Shipping with Ninja Packs - Terms & Conditions
Kindly note that the Terms and Conditions below are related to the use of Ninja Packs.
- “Sender” shall mean the Service User who uses this Delivery Service.
- “Ninja” shall mean the Service Provider who provides the Delivery Services to the Service User.
- “Ninja’s Online System” shall refer to online software provided by Ninja for the purpose of Delivery Service.
- “Recipient” shall mean the end receiver who receives the parcel through the Delivery Service provided by the Service Provider.
- “Driver” shall mean the Service Provider’s personnel and/or driver who does pick up and or/drop off parcels.
- “Parties” shall refer to both the Service User/Sender and Service Provider.
- “Delivery Service” means the delivery or logistics services provided by Service Provider to Service User, including but not limited to customs clearance, importation procedures, preparation and/or execution of any required paperwork for the purpose of this Terms and Conditions.
- “Cash On Delivery Service” means the collection of cash payment on behalf of the Service User by the Service Provider during the delivery service.
- “ePOD” means electronic proof of delivery.
- “Working Day” means each and every day in a calendar week, except for Sunday, and statutory public holidays in Singapore, where it means each and every day in a calendar week, exempts for Saturday and Sunday, and statutory public holidays, unless the Parties agree otherwise.
- “Ninja Pack” means a prepaid polymailer entitling the holder to one (1) time use of Ninja’s delivery service and designated as such.
- “Delivery Working Hours” shall mean 9am to 10pm.
Shipping with Ninja Packs : Terms and Conditions
Ninja reserves the right, at its sole discretion, to change, modify, add or remove these Terms and Conditions as needed and the Sender shall be bound to observe and comply with such terms and conditions prevailing from time to time.
1. Provision of Services / Agreed Terms (the “Services”)
- Standard: within 3 working days with no specific time-slot (For Standard delivery, Ninja shall deliver the parcel within 3 working days from the day of pick up anytime between the Delivery Working Hours)
- Ninja Pack sold are non-refundable and or non-exchangeable.
2. Cash On Delivery Service
(Only applicable to Sender who opt-in for this Service)
- In the event the Sender makes a request for Ninja to collect cash payment from the Recipient during the Delivery Service process, the Sender should provide his/her bank information via https://dashboard.ninjavan.co when requesting to withdraw COD to ensure proper billing and remittance details have been provided to set up for said Service. Parties agree that it shall be the responsibility of the Sender to:
- Enter all relevant information relating to the amount to be collected from the Recipient in Ninja’s Online System, which the Sender shall have access to
- To check that the information referred to in Clause 2.a.i. has been accurately entered into Ninja’s Online System pursuant to such input.
- Parties agree that Ninja may reject any request to collect cash payment from the Recipient at its reasonable discretion should the Sender provide insufficient or incomplete information.
- Parties agree that in consideration for Ninja collecting cash payment from the Recipient on behalf of the Sender, Ninja shall charge and the Sender shall pay, on a per collection basis, the greater of 3.5% or P25 whichever is higher of each cash payment collected (the “Cash on Delivery Fee”)
- Payment for the Cash on Delivery Service shall be made on a weekly basis based on the shipper’s withdrawal request date through the COD wallet on https://dashboard.ninjavan.co, Ninja shall:
- Payout the requested COD withdrawal amount following the schedule below: Withdrawal request date Sun.-Sat. from the preceding week will be paid out to shipper the following Friday (e.g. request date: June 10, 2019/June 16, 2019, payout date: June 21, 2019)
- Provide an email report detailing the respective amount of cash payments collected weekly (e.g. June 10 - 16, 2019/ June 17-23, 2019)
- In the event that there are any disputes in the amount provided in the COD payment schedule, the Sender shall within 7 calendar days confirm or dispute the amounts provided in such COD payment schedule and Ninja shall make the necessary adjustments in the following COD payment schedule. If the Sender fails to provide any reply in 7 working days, the Parties agree that the amounts provided in such COD payment schedule shall be deemed accurate and final.
- Parties agree that Ninja shall remit the Cash on Delivery Fee via bank transfer to the Sender’s designated account and Ninja shall be deemed to have successfully satisfied its obligations.
- The Sender hereby warrants that the bank account details provided and/or any instruction on funds transfer made by Ninja does not involve or facilitates any Anti-Bribery, Anti-Money laundering and Countering Financial of Terrorism or criminal activities and is in compliant with all applicable requirements and regulations as set out in the MAS Act (“the Rules”). In the event that the Client refuse or do not provide the necessary information and documents requested or if Ninja is unable to verify the necessary matters as mandated by the Rules, Ninja reserve the right to terminate and or suspend this Delivery Service with immediate effect, upon written notice to the .
- The Sender agrees to indemnify and hold Ninja harmless of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, that may arise due to or as a result of the provisions in Clauses 2(g) and 2(h) by the Sender pursuant to this Delivery Service.
3. Other Payment OptionsChoosing other payment options, Ninja Van reserve the right to collect a transaction fee of 25.00 may it be via COD or with the use of payment channel/s.
4. Deliveries AttemptIn the event a delivery attempt is unsuccessful due to the unavailability of the Recipient at the designated address, the Recipient will receive an email notice in relation to the failed delivery attempts. Ninja shall perform two attempt to deliver the said parcel. Pursuant to a failed attempt, Ninja shall return said parcel to the Sender and shall be deemed to have fulfilled its obligations and shall be fully entitled to the delivery fee for said parcel.
5. Loss or Damage to Parcel
- In the event the contents of a Ninja Pack are lost or damaged as a result of Ninja’s poor handling of the Ninja Pack and subject to Clause 4.b., Parties agree that Ninja shall be liable for no more than the value of the parcel or P2,000, whichever is lower.
