Terms of Service

Use and Disclaimer

GinaEx is a digital platform for express services, which includes reliable travelers and express freight customers globally. The platform allows travelers to join the GinaEx crew worldwide and take advantage of their vacant weights and spaces by earning encouraging wages. The platform also connects travelers with all GinaEx customers who wish to ship their private and urgent items to destinations previously specified by the travelers at the time of departure, whether it is by road with a private transport vehicle, air, sea, or any other means such as train and public road transport.

1. Use of the GinaEx Application

This application is available for your personal use, and your access and use of it are subject to the terms and conditions of use for local and global smart applications. Your access to and use of it constitutes your unconditional agreement to these terms and conditions, effective from the date of your first use of the GinaEx application. The application aims to enhance communication with the public and provide a wide range of logistical information and services to enrich how services are utilized.

1.1 The use of the GinaEx application includes a number of terms and conditions subject to continuous updates and changes as needed. This agreement applies to all users, and any modification or update to any of these terms and conditions becomes effective upon approval by the administration; thus, you need to continuously review the terms of use and disclaimer principles to be aware of any updates. Your continued use of the GinaEx application signifies your full acknowledgment and acceptance of any modifications to the terms and conditions of use. Note that these terms and conditions include intellectual property rights, and the application management is not required to announce any updates to these terms.

1.2 The terms of use stated here form a legal agreement between you and the GinaEx application and its affiliates. To use the service, you must agree to the terms of use outlined below. By using the mobile application and websites provided by GinaEx, and by downloading, installing, or using any software provided by GinaEx (the "software"), you explicitly acknowledge and agree to be bound by the terms of use, including any future amendments and additions to these terms as published from time to time through the application. By installing the GinaEx application on your mobile device or computer, you unconditionally agree to all the rules, terms, and information published within the GinaEx application itself and on the website, including but not limited to these terms of use, GinaEx's privacy policy, terms of use, and services dedicated to GinaEx, as well as the rules present within the application.

2. Eligibility

2.1 By using the service, you explicitly acknowledge and warrant that you are legally entitled to accept and agree to the terms of use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the service is not available to individuals who are prohibited for any reason from entering into a contractual relationship. By using the service, you also acknowledge and warrant that you have the right, authority, and capacity to use the service and comply with the terms of use. You also affirm that all the information you provide to the GinaEx application must be true and accurate. You undertake that your use of the service is for your personal use only. You agree not to allow others to use your identity or user status, nor may you assign or transfer your user account to any other person or entity. When using the service, you agree to comply with all applicable laws, whether in your country of origin or in the country to which you are traveling or departing from during the use of the service.

2.2 You may only access the service using authorized means. It is your responsibility to verify and ensure that you have downloaded the correct software for your device. GinaEx is not liable if you do not have a compatible device or if you download the incorrect version of the software for your device.

2.3 If you are a carrier, you also represent and warrant that you hold a valid carrier license and all appropriate licenses, approvals, qualifications, and certificates at all times. As a delivery or shipping company, you must immediately notify GinaEx if you cease to hold the aforementioned licenses, approvals, qualifications, and certificates.

3. Usage Restrictions

By using the GinaEx application, you agree that you have read, understood, accepted, and agreed to these terms and conditions. You also agree to the statements or information you have provided, including photos of your identity, tickets, and items to be shipped. If you do not agree to the terms of service or do not comply with them and/or wish to stop using the service, please discontinue using this service. You also acknowledge that you will refrain from the following:

- Providing or uploading files containing software, materials, data, or other information that you do not own or have a license for.

- Providing or uploading files that contain viruses or corrupted data.

- Publishing, advertising, distributing, or circulating materials or information that defame, violate laws, are pornographic, obscene, contrary to Islamic teachings, or public morals, or contain any unlawful materials or information.

- Engaging in unlawful or illegal activities.

- Using any means, software, or procedures to intercept or attempt to intercept the correct operation of the application.

- Transporting prohibited materials according to civil aviation, road, and maritime transport instructions

4. Protection Against Viruses

We make every effort to scan and test the contents, and we advise you always to run antivirus software on all materials downloaded from the Internet. We are not responsible for any loss, interruption, or damage to your data, computer, or any device used for browsing that may occur during connection to the application or identity theft.

5. Limitation of Liability

5.1 The electronic services provided by the GinaEx application online and obtaining information about various entities are provided solely to facilitate procedures and services. You fully acknowledge that internet communications may be subject to interference or interception by third parties, and the portal does not replace information available through official entities, and that requests and administrative procedures can be undertaken directly with the competent authorities. Accordingly, resorting to the application is at your own risk, and we shall not be liable in any way for any loss or damage of any kind you may incur due to your use or reliance on any statement, opinion, advertisement, or any delay in operation or connection failure or issues with accessing the internet or equipment or software failures or conduct. By this, you acknowledge and agree that your exclusive and sole remedy for any damage or loss that may occur due to your access to or use of the application is to refrain from using or accessing it or to discontinue doing so.

