Terms and Conditions
1 Definitions
“App” means the mobile application provided by ESHHUN to facilitate the pick up/drop off and services between the Driver and the End User;
“Driver” means the driver of the type of truck who has signed up to our App to provide the cargo transport services to you;
End User or You or your means the consumer who has signed up to our App to book the transport services from the truck Driver;
Serivce shall have the meaning defined in clause 3.1;
Moving Fee shall have the meaning defined in clause 6.1;
Payment Methods means payments via credit/debit card, net banking, cash or any other form of payment enabled through gateways or payment processor or through any other form of payment;
Terms shall have the meaning defined in clause 2.1 and includes instructions, notices and guidelines issued by us from time to time which are incorporated by reference herein;
ESHHUN, we, us or our means ESHHUN transport service, a company incorporated in 2024 in Sultanate of Oman.
2
Applicability
2.1
We will not trade with or provide any services to sanctioned countries in accordance with the law of Oman.
2.2
Use of our mobile application (the App) is subject to these terms and conditions (the Terms).
2.3
ESHHUN transport services maintains the https://www.eshhun.om/ Website ("Site").
2.4
We can update these Terms anytime so always read the latest version on our App before you make your booking with us. Your continued use of the App constitutes acceptance of the Terms as they are at the time of booking.
2.5
These Terms are important, and you should read them carefully. They explain our relationship with you, what we do and what happens if things go wrong including what you may be charged for cancellations. Even though the contract for the provision of the transport services is with the Driver, you have a contractual commitment to pay the Moving Fee to us under these Terms.
2.6
Our App is designed for use in Sultanate of Oman for personal or business customers and access to our App by you from any other jurisdiction other than Sultanate of Oman is entirely at your own risk.
2.7
Nothing in these Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between you and us.
3
Booking
3.1
The request for a service is done through the app, the confirmation is immediate with the cost of the service to be paid upfront through the payment gateway, once payment is made the service request is approved and the selected category truck is allocated.
3.2
When you book a service through our App the contract is between you and the Driver and we are not a party to that contract. We are merely a booking and fee collection agent for the Job. You acknowledge that the Driver is not our employee and that we are not in any way responsible for the contract made between the Driver and yourself.
3.3
Each Driver is solely responsible for performing the service you set out in your request and it is your responsibility to make sure all the relevant information is provided to us so that a Driver can complete your booking. The price we quote to you on the App is only for the journey and goods goods you have told us you want moving from the pickup address to the drop off address you gave us when you made the booking. If you require any other goods to be moved from or to other locations after you have made the booking, you have to cancel the booking and rebook with new location. A Driver may refuse to move goods not included in the original Job booking.
3.4
We reserve the right to reject your Job at our discretion based on the information you provide.
3.5
Once your booking is confirmed, you can communicate directly with the Driver using our chat and call features in the App for the Job.
3.6
You agree and accept that the use of our services is at your own risk, and you further acknowledge that we disclaim all representations and warranties of any kind, whether express or implied, to the extent permitted under applicable law.
4
Changes to your Booking
4.1
If you need to change your Job, then you can do this directly using our App. If you cannot make the changes then contact us via the App, customer support number or email us at support@eshhun.om .
4.2
If your goods are lost or damaged during transit you must contact us as soon as the Job is completed so that we can investigate. We recommend you take photos of your goods before transit so any damage can be evidenced after the event. We are not liable for the actions of a Driver or any damage caused to your goods by a Driver, but we will assist with resolving any dispute between you and the Driver.
4.3
In the event of loss or damage to your goods please contact us via the App, customer support number or email us at support@eshhun.om and we will try to assist. Such assistance will in no circumstances constitute an acceptance of liability by us for the lost or damaged goods.
5
Your Responsibilities
5.1
You must be at least 18 years old to use our App and you must provide us with your full name, email address and telephone contact information. We reserve the right to immediately suspend your access to our App if we suspect the information, you have provided is false or misleading.
5.2
You must provide accurate information to us when you book your Job. If you provide information that is not true and accurate your Driver may not be able to find you or not have the right sized truck or equipment to complete your Job or may arrive at the wrong time. If a Driver cannot complete a Job because you did not provide the correct information, then we will charge you up to 100% of the Moving Fee and you will need to book a new Job.
