Create new account

 

 

Definitions and Interpretations

 

In these General Terms and Conditions (the “GTC”) and in any document comprising an agreement between Triangle Logistics Company (www.onTrackHub.com), a 3PL Company duly incorporated and registered in Jordan with the registration number 200181504 whose registered office is at 14 Queen Misbah Street holding registration number 200181504 and any other party (the “Customer”), the following terms shall have the definitions ascribed thereto, and shall be interpreted as such unless otherwise is stated or demanded by context:

“Agreement” means the agreement for the provision of the relevant Services that is created by the Customer’s:

 

placement of an order for Services via Triangle Logistic Services (www.onTrackHub.com) Application;

written acceptance of any proposal given by Triangle Logistic Services (www.onTrackHub.com) setting out the details of the Services to be supplied to the Customer; or

order of any Services from Triangle Logistic Services (www.onTrackHub.com) from time to time and in response to which Triangle Logistic Services (www.onTrackHub.com carries out such Service, including, inter alia, through signature of Triangle Logistic Services (www.onTrackHub.com)’s Waybill, or through Triangle Logistic Services (www.onTrackHub.com)’s receipt or collection of a Consignment from the Customer,

the terms of which agreement are deemed to incorporate the terms of Triangle Logistic Services (www.onTrackHub.com)  proposal, these GTC, the terms of any Waybill and/or any other special conditions expressly accepted by Triangle Logistic Services (www.onTrackHub.com) in writing, or notified to the Customer upon the acceptance by Triangle Logistic Services (www.onTrackHub.com) of any order or Consignment, and provided that the agreement will not be otherwise replaced or amendment by any contrary terms and conditions written on any order document or waybill issued by the Customer.

 

“Application” or “Applications” means the mobile web applications through which Services can be booked and are rendered.

 

“Consignee” or “Receiver” means the person or entity specified on the address label of the Waybill as the Customer’s intended recipient of a Consignment.

 

“Consignment” or “Shipment” means any Goods that travel under one Waybill to be delivered to the same Consignee and which may be carried by any means we choose, including air, road, or any other carrier.

 

“Control” means the power (whether directly or indirectly and whether by the ownership of share capital, the possession of voting power, contract or otherwise) to appoint or remove all or such of the members of the board or other governing body of a person as are able to cast a majority of the votes capable of being cast by the members of that board or body on all, or substantially all, matters, or otherwise to control or have the power to control the policies and affairs of that person.

 

“Dangerous Goods” means any Goods classified as hazardous material, dangerous goods, prohibited or restricted articles by the International Air Transport Association (the “IATA”), the International Civil Aviation Organisation (the “ICAO”), the European Road Transport Regulation on Dangerous Goods (the “ADR”), the International Maritime Dangerous Goods (the “IMDG”) code, the United Nations Recommendations on the Transport of Dangerous Goods, or as may be specified from time to time by any applicable government department or other relevant organisation in the Territory.

 

“Delivery Address” means the address for delivery of a Consignment as specified on a Waybill.

 

“Fragile Goods” means any Goods that are, or include components that are, inherently fragile or breakable, and which require special packaging and/or handling to ensure they are not damaged and which Goods include for example, without limitation, electrical Goods, glass, china, ceramics, pottery, stoneware, fossils, antiques and works of art, or such similar materials or Goods.

 

“Goods” means any goods, products, items or parcels.

 

“Non Standard Size” means any Consignment or Goods that do not meet Triangle Logistic Services (www.onTrackHub.com) standard dimensions or weight limits set out in Triangle Logistic Services (www.onTrackHub.com)  Standard Operating Procedures [HAS1] or that otherwise requires special equipment or labour resources in excess of a single person for loading or unloading into onTrackHub’s vehicles

 

“Party” means either Triangle Logistic Services (www.onTrackHub.com) or the Customer, and “Parties” means both Triangle Logistic Services (www.onTrackHub.com) and the Customer collectively.

 

“Profile” means the information used by the User to register an account using Triangle Logistic Services (www.onTrackHub.com) Application and may include, inter alia, name, mobile phone number, and email address.

 

“Service” or “Services” means any and all services to be provided to the Customer by Triangle Logistic Services (www.onTrackHub.com) under an Agreement.

 

“Standard Operating Procedures” or “SOP” [HAS2] means Triangle Logistic Services (www.onTrackHub.com) operating procedures for the relevant Services as supplemented by the industry-accepted standard operating procedures relevant to the Services to the extent Triangle Logistic Services (www.onTrackHub.com)’s operating procedures may be silent.

 

“Stored Goods” means any Goods that are stored in any of Triangle Logistic Services (www.onTrackHub.com) facilities on a temporary basis as part of an existing Consignment or Waybill or otherwise as part of a Warehousing Service Triangle Logistic Services (www.onTrackHub.com) has agreed to provide to the Customer.

 

“Territory” means the territory where Services are rendered.

 

“Unacceptable Goods” means Goods that:

 

are Dangerous Goods;

have no customs declaration where required by applicable customs regulations;

are, or may be: alcohol; counterfeit; animals; bullion; currency; negotiable instruments; currency; stamps; money orders; precious metals or stones; real or imitation firearms, parts thereof; weapons; explosives or ammunition; human remains; pornography; tobacco; or illegal drugs; or are otherwise not permitted by applicable law to be sold or carried within the Territory or any other country in which we provide Services in connection with the Consignment or Goods;

Triangle Logistic Services (www.onTrackHub.com) reasonably decides cannot be stored, handled or carried safely or legally;

are poor or inadequately packaged; or

are fragile Goods without sufficient protective packaging, temperature sensitive or perishable Goods unless Triangle Logistic Services (www.onTrackHub.com) has expressly agreed in writing otherwise to provide Services in respect to such Goods and they are correctly and adequately packaged as required by Triangle Logistic Services (www.onTrackHub.com);

“Users” means all users of the Services, including but not limited to, Customers, Consignees or Receivers and other third party providers.

 

“Value” means, in respect to any Consignment, the lesser of the cost and the market value of such Consignment.

