1A.These terms and conditions determine the basis by which ODELIVER (hereinafter may be referred to as “ODELIVER”, “Us”, “We”) will transport or caused to be transported, store and handle any shipment or part thereof and as such will form the agreement by which ODELIVER will offer its services to you the vendor / merchant.
1B.These terms shall be governed by the laws of Trinidad and Tobago. Liability of ODELIVER is governed by the laws of Trinidad and Tobago.
1B (ii).Any legitimate claim made by any party against ODELIVER with respect to its obligations in its service intended to be provided shall be made in writing to ODELIVER within fourteen (14) days of the alleged breach.
1C.ODELIVER may use technology as proof of delivery.
1C (ii)ODELIVER reserves the right in its absolute discretion to refuse carriage or storage of any shipment tendered to it.
2. Conditions for Carriage
2A.Shipments must not contain goods which are prohibited by the laws of Trinidad and Tobago for carriage coast-wise, or any item which may endanger human or animal life or which might otherwise spoil or damage other goods being transported by ODELIVER, such as, but not limited to:
- Alcohol and Tobacco above specified quantities
- Bodily fluids and tissue
- Human remains
- Acids and other Corrosive Chemicals
2B (i).ODELIVER will only accept shipments over 25lbs and longer than 3 feet, wider than 3 feet and taller than 3 feet for carriage or storage, once it meets all requirements and ODELIVER is notified at least 24 hours in advance.
2B(ii).ODELIVER reserves the right to delay Carriage of shipments and agrees that should this occur, both the Shipper and Consignee will be notified. Odeliver shall in no event be liable for loss incurred following from delay unless expressly agreed in writing.
Circumstances for delay are but not limited to the following:
- Weather conditions.
- High volume of shipments.
- Failed delivery attempts.
- Lack of Clarity.
- Inaccurate information on label.
2C.The shipper shall be responsible for the accuracy and completeness of the particulars inserted for orders submitted for processing and ensuring that all shipment/s include details for the Shipper, Consignee and notify party for the shipment. All orders that are to be processed for should either be emailed to [email protected] or submitted via the Customer portal, no later than 5:00 pm on the day preceding the scheduled collection date. ODELIVER will not be held liable for any losses incurred or delays in processing and/or delivery of shipment/s due to late receipt of delivery information.
2D.Shippers must ensure packages tendered for delivery are marked and labelled with an ODELIVER printed label and their contents are so described, classified and accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and in compliance with the requirements of these Terms and Conditions and applicable law.
2E.Where the shipper submits a shipment which fails to comply with one or more of the restrictions or conditions listed, ODELIVER reserves the right to Hold or Cancel carriage of the shipment and will not be held liable for any losses sustained by any party (regardless of whether the failure has caused or contributed to loss and notwithstanding any negligence on the part of ODELIVER or its employees, contractors or representatives).
2F.Where ODELIVER does Hold or Cancel carriage, the paying party shall not be entitled to any refund on the carriage charges paid.
2G.Shippers who do not utilize ODELIVER’s packaging and handling services shall be responsible for the adequate packaging of their shipment to ensure its safe carriage. ODELIVER will not be held liable for damage sustained to shipments which were caused due to improper or inadequate packaging by Shipper.
2H. oDeliver will not and under no circumstances be held responsible for any items that is stolen by your customer while attempting to deliver said item. If your item is stolen by your customer, oDeliver will file a police report of the incident and pass that information on to you to properly investigate and resolve the matter. We do ask, that you conduct due diligence on each customer to verify address and phone number and identification before sending through shipments in order to safeguard our drivers from being a victim of a crime.
3.Collection of Shipments
3A.Pick-up requests should be confirmed with ODELIVER no later than 6:00am on the day of collection.
3B.Once a pick-up notification has been received, ODELIVER will inform the relevant party of the Estimated time of collection. Shippers must inform ODELIVER if there are any changes or expected delays once an estimated time of collection has been given.
3C.Collection times may vary depending on seasons and availability. ODELIVER does not guarantee a collection time.
4.Conditions for handling and storage
4A.Prohibited Goods as prescribed in the Customs Act Chapter 78:01 and as mentioned in section 45, will not be stored, handled or kept at any of ODELIVER’s facilities.
4B.Notice for any goods which a customer desires to be kept or stored at ODELIVER’s facilities must be given at least 24 hours in advance.
4C.ODELIVER reserves the right to refuse Storage of any goods or shipment and will not be held liable for any losses incurred due to failure to adhere to these conditions.
5.Inspection and Holding of Shipments
5A.ODELIVER reserves the right, to open and inspect, any shipment if there is probable cause to believe the contents violate the law, package leaking, no label attached, foul odour or suspicious wrapping.
