TERMS AND CONDITIONS FOR USING OTO’S AGGREGATOR SOLUTION
OTO is a logistics company that allows retailers and customers to ship, track, manage and retrieve their online store orders with more than 150 shipping and delivery companies through only one portal. There are no setup fees and no connection fees, retailers will only pay the delivery fees. OTO’s goal is to enable retailers to fulfill the orders of their electronic platforms and various channels of sale and deliver them from the nearest branch or warehouse to the customer automatically with the best shipping companies and as quickly as possible. Retailers will reduce their operating expenses and increase customer satisfaction with the quality of delivery, all through one integrated portal OTO.
What is the Aggregator Solution provided by OTO and how does it work?
It is a software service provided by OTO for easy access to different shipping solutions with contracted shipping companies. After activation and balance charging, the system receives the shipments completed by the merchant, and one of the contracting shipping companies is selected to operate the service according to the specified period of time and terms as communicated to the client.
3.1 Shipping cost with OTO
The Aggregator Solution gives access to the customer to a wide array of shipping companies, and the opportunity to benefit from OTO’s preferential rates. The customer will not be required to sign any contract with the selected shipping company, but rather, will have to create an OTO account and credit it with money. To do so, the customer has to set up an account, credit the account, then enter the credit card information and click on the “Pay” button. Upon successful transaction, such amount will be debited from the customer’s bank account and credited to his OTO account. The customer will receive a payment confirmation by email. Upon subscription, the customer shall be able to use the Aggregator Solution. He will select the shipping company of his choice, enter the shipping information, and the shipping fees will be deducted directly from the balance shown in the customer’s OTO account on the control panel.
3.2 Applicable Terms for Payment by Bank Transfer
In case the customer elects to credit his account by bank transfer, he shall provide the accountant team at OTO with the digital receipt of the wire transfer. The applicable VAT shall be deducted from the amount transferred, for instance, if a merchant transfers an amount of SAR 115, then the amount of SAR 15 (equivalent to 15% VAT) shall be deducted, and the remaining amount shall be automatically used to credit the account on OTO’s platform.
3.3 Applicable Terms for Cash on Delivery (“COD”)
The option of COD payment will appear in the customer’s control panel.
The COD amounts shall be transferred to the merchant every two weeks, within 3 working days, and the relevant bank information shall be communicated. OTO shall not be responsible for any error in such information.
When transferring to customers, a copy of the transfer and its details shall be attached to the customer’s control panel.
3.4 Customer’s refund policy
The customer has the right to request a refund of shipping fees to the customer’s account within a maximum period of 30 days from the date of charging. The refund shall be made within a period of 10 days from the date of the refund request. Upon his request, such amount will be returned after two working weeks of the request. Such refund policy shall not be applicable, neither for the principal nor for any additional amounts, if and when customer uses a special offer proposed by OTO.
3.5 Applicable Fee for extra weight shipping
The shipping fee is automatically calculated by the system upon filling in the information relevant to dimensions, weight, area to be shipped to and price to be paid upon receipt, if applicable. Sufficient credit is available.The calculation of shipping fees shall vary from a shipping company to another and shall be available on OTO platform. In the event of any discrepancy in such information, OTO shall have the right to directly calculate the applicable fees and deduct them from the balance available in the customer’s account, or freeze the customer’s account in case the balance is not enough to cover the applicable fees.
Terms of service
4.1 OTO offers the shipping service to its customers as seen on the Aggregator Solution page, which lists the shipping and delivery services provided by OTO and OTO’s shipping and delivery partners. The shipping fees are calculated based on the following criteria:
4.1.1The distance between pick-up and drop-off points.
4.1.2 The weight and size of the package, which details are provided under section 4.4, where the applicable fee for every addition kilogram is specifically stipulated by each shipping company and in the price list section on OTO Platform
4.1.3 The type and speed of the delivery
4.1.4 An additional amount shall be charged for COD as stipulated by the shipping companies and in the price list section on OTO Platform
4.1.5 If there is any discrepancy between the information and the specific terms of the shipping OTO shall have the right to directly calculate the applicable fees and deduct them from the balance available in the customer’s account, or freeze the customer’s account in case the balance is not enough to cover the applicable fees.