 

“Warehousing Services” means the provision by Triangle Logistic Services (www.onTrackHub.com) of temporary storage space for the Customer’s Goods in Triangle Logistic Services (www.onTrackHub.com)’s facilities, which services may be subject to Triangle Logistic Services (www.onTrackHub.com)’s additional standard terms and conditions for the supply of such services.[HAS3] 

 

“Waybill” means the label, waybill, consignment note or other similar document produced by Triangle Logistic Services (www.onTrackHub.com)’s system, either in physical or digital form, for describing the details of a particular Consignment.

 

“We”, “us”, “our” or “Triangle Logistic Services (www.onTrackHub.com) means a Third-Party Logistics Company or 3PL, a Freight Forwarding Company duly incorporated and registered in Jordan with the registration number 200181504 whose registered office is at 14 Queen Misbah Street, Amman, Jordan.

 

“You”, “your”, “Consignor”, “Merchant”, or “Customer” means the person or entity which engages Triangle Logistic Services (www.onTrackHub.com)  for the provision of certain Services which are the subject of an Agreement.

 

Registration and Provision of Services

Users may be a natural or legal person. In order to access the Applications, all Users are required to register a profile. When registering, Triangle Logistic Services (www.onTrackHub.com)  may ask the User for, inter alia, the following information:

Name.

Mobile number.

Address.

Credit card information.

Email address.

Other information about the User that may contribute to the verification process or provision of the Service, including, inter alia, geographical location information created by the User’s device.

Information listed in Clause 2.1 hereabove is used to establish contact between Users and Triangle Logistic Services (www.onTrackHub.com), to manage the Services, and to take reasonable measures to verify the identity of the Users. Triangle Logistic Services (www.onTrackHub.com) is not responsible for ensuring the accuracy or truthfulness of Users’ stated identities, for the validity of the information entered Triangle Logistic Services (www.onTrackHub.com)’s website or Applications, nor does Triangle Logistic Services (www.onTrackHub.com) make any kind of warranty in that respect, express or implied.

The Services are provided “as is” and availability may vary according to the interplay of supply and demand as well as external factors, such as weather conditions.

Upon the creation of an Agreement, Triangle Logistic Services (www.onTrackHub.com) will provide to the Customer the relevant Services in accordance with the terms of the Agreement and such Services will be provided:

only in the territory; and

in accordance with Triangle Logistic Services (www.onTrackHub.com) SOP as updated from time to time.

The terms of an Agreement may not be varied by any employee of Triangle Logistic Services (www.onTrackHub.com) (especially by any courier that collects a Consignment) other than an expressly authorised representative of Triangle Logistic Services (www.onTrackHub.com)

consignments

The Customer hereby agrees and warrants that:

if the Customer is not the owner of a Consignment or any Goods, or any part of them, then the Customer is the legally authorised agent of the lawful owner(s) of any such Consignment and any Goods and is authorised to enter into an Agreement on behalf of the owner(s);

all Consignments and Goods and their packaging is fit and safe to be handled and carried by Triangle Logistic Services (www.onTrackHub.com)

no Consignment or Goods will exceed any size or weight restrictions which Triangle Logistic Services (www.onTrackHub.com) from time to time specifies;

the Customer’s Consignment does not contain any Unacceptable Goods and that Triangle Logistic Services (www.onTrackHub.com) Triangle Logistic Services (www.onTrackHub.com)shall have no liability (whether caused wilfully, negligently or otherwise) for any loss, damage, mis-delivery, non-delivery or late delivery of Unacceptable Goods; and

the Delivery Address information the Customer provides to Triangle Logistic Services (www.onTrackHub.com) will contain sufficient, and accurate, location information to enable Triangle Logistic Services (www.onTrackHub.com) to complete any delivery within the agreed delivery times and windows for a Consignment.

The Customer hereby agrees:

to supply Triangle Logistic Services (www.onTrackHub.com) with any information which Triangle Logistic Services (www.onTrackHub.com) reasonably requests for the purposes of allowing Triangle Logistic Services (www.onTrackHub.com) to perform its obligations under the Agreement, and the Customer warrants that any information provides by the Customer to Triangle Logistic Services (www.onTrackHub.com) is accurate, proper and in compliance with all applicable laws;

that Triangle Logistic Services (www.onTrackHub.com) shall have no obligation to provide any Services in connection with a Consignment or Goods that, or for which Triangle Logistic Services (www.onTrackHub.com) reasonably believes, comprises any Unacceptable Goods;

that Triangle Logistic Services (www.onTrackHub.com) may open any packaging or Consignments in order to inspect the content of a Consignment to ensure it does not contain any Unacceptable Goods;

that Consignments can only be delivered to physical addresses and cannot be delivered to post office boxes or any non-designated address (other than a digitised government authorised addressing system).

to indemnify Triangle Logistic Services (www.onTrackHub.com) for any cost, loss, expense, damage incurred thereby (including any attorney fees or costs) in connection with the Customer’s provision to Triangle Logistic Services (www.onTrackHub.com) (or Triangle Logistic Services (www.onTrackHub.com)’s receipt) of any Unacceptable Goods or for breach of any of the warranties in this Clause 3; and

that Triangle Logistic Services (www.onTrackHub.com)’s standard transit system is not suitable for carrying Fragile Goods unless Triangle Logistic Services (www.onTrackHub.com) has expressly agreed in writing prior to transit to provide Services in respect to such Goods and they are correctly and adequately packaged to a standard acceptable to Triangle Logistic Services (www.onTrackHub.com), failing which Triangle Logistic Services (www.onTrackHub.com) shall have no liability (however caused, including negligently or otherwise) for any loss, damage, mis-delivery, non-delivery or late delivery of Fragile Goods.

Loading and Unloading

Unless Triangle Logistic Services (www.onTrackHub.com) expressly agrees to or approves otherwise in writing:

if Triangle Logistic Services (www.onTrackHub.com) collects or delivers Consignment to or from the Customer’s facility or premises, then the Customer shall provide appropriate equipment and labour for loading the Consignment; and

if a Consignment is of a Non Standard Size and Triangle Logistic Services (www.onTrackHub.com) expressly agrees in writing to supply Services in relation to such Consignments, then the Customer agrees to pay the relevant additional service charges applicable to the supply of any special equipment and resources necessary for the handling of such Consignments, and until the Customer pays such charges, the Customer agrees that Clause 4.2 below applies.

