Since BARQ Company is owning and operating this Platform to facilitate communications among People, it is important for this entity to comply with the following Conditions.
Means BARQ Company, the company which owns a Platform to facilitate communications among the Shipper, Carrier and Recipient through their Application and Website for the shipment of goods.
Means the application by which BARQ provides the Service to Users.
Means the website through which BARQ provides Service to the Users.
Means the online Service through which a Person can do the followings:
(i) send an Item,
(ii) receives an Item, and
(iii) a third Person travelling from one place to another to deliver goods.
Means the online Service through which the Service is provided.
Means the specific fees which are imposed on Users by BARQ company to cover the administrative cost which pertains to the use of online Services.
Means the General Terms and Conditions herein.
Means the natural or legal Person who is authorized to carry one Item from one place to another as per the Request of the Shipper.
Means the natural or legal Person who is requesting the transportation of a certain Item.
Means the natural or legal Person who will finally receive the Item from the Shipper (through the Carrier).
Means the transport of the Shipment from one place to another according to the request of the Shipper.
Means the material which are sent by the Shipper to the Recipient.
Means the specific fees which the Shipper has to pay to the Carrier to carry out his Request.
Means any natural or legal Person who has registered account on BARQ’s Application and Website.
Means the picture of the Item which the Shipper has taken and post it on his/her account for the transportation of the Item.
Means the destination where the Shipment will be delivered according to the Request of the Shipper.
Means the location from which the Shipment will be sent or received.
Means the method of transportation such as plane, car or train which will used by the Carrier.
Means the number which is released when the Carrier accepts the Shipper's Request. This procedure indicates the successful completion of the delivery.
Means the reference number of the Request
Means the value of the Shipment which was indicated by the Shipper as the maximum liability of the Shipper.
Means the natural or legal person who uses this Service regardless of his legal status such as Shipper, Recipient or Carrier.
Mean Shipper, Carrier, or Recipient.
Means the Geographical location which falls under the jurisdiction of the Shipper, Carrier, or Recipient.
BARQ has the legal rights to change or revise from time to time the Conditions herein. This change will be effective when it is published in the Platform (see the updated date on the first page). Therefore, You have to read the Conditions whenever You use the Platform, register your account, or use the various Services of this Platform.
This Platform uses internet technology to facilitate interactive communications among People:
On view of the above, BARQ provides interactive communication Platform to facilitate communication among Users to arrange the delivery of Shipments.
Moreover, for the execution of the delivery, Carrier can choose between any of the Means of Transport. Each of them is subject to specific requirements and prohibitions, as further explained below.
The Service compromise an online Platform through which Members may create listings aimed to send, receive and carry. The Members understand and agree that BARQ is not a party to any agreements, contracts or relationships of any nature, entered into between Parties. Therefore BARQ cannot be liable for the mentioned agreements, contracts or relationships of any nature since the latter is solely an intermediary Platform and its liability can only be derived from the functioning and availability of the Platform.
The Parties acknowledge and agree that, by accessing or using the Platform or by becoming a Member, You point out that You have read, understood and agreed to the Conditions herein. Please read them carefully. By using the Platform and the Service by the Member, it agrees to:
If the User does not accept the Conditions herein, he will not be authorized to use the Platform or the Service.
Furthermore, the Member understands and agrees that his/her relationship with BARQ is limited to being a Member and he/she acts exclusively on his/her own behalf when using the Service. BARQ does not control the Requests, travels, offline activities, the Shipment choice, development and completion, nor the validity, truthfulness or legality of the information published. BARQ is an intermediary Platform which does not provide transport Service and does not act as Carrier. BARQ only facilitates access to the Platform.
Users of this Service agree to refrain from doing anything which create a false impression that they are partners, associates or subsidiary They should not use BARQ’s intellectual or industrial property. Furthermore, they agree to use the Service and the Platform for personal interaction. Not for commercial purposes but for personal use only.
BARQ may modify the Platform or the Conditions, including the Platform Fees. If We modify these Conditions or the Platform Fees, We will post the modifications on the Platform and inform Users of this development. If the Users continue to use the Platform, this implies their acceptance of the modified Conditions.
