These terms and conditions apply to your use of the SONGO EXPRESS mobile application and other related online and offline platform (“SONGO EXPRESS”), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of SONGO EXPRESS.
SONGO EXPRESS is powered and provided by SONGO EXPRESS LIMITED Co., Ltd., a company incorporated in MONGOLIA with its registered office at the DISTRICT, KHOROO-1, 27- BUILDING #1, ULAANBAATAR, MONGOLIA;
Please review these terms and conditions carefully. By using SONGO EXPRESS or the Services, you acknowledge and agree that these terms and conditions and our privacy policy are binding on you. If you do not agree with these terms and conditions and our privacy policy, do not install the SONGO EXPRESS mobile application, delete it and do not use SONGO EXPRESS.
Definitions and Interpretation
In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
“SONGO EXPRESS” means SONGO EXPRESS Co., Ltd., a company incorporated in MONGOLIA and its service.
“Participating Drivers” means the drivers who have agreed with SONGO EXPRESS to accept bookings from you through the Services;
“Services” means the operation by SONGO EXPRESS to distribute your details and details of your proposed journey or delivery by vehicles submitted to SONGO EXPRESS through the Software to Participating Drivers for their acceptance and to provide you with other information on the relevant Participating Drivers, the journey or delivery, and on your use of the Services;
“Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App;
“App” means the “SONGO EXPRESS” mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services; and
“Terms” means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause 10. “Terms and Conditions” means the Terms and Conditions that apply to the Services as set out on WWW.SONGOEXPRESS.MN ” and may be amended from time to time.
License of App
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
Your use of SONGO EXPRESS grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
You must not
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way;
modify or make derivative works based upon the Services or App;
create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device;
reverse engineer or access the App in order to
design or build a competitive product or service,
design or build a product using similar ideas, features, functions or graphics of the Services or App, or
copy any ideas, features, functions or graphics of the Services or App, or
launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.
Your use of SONGO EXPRESS and the Services
You agree:
and warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times;
you will not use SONGO EXPRESS or the Services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders SONGO EXPRESS or the Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
to comply with all applicable laws while using SONGO EXPRESS or the Services;
you will not use the SONGO EXPRESS or the Services to cause nuisance, annoyance or inconvenience;
to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
to provide us with whatever proof of identity we may reasonably request;
to treat Participating Providers introduced to you through SONGO EXPRESS with respect and not to cause damage to their vehicles or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their vehicles or the Services; and
to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
We reserve the right to suspend, restrict or terminate your access to SONGO EXPRESS and the Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse SONGO EXPRESS or the Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
We offer a technology platform to provide information and a means for you to obtain transport and logistics services from Participating Providers through the use of SONGO EXPRESS allows you to send a request for transport and logistics services (together with details of you and your journey) to Participating Providers and each relevant Participating Provider has the sole discretion to accept or reject each such request. If a Participating Provider accepts a request, SONGO EXPRESS will notify you and provide information about the Participating Provider such as the vehicle licence number, contact number and driver rating (if any).
You acknowledge and agree that we only act as an intermediary between you and the Participating Providers and we are not your agent or the agent of the Participating Providers. We are not a transportation carrier and do not provide transportation services. We are not responsible for the behaviour, negligence, conduct, actions or inactions on the part of the Participating Providers that you may use (through SONGO EXPRESS or otherwise). Any contract for the provision of transport and logistics services is between you and the Participating Providers and not us. We shall never be a party to any agreement (to be) entered into between you and any Participating Providers. If you have any complaint in relation to the transport and logistics service provided then that dispute must be taken up with the Participating Provider directly.
You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to SONGO EXPRESS and the Services.
We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.
User’s Obligations
The User warrants that he/she is either the Owner or the authorized agent of the Owner of the Goods, and that he/she is authorized to accept and is accepting these Conditions not only for himself/herself but also as agent for and on behalf of the Owner of the Goods.
The User shall ensure that the Delivery Item is packed in a case, wrapper or container appropriate to the nature and weight of the Delivery Item such that no part of the Delivery Item may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part.
The User shall ensure that the Delivery Item is adequately packed so as to protect against damage to the Delivery Item during the course of delivery; and
(in the case of a Delivery Item of a fragile nature) that the Delivery Item shall be packed in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the Delivery Item is guarded against damage that may result from any force, pressure or blows to which postal items are ordinarily subject during the course of delivery and that such Delivery Item shall bear the words "FRAGILE" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee; and
(in the case of a Delivery Item which is susceptible to damage by bending) that the Delivery Item shall be packed in a case or container of sufficient durability and strength to prevent the Delivery Item from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words "DO NOT BEND" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
The User shall provide in respect of each Delivery Item all necessary information, including without
limitation:
The User’s name, address (including the postal code) and telephone number;
The addressee’s name, delivery address (including the postal code) and telephone number;
Special precautions to be taken in respect of the Delivery Item e.g. "FRAGILE", "PERISHABLE", "DO NOT BEND" etc.;
For our COD service, please input your amount to be collected in the remark box; for smooth and fast co-orperation.
The User warrants that he or she has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Goods. The User shall not dispatch and Participating Drivers reserve the right to refuse any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. The User is liable for any loss or damage suffered by any third party as a result of any breach of the terms. Participating Drivers will not open and inspect the Delivery Items, and bear no responsibility in any legal liability resulting from the transportation of the Delivery Items.
Loss or Damage
In the event that SONGO EXPRESS or Participating Drivers discover that there has been loss of or damage to the Delivery Item, SONGO EXPRESS or Participating Drivers shall notify the user of such loss or damage within a reasonable period from such loss or damage and shall seek instructions from the user with respect to the appropriate action to be taken. SONGO EXPRESS reserves the right to decline to accept any further instructions for any reason whatsoever.