The Customer agrees:

that any assistance Triangle Logistic Services (www.onTrackHub.com) provide to assist the Customer to load Consignments will be provided at Triangle Logistic Services (www.onTrackHub.com)’s sole discretion and shall be at the Customer’s sole risk, and that Triangle Logistic Services (www.onTrackHub.com) will as such not be liable for any damage caused (whether negligently or otherwise);

that Triangle Logistic Services (www.onTrackHub.com) shall have no liability whatsoever (including in negligence or otherwise) for any loss, damage, mis-delivery, non-delivery or late delivery of any Non Standard Size Consignments; and

to indemnify Triangle Logistic Services (www.onTrackHub.com) and keep them indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments that we suffer as a result of the provision of such assistance.

Transit

The Customer must complete, in relation to each Consignment, the Waybill and address label (the ”Address Label”) for such Consignment as specified by Triangle Logistic Services (www.onTrackHub.com) from time to time. The Customer must, if and when needed, affix an Address Label to each Consignment.

Transit shall begin when Triangle Logistic Services (www.onTrackHub.com) accepts a Consignment for delivery. At the Customer’s request, Triangle Logistic Services (www.onTrackHub.com) shall sign a document acknowledging receipt of a Consignment. Such document will not, regardless of its terms, be evidence of the condition, nature, quantity or weight of the Consignment when delivered to Triangle Logistic Services (www.onTrackHub.com).

Transit ends upon actualisation of any of the following:

Delivery of the Consignment to the Delivery Address (including in accordance with Clause 6.1 hereunder); or

5 days after the Consignee is notified (whether in writing – including SMS – or orally) that Triangle Logistic Services (www.onTrackHub.com) has made an unsuccessful attempt to contact and/or deliver the Consignment and that the Consignment is available for collection from Triangle Logistic Services (www.onTrackHub.com) subject to extensions agreed with the Customer up to a maximum of 7 days.

Transit may occur using any means of transport and by any route Triangle Logistic Services (www.onTrackHub.com) deems fit.

Delivery

Triangle Logistic Services (www.onTrackHub.com) shall deliver Consignments as follows:

Unless expressly requested by the Customer, to a Delivery Address only after contacting the Consignee for a delivery confirmation, subject to the provisions of the SOP or the terms of the Agreement applicable to such confirmations, or if there is none, a maximum of 3 calls and/or SMS and if unsuccessful after 2 consecutive days of follow up limited to 2 calls and 1 SMS per day, after which if the Consignee remains uncontactable or unavailable, Triangle Logistic Services (www.onTrackHub.com) shall refer to the Customer for instructions but subject always to Clause 5.3 hereabove.

To the Consignee of their authorised recipient. An authorised recipient for such purposes shall be a person who the Consignee identified to Triangle Logistic Services (www.onTrackHub.com) as being authorised to receive o the Consignee’s behalf, or such person at the Delivery Address reasonably identified or identifiable as being so authorised.

Except to the extent expressly agreed otherwise in an Agreement, the Customer must select and pre-book with Triangle Logistic Services (www.onTrackHub.com) a delivery service option specifying when the Consignment is to be delivered.

Subject to Clause 22.1 hereunder, the following shall apply:

On-demand delivery of Consignments shall be available in certain regions with the Territory and is as such applicable in relation to deliveries of Consignments within the region from which such Consignments originate.

Same day delivery of Consignments, whereby delivery of Consignments is completed on the same day of the Customer ordering them, shall be available in certain regions with the Territory and is as such applicable in relation to deliveries of Consignments within the region from which such Consignments originate. This is subject to the following:

same day delivery must be books and confirmed with Triangle Logistic Services (www.onTrackHub.com) before 12pm on the day on which delivery is to take place;

must be ready with all relevant documentation for collection by 2pm on the day on which delivery is to take place; and

shall be subject to a delivery period as specified in Triangle Logistic Services (www.onTrackHub.com)’s proposal. If no such period if provided, then delivery shall be completed on its scheduled day (the same day as the order) on or before 10pm.

Next day delivery of Consignments must be booked and confirmed with Triangle Logistic Services (www.onTrackHub.com) no later than 2pm , and must be ready for collection or received at Triangle Logistic Services (www.onTrackHub.com)’s facility by 5pm on the day before the required delivery day. Next day delivery shall be subject to the delivery period specified in Triangle Logistic Services (www.onTrackHub.com)’s proposal. If no such period is provided, then delivery shall be completed within 24 hours of collection of the Consignments by Triangle Logistic Services (www.onTrackHub.com), subject to the following:

Friday and public holiday deliveries must be booked and confirmed with Triangle Logistic Services (www.onTrackHub.com) at least 48 hours in advance.

The Customer shall be liable to pay delivery fees for any delivery attempts, including unsuccessful ones, made on Friday.

Subject to the requirements specified under Clause 6.3 hereabove Triangle Logistic Services (www.onTrackHub.com) shall use and undertake reasonable endeavours to deliver in accordance with its delivery windows as booked by the Customer in relation to a Consignment. However and for such purposes, time shall not be of the essence and Triangle Logistic Services (www.onTrackHub.com) shall not be held to be in breach of an Agreement or any other agreement if a Consignment is not delivered within its respective delivery window.

Subject to Clause 6.3(c)(ii) above, the Customer shall be charged and liable to pay an additional fee upon a second failed attempt to deliver a Consignment thereto by Triangle Logistic Services (www.onTrackHub.com), such fee additionally applying in relation to any further failed delivery attempts as such, or any attempts to return the Consignment to the Customer, whether successful or not.

If the Customer or a Consignee cancels a delivery of a Consignment:

Before the Consignment has been scheduled for delivery by Triangle Logistic Services (www.onTrackHub.com), then no delivery charge shall be applied in relation to that respective order.

After the Consignment has been scheduled for delivery by Triangle Logistic Services (www.onTrackHub.com), then an attempted delivery charge shall be applied to that respective order, in addition to any other applicable fees and charges pertaining thereto.

At the Customer’s request within 14 days of the date of delivery of a Consignment, Triangle Logistic Services (www.onTrackHub.com) shall use and undertake all reasonable endeavours to provide proof of delivery of such Consignment, provided that the provision of such proof shall not constitute a condition to payment. Triangle Logistic Services (www.onTrackHub.com) may at its discretion impose a charge against the Customer for providing the Customer with a proof of delivery outside the 14-day period mentioned herein.