To have access to the Platform to use the Service, the Users must create an account on the Platform, and become a Member. Users may register to join the Service directly via the Application or the Site as described below.
BARQ will not attempt to review the account of any User to examine the accuracy of data, or the violation of the Conditions herein. The setup of account for any User in BARQ’s Platform is based on his personal information which he submits to BARQ.
Users of the Platform are required to setup user names and passwords to enable the system to recognize the name and identity of each User. This information is confidential and should not be used by third parties even temporarily. Therefore, Users agree herein to keep this confidential information and do not allow anyone to use them. Furthermore, Users should inform BARQ immediately if this information was leaked, stolen, or used by third parties.
Members will be liable for any expenses and damages caused by access to the Platform by a third party who uses the password(s) user name(s) of the Member due to negligence or loss of information.
Members should not provide inaccurate, fraudulent, incomplete information which are considered as a violation of these Conditions. BARQ reserves the right to suspend or remove Member's Account and their access to the Platform.
This Platform was setup to facilitate communications among Users. Therefore, they must acknowledge that they are duly licensed to use this system and fully responsible for complying with Conditions herein. Finally, BARQ is not liable for any violation committed by any User for any regulation pertaining to this Platform.
The Platform and the Service are intended solely for People who are 18 or older and in full possession of their physical and mental capacities. Any participation on the Service, access to or use of the Platform or the Service by anyone under 18 and/or without the full possession of their physical and mental capacities, is expressly prohibited. By participating, accessing or using the Platform or the Service the Members represent and warrant that they are 18 or older and that they are in full possession of their physical and mental capacities.
For the execution of delivery, the Shipper, Carrier and Recipient must be dully registered according to the Conditions herein.
Once registered, the Shipper must carry out a thorough evaluation of the Shipment which he/she is willing to send, in terms of weight and size, price, customs legal restrictions. This evaluation should be carefully carried out to avoid any potential risk which may arise from the execution of the Request.
8.1.2 After the Shipper is convinced that the Shipment can be sent, he must complete the specific form. Where he must do the following:
Concerning the Declared Value and/or the Delivery Fees, the Shipper must accept that it is strictly prohibited to profit in any way from using the Service. Therefore, the Shipper agrees to indicate the fair and market value of the Shipment.
Upon the completion of interactive communication between the Carrier and the Shipper, a Confirmation Code will be generated. This code must be sent to the Recipient for the proper process of the delivery. The Shipper is obliged to keep secret and safe the Confirmation Code secret.
8.2.1 The Carrier is obliged to make available his/her travel details such as flight number, train number to carry out the Shipper's Request.
The Carrier must do the followings:
(i) submit the above information,
(ii) select a potential Shipment to be carried, and
(iii) arrange all the details related to the Shipment with the Shipper. Furthermore, he is required to perform thorough evaluation of the Shipment bearing in mind the existing legal and technical restrictions as explained below. After evaluation, the Carrier reserves the right to reject the Shipment based on the legal limitations, reasons of security or safety, etc.
The Carrier acknowledges that he/she has enough funds to cover the Declared Value.
After the Carrier has accepted the delivery and until he has completed the formal delivery of the Shipment to be delivered at the Destination Point, the Carrier will be obliged to
(i) carry the Shipment with diligence to avoid any potential damage or loss of the Item,
(ii) comply with the instructions given by the Shipper, and
(iii) deliver the Shipment as agreed by the Parties.
After registration, the Recipient will be obliged to arrange a meeting with the Carrier.
Check that the Shipment is intact (e.g., has not been damaged) and provide the Confirmation Code to the Carrier to complete the Service.
If the Shipment does not meet the Recipient's requirements, the latter is not be obliged to provide the Carrier with the Confirmation Code and, hence the Delivery Fees would not be paid to the Carrier.
The Parties acknowledge that in case of cancellation, they will notify BARQ accordingly and agree between them on the terms of returning the Shipment.