- In view of health, hazard and safety, Ninja reserves the right to dispose the damaged parcel.
- Ninja will only acknowledge loss and damage claims that are submitted either within 30 days after the order was created or 7 days after successful delivery of order, whichever is later.
- The Sender will receive the payment of compensation within fifteen (15) working days upon approval of submitted supporting documents by SENDER to Ninja Van’s CS Team. For avoidance of doubt, Ninja will not be liable for any damage to Ninja Packs while they are in the Sender’s possession and care.
- In the event of force majeure, Ninja Van is under no obligation to compensate any claims made.
- Improper packing of goods is not valid for claims.
6. Customer Service and Support
- Ninja shall remain contactable for all enquiries, whether from the Sender or its Recipients, through its email or its call centre from 9am to 10pm every day, with the exception of Sundays and Public Holidays.
- Notwithstanding Clause 5.a., Ninja and the Sender shall agree on the following communication channels:
- For Recipient and Seller :
- Email: firstname.lastname@example.org
- Phone: (02) 231-36-37 (Mon – Sat, 9:00 am - 10:00 pm)
- For potential Sales inquiries;
- Email: email@example.com (Mon – Fri, 9:00 am - 6:00 pm)
- For COD remittance concerns or disputes;
- Email: PHfirstname.lastname@example.org (Mon – Fri, 9:00 am - 6:00 pm)
- For Recipient and Seller :
7. Ninja Pack Polymailer Specifications
- It shall be the Sender’s responsibility to ensure that each parcel is fitted nicely into the Ninja Pack and not stretched beyond the Ninja Pack size.
- Failing which, Ninja hereby reserve the right to reject and/or decline to deliver the parcel and Ninja shall not be liable for any loss or damage of the parcel.
8. Ninja Pack Polymailer ValidityThe Sender agrees that the Ninja Pack Polymailer is valid for use 1 year from receipt. The Ninja Pack can no longer be used after the expiration period.
9. Sender’s Obligations
- It is the Sender’s responsibilities to ensure that the name, address and telephone number of both the Sender and Recipient are accurately populated in Ninja’s Online System.
- The Sender shall ensure that the Ninja Pack posted at any of the Ninja’s Drop off Points complies with the terms and conditions herein.
10. Prohibited ItemsIt shall be the Sender’s responsibility to comply with the current government regulations and laws. Dangerous and prohibited items, including but not limited to explosives, poison, flammable items, radioactive material, compressed gas, corrosive, firearms, fragile items, and any items which by its nature or packaging may expose any threat or cause any injury or damage are prohibited by law and will not be accepted.
11. Misuse of Ninja Pack
- Sender shall indemnify, defend and hold harmless Ninja, its Affiliates, and their directors, officers, agents and employees against any and all losses, claims, demands, damages and expenses, including reasonable attorneys fees (collectively, Losses) arising out of (i) any misuse or abuse of the Ninja Pack sold hereunder, (ii) any unauthorized or unlawful use or distribution of the Ninja Pack sold hereunder, (iii) any unlawful acts or omissions by Senders, including any nonpayment or other assessments relating to the transactions contemplated by this Delivery Service.
- The Sender shall refer to the Terms and Conditions for the correct use and purpose of the Ninja Pack.
12. Ownership of ParcelsOwnership, whether legal or beneficial, of parcels shall at no point in time be considered to have transferred over to Ninja.
- The Sender agrees that the parcel does not contain any harmful, dangerous, illegal, controlled, unlawful, forbidden or objectionable material.
- The Sender agrees to indemnify and hold Ninja harmless of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, that may arise due to or as a result of the contents of the parcel, with the sole exception of such claims, demands, losses, cause of action, damage, lawsuits, judgments, including legal fees and costs, resulting in personal injury or death AND resulting from Ninja’s negligence.
14. ConfidentialityNinja undertakes that during the term of this Agreement and following its termination, it shall not disclose or cause to be disclosed to others, Confidential Information. “Confidential Information” shall mean information regarding the business concerns, financial position or future plans of the Sender, its subsidiaries or affiliates and any other information of a confidential nature. This clause shall survive any expiry or termination of this Agreement.
15. Relevant Law and JurisdictionThese terms and conditions shall be subject to and construed in accordance with the laws of the Republic of the Philippines. All proceedings and or disputes arising out of or connection with these terms and conditions shall be commenced in the Courts of the Republic of the Philippines and the Parties hereby submit to the exclusive jurisdiction of such courts.
16. Limitation of LiabilityIn no event shall Ninja be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of the Ninja Pack pursuant to this Delivery Service.
17. Personal Data Protection ActThe Sender warrants that any personal data provided of its customers for the purpose of Ninja performing delivery services to said customers is complete, accurate and has been obtained with the consent of said customers for such purpose and is in adherence to the Republic Act 10173 – Data Privacy Act of 2012 and the regulations thereunder, as may be amended from time to time. Ninja warrants that its collection, use, disclosure and processing of any personal data provided by the Sender shall adhere to the Republic Act 10173 – Data Privacy Act of 2012. Without prejudice to the generality of the foregoing, Ninja warrants and undertakes that it shall, with respect to personal data provided by the Sender: comply and procure the compliance of its officers, employees, agents, subcontractors and professional advisors with the Republic Act 10173 – Data Privacy Act of 2012; use appropriate and reasonable technical and organizational security measures against unauthorized or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of such personal data, or any similar risks; not make any changes to its information security measures that would materially increase the risk of unauthorized access to such personal data; and delete or remove the means by which such personal data can be associated with particular individuals as soon as it reasonably considers that the purpose for which such personal data was collected is no longer being served by retention of the same.