Triangle Logistic Services (www.onTrackHub.com)’s records shall be deemed to constitute conclusive evidence that a Consignment has been delivered to a Consignee or returned to the Customer, including in cases whereby a person refuses to sign for or accept such Consignment.

Undeliverable Consignments

If:

the Consignment is, or is deemed by Triangle Logistic Services (www.onTrackHub.com) to be, Unacceptable Goods;

the Consignee cannot be reasonably identified or located; or

the Consignee refused delivery of or payment for the Consignment,

then, subject to the terms of the applicable SPO, Triangle Logistic Services (www.onTrackHub.com) shall return the Consignment to the Customer at the Customer’s cost (which in the case of Unacceptable Goods, may include a requirement for the Customer to collect the Consignment from Triangle Logistic Services (www.onTrackHub.com)’s facility). If the Customer refuses to accept or is otherwise unable to receive the Consignment, then it may be released, disposed of or sold by Triangle Logistic Services (www.onTrackHub.com) without incurring any liability whatsoever against the Customer or any other person, and the proceeds in such a case shall be applied against any Triangle Logistic Services (www.onTrackHub.com) Service charges and related administrative costs, and any remaining balance of the proceeds of a sale shall be remitted to the Customer as soon as reasonably possible. Triangle Logistic Services (www.onTrackHub.com)’s remittance of any remaining balance of the proceeds of sale shall discharge Triangle Logistic Services (www.onTrackHub.com) from any and all liabilities towards the Customer in respect of the relevant Consignment and its carriage and storage.

Payment

The Customer must pay Triangle Logistic Services (www.onTrackHub.com) all due fees and charges for Services rendered under or in connection with the Agreement upon creating an order, unless otherwise agreed in an Agreement.

Unless otherwise specified in an Agreement or in Triangle Logistic Services (www.onTrackHub.com)’s Applications, all Triangle Logistic Services (www.onTrackHub.com) fees and charges are expressed exclusive of any applicable value added taxes or other government or municipal tariffs, which amounts, are chargeable and payable by the Customer in addition to the fees and charges.

The calculation of Triangle Logistic Services (www.onTrackHub.com)’s fees and charges for the Services is by reference to the terms and rates in the Agreement and any other relevant rates and methods under the SOPs applicable to the Service.

Triangle Logistic Services (www.onTrackHub.com) accepts payment by Visa or MasterCard debit cards, credit cards, Apple Pay, PayPal, and cash for the Service. Customers will receive confirmation of payment via email to the address registered on their Profile.

If the Customer does not pay any sum payable to Triangle Logistic Services (www.onTrackHub.com) on its respective payment date, then, without prejudice to any other rights which may be enjoyed by Triangle Logistic Services (www.onTrackHub.com):

Triangle Logistic Services (www.onTrackHub.com) may charge, and the Customer must pay, interest upon such sum from the due date until payment is made in full, both before and after any judgment, at a rate of 2 per cent per month;

Triangle Logistic Services (www.onTrackHub.com) may recover its costs and expenses arising from the collection of amounts under this Clause 8.5, and in this respect the Customer hereby indemnifies Triangle Logistic Services (www.onTrackHub.com) for any such costs, which include, inter alia, attorney fees and court costs;

Triangle Logistic Services (www.onTrackHub.com) may suspend delivery of the Consignments of any Customer defaulting as under this Clause 8.5 until the outstanding amounts are duly paid to Triangle Logistic Services (www.onTrackHub.com);

any sums unpaid by the Customer shall, regardless of whether or not an invoice therefor has been issued by Triangle Logistic Services (www.onTrackHub.com) or whether they are due to be paid in the future, become immediately payable to Triangle Logistic Services (www.onTrackHub.com); and

Triangle Logistic Services (www.onTrackHub.com) may recover any sums payable under this Clause 8.5 by deducting them from any security provided in its favour by the Customer, or from other monies paid to Triangle Logistic Services (www.onTrackHub.com) by the Customer or a Consignee in relation thereto, including, inter alia, deductions from any amounts Triangle Logistic Services (www.onTrackHub.com) holds for COD or CardOD payments.

With respect to any payment under an Agreement, the Customer must ensure that the net amount actually received by Triangle Logistic Services (www.onTrackHub.com) corresponds to the amount invoiced, and in this context any bank wiring fees, credit card fees, taxes or similar costs is the Customer’s responsibility and is to the Customer’s account.

If any of the Services provided to the Customer require additional work or services not expressly set out in an Agreement, then Triangle Logistic Services (www.onTrackHub.com) shall provide the Customer with a revised or new proposal setting out the additional pricing for such additional services.

All payments due from the Customer under or in connection with an Agreement must be made without deduction whether by way of counterclaim, set-off or otherwise unless the Customer has a valid court order requiring an amount equal to the deduction to be paid by Triangle Logistic Services (www.onTrackHub.com).

The Customer must notify Triangle Logistic Services (www.onTrackHub.com) of any change in the Customer’s name, address or other circumstances that may affect the payment of any charges at least 50 days in advance of the date of the change.

Triangle Logistic Services (www.onTrackHub.com) reserves the right at any time or as a condition precedent to acceptance of any Consignment to require reasonable credit security and assurances from the Customer including, inter alia, a security deposit or check, bank guarantee, unconditional confirmed letters of credit (based on our required form) or other financial security issued by a third party acceptable to Triangle Logistic Services (www.onTrackHub.com).

Triangle Logistic Services (www.onTrackHub.com) may make promotional offers with varying features and varying rates to any User at our sole and absolute discretion.

Refund Policy

Triangle Logistic Services (www.onTrackHub.com) shall refund all charges related to potential technical errors in the Applications, if the error resulted in the Service not being rendered.

A refund request that is not related to a technical error in the Applications may only take the form of a credit note. A person requesting refunds should email Triangle Logistic Services (www.onTrackHub.com) at [t.hadi@onTrackHub.com], stating the problem and any other relevant information. In the Customer’s claim, please include an explanation and reasons for a refund and the relevant order’s information.

Refunds are issued at the sole discretion of Triangle Logistic Services (www.onTrackHub.com)’s management within a thirty (30) day period after the date of the order. Refunds will be made through the original mode of payment, with the exception of cash payments, which will be refunded through a bank transfer.