5A (ii).Where ODELIVER has determined upon inspection that a shipment does not meet one or more of the aforementioned restrictions or conditions or the COD amount exceeds limitations, ODELIVER may refuse carriage of the shipment (or any relevant part thereof) or hold the shipment until the fault can be rectified.
5B.ODELIVER may also Hold carriage when:
(a) the shipment details (either via AWB/BL/Shipping/Packing list) does not match the physical shipment;
(b) a discrepancy in COD details;
(c) the address on the shipment is incorrectly stated and ODELIVER has taken all reasonable steps to locate the intended address;
(d) the collection or delivery address is out of ODELIVER’s service area
(e) any reason which may prohibit ODELIVER from effectively collecting or delivering the shipment, which is beyond ODELIVER’s control. Eg Force Majeure
5C.Instances where ODELIVER has notified a Shipper of a shipment or any part thereof being kept On Hold at a warehouse facility, and they have not responded or have not been able to rectify or clarify the issue causing the shipment to be held, after a period of (2) two business days, ODELIVER will cancel the shipment, which will incur a charge. ODELIVER will not be held liable under a breach of contract to perform carriage of a shipment on behalf of a shipper.
5D.Domestic shipments within Trinidad and Tobago, that are postponed more than 3 attempts or put on hold by either (i) Shipper or (ii) Consignee/Recipient will be given (3) three business days free storage. Shipper will have the option to collect at our warehouse facility, or Odeliver will return the shipment and apply a “Return to Sender” fee. If shipper refuses to pay “Return to Sender” fee, packages will be auctioned or discarded after 1 month.
6.Delivery of Shipments
6A.ODELIVER will not offer any of its delivery services to be fulfilled by a timeline set by a Shipper, Consignee or Third Party, beyond any service level agreement set by ODELIVER. Shipments which are tendered for delivery by a specific time or date set by a Shipper, Consignee or Third Party which does not conform with any service level agreement set by ODELIVER are done so at the tendering parties own discretion and risk. ODELIVER will not be held liable for any loss incurred due to Shipments not being completed at the time set by a Shipper, Consignee or Third Party.
6B.Discrepancies with deliveries tendered for processing or changes to delivery addresses or requests for alterations to the contents of any shipment may result in a delay with delivery times.
6C.Where ODELIVER is unable to begin or complete a shipment due to unforeseen circumstances to which ODELIVER bears no control over, ODELIVER will not be held liable under a breach of contract to perform carriage of a shipment. ODELIVER will inform the required party within 24 hours of the predicament and once agreed, will ensure carriage takes place at the next scheduled occasion.
6D.ODELIVER will not be held liable for any financial losses or claims in cases where the receiver/ shipper fails to make payments that are due to ODELIVER or where the receiver refuses to accept the shipment resulting in the failure of the delivery of the shipment.
6E.Charges may be applicable for Shipments which were not delivered and/or cancelled for reasons beyond the control of ODELIVER, such as but not limited to:
Wrong items sent to Recipient/Consignee which results in the Shipment being cancelled.
Unable to contact the Recipient/Consignee which results in the Shipment being cancelled.
Postponements by the Recipient/Consignee which results in the Shipment being cancelled.
Cancellation of Shipment by Either Party after collection.
Consignee/Recipient not pleased or satisfied with the contents of the shipment and wishes to return the Shipment.
Discrepancy with COD amount.
False Customs Declaration by Shipper, resulting in the seizure of goods
Inaccurate and/or Incomplete documentation for shipments which require collection from ports of entry.
See Section 10A for further information.
7.Maximum Waiting Time
7A.A maximum of (7) seven minutes free waiting time will be allotted by each driver per collection and delivery within Trinidad and Tobago.
Should a customer desire an extended period, a waiting fee of TT $1.50 per minute will be charged for the first (30) thirty minutes and TT $10.00 per minute from the (31st) thirty-first minute onward. Waiting times start from the arrival of a driver at a collection or delivery location and ends at the beginning of the collection or delivery transaction and does not include delays caused by any of ODELIVER’s Team members or equipment.
8A.Shipments which are postponed more than three times by any party will incur a rescheduling charge per subsequent postponement.
8B.Shipments which are tendered for Air/Ocean carriage can be subjected to postponements by the carrier. Such postponements are beyond ODELIVER’s control. ODELIVER will not be held liable for such postponements and any loss incurred due to such postponement.
8C.Shipments which are tendered for Import/Export are subject to external party timelines for Carriage and clearance. Such postponement are beyond ODELIVER’s control. ODELIVER will not be held liable for such postponements and any loss incurred due to such postponement.
9.Unable to Contact a Party
9A.On occasions where ODELIVER or any of its representatives are unable to contact a Shipper or Consignee after every reasonable effort has been made on the first scheduled collection or delivery attempt as the case may be, ODELIVER will automatically reschedule the shipment for collection or delivery on the next scheduled collection or delivery date for that location. If on the third attempt of collection or delivery is unsuccessful, ODELIVER will automatically cancel the shipment. In the case of a delivery, ODELIVER will schedule it to be returned to the owner unless otherwise instructed by the Shipper. A month to Sender fee may be applied. In the case of a collection, ODELIVER will remove order request from system.