In the event that the user do not provide further instructions regarding the appropriate action to be taken within a reasonable period of SONGO EXPRESS notifying the user of the loss or damage, SONGO EXPRESS shall take such action in relation to the Delivery Item as it deems appropriate, including without limitation, re-delivery of the Delivery Item to the user or retention of the Delivery Item, and shall notify the user of the same.
All costs arising from further action taken in relation to the Delivery Item in accordance with Clauses 3.1 and 3.2 above shall be borne by the user, unless the loss or damage to the Delivery Item was caused by SONGO EXPRESS’s gross negligence.
Exception of SONGO EXPRESS’s Liability
SONGO EXPRESS shall not be liable for loss or damage arising from or in connection with:
the delivery of any of the articles set out in Clause 2.5;
the user’s failure to specify any special precautions to be taken in respect of a Delivery Item, as required under Clauses 2.3 and 2.4.3, on the address label, consignment note, waybill and/or invoice;
the misalignment, wear and tear, de-arrangement, heat, mold, rot, discoloration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item;
delay or confiscation by any government authority due to the discovery of prohibited contents of the Delivery Item;
SONGO EXPRESS’s failure to perform any of its obligations hereunder as a consequence of circumstances outside its 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; or
any acts or omissions of any party other than SONGO EXPRESS, including and without limitation the user, the named addressee, any government official or any sub- contractor engaged by customer.
deliveries of bakery, cakes, flowers or related products by motorcycles in all cases due to the brittle nature of such products and inappropriate packaging
SONGO EXPRESS shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to SONGO EXPRESS’s attention before or after acceptance of the Delivery Item.
SONGO EXPRESS shall not be liable for delay or non-delivery of a Delivery Item arising from or in connection with the detention of the Delivery Item by any government authority.
For the avoidance of doubt, SONGO EXPRESS shall not in any way be liable or responsible for a Delivery Item prior to the Delivery Item being accepted by SONGO EXPRESS for delivery.
Indemnity
The User shall keep SONGO EXPRESS indemnified against all demands, claims, action, proceedings, costs, charges or expenses including but not limited to penalties, storage charges, retrieval and administrative costs, duties and taxes incurred, suffered or sustained by SONGO EXPRESS in connection with the Service provided by SONGO EXPRESS.
SONGO EXPRESS may from time to time amend the terms of these Terms and Conditions by “www.SONGO EXPRESS.com” and such shall be binding on you upon posting.
SONGO EXPRESS reserves the right to change the above Terms and Conditions at any time without prior notice.
Claims
Any claims must be made within 24 hours from the time at which SONGO EXPRESS accepts the Delivery Item for delivery, failing which SONGO EXPRESS shall have no liability whatsoever.
All claims must be made in writing, accompanied by the Delivery Order Number, contact information and other supporting documents requested by SONGO EXPRESS and submitted to the following email address: info@SONGOEXPRESS.com.
Claims are limited to one claim per Delivery Order, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
Without prejudice to Clause 4 and provided that SONGO EXPRESS is satisfied that the user’s claim is justified, SONGO EXPRESS’s liability for any loss of or damage to the Delivery Item shall be limited to the value of the Delivery Item or MNT 3,000 per Delivery Order, whichever is lower, for Motorcycle and the value of Delivery Item or MNT 7,000 per Delivery Order, whichever is lower, for Multipurpose Vehicle and Pickup Truck ("Compensation Limits").
In the case of damage to the Delivery Item, the amount of compensation by SONGO EXPRESS shall be based on SONGO EXPRESS’s assessment of the extent of the damage to and the actual cash value of the contents of the Delivery Item provided always that the amount of compensation shall not exceed the Compensation Limits. In the case of loss of or damage to the Delivery Item, SONGO EXPRESS shall have the option of either replacing the Delivery Item or making monetary compensation within the Compensation Limits.
Charges and Payment
Promotions
We may from time to time offer promotions on SONGO EXPRESS. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
Links and Advertisements
SONGO EXPRESS may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.
Indemnification
By accepting these Terms and using SONGO EXPRESS or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys 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, whether or not referenced herein;
your violation of any rights of any third party, including Participating Providers arranged via SONGO EXPRESS, or
your use or misuse of SONGO EXPRESS or the Services.
Disclaimers
The App is provided to you on an “as is” basis. We do not guarantee that the App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the App and our website are correct, up to date and accurate.
We do not warrant and accept no liability in connection with the availability of the Services, the availability of transport and logistics services from the Participating Providers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Participating Providers.
Any quoted pick-up or journey times are best estimates only and we shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the goods to be transported by the Participating Providers reach or fail to reach the destination.
Vehicles of Participating Providers registered with SONGO EXPRESS may be installed with GPS tracking device and/or other location tracking software or technology. Such vehicles are tracked using GPS or other location tracking technology to facilitate and improve route planning only. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
It shall be your sole responsibility to ensure that valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of Participating Providers during the journey, we will use reasonable endeavours to liaise with the relevant Participating Provider to locate such items but in no event shall we be responsible or liable for the loss of, or damage to, any such items.
The use of SONGO EXPRESS and the Services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use SONGO EXPRESS or the Services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed an amount of HKD500.
Modification of Terms and the Services
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue SONGO EXPRESS or the Services (including but not limited to the availability of any feature or content) by sending you notice through SONGO EXPRESS or by posting a notice on our website at WWW.SONGOEXPRESS.MN which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Personal data and privacy
Miscellaneous
You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
We may give notice by means of a general notice on SONGO EXPRESS, or by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of MONGOLIA. Both you and us agree to submit to the exclusive jurisdiction of the courts of MONGOLIA as regards any dispute or matter arising under these Terms.