User Representations, Warranties and Agreements

The Customer shall be able to access the Services using the Applications or other specifically authorized means. It is the Customer’s responsibility to ensure download of the correct Application for the relevant mobile phone, tablet, or similar device. Triangle Logistic Services (www.onTrackHub.com) is not liable if the Customer does not have a compatible device or if you has downloaded the wrong version of the Application.

By using the Services and the Applications, the Customer expressly represents and warrants that:

the Customer is legally entitled and has all the rights, authority and capacity to enter into the Agreement and to fully comply with its provisions;

the data the Customer provides for the registration of the Customer’s account is true, accurate, and complete;

the Customer shall keep secure and confidential the Customer’s User account password or any identification provide thereto by Triangle Logistic Services (www.onTrackHub.com) with which grants the Customer access to Triangle Logistic Services (www.onTrackHub.com)’s Applications and/or Services;

the Customer shall not represent themselves to be an agent, representative, employee, or affiliate of Triangle Logistic Services (www.onTrackHub.com);

the Customer shall only use the Services and/or the Applications in accordance with the Applicable Laws;

the Customer shall not authorise other persons to use their Triangle Logistic Services (www.onTrackHub.com) account, and the Customer shall not assign or otherwise transfer their User account to any other person or entity;

the Customer shall not in any way copy, reproduce, or distribute any material provided by Triangle Logistic Services (www.onTrackHub.com), including the Applications, Services, texts, graphics, images, music, software, audio, videos (the “Content”) without the express written consent of Triangle Logistic Services (www.onTrackHub.com);

the Customer shall not assist any third party in breaching any of the above provisions; and

the Customer shall inform Triangle Logistic Services (www.onTrackHub.com) of any unauthorized use of the Customer’s credentials or violation of their confidentiality promptly upon becoming aware thereof.

General exclusions of liability

Triangle Logistic Services (www.onTrackHub.com) will not be liable to the Customer under or in connection with these General Terms, any Agreement emanating from the same, or in connection with the provision of the Services, including, without limitation, for any loss, damage, mis-delivery, non-delivery or delayed delivery of any Consignment which occurs as a direct or indirect result of:

the Customers, or the Customers’ employee’s or agents’, acts and omissions, nor their breach of Agreement, negligence, misstatement or misrepresentation;

any inherent liability to wastage, latent or inherent defect, vice or natural deterioration or electrical or magnetic derangement of the Consignment;

the Consignment being insufficiently or improperly packaged; or

the Consignment being incorrectly or insufficiently addressed or labelled.

withstanding any provisions to the contrary contained elsewhere or in the Agreement, and subject to clauses 11.3 and 11.4, Triangle Logistic Services (www.onTrackHub.com) (and Triangle Logistic Services (www.onTrackHub.com) ‘s Affiliates) shall not liable be to the Customer or the Customer’s Affiliates for any special, indirect, consequential, exemplary or incidental damages, loss of profits, loss of opportunity, loss of data, loss of privacy, loss of security, loss of revenues or loss, damages, compensation, penalties or fines arising from any loss of use, howsoever arising under or in connection with the Agreement or the Services and whether or not we contemplated, perceived, should’ve foreseen or were advised of the possibility of any such consequence, loss, damage, compensation, penalty or fine and whether the liability is based in contract, tort, negligence, equity, indemnity, statute or on any other legal and/or commercial basis.

Notwithstanding any provisions to the contrary contained herein, our liability for fraud, or death or personal injury resulting from our negligence, is limited to the extent permitted by the laws and regulations of the Territory.

Notwithstanding any provisions to the contrary contained elsewhere or in the Agreement, Triangle Logistic Services (www.onTrackHub.com)’s liability in respect of any Consignment to the Customer shall in no event be greater than the liability contractually committed between the Customer and any third-party beneficiary.

Triangle Logistic Services (www.onTrackHub.com) are not liable for any loss, mis-delivery, non-delivery, delayed delivery of or damage to a Consignment or otherwise for any failure or delay in performance of Triangle Logistic Services (www.onTrackHub.com)’s obligations under an Agreement due to any event beyond Triangle Logistic Services (www.onTrackHub.com)’s reasonable control including, without limitation:

delay or cancellation of ferries, flights or railway transport or scheduled trucking;

failure by a Consignee to accept or otherwise be available for accepting delivery of a Consignment;

delays in or refusal of customs clearance;

act of God, war, riot, civil commotion, malicious damage or blockades, strikes, lockouts or other industrial disputes (whether involving our workforce or that of a third party) compliance with any law or governmental order, rule, regulation or direction seizure under legal process, national emergencies, fire, flood, tempest or storm, accident, pandemics, breakdown of plant or machinery default of supplies (including, without limitation fuel) or sub-contractors; and

any other force majeure event as per the applicable laws and regulations of the Territory or any other relevant jurisdiction in relation to conducting the Services.

Claims

Triangle Logistic Services (www.onTrackHub.com) shall not be liable (whether in negligence or otherwise) for loss or damage under or in connection with these General Terms and Conditions or the Agreement or in connection with the provision of the Services, including, without limitation, damage to Consignments or loss, mis-delivery or non-delivery of any Consignment (or any part thereof), unless the Customer notifies Triangle Logistic Services (www.onTrackHub.com) (other than upon any delivery document):

As soon as practicably possible of the same, in respect to delivered Consignments, within:

Five (5) days from the date of delivery if the proof of delivery has been duly signed and stating that the Consignment has been received in good condition; and

Seven (7) days from the date of delivery (or the due date for delivery if the whole Consignment has been lost or mis-delivered), in all other cases, and to send a written claim against Triangle Logistic Services (www.onTrackHub.com) within twenty-one (21) days from the date of delivery or the due date of delivery (as applicable); or

subject to clause 12.1.1 (a), of the Customers claim in respect of Goods stored during Warehousing Services, within fourteen (14) days from the date that the Customer become aware, or are notified by Triangle Logistic Services (www.onTrackHub.com), of the damage.

Notwithstanding any provisions to the contrary in these General Terms or in an Agreement each Party agrees that:

it will not make any claim or bring any legal action under or in connection with these General Terms or an Agreement following a period of twelve (12) months from the date wherein transit commences; and

it waives any right to make any such claim or bring any action; and

it must ensure its Affiliates do not bring any such claim or action after that period.