5.2 It is your responsibility to verify the identity of the other party, whether the traveler, shipping customers, or the end beneficiary, to ensure that identity data matches the information provided through the GinaEx application. Failure to verify the data results in the forfeiture of the right to claim compensation.

5.3 Inspecting the contents of the shipment and ensuring they are free of prohibited items according to the laws of the departure and arrival countries is the responsibility of the traveler and the shipping customers. Non-compliance with the instructions may expose you to criminal penalties.

5.4 GinaEx and service providers are not responsible for security situations and force majeure events beyond control that may lead to damage, theft, or loss of the shipment or its contents.

5.5 Carriers of shipments must maintain the safety and privacy of transported parcels and items and ensure the delivery service is completed as quickly as possible without damaging the items and materials assigned for transport. Shipping customers have the right to make legal claims against travelers carrying the shipments if there is any damage to the shipment contents.

6. Pricing and Payments

6.1 When a shipping customer accepts the traveler's offer, this constitutes the traveler's intention and offer to enter into a contract with the shipping customer, whereby the traveler will provide the shipping customer with transport service in exchange for the payment of the relevant offered price.

6.2 The GinaEx payment system is one where the traveler proposes a delivery and transport price for the shipment, and the delivery request is confirmed only (and a contract is formed between the customer and the traveler) if the shipping customer accepts the offered price. The traveler can determine the payment method, whether cash or money transfer, and specify the currency.

6.3 You agree that this agreement is subject to all prevailing legal taxes and/or fees and/or charges and/or legal costs, whatever their designation, which may be applicable and concerning any future taxes that may be imposed at any time. You also agree to make every effort to do all that is necessary and required under the relevant laws to enable GinaEx and/or assist and/or defend it to claim or verify any tax credit, set-off, deduction, or refund concerning any taxes paid or payable. Regarding the services provided under this agreement.

6.4 Customs duties and taxes related to shipments are the responsibility of shipping customers, and it is essential to pay the amounts or clear the shipments on a self-effort basis, and GinaEx shall not be responsible for any transactions related to taxes. GinaEx prices do not include customs duties, taxes, clearance fees, or any other applicable import or export fees on the shipment. Shipping customers are responsible for paying the required amounts for those fees to avoid any additional charges that may arise.

6.5 GinaEx may impose fees for using the services. Payment terms are specified. GinaEx may propose changes to fees at any time. When GinaEx does so, it will provide reasonable notice, and your continued use of the application and/or services after the notice period will constitute your acceptance of the updated fees.

6.6 Shipping customers have the right to a refund of the pre-paid amount and request the return of shipment contents if the departure time is changed or delayed for any reason. Travelers (service providers) are responsible for the refund within no more than 24 hours without any liability to GinaEx.

7. Compensation

7.1 You hereby agree not to take any action against GinaEx, its management, and indemnify and hold them harmless from any and all liabilities and responsibilities that may arise in connection with any claim resulting from your breach of these terms and conditions or any applicable laws in your place of residence.

7.2 GinaEx is a technology company, not a provider of transportation and courier services. It is up to third-party service providers to offer these services to you, and it is up to you to accept these services. GinaEx aims to connect you with these service providers but does not intend to provide such services or perform any act that can be interpreted as an act by the service provider.

7.3 GinaEx does not bear any responsibility or liability for the actions and/or omissions of any service provider to you.

8. Restricted Activities

8.1 Regarding your use of GinaEx and your participation in the services, you agree that while using the application or the service, you will not:

A.Fraudulently impersonate any person or entity.

B. Stalk, threaten, or harass any person or carry any weapons.

C. Violate any law, statute, ordinance, or regulation.

D. Post information or interact on GinaEx’s application or services in a false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, vulgar, offensive, sexually-oriented, threatening, harassing, or illegal manner.

E. Use GinaEx’s application or service in a way that infringes on any third party's rights, including but not limited to intellectual property rights, copyright, patents, trademarks, trade secrets, or other proprietary rights or rights of publicity or privacy.

F. Post or transmit any instructions, software, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment or to surreptitiously intercept or expropriate any system, data, or personal information.

G.Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through GinaEx.

H.Modify, adapt, translate, reverse engineer, decompile, disassemble any part of the software used in or for GinaEx.