9B.Should any party request more than three delivery attempts be made, a rescheduling charge will be applied from the fourth delivery attempt and for every subsequent delivery attempt. ODELIVER will only offer this service should the owner of the shipment agree to pay the additional charges.
10A.Occasions where ODELIVER has been asked to collect a shipment and the shipment has been cancelled or postponed more than 3 times by either the Shipper or Consignee after collection, the Shipper may be charged a Return to Sender Fee.
10B.Shipments that are cancelled at the delivery location by the Shipper or Consignee/Recipient for reasons beyond ODELIVER’s control, the full delivery fee will be charged.
11.Notifications and Updates
11A.ODELIVER will provide, features such as Online access, what’s app notifications for updates on shipment statuses and other general notifications, however, ODELIVER in no form or manner assumes or accepts liability for any undelivered messages or delays in updates due to Software or technical issues beyond ODELIVER’s control.
11B.Where the shipment remains undelivered due to circumstances mentioned in section 6E, ODELIVER will provide the required notify party with a written notification (via e-mail) within two (2) business days commencing from the date ODELIVER determines that the shipment is undeliverable or remains undelivered.
12.COD and COD Remittance
12A.ODELIVER’s COD service is only offered upon submission of National Identification, business registration documentation or in the case of unregistered businesses proof of address, no older than 3 months old, bank account details that correspond with the registered business name or in the name of the account holder with ODELIVER.
12B.COD Remittance is scheduled once per week. Remittances can be made more frequently however will incur a charge.
12C.ODELIVER will not be held liable for any delays in the COD remittance process due to banking processes that are beyond ODELIVER’s control.
12D.All COD remittance will be done electronically via bank transfers excluding cheques, which will incur a Return Fee.
12E.ODELIVER reserves the right to limit the amount of cash transactions performed by any team member or representatives. Any delivery which the cash amount surpasses this limit, ODELIVER will only accept COD in the form of Debit Card (Linx), Credit Card or Cheque.
12F.In the event of a query, in which a paying party is reimbursed by ODELIVER’s bankers for any transaction ODELIVER completed on a Shipper’s behalf via Debit Card or Credit Card, ODELIVER will notify the Shipper as soon as is practicable of the ongoing query and will provide Shipper with what ODELIVER’s bankers deem as the relevant details of the query and the supporting bank documentation only, for reimbursement to ODELIVER within (3) three working days. ODELIVER will not be held liable for loss of goods and/or monies arising from claims or queries made by a Consignee where reimbursement to ODELIVER becomes necessary.
12G.ODELIVER will not be held liable for any dishonest/ fraudulent acts committed by any Consignee, Shipper or third Party.
12H.You agree to notify ODELIVER in writing, of any shortage with COD amounts returned within (7) seven days of the Cash Remittance Processing notification sent by ODELIVER or any credit memo or any notification which informs you of the amount collected and being processed for remittance or has been processed for Remittance. After that period, you will not hold ODELIVER liable for any discrepancy. Should there be any shortage in COD Remittance brought to ODELIVER’s attention within (7) Seven days of the notification sent by ODELIVER, ODELIVER will investigate the query and if the result does prove an error on ODELIVER’s part, ODELIVER will reimburse the outstanding amount within (3) three business days. In the case of an overage, you will be required to reimburse ODELIVER within (3) three business days.
12H (ii).Should you have a shortage with the amount remitted and ODELIVER’s inquiry reveals that the difference is due to a discrepancy with the COD amounts stated on the Shipping List or Invoice/s included in the shipment/s, ODELIVER will only reimburse the amount on the shipping list or invoice. ODELIVER will not be held liable in any form or manner for shortages resulting from such discrepancies.
12H (iii).Should any of ODELIVER’s employees, or any contracted party representing ODELIVER’s interests, after auditing COD remittance discover any discrepancy within 30 days of the remittance, ODELIVER will inform you in writing of the discrepancy and attach or identify all supporting documents which will include, a list of all deliveries completed for the relevant day and their respective amounts, a copy of deposit information as applicable. In the case of an overage, you will be required to reimburse ODELIVER the overage within (3) three business days from notification. In the case of a shortage, ODELIVER will reimburse the Shipper within (3) three business days from notification.
12I.ODELIVER will not be held liable for any bank charges that your bank may charge you for deposits made on your behalf and as such will not compensate for charges incurred due to COD Remittance.