The Parties agree that BARQ is an intermediary Platform which does not provide transport Service and does not act as a Shipper, Carrier and Recipient. Therefore, its liability is derived from the functioning and availability of the Platform
Members who are using the Platform agree to be fully and properly informed about all the legal obligations and restrictions of each country (both in the country from which the Shipment is sent and at the Destination Point. Provided that both locations are placed in different countries). In this sense, the Parties shall be bound by, for example but not limited to, all technical and legal obligations and controls imposed by each country or Means of Transport.
The Shipper agrees that the Declared Value of the Shipment to be sent cannot, in any case exceed the amount of (30,000SR) Thirty Thousand Saudi Riyals.
BARQ as an intermediary Platform and has no access to the Shipment. Under no obligations will BARQ be considered as the owner of the Shipment. It has no control over the content, condition, legality or suitability of any Shipment. It has no liability to any Shipment. All Requests will be made and accepted at the Members' risk. Unless explicitly specified otherwise in the Platform, responsibilities are limited to the correct functioning of the Platform and its Service to the interested Parties.
10.1 Non-Delivery of Shipment:
As mentioned above the Carrier will deliver the Shipment with care and diligence. If the Shipment is not delivered according to schedule due to negligence, the Carrier will be liable for damage or loss.
If the non-delivery occurs due to negligence of a third party (e.g., Airline Company, Police or Custom, etc.) liability will be determined on a case by case basis upon investigation carried out by BARQ. In any case, the Carrier must provide official evidence of the above.
If the Carrier cannot make the delivery due to the absence of the Recipient (i.e., if the Recipient did not show up at the Destination Point as planned), the Carrier will hold the Shipment for 7 days. If the Recipient does not claim the Shipment within the above mentioned period, BARQ will demand the Delivery Fees of the Shipment to the Departure Point through BARQ’s Platform.
10.2 Defective Product:
As mentioned above, the Carrier will the deliver the Shipment with care and diligence. If the transported Shipment is damaged due to negligence of the Carrier, then, he will be liable for this damage.
If the damage is made by a third party (e.g., Airline Company) the carrier shall submit a claim to the Airline and claim compensation.
11.1 Delivery Fees and Declared Value
The Parties agree herein that it is strictly prohibited to profit in any way from using the Platform.
The Declared Value, which was stipulated by the Shipper on the Request constitutes the maximum liability of the Carrier's in respect to the delivery of the Shipment. Please note that it is not permitted to transport any Shipment value more than (30,000SR) Thirty Thousand Saudi Riyals. The Parties agree to determine the Declared Value according to the fair and market value of the Shipment. Otherwise, the Parties must take the risk which pertain to the assessment of the Shipment’s value through the Platform.
Credit Cards will be used to pay the Service of BARQ which will be provided when payment is confirmed.
If You want to use Visa Card or Master Card to pay for BARQ’s Service, You will be directed to the appropriate sites which pertain to the payment procedure of the above mentioned Cards. You will be asked to enter full information in the web site such as card number, validity date, and password. When the credit card company is sure that the information you have released is correct, payment will be approved. This procedure is designed to verify your identity and the amount of cash you have in your card. Finally, We should point out that the information you have presented to credit card companies will be treated as confidential in compliance with prevailing laws and regulations.
The price you pay for the Service is the current price you see on the Platform when you made the Request. Although, We are sure that all our prices are accurate, it is possible some mistakes might occur. In this case, We will notify You and tell the actual price. It is up to You to pay the new price or cancel your Request. If We are not able to get in touch with You, We will consider your Request as void.
11.2 Platform’s Fees:
It is agreed herein that the Platform Fees constitute (30%) of the Delivery Fees.
It is possible that some mistakes might occur during the use of the Platform such as the display of wrong prices or the failure of the Platform to transmit messages from one Party to another. In this case, You agree herein to help BARQ to solve these problems and allow it to take the appropriate decisions and actions to rectify these defects.
11.3 Payment requirements:
For the execution of the Service, and the completion of the Request:
After complying with the above conditions, the required fees such as Delivery Fees and the Declared Value of the Shipment will be withhold by through the Platform.
After receiving confirmation that the Shipment was successfully delivered to the Recipient, Parties will receive their amounts. In other words, (i) Delivery Fees will officially deducted from the Shipper’s credit card; and (ii) Delivery Fees will formally transferred to the Carrier’s bank account.