I.Rent, lease, sell, redistribute, sublicense, or access any portion of GinaEx.

J. Use any robot, spider, site search/retrieval application, or another manual or automatic device or process to retrieve, index, scrape, or "data mine" or in any way reproduce or circumvent the navigational structure or presentation of GinaEx or its contents.

K.Create liability for us or cause us to become subject to regulation as a transportation carrier or provider of taxi services.

L. Link directly or indirectly to any other websites.

M. Transfer or sell your user account, password, and/or identification to any other party.

N. Cause any third party to engage in the restricted activities above.

9. Termination of Use

We may, at our sole discretion, terminate, restrict, or suspend your right to access and use GinaEx without notice for any reason, including violation of these terms and conditions or any conduct that we, at our sole discretion, deem unlawful or harmful to others. In the event of termination, you will no longer be authorized to access GinaEx.

10. Intellectual Property Rights

All materials available in this application, including informational graphics and software (contents), are protected by copyright, trademark, and other forms of proprietary rights. Since one of the primary goals of GinaEx is to increase awareness and enrich the culture of GinaEx users and visitors, personal and non-commercial use of GinaEx content and any information published on it is allowed, provided that GinaEx is cited as the source. On the other hand, you may not sell, license, rent, modify, copy, reproduce, republish, upload, advertise, transmit, distribute, publicly display, edit, or create derivative works from any materials or contents from GinaEx for public or commercial purposes without prior written consent.

11. Delivery Order

11.1 The sender can submit the order using the shipping services icon. The order is registered and delivered by users according to the terms agreed upon, as specified in the system: delivery price, delivery address, parcels, delivery methods, and other terms set by the users.

11.2 By submitting an order on the service, the sender specifies the delivery address (points A and B), the parcel to be delivered, and delivery procedures. Several travelers may respond to the order, offering their own price to fulfill the request. The sender selects the carrier or traveler based on the proposed price, departure trip details, expected delivery date, means of travel, traveler rating, and delivery method (home delivery or recipient presence). The sender will choose the appropriate offer by clicking "Accept." After order acceptance, both parties' contact information will be provided for the purpose of meeting and delivering/receiving the shipment. The sender can also, if desired, track their parcels' location in the mobile application. After the traveler confirms receipt, it is considered that both parties have agreed on all essential delivery terms.

11.3 When filling in the information about the delivery address for the final recipient (including the correct name of the neighborhood, street, and house number), the sender is obligated to verify the accuracy of the specified data.

11.4 The sender is responsible for the completeness, sufficiency, and correctness of the data entered when placing the order. The sender bears the risk of the consequences of incorrectly specifying the information necessary for the order's execution, including those that lead to the impossibility of proper order execution.

11.5 The sender undertakes to ensure the traveler has unobstructed access to the delivery location and to ensure their presence or that of a third party capable of receiving the shipment at the specified delivery address.

11.6 Upon order acceptance, the traveler agrees to inspect the contents of the parcels to ensure compliance with the completed order. You also acknowledge that you will comply with all applicable import and export control laws or customs regulations in your local place of residence or destination. You also agree not to ship any prohibited materials according to the laws of the country from which the items are purchased and to the country to which the item is shipped or any intermediary.

11.7 The sender pays the order's price directly to the traveler by any means agreed upon, either in advance (not exceeding $250) or upon delivery.

11.8 When accepting parcels from the sender, the traveler must:

- Carefully read the contents.

- Request the sender to show the contents and seal the package with you.

- Refuse the parcel if the sender refuses to show the contents.

- Refuse the parcel if the contents seem suspicious or illegal.

- Contact GinaEx if you suspect a violation of current legislation or service rules.

11.9 Service users must not use the service for order or delivery purposes for:

- Documents or other parcels exceeding a value of $500.

- Drugs, psychotropic substances, powerful, toxic, radioactive, explosive sprays, alcoholic materials, and chemicals such as batteries.

- Controlled (prescription) drugs that violate the law.

- Toxic, caustic, flammable, and other hazardous materials, including those under pressure.

- Firearms, pneumatic, gas, cold weapons, and their parts, ammunition, fireworks, signal flares, and cartridges.

- Foreign currency and banknotes.

- Precious metals, gemstones, and products containing them.

- Items and materials that may endanger persons by their nature or packaging, or contaminate or spoil (damage) other goods, persons, or surrounding items.

- Animals, plants, biological materials, and human remains.

- Stolen property and counterfeit goods.

- Firearms, knives, batons, ammunition, explosives, or any vehicles.

- Pornographic or obscene materials.