No claim shall be made on any grounds whatsoever against

any of Triangle Logistic Services (www.onTrackHub.com)’s officers, employees, advisors or servants, or

any of Triangle Logistic Services (www.onTrackHub.com)’s parent companies, subsidiaries or associated companies.

which seeks to impose upon the Customer any liability in connection with these General Terms or an Agreement or the Services undertaken by Triangle Logistic Services (www.onTrackHub.com).

Extended liability option

Prior to commencing the Services conducted by Triangle Logistic Services (www.onTrackHub.com), the Customer may request an increase in Triangle Logistic Services (www.onTrackHub.com)’s liability under clause 14 pursuant to the extended cover option (“Extended Cover”). If this is agreed upon by Triangle Logistic Services (www.onTrackHub.com), the Extended Cover shall be made available to the Customer in units of [*] [TS4] (each a “unit” of Extended Cover) up to a maximum of ten (10) units per Consignment subject to the pre-payment of the fee under clause 13.2.

Triangle Logistic Services (www.onTrackHub.com) do not provide insurance coverage for Consignments and the Customer shall not receive an insurance policy if the Extended Cover applies. For any Extended Cover, there shall be an administration fee of [*] [TS5] per unit of Extended Cover.

Limitation of liability

Triangle Logistic Services (www.onTrackHub.com)’s sole and maximum liability under or in connection with these General Terms or an Agreement or in connection with the provision of the Services, including, without limitation, arising from or in connection with any delay, loss, damage, mis-delivery or non-delivery of any Consignment whether caused negligently or otherwise, is limited to the lesser of:

the Value of the Consignment, in whole or in part, which has been lost, mis-delivered or damaged;

in the event of damaged Goods within a Consignment, the cost of repairing the damage; and

the sum determined by either clause 14.2 or 14.3.

With regards to any Consignment wherein the Extended Cover pursuant to clause 13 has not been utilised, the applicable sum for the purpose of clause 14.1.3 is an amount equal to the lesser of [*] [TS6] per kilogram of the gross weight of the said Consignment or the part of such Consignment which has been lost, mis-delivered or damaged; and [*].[TS7] 

With regards to any Consignment wherein the Extended Cover pursuant to clause 13 has been utilised, the applicable sum for the purpose of clause 14.1.3shall be an amount equal to the total value of the units of Extended Cover purchased for the said Consignment.

If applicable, Triangle Logistic Services (www.onTrackHub.com) shall use reasonable endeavours to find any cheque which forms part of a Consignment and which is actually lost, provided that our liability for such loss will be limited to the lesser of the cost of cancelling and reissuing any such cheque and [*][TS8] .

In the event that the there is a transit for the Consignment, whether by water, rail or air, Triangle Logistic Services (www.onTrackHub.com)’s liability for any loss of or damage to the Consignment during the said period of transit shall not exceed the liability of the carrier providing the water, rail or air carriage to Triangle Logistic Services (www.onTrackHub.com).

Any Consignment, which has a Value of less than [*], [TS9] is carried at the Customer’s risk and Triangle Logistic Services (www.onTrackHub.com) shall have no liability for any loss, mis-delivery or non-delivery of or damage to any such Consignment.

Shock labels or any such similar devices designed to indicate whether a Consignment has been subject to treatment likely to cause damage to the same are not accepted as proof of damage caused by Triangle Logistic Services (www.onTrackHub.com) to any Consignment.

In the event of any loss of, damage to, or mis-delivery of a Consignment, the Customer shall have the burden of proof to evidence the value of the Consignment subject to the claim. Triangle Logistic Services (www.onTrackHub.com) shall not disburse a claim, without reasonable proof of the Consignment’s replacement value or documentation verifying the repair cost of the Consignment.

Lien

Triangle Logistic Services (www.onTrackHub.com) have an unconditional, nonrevocable, general and particular lien over all Consignments for all monies owed by the Customer to Triangle Logistic Services (www.onTrackHub.com). In the event that any lien is not satisfied within seven (7) days of Triangle Logistic Services (www.onTrackHub.com) notifying the Customer of its exercise, Triangle Logistic Services (www.onTrackHub.com) shall have the right to sell the Consignment in their capacity as the Customer’s agent.

Triangle Logistic Services (www.onTrackHub.com) shall following the sale of the Consignment, tender the sale proceeds to the Customer after deducting all monies owing from the Customer, in addition to any and all expenses or charges incurred during the course of affecting the sale. Once the same is conducted Triangle Logistic Services (www.onTrackHub.com) shall have no further liability to the Customer for the Consignment.

Cash management

If the chosen method of payment for a Consignment is cash-on-delivery (“COD”) then such cash as specified in the Customers invoice shall be collected by Triangle Logistic Services (www.onTrackHub.com) upon delivery of the Consignment and is offered as one of Triangle Logistic Services (www.onTrackHub.com)’s specified Services, wherein the supply of such Services carry additional fees as set out in an Agreement.

The COD Service shall be carried out in accordance with our relevant SOP.

Notwithstanding the Customer specifying using COD Service, Triangle Logistic Services (www.onTrackHub.com) shall have absolute discretion to offer the Consignee the option to pay for the Consignment by credit or debit card (“CardOD”) using our payment processing method and point of sale tools, whereby the Customer agree and acknowledge that:

Triangle Logistic Services (www.onTrackHub.com) shall use their own account and payment facility for this payment option and the Consignee shall be required to pay the Consignment invoiced price directly to Triangle Logistic Services (www.onTrackHub.com). The Customer shall appoint us as their payment collection agent for this said purpose;

Triangle Logistic Services (www.onTrackHub.com) shall deduct their CardOD transaction fees as set out in the Agreement and calculated against the Consignment invoiced amount, and remit the net amounts to the Customer (together with any COD amounts) every (*) [TS10] and otherwise in accordance with our SOP;

In the event that a Consignment is returned by the Consignee to the Customer via our return collection Service then Triangle Logistic Services (www.onTrackHub.com) shall reverse the CardOD transaction through Triangle Logistic Services (www.onTrackHub.com)’s payment processing portal provider and this shall be charged back to the Customer during the next available COD cycle, subject to any additional transaction fees Triangle Logistic Services (www.onTrackHub.com) may charge as set out in the Agreement; and

Triangle Logistic Services (www.onTrackHub.com) shall bear no responsibility for any fees, charges or exchange rate differences the Consignee may incur with their bank for using the CardOD option, nor do Triangle Logistic Services (www.onTrackHub.com) have any responsibility or liability in connection with any other disputes or claims from the Consignee in connection with such payment option, including the returns and reversal of payments, additional fees, charges or exchange rate differences the Consignee may incur due to such method of payment or reversal. Additionally, the Customer shall indemnify Triangle Logistic Services (www.onTrackHub.com) and hold them harmless in relation to any claims, actions, cost, expense, loss or damages that Triangle Logistic Services (www.onTrackHub.com) may incur as a result of any such dispute raised or claim made against Triangle Logistic Services (www.onTrackHub.com).