5.3
It is your responsibility to ensure you have access to our App at all times when using our services. You must provide anyone whose personal information you supply to us (for example if a friend or family member is meeting the Driver for your Job) with a copy of these Terms and our Privacy Notice.
5.4
You agree to provide us at all times with your contact details up to and including the date of your Job.
5.5
You agree to be at the pickup address set out in your Job request with your goods ready to be loaded onto the Driver;s vehicle well before the time the Driver is scheduled to arrive. If you are not ready in good time, then we may (on behalf of the Driver) cancel your Job and charge you 100% of the Moving Fee.
5.6
You must arrange for all parking permissions including paying any fees required for parking the Driver's vehicle so your Job can be completed without the Driver being given a parking fine. If the Driver arrives and cannot park without risking a penalty, then we may cancel your Job and charge you 100% of the Moving Fee.
5.7
Drivers do not carry cash to pay for parking meters or similar and it is your responsibility to pay for any parking related fees. A Driver may refuse to complete your Job if required to park in an unsafe distance away from your pickup address. If a Driver is charged a parking penalty to complete your Job this will be charged to you in addition to your Moving Fee if the mistakes or omissions are caused by you.
5.8
If you book a Driver to move goods to a municipal waste centre, you agree to confirm with that municipal waste facility if the Driver requires any permit to gain access and complete your Job. This may include informing the local authority of the size of the truck being used and the nature of the goods being disposed of. If any such permit is required you must obtain it at your own expense. If a Driver is not able to complete your Job because you have not made the necessary arrangements or then the Driver will return all your goods to your pickup address and you will be charged 100% of the Moving Fee and return charges.
5.9
If a Driver is unable to complete your Job and deliver your items to the drop address for any reason which is within your control, then the Driver will return all your goods to your pickup address and you will be charged 100% of the Moving Fee and return charges.These fees will be calculated using the same method as for your original Moving Fee.
5.10
You acknowledge the contents of and agree to use your best efforts to pack your Job's goods so each can be transported safely without damage to the item or injury to the person moving the item. It is your responsibility to pack everything before the date of your Job.
5.11
You agree to behave and ensure that any other person connected with you travelling with the Driver on your Job behaves friendly and respectfully towards your Driver.
5.12
You agree not to engage with any of our Drivers outside of the App directly/ or indirectly after a Job is being completed.
5.13
You agree that we retain the right to suspend the processing of any Job and/or take such actions where it is reasonably believed that the Job may be fraudulent, illegal or involves any criminal activity or where you and/or the End User have breached any of the conditions in these Terms.
5.14
You agree to comply with such instructions, notices and guidelines issued by us from time to time.
5.15
User is responsible for maintaining the confidentiality of his account
6
The Moving Fee
6.1
Use of our App will be subject to a moving fee (the "Moving Fee"). The Moving Fee is calculated based on the usage (kilometers run, time, vehicle category selected) and would be displayed at the time of booking the trip.
6.2
When you confirm your booking for a Job, we take full fee and will be in our custody until the completion of your Job. Upon completion the fees paid will be routed to the driver.
6.3
We facilitate the payment of the Moving Fee via our digital wallet within our App and supported payment methods (the Payment Methods). This digital wallet is provided for your convenience and may only be used to pay for the Jobs. You will also have the ability to add funds to our digital wallet via supported Payment Methods.
6.4
Visa or MasterCard debit and credit cards in OMR will be accepted for payment
6.4
Cardholder must retain a copy of transaction records and Merchant policies and rules
6.5
You must only use the Payment Methods that you are authorized to use and available at the current time. When you provide a Payment Method to us, you represent to us that you are the authorized user of the Payment Method, and you authorize us to charge (through a duly authorized service provider) your Payment Method for any fees. Fees or conversion charges associated with the use of certain Payment Methods by the issuer or your bank may apply. Subject to the previous paragraph, you are responsible for all uses of the Payment Methods, including all applicable taxes and all purchases made by you or anyone else using the digital wallet and/or Payment Methods.