4.2 In the event that the order of goods is not delivered by the merchant to the shipping company within a period of one month, then the policy will be automatically canceled.
4.3 The goods ordered must be carefully wrapped and packed before their shipment to ensure their protection and to avoid damage or loss of one part of the package during shipment. It is required by any shipping company that the package be wrapped and ready for shipment.
4.4 The weight of the package is calculated: either by the actual weight, or by the dimensional weight: (length x width x height) /4000 on the dimensions of the box in which the shipment will be shipped), so that the shipping company takes the higher weight when determining the cost of shipping.
For instance: if a merchant orders the shipping of goods to one of the GCC countries, and the actual weight of such goods is 2 kilos and the dimensional weigh (length 40 x width 20 x height 30) is 6 kilos, then accordingly, the price shall be calculated according to the volumetric weight and not the actual weight.
4.5 The merchant must (1) print out the invoice issued and available on the orders control panel on the website and (2) attach it to the package when delivering such package to the representative of the shipping company. For international shipping, the merchant shall print and attach the invoice and the payment receipt of the goods to be shipped.
4.6 The shipping company will repeatedly attempt to deliver the package to ensure the quality of OTO’s service and the credibility of OTO’s shipping partners, and try to avoid influences such as the inappropriate time, impossibility of communication, and the like.
4.7 In the event that packages are not delivered on time, OTO will follow up with the shipping company carrying out the shipment of such packages. OTO shall never be liable for damages that are excluded from the policy of the shipping company carrying out the delayed shipments.
Legal terms of the store and Disclaimer
As mentioned above, OTO is an intermediary between the merchant and OTO’s shipping and delivery partners, therefore OTO disclaims any responsibility for any practice that violates the laws and regulations in force in the Kingdom of Saudi Arabia and in the countries where OTO services are available, and bears no liability with regard to the violation of these laws and regulations and the consequent criminal, material, moral or legal damages; the merchant bears all the responsibility vis a vis any third party for the goods/products it supplies and the content of the packages it ships, and shall pay all damages and fines for violating the aforementioned points.
5.1 The merchant represents that the merchant is a legal entity duly incorporated under the laws of the Kingdom of Saudi Arabia, and that its store is compliant with the laws of commerce and labor in the Kingdom of Saudi Arabia; OTO disclaims responsibility for the merchant who violates the regulations of trade, retail and e-commerce in the Kingdom of Saudi Arabia.
5.2 The merchant undertakes to have the official licenses for some specialized products, the approval of the Food and Drug Authority (FDA) and the approval of the Saudi Standards and Metrology and Quality Organization (SASO), and OTO disclaims responsibility to the merchant who violates these terms.
5.3 The merchant is responsible for the accuracy of this information and the consequences of its inaccuracy in terms of damages and penalties as stipulated in the trade and retail regulations in the Kingdom of Saudi Arabia and the requirements of the FDA and those of the SASO.
5.4 According to the regulations of the transfer of parcels issued by the Communications and Information Technology Commission (CITC), which is the legal and authorized authority for parcel transport service providers, the shipping company is prohibited from transporting the following materials and contents, and therefore the merchant is prohibited from shipping them through OTO and bears all the consequences of violating these regulations, and the prohibitions.
5.5 In the event the merchant fails to comply with the obligations under the agreement and/or fails to accept the returned shipments, the shipping company shall have the right to dispose of such shipments at its discretion, without the need to take any other legal action, or obtain a court order or judgment in this respect. Merchant hereby indemnifies, defend and hold the shipping company harmless from and against any liability, loss cost and expenses, claims of any third party (including official authorities), arising out of or in connection with the disposal of such shipments.