All payments made by Triangle Logistic Services (www.onTrackHub.com) to the Customer shall be made after deducting any applicable currency exchange fees, bank transfer fees and similar costs.

Compliance with laws

The Customer shall agree and acknowledge that it is their responsibility to ensure and warrant that, all Goods within a Consignment comply with all applicable laws and regulations at all points in the delivery chain, in all Territories, and that all authorizations or licenses necessary for the sale and transit of such Goods have been obtained. In no event shall Triangle Logistic Services (www.onTrackHub.com) be held liable for the consequences of any failure by the Customer to ensure compliance with applicable laws.

The Customer shall indemnify Triangle Logistic Services (www.onTrackHub.com) for all costs, including but not limited to legal costs, expenses, damages, losses or fines incurred by Triangle Logistic Services (www.onTrackHub.com) arising from or in connection with the Customers breach of this clause.

Sanctions and export laws

The Customer shall be responsible for ensuring compliance with any and all applicable laws, regulations, rules, orders and other requirements relating to export control, economic sanctions, embargoes and sectoral sanctions of the United States, the European Union and its member states, the United Nations, and other governments having jurisdiction (together hereinafter referred to as the “Sanctions and Export Laws”). The Customer shall also represent and warrant that each and every order placed by the Customer using Triangle Logistic Services (www.onTrackHub.com)’s Services shall not prohibited, and would not subject Triangle Logistic Services (www.onTrackHub.com)’s Delivery to sanction, and that it does not require specific prior government authorization or approvals, under any and all Sanctions and Export Laws, and in the event that any prior government authorization is required, that the Customer has obtained the said authorization and provided Triangle Logistic Services (www.onTrackHub.com) with a copy of the same.

The Customer shall indemnify Triangle Logistic Services (www.onTrackHub.com) and hold Triangle Logistic Services (www.onTrackHub.com) harmless from and against any and all claims, demands, actions, suits, proceedings, investigations, judgments, orders, losses, damages, liabilities, fines, penalties, costs, and expenses, including but not limited to attorney’s fees, suffered or incurred by Triangle Logistic Services (www.onTrackHub.com) and arising out of, resulting from, or related to: 

any non-declaration or illegal, inaccurate, and/or inadequate declaration by or caused by the Customer, their directors, officers, employees, agents, representatives or any other similar party; and

any actual or alleged violation of any Sanctions and Export Laws (whether intentional or unintentional) by or caused by the Customer, their directors, officers, employees, agents, representatives or any other similar party.

 

Suspension and termination

In addition to Triangle Logistic Services (www.onTrackHub.com)’s other rights set out in these General Terms or in an Agreement, Triangle Logistic Services (www.onTrackHub.com) may suspend the performance of or terminate the Agreement by notice to the Customer if:

The Customer breaches these General Terms and fails to remedy the said breach to the satisfaction of Triangle Logistic Services (www.onTrackHub.com) within seven (7) days from the date of written notice of breach;

The Customer breaches any of the terms of the Agreement and fails to remedy such breach to the satisfaction of Triangle Logistic Services (www.onTrackHub.com) within seven (7) days from the date of written notice of breach;

The Customer breaches any applicable law, regulation or other relevant legislation in any Territory;

The Customer fails to pay us any fees or commissions pursuant to these General Terms or an Agreement when the payment accrues, in accordance with the terms of the Agreement and in the event of such failure, the Customer fails to remedy such breach within seven (7) days from the date of written notice of breach; or

The Customer:

stops or suspends or threatens to stop or suspend, payment of all or any class of the Customers debts; or

is, or states that they are, or are deemed by law to be, unable to pay their debts as and when they fall due; or

has a properly and validly instituted order, action or proceeding for winding up or dissolution or resolve to wind up or otherwise dissolve the entity; or

The Customer enters into an arrangement, compromise or composition with or assignment for the benefit of any of their creditors; or

The Customer has an administrator, controller, receiver, receiver and manager, liquidator, provisional liquidator or similar officer appointed over any of their assets; or

In the event that the Customer is an individual, if the Customer dies, becomes bankrupt or makes a compromise or composition with or assignment of their property in favour of creditors.

If Triangle Logistic Services (www.onTrackHub.com) suspend or terminate the Agreement under clause 19.1, payment for all Services provided by Triangle Logistic Services (www.onTrackHub.com) up to the date of such suspension or termination becomes immediately due and payable, despite any credit arrangements or facilities previously granted to the Customer. Triangle Logistic Services (www.onTrackHub.com) may also retain any security given to Triangle Logistic Services (www.onTrackHub.com) or other monies paid to Triangle Logistic Services (www.onTrackHub.com) under COD or CardOD payments and apply it against the assessed amounts outstanding, as well as toward any other loss or damages incurred by Triangle Logistic Services (www.onTrackHub.com) as a result of the suspension or termination.

Any action taken by Triangle Logistic Services (www.onTrackHub.com) under this clause 19 does not invalidate or nullify the Agreement or prejudice any of Triangle Logistic Services (www.onTrackHub.com)’s rights, powers and remedies, whether under the Agreement, legislation in the Territory or otherwise.

Any termination of these General Terms or the Agreement (in all events) is without prejudice to any other rights or remedies a Party may be entitled to under this Agreement and will not affect any accrued rights or liabilities of either Party.

Triangle Logistic Services (www.onTrackHub.com) may terminate these General Terms or an Agreement at any time by giving you thirty (30) days’ written notice.

International deliveries

If the Convention on the Contract for the International Carriage of Goods by Road (CMR) applies to the delivery of any Consignment or provision of the Services by Triangle Logistic Services (www.onTrackHub.com) then:

if any provision of the Agreement conflicts with any provision of the CMR, the provisions of the CMR shall take precedence and supersede the same; and

the liability of Triangle Logistic Services (www.onTrackHub.com) for loss of or damage to or late delivery of a Consignment shall be governed by and limited in accordance with the CMR.