If the delivery of the shipment does not reach the proper destination, the incurring cost will be calculated as follows:
11-4-2 Defective Product:
If a defective Shipment was Delivered due to the negligence of the Carrier, then, the Declared Value of the Shipment will be deducted from the credit card of the Carrier and transferred to the Shipper.
If a Shipment is damaged due to the negligence of a third part such as Airlines Carrier, BARQ will conduct investigation about the causes of this problem after receiving evidence from the Carrier about the causes of this damage.
If all Parties agree to the cancellation of the Request, they must agree to the terms and conditions of this cancellation and notify BARQ about it. BARQ will return the withheld funds to the appropriate Parties.
The Parties agree herein that BARQ is an intermediary Platform which does not provide transport Services, does not act as a Shipper, Carrier and Recipient. Its liability is limited to the functioning and availability of the Platform.
Pursuant to the applicable laws and regulations, each Party has the right to terminate his membership from BARQ’s Platform. However, this right will not be accepted during the delivery of a certain Shipment from one point to another to ensure the continuous interaction among Members to complete the process of the delivery.
Users of the Platform are obliged to use the Services, information and materials of the Platform according to the Conditions herein. No Party is permitted to violate these Conditions or violate any prevailing laws and regulations.
Users are permitted to benefit from the following:
It is prohibited to engage in the following activities:
The User of the Platform is fully liable for any damage which might occur for his failure to comply with the Conditions herein. However, BARQ must ensure that all Users are complying with these Conditions. Furthermore, it is important to prevent Users to use this Platform if they attempt to breach the Conditions herein.
Although BARQ will take necessary measures to protect the Platform from cyber-attacks, hackers, and viruses, It should not declare or guarantee that this Platform is fully protected from cyber-attacks. Furthermore, BARQ is not liable for any damage which occur from these attacks.
To increase trustworthiness, prevent typos and wrong information, BARQ may control and verify the information provided (personal and travel information), by Users. They must give real, accurate information. Wrong, false, or incomplete information will not be acceptable. To ensure that the information provided by Users are accurate, BARQ will ask Users to upload a copy of their Identification Document (e.g., national identification document or passport).
BARQ has the right to deny, reject and/or cancel the account of any User who breach the Conditions herein.
BARQ allows Users to participate in prequalification programs to make sure that they are qualified to use the system in accordance with the Conditions herein. The Users are also encouraged to submit their views in the following topics:
Your opinion, as well as the opinions published by other Users about you, will be published on your personal account which can be viewed by all Users. Please be informed that BARQ has the right to remove any comment/opinion which may be illegal or unacceptable. The Platform may include information or contents provided by Users and external sources. BARQ does not guarantee or accept any liability for, the truthfulness, integrity or exactness of such information and/or contents.
The User hereby agree to permit BARQ to use all data, Pictures, messages, and comments which are published by the User or by a third party if it is connected with the User’s account. Furthermore, the User agrees to permit BARQ to share this data and Pictures with third parties.
17.1 Intellectual and Industrial Property:
All material and information in the Platform are subject to current law on intellectual and/or industrial property. The rights to the material and other elements which appear in the Platform (including drawings, text, graphics, photographs, audio, video, software, distinctive signs, etc.) belong to BARQ or, in some cases, to third parties who have license to transfer these to BARQ.
Access to or browsing in the Platform, use or downloading of material and/or use of the Services by the Users cannot be understood to imply that BARQ or the owner of the rights, as the case may be, waives, transfers or licenses, in whole or in part, the rights indicated above.
Consequently, Users may not delete, avoid or manipulate notifications of author’s rights (“Copyright”) or any other data incorporated into the Service identifying BARQ’s rights or the rights of others, nor delete, avoid or manipulate technical protection devices or any information.
The incorporation, in whole or in part, of any material or elements in the Platform which are not part of this Website is strictly forbidden without prior written approval by the owner of the Website.
References to trading names, trademarks, registered trademarks, logotypes or other distinctive signs, whether they are the properties of BARQ or other companies, imply that such properties cannot be used without the consent of BARQ or their legitimate owners. Unless expressly stated, no one has access to the Platform. Users have no rights to trademarks, logotypes and/or distinctive signs included therein and protected by the law.
