.
14. Information You Provide to Us.
From time to time You are required to provide or update certain information in order to access or take advantage of certain features offered on the Site (for example, to join our email distribution list or to request that we send You information). Any information You provide us or post on the Site shall be true, accurate, current and complete. Additionally, in order to provide the Services to You or Your clients we may acquire from You contact information for You and/or your clients. Any such information will be used solely to provide the Services to You or your clients.
In order to use this Site, a user must first complete the registration form. During registration a user is required to give certain information, such as name and email address. This information is used to contact You about the services on this Site in which you have expressed interest, including your account information, booking information and tracking of your shipments. Users may opt out of emails by using email opt-out option. Please note that if You opt out of emails from this site, You may miss information regarding your account.
16. Cookies and other tracking technologies.
17. Links to other websites.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. If You submit personal information to any of those sites, your information is governed by their privacy statements. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
18. Limitation of Liability.
You recognize that E-SHAHN is providing the Site as is. E-SHAHN is not involved in and does not accept any responsibility for shipments or other related services procured through the Site and shall not be responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, graphics or any other materials transmitted or made available via the Service. E-SHAHN shall not be responsible or liable for any decisions made in reliance on such information, or for the conduct or service performed by any Service Provider listed in the system.
19. No Special, Indirect or Consequential Damages.
By using the Site You agree to hold E-SHAHN, and its successors, employees, contractors and associates, completely harmless from all claims of special, indirect, or consequential damages, whether the possibility of such damage has been disclosed to You in advance or could have been reasonably foreseen. This provision shall survive the expiration, termination or cancellation of the Service.
20. Limited Warranty by E-SHAHN.
E-SHAHN warrants that the Service will perform substantially in accordance with Our operating and technical documentation relating to the features, functions and operation of the Service as established from time to time. E-SHAHN’s sole obligation with respect to a breach of the warranty shall be to repair or replace any component giving rise to the breach of warranty. The limited warranty in this is in lieu of all other warranties. E-SHAHN MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE, IN WHOLE OR IN PART, OR ANY OTHER MATTER UNDER THESE TERMS. E-SHAHN EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. E-SHAHN EXPRESSLY DOES NOT WARRANT THAT THE SERVICE, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION.
Except as otherwise permitted under these Terms, E-SHAHN will not disclose to any third party Service Provider’s quotes or rates. We will use at least the same standard of care to maintain the confidentiality of Service Provider’s rates and lanes as used to maintain the confidentiality of our own confidential information.
You shall defend and hold harmless E-SHAHN against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorney fees that E-SHAHN shall incur or suffer, that arise, result from, or relate to any breach of or failure by You to perform any of your obligations in these Terms.
Other than any outstanding amounts due to E-SHAHN hereunder, both parties limit their liability with respect to the use and the performance of the Site or Services to an amount not to exceed the amount paid by You to E-SHAHN in the immediately preceding 12-month period.
These Terms and the attached right and license shall terminate in any of the following events: (i) You not paying any fees due to E-SHAHN; (ii) failure to respect the provisions hereof or any other provisions stipulated by E-SHAHN; (iii) discontinuance of the Site; or (iv) You issuing a written notice of termination to E-SHAHN. Upon termination of these Terms You will discontinue further use of the Site. Termination of these Terms will not relieve You from making payments which may be owing to E-SHAHN or seeking any other remedies under law or in equity.
25. Force Majeure.
Except with respect to the payment of fees hereunder, neither party will be liable to the other for any failure or delay in performance under these Terms solely during the period necessitated by the force majeure, due to circumstances beyond its reasonable control. Force majeure is limited to acts of war, terrorist acts, natural disasters, accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance, or the threat of any of the foregoing.
Client may not assign these Terms without E-SHAHN’s consent. E-SHAHN may assign these Terms and its rights and obligations hereunder at will.
27. Customer Service.
is part of E-SHAHN transactional fees which gives you the rights to customer service.
28. Governing Law.
These Terms and performance under these Terms shall be governed exclusively by the laws of the Province of United Arab Emirates (UAE) applicable therein, without giving effect to any principles of conflicts of laws, and notwithstanding Your domicile, residence or physical location. All disputes, controversies or claims arising out of or in connection with the Site or the Terms shall be submitted to and be subject to the exclusive jurisdiction of the courts of UAE. You agree to submit and attorn to the exclusive jurisdiction of the courts of UAE to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, System or the Terms.