If the Warsaw Convention of 1929 (hereinafter referred to as the “Warsaw Convention”) as amended at the Hague in 1955 (hereinafter referred to as the “Hague Amendment”) applies to the delivery of any Consignment by Triangle Logistic Services (www.onTrackHub.com) then:

If any provision of the Agreement conflicts with any provision of the Warsaw Convention or the Hague Amendment (as applicable) the provisions of the Warsaw Convention or the Hague Amendment (as applicable) shall take precedence and supersede the same; and

Triangle Logistic Services (www.onTrackHub.com)’s liability for loss of or damage to a Consignment or late delivery of a Consignment shall be governed by and limited in accordance with the Warsaw Convention or the Hague Amendment (as applicable).

If a Consignment is being exported, the Customer must supply correct and complete documentation required for customs clearance at the commencement of transit.

The Customer must indemnify Triangle Logistic Services (www.onTrackHub.com) against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which Triangle Logistic Services (www.onTrackHub.com) suffer as a result of:

The Customer failing to provide Triangle Logistic Services (www.onTrackHub.com) with the documentation specified in clause 20.3; and

any claims made by any relevant Customs authority in respect of dutiable goods pertaining to the Consignment or provision of the Service.

General provisions

Triangle Logistic Services (www.onTrackHub.com) are not and do not contract as a common carrier. Whereby, any Consignment accepted for transit is accepted upon the terms of the Agreement to the exclusion of all other provisions that the Customer may attempt to apply, even if they are endorsed upon, delivered with or contained in any document that you deliver to Triangle Logistic Services (www.onTrackHub.com), they shall be deemed null and void. Delivery of a Consignment to Triangle Logistic Services (www.onTrackHub.com) by the Customer will be conclusive evidence of the Customers acceptance of these General Terms.

Any failure by Triangle Logistic Services (www.onTrackHub.com) to enforce or partially enforce any provision of these General Terms or the Agreement shall in no event amount to a waiver of Triangle Logistic Services (www.onTrackHub.com)’s rights.

The Agreement is specific to the Customer and the Customer shall not be permitted to assign, licence or sub-contract, in whole or in part, any rights or obligations under them without Triangle Logistic Services (www.onTrackHub.com)’s prior written consent. For the avoidance of doubt, Triangle Logistic Services (www.onTrackHub.com) may assign or novate the Agreement to any of Triangle Logistic Services (www.onTrackHub.com)’s Affiliates without the need to obtain the consent of the Customer.

Any provision of these General Terms or the Agreement which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable, in whole or in part, shall, to the extent of the invalidity, voiding, unenforceability or unreasonableness be deemed severable and the other provisions of these General Terms or the Agreement and the remainder of such provision shall survive and not be effected and shall remain enforceable on the Customer.

All communications between the Parties must be in writing and delivered by hand, pre-paid first class mail or by facsimile, if to Triangle Logistic Services (www.onTrackHub.com), to Triangle Logistic Services (www.onTrackHub.com)’s registered office and if to the Customer, to the address specified on the account application form, or in either case, to such other address as notified by either Party to the other.

Communications shall be deemed to be received:

if sent by pre-paid first-class post, within two working days after posting (excluding the day of posting);

if delivered by hand, on the day of delivery once proof of receipt in signed;

if sent by facsimile before 6pm on a business day, at the time of transmission or otherwise on the next business day.

The formation, construction, performance, validity and all aspects of these General Terms and/or the Agreement and its interpretation is governed by the law of the Hashemite Kingdom of Jordan without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than that of the Hashemite Kingdom of Jordan.  [TS11] 

If any dispute or difference occurs between the Parties arising out of or in connection with these General Terms or the Agreement (hereinafter referred to as a “Dispute”), either Party may give written notice of that Dispute to the other Party, giving details of the subject matter of the Dispute (hereinafter referred to as the “Notice of Dispute”) and the following procedures apply to any Dispute under these General Terms or the Agreement:

As a pre-condition to any other form of legal proceedings, the Parties must attempt to amicably resolve the Dispute by method of negotiation by the respective Chief Executive Officers of the Parties or their respective nominees;

If within twenty-one (21) days of the giving of the Notice of Dispute, the Dispute has not been resolved pursuant to clause 21.8(a), the Dispute may be exclusively referred by either Party to the Palace of Justice (Qasr Al Adel) in Amman, Jordan. Noting that either Party shall waive their right to present a jurisdictional dispute and shall succumb to the exclusive jurisdiction of the abovementioned courts.[TS12] 

subject to these General Terms, a reference of a Dispute to court under this clause does not relieve either Party of any other obligations hereunder.

To the extent not prohibited by mandatory applicable law in any Territory, the Parties agree to exclude the operation of any legislation that permits a non-contracting third party to bring claims against a Party in connection with these General Terms or the Agreement.

By entering into these General Terms, the Parties do not intend to create any relationship of employment, partnership, joint venture, or agency and at no time must Triangle Logistic Services (www.onTrackHub.com) state that there is an affiliation with the Customer in any way other than as an independent contractor for the provision of Services as described herein.

Notwithstanding any provision in an Agreement or these General Terms to the contrary, Triangle Logistic Services (www.onTrackHub.com) are permitted, in their absolute discretion, from time to time vary or amend these General Terms by publishing an updated version of the General Terms on Triangle Logistic Services (www.onTrackHub.com)’s website which is effective on that date of publication. The last updated version of the General Terms will be deemed incorporated into any Agreement with the Customer from the date of its publication. The Customer shall be responsible for checking the website for such amendments to these General Terms and will be deemed to have accepted, and be bound by, them upon the Customers use or ordering of any Services.

Data protection

The Customer shall be deemed to consent to and acknowledges that, for all account applications, a credit search may take place using a credit reference agency and that this information may also be shared with Triangle Logistic Services (www.onTrackHub.com)’s other Affiliate companies if needed for the provision of the Services.

Triangle Logistic Services (www.onTrackHub.com) value the Customers privacy and any information that you share with us is subject our privacy policy, which is detailed at [insert Triangle Logistic Services (www.onTrackHub.com) Website