All rights to intellectual and industrial properties are reserved, and in particular, the contents, elements and products, as the case may be, included in the Platform may not be modified, attached, copied, reused, exploited in any way, reproduced, transformed, duplicated, subtitled, ceded, sold, hired, lent, publicly communicated, republished on a second or later occasion, incorporated into files, sent by post, transmitted, used, treated or distributed in any way for public or commercial use without express written authorization from BARQ or the owner of the rights, as the case may be.
If an action or default occurs by one of the Users whether deliberate or as a result of his negligence causes damage to BARQ intellectual and industrial property rights or to a third party causing damage, losses, expenses of any nature, sanctions, coercive measures, fines or other payments arising from or derived from any claim, demand, action, lawsuit or process, whether civil, penal or administrative. BARQ shall have the right to take necessary measures to correct this situation by using all legal means at its disposal to claim indemnities, moral damage or damage to its image, consequential damages and lost profits, publicity costs or any other types of cost including lawyers fees and defense cost which might be required to repair the damage.
Furthermore, Members hereby acknowledge that the goods which are sent by the Carrier will comply with the current law on intellectual and/or industrial properties.
17.2 Pictures Uploaded to the Platform:
Members may not publish images which infringe the rights of other parties or applicable law, including illegal, obscene, pornographic, abusive, defamatory, misleading, racist, moral or public order content which promote unlawful, pornographic, abusive, defamatory, misleading, racist or xenophobic activities, or causes discrimination of any physical person. Rude language or insults will not be accepted.
Members should acknowledge the ownership and originality of any of the images uploaded to the Platform. They must also acknowledge that they will not use any content to reproduce, distribute, adapt, copy, attach or place at the disposition of third parties. All Pictures uploaded to the Platform shall be considered to have been ceded to BARQ without charge, for the maximum time permitted and throughout the world, and may be used by BARQ within the limits established by applicable regulations, without obligations to the confidentiality of this information.
Given the enormous quantity of information which can be stored in the Platform, it is impossible for BARQ to verify the originality of the contents submitted by the User or find out if the rights of others have not been infringed; the User is solely responsible for any infringements which may be produced as a result of supplying the information.
BARQ may modify the material provided by the Users to adapt to the formatting requirements of the Platform.
17.3 Pictures Rights:
Members may authorize the processing of their personal data and the transfer of their Pictures rights in the terms which are reflected in these Conditions.
17.4 Links and Hyperlinks to the Site:
If any Member adds his links or hyperlinks to the Platform, he must comply with the conditions below. Ignorance of these Conditions shall not exempt him from liability derived from non-compliance to these Conditions:
BARQ may request, at any time and with no obligation to justify the request, that any link or hyperlink to the Platform be removed and the Person responsible for the website containing the link should eliminate it immediately.
17.5 No other Agreements:
The provisions of these Conditions constitute the entire agreement between You and BARQ in respect to the use of the Platform. These Conditions are valid on the Effective Date of this document. The continuous use of the Site by You after the Effective date constitutes your acceptance of these Conditions.
If the provisions of these Terms are held to be invalid or unenforceable, it may be replaced by as similar terms. However, this will not affect or prejudice the remaining provisions will be unaffected by any clause or provision which are illegal, invalid or unenforceable and shall remain fully in force.
17.6 Governing Law and Jurisdiction:
These Conditions will be governed by the laws applicable in the Shipper's country at the time of the Request for Service.
17.7 Cancellation of Member's Registration:
The User may cancel his registration by sending an e-mail to BARQ who has the right to verify the possibility of violation, debt, or fraud
The maximum insurance policy coverage for any Shipment is 300 US Dollars. The required insurance fees of each Shipment will be displayed on the Platform.
The Shipper must declare if the value of the Shipment exceeds 300 dollars to determine the appropriate insurance fees.
Insurance policy does not cover goods which are confiscated by Custom Authority. The Shipper is liable, in this case, for compensation.
If the Shipper needs to purchase insurance for the value of his Shipment, he must submit his documents to the insurance company for evaluation which might take 15 days.