6.6
The Moving Fee will exclude any congestion or emission zone charges and tolls that some cities, bridges and roads charge vehicle users. The Moving Fee will never include parking fees required to be paid by a Driver to collect the goods included in your Job. You must arrange for these extra fees to be paid by you in time for the Job.
7
Cancellation
7.1
When you cancel a Job, the fees set out below will be charged to your card:
1. 50% of your Moving Fee; If you cancel your Job after the Driver has embarked on its journey to your pickup location.
2. 100% of your Moving Fee; If you cancel your Job after the Driver has reached your pickup location.
8
Transaction History
8.1
All your transactions are recorded in the My Requests of your account. You may access this information after you log in to your account. We allocate a transaction number to each transaction. You should quote this transaction number when communicating with us about a particular transaction.
8.2
The My Trips shown in our Mobile App will include all the payment details including payments you have made and the delivery records.
8.3
We rely on you to regularly check the My requests for all transaction history and to contact us immediately in case you have any questions or concerns, including if you don't recognize a transaction or you think there has been a mistake with a transaction history or your account and in any event within one (1) week of the relevant transaction. Please contact us via the App, customer support number or email us at support@eshhun.om .
9
Loading your goods without the Driver
9.1
If you selected a truck without the loading option, then it is your sole responsibility to load the intended goods you want to move.
9.2
If you opted for additional helpers to assist in loading/offloading your goods then you need to make sure the goods are in a safe packaging and can be safely loaded. Any heavy goods , exceeding the capacity of the helpers requested will not be loaded, and you are the sole responsible to load/offload them. Failure to comply to this will lead to suspension of the service and charging you 100% of the service fee.
9.3
Any goods you transport is not insured by us, or the driver, you select this serivce at your discretion and acknowledge that no one will be held accountable for any damages to your goods incase of any accident that may occur to the truck.
10
If you have a complaint
10.1
If you have a complaint, we will do our best to help you resolve it. Please contact us via the App, customer support number or email us at support@eshhun.om We will only agree to assist with a complaint or dispute between you and a Driver made after your Job is completed.
10.2
Sultanate of Oman is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Oman.
11
Your Information
11.1
We collect and process all information provided on the app to provide the best service to you. No information will be shared with anyone else unless authorized by the local authorities performing under a court order.
11.2
All your payment method details are not stored on the app.
12
Our Liability to You
12.1
We are merely a booking and fee collection agent for the Job between you and the Driver. We make no guarantee of the availability of the services, the availability of vehicles through the use of the services, the accuracy of the data or information provided as part of the services or the quality of the services of the Drivers.
12.2
We are not responsible for the actions of the Driver during the completion of your Job, for any delay in performing the Job, or for any damage or loss of the goods.
12.3
We are also not responsible for our failure to perform any of our obligations as a consequence of circumstances outside our control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, or other events of force majeure.
12.4
We shall not be liable for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your use of our services or your installation and execution of our App, including without limitation, loss of profits, data, revenue, business opportunity, anticipated savings, goodwill or reputation howsoever arising.
12.5
In the event we are found to be guilty of a claim, our total aggregate liability for the claim shall not exceed the cost of the Job incurred by the End User. If any dispute between you and an End User results in a dispute going to Court, then you agree to indemnify us for all legal fees and associated costs of defending any claim against us arising out of or relating to a Job completed or any costs in attending court resulting from a dispute between you and an End User.
12.6
Although we are not responsible for the completion of your Job by a Driver and/or any services provided to you by a Driver and/or for a breach of contract by the Driver, as a gesture of goodwill we will always try to help. You can contact us via the App or email us at support@eshhun.om.
12.7
We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your mobile equipment, software programs, data or other proprietary material related to your use of our App. We recommend the use of your own virus protection software. We cannot guarantee that our App will be free from bugs or viruses.
13
Promotions
13.1
ESSHUN transport services will run promotions from time to time. All promotions provided are subject to the prevailing regulatory requirements. We reserve the right to revise, suspend or terminate these requirements or terms and conditions at any time and may withdraw the offer at its discretion without prior notice.