12. Data Protection

12.1 You agree to GinaEx’s use and processing of your personal data for the purposes and in the manner specified below.

12.2 For the purposes of this agreement, “personal data” means information related to you from which your identity can be recognized, including but not limited to your name, ID card number, address, phone number, credit card details, gender, date of birth, email address, and any information about you that you have provided to GinaEx in registration forms, application forms, or any similar forms, or any information about you that has been or may be collected, stored, used, and processed by GinaEx from time to time, including sensitive personal data.

12.3 Providing your personal data is voluntary. However, if you do not provide GinaEx with your personal data, your access to the application may be incomplete, and GinaEx may not be able to process your personal data for the purposes outlined in our Privacy Policy, potentially hindering your ability to use the service.

12.4 You agree that GinaEx may send you notifications and emails, and communicate with you via phone or text messages (including by automated dialing system) to any of the phone numbers you provide or on your behalf regarding your GinaEx account, including for marketing purposes. You understand that you are not required to provide this consent as a condition for purchasing any property, goods, or services from GinaEx.

12.5 The collection and use of personal data concerning the services are clarified in GinaEx's Privacy Policy.

13. Indemnity

13.1 By agreeing to the Terms of Use and/or using the service, you agree to defend, indemnify, and hold harmless GinaEx and its officers, directors, members, employees, attorneys, agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorney’s fees and costs) arising out of or in connection with: (a) your use of the service and/or software and/or application, your dealings with external transport service providers, third-party service providers, partners, advertisers, and/or sponsors, (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, (c) your violation of any rights of any third party, including external transport providers arranged via the service, or (d) your use or misuse of the service and/or software and/or application.

14. Disclaimer of Warranties

14.1 GINAEX makes no representation or warranty regarding the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of the services. GINAEX does not warrant that (a) the use of the service and/or application and/or software will be secure, timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system, or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other materials purchased or obtained by you through the application will meet your requirements or expectations, (e) errors or defects in the application and/or software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or software will track you or the vehicle used by the transport service provider. The service is provided to you strictly on an “as-is” basis.

14.2 To the maximum extent permitted by applicable law, all conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. GINAEX makes no representation, warranty, or guarantee regarding the reliability, safety, timeliness, quality, suitability, or availability of any services, including third-party transportation services obtained by or from third parties through the use of the service, application, and/or software. You acknowledge and agree that the entire risk arising out of your use of the service and any third-party services, including third-party transportation services, remains solely with you and you will have no recourse whatsoever to GinaEx.

14.3 The service and/or application and/or software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including the device used by you or the third-party transportation service provider being faulty, not connected, out of range, switched off, or not functioning. GinaEx is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

15. Waiver of Class Action

15.1 By voluntarily accepting this agreement, you agree that to the fullest extent permitted by applicable law, any legal actions or arbitration related to this agreement will be conducted solely on an individual basis, and no disputes will be resolved on a class, consolidated, or representative basis.

15.2 Disputes cannot be consolidated without the written consent of all parties. Any decision or ruling by a court or arbitrator will not have preclusive effect on issues or claims regarding any disputes with persons not party to the arbitration.

A. You agree that you cannot bring a claim as a plaintiff or a participant in a class, consolidated, or representative action.

B.Both parties agree that the arbitrator or court cannot consolidate claims of more than one person into a single case, and cannot conduct arbitration or proceedings of a consolidated, class, or representative nature (unless all parties agree to change this provision).

C. Both parties agree that an arbitrator's or court's decision or ruling in the case of a single person's claim can only affect the person who brought that claim and not other persons, and cannot be used to resolve other disputes with other claimants.

16. Termination

16.1 You have the absolute authority to terminate your GinaEx account at any time by contacting care@GinaEx.com. Please refer to our Privacy Policy as well as the terms outlined here to understand how we handle the information you provide to us after you cease using our services.

16.2 GinaEx is also free to terminate (or suspend access to) your use of the services or your account, for any reason in our sole discretion, including breaches of these terms. GinaEx alone will decide whether you are in violation of any of the restrictions set forth in these terms.

17. Jurisdiction

17.1 By this, you agree to exclusively submit to the jurisdictions in your country of residence concerning all claims and disputes arising from your use of GinaEx, noting that Arabic or English will be the official language used to resolve any disputes arising from your use of GinaEx or any of its contents.

17.2 GinaEx may send a notice via the application, email to your email address in the GinaEx records, or written communication by registered mail or prepaid post to your address registered in the GinaEx records. This notice will be considered given 48 hours after it has been sent by mail, or one hour after being sent by email (considered received upon delivery) using the contact details as outlined in the application.

For any inquiries or opinions regarding the terms of privacy and disclaimers, you can contact GinaEx Customer Service Management.