5.6 The customer warrants that shipments handled by OTO’s partners do not contain (a) anything that cannot be transported securely or legally; (b) anything prohibited by any law or regulation; (c) bullion, currency, dangerous cargo, combustibles and narcotics, and will at all times comply with the OTO Contracting Companies Dangerous Goods Policy; (d) negotiable instruments in bearer form such as bearer cheques/carrier drafts, money orders, promissory notes, bearer bonds, bearer certificates, stamps, open tickets, unclassified travelers cheques, credit cards or cards but not including gift cards. In the event of breach of any of the above, the customer undertakes to defend and indemnify OTO, its officers, directors, employees and representatives, from and against any and all damages, costs, claims, liabilities, including reasonable attorneys’ fees, incurred by any beneficiaries of OTO arising from or relating to the customer’s breach of obligations herein.
5.7 The customer will disclose to OTO the contents and actual value of each shipment prior to receipt of such shipments by the shipping companies and the customer shall be solely responsible for any incorrect statement of the shipment. The customer will also provide OTO with all the necessary documents and fulfill all the requirements and procedures to expedite the clearance of shipments as the shipping company may request.
5.8 The customer confirms that all statements and information provided by the Customer or its agents in connection with the shipments and the COD amount that OTO shall collect will be correct. The customer will indemnify OTO’s beneficiaries from damages, costs, claims, liabilities, or expenses (including reasonable attorneys’ fees), incurred by OTO arising out of or in connection with the customer’s or its agents’ breach of obligations or any unlawful use of the COD amount collected and transferred.
5.9 Any legal fines, storage fees or other expenses incurred as a result of customs or government authority actions or the Customer’s failure to provide appropriate documentation and/or correct declaration of contents and actual value of shipments and/or to obtain the required license or authorization for shipments will be for Customer’s account.
6.1 We offer several different subscription plans for Our Software (the “Subscription Plan”). Information about Our Subscription Plans can be found on Our Site. Fees quoted on Our Site do not include taxes that may be applicable in Your jurisdiction. For additional information on Our Subscription Plans, please Contact Us. You may upgrade or downgrade Your Subscription at any time during Your Subscription Term, upon which We will apply the respective fees on a pro-rata basis.
6.2 Renewal Term: Unless the owner of Your Account upgrades or downgrades Your Subscription Plan, You will be enrolled into an automatic renewing cycle for the same term at the conclusion of the Subscription Term (the “Renewal Term”). This applies to all Subscription Plans involving payment including monthly and annual renewals.
- Your subscription plan will begin upon payment of the subscription fee and will continue for the subscription period as indicated in the subscription plan.
- Unless otherwise indicated, all subscription fees are non-refundable. If you cancel your subscription before the end of the subscription period, you will not receive a refund for any unused portion of the subscription.
- Subscription plans may automatically renew at the end of each subscription period. If you do not wish to renew your subscription, you must cancel your subscription before the end of the current subscription period.
- We reserve the right to modify, terminate, or otherwise amend our subscription plans at any time without prior notice to you. If we make any material changes to the subscription plan, we will notify you in advance.
- We reserve the right to suspend or terminate your subscription at any time for good cause, including, your violation of these terms and conditions or our policies, or any applicable law.
- You are responsible for maintaining the confidentiality of your account information and password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
- All fees and charges associated with your subscription plan are exclusive of any applicable taxes, duties, or other governmental charges. You are responsible for paying all such taxes, duties, and charges.
- We may provide certain communications, including notices and disclosures, to you in electronic form. You consent to receive such communications from us electronically.
By subscribing to our service, you acknowledge that you have read and agree to these terms and conditions.
Events of Damage, Damages, and Compensation
In the occurrence of any damage caused by the merchant to the shipping company or the shipping company to the merchant’s shipment, the applicable policies of the shipping company carrying out the shipment mentioned on the Aggregator Solution page shall apply and therefore, the compensation stipulated therein shall apply. OTO shall (1) never be a party to such dispute, and (2) shall never be responsible for such damages, and the customer shall not be entitled to claim any kind of compensation from OTO whatsoever.