14
Use of Third-Party Services
14.1
You agree and acknowledge that we are allowed to use such third-party providers to assist us in performing and completing a Job. In this connection, you agree for the third-party providers to have access to your data used in connection with our services and to the terms and conditions of such third-party providers.
15
Governing Law and Jurisdiction
15.1
These Terms are governed by Omani law and the courts of Oman have exclusive jurisdiction over any disputes under these Terms.
15.2
If we fail to enforce a right under these Terms that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion. We may modify these Terms at any time without notice and you agree to be bound by these conditions each time you use our App.
15.3
These Terms do not give rise to any third-party rights who are not a party to these Terms
16
Your feedback
16.1
For each transaction you can rate your Driver by leaving feedback using our App.
16.2
The best way to handle any dissatisfaction with us or our App is to contact us in the first instance, prior to leaving negative feedback on App, as we will always attempt to resolve the matter with you directly and welcome the opportunity to put things right.
16.3
Feedback is important to us and all the Drivers who use our App. Feedback helps improve the service offered but only works if it is honest and given in good faith.
17
Intellectual Property
17.1
We alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the App and its services. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the App and its services, or any intellectual property rights owned by us.
17.2
By providing content, information or materials (the User Content) to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
18
Indemnity
18.1
You agree that you shall defend, indemnify and hold ESHHUN transport services, its affiliates, its licensors, and each of their officers, directors, employees, attorneys, advisers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
your violation or breach of any term of these Terms or any applicable law or regulation,
your violation of any rights of any third party, including Drivers engaged via the App; or
your use or misuse of our App and services.
19
Language
19.1
In case of any discrepancy between the English version and any other language version, the English version prevails.
20
REFUND POLICY
20.1
We expect that every truck booking made through ESHHUN meets all our customers’ expectations. However, there may be things, events, or circumstances which may not be within our control. In the event your truck booking experience does not meet your expectations, you may share your feedback by rating your driver in the app. If you are certain that there was an error with your booking rate or an issue occurred during your transaction, please send an email to support@eshhun.om. ESHHUN will entertain all complaints and issues reported within 7 days from the day of its occurrence and will be evaluated at ESHHUN’s sole discretion on a case-by-case basis.
20.2
ESHHUN is a platform that connects our customers to our network of delivery partners to complete transportation of goods using different types of trucks booked by a customer and accepted by a driver within the app. As a customer, you own the decision to book a truck or not. Information on estimated fees, driver name, license plate, photo, and vehicle type are provided once a booking is confirmed. As a customer, it is your responsibility to verify these details upon arrival of the driver at pickup location. If you decide to avail of our services, you are accepting the terms of service and are taking responsibility for the successful payment of that trip.
20.3
Refunds will be done only through the Original Mode of Payment. Please allow for up to 45 days for the refund transfer to be completed.
Eligibility for a full or partial refund.
You may be eligible for full or partial refund in cases in the following cases:
20.4
A fare or fee is calculated in error or a technical error occurred during your booking transaction, or an appropriate promotional code was not applied correctly;
20.5
The final trip cost is significantly higher than the fare range estimate provided during the booking process which is not due to additional stops or change in destination, distance, longer waiting time, etc.; and
20.6
The allocated driver did not start/complete the trip, at all
Ineligibility for a full or partial refund.
Instances when customers may not be eligible for a full or partial refund include, but is not limited to:
20.7
An issue was caused by user error, e.g., booking the wrong type of vehicle;
20.8
The customer intentionally did not make use of the booking request;
20.9
An on-trip delay or on-trip routing issue due to uncontrollable events (e.g. traffic, construction) or a change in price due to adding or removing stops or the customer giving instructions to the driver other than the details provided during the booking.
21
Resolving Your Request
Customers may raise requests for refund or a general complaint regarding their transactions with SHAHN by sending email to support@eshhun.om within 7 days from encountering the issue. Customers found to be eligible for refund will be paid within 3-5 days either through the agreed payment method or through the app’s wallet system following discussion with the ESHHUN support team.
22
False Reports
We trust our customers to provide accurate information about their booking experience when submitting disputes or claims. ESHHUN investigates each report and reserves the right to deny fraudulent claims and may, at its own discretion, deactivate the customer’s account