13.Invoicing and Payment to ODELIVER
13A.ODELIVER will provide invoices through its online dashboard. As stated in the initial proposal, the delivery rate for urban areas is listed at $35.00, rural areas as $45.00, extended areas as $55.00 and Tobago as $70.00. These prices may vary based on size and weight of the package. You will be allowed an agreed credit limit to be paid on a specified date payment must be made to ODELIVER or your account will be suspended.
13B.Payments made after the due date will incur a late payment fee of (10%) ten percent of the outstanding balance.
13C.Payments may be made electronically via bank transfers or via an online payment gateway provided by us, debit/credit card. Cash or cheques will be accepted at the sole discretion of ODELIVER.
13D.If you fail to settle any outstanding debt, ODELIVER may hold any cash or credit collected on your behalf, if so applicable, as Security or Settlement and if this amount is insufficient or in cases where no cash or credit was collected on your behalf and delinquency continues after a period of (14) fourteen days, ODELIVER will transfer the case to a Debt Collection agency. In such cases, your information will be disclosed to the agency, as necessary to recover amounts due. All applicable fees accrued during the recovery of any outstanding payment will be billed to you and will be due to the Agency.
13E.ODELIVER reserves the right to refuse any credit and may rescind at any time, any credit given to any Shipper or Consignee who becomes delinquent with Payments to ODELIVER.
14.Packages and Bundles
14A.oDeliver will offer two accounts for you to choose from on signing up. The corporate account or the standard account. Each account features and benefits will be clearly displayed on the website. By accepting an account, you have agreed that you read the features and benefits before confirming. If you would like to change your account, please send an email requesting the switch over to [email protected].
14B.Bundles are prepaid deliveries you can purchase that allows you to get one flat rate delivery throughout Trinidad and throughout Tobago. The more deliveries you purchase the lower the flat rate.
14C.Bundles can be purchased via;
- Our payment gateway on our website
- Delivery by our drivers either by cash or linx
- Bank transfer directly to our bank account
14D.Bundles and rollover bundles carry a 30-day expiry date from the day it was purchased. Once the bundle has been purchased, you have up until your first completed shipment to claim for a refund. After your first shipment within the bundle is completed, you will not be eligible to claim for a refund.
14E.Bundles can be cancelled but it will incur a 50% penalty fee of the remaining shipments. Cancellations cannot be claimed after 21 days of using the bundle. Any claims for cancellation after 21 days will be not be allowed.
14F.Bundles cannot be paused or put on hold during the 30-day active cycle. If you would like to stop using the bundles, you may only request a cancelation within 21 days that will incur a fee referenced in 14F.
14G.Bundles are flat rate for deliveries, however all other additional charges from the use of our platform still exist. These charges are, but not limited to;
- Print label fee
- Inter-island deliveries
- Credit card processing fees
- Return to sender fee
- Waiting fees
- Additional weight fees
- Additional size fees
- Rejected package fees
14H.Bundles will not be allowed to roll over the 30 days. If you have unused deliveries at the end of the 30 days, it will be considered lost and terminated deliveries. There will be no refund or extensions granted as a result of unused deliveries.
14I.Bundles will incur the same charges for rejected, postponed and cancelled packages referenced in section 8,9,10 above.
14J.All payments for bundles will generate a separate invoice/ receipt that can be found under “activated bundles”. These receipts can be printed or downloaded for your records.
Update to Agreement and Policies
15.ODELIVER reserves the right to update, change or modify these terms and conditions and any of the policies that ODELIVER has enforced without prior notice. However, ODELIVER will inform customers of updates, changes or modifications to the terms and conditions contained in this agreement and any of the policies that ODELIVER has enforced via posts made public via ODELIVER’s customer web portal or via the Customers registered email address, within a reasonable time.
16.ODELIVER agrees to deliver all packages within the following timeframes below.
Urban - 1 to 2 Business Days
Rural – 1 to 3 Business Days
Tobago – 3 to 5 Business Days
Same day delivery can be paid before collection of the package or after the delivery and deducted from the COD. If the customer does not accept the package, the same day shipping fee still applies and must be paid before we return your package. In certain circumstances, a separate delivery fee may be charged to deliver the return package to you or to be picked up at our office at no additional cost.
Restricted Delivery Zones
17.Hot Spot areas will not be directly serviced; however, we will arrange with each customer to meet at the nearest safe zone to collect their package. See below for restricted areas.
- South Belmont
- Sea Lots
18. ODELIVER will provide insurance up to $500.00 TTD per package in the event of any item that is lost or damaged. If the vendor wishes to insure their package for a sum larger than $500.00, they must contact the office to request additional insurance which will carry a fee that must be paid before transit. oDeliver will not be liable for any items damaged while at warehouse or in transit more than $500.00 unless additional insurance is purchased.
oDeliver will not and under no circumstances be held responsible for any items that is stolen by your customer while attempting to deliver said item. If your item is stolen by your customer, oDeliver will file a police report of the incident and pass that information on to you to properly investigate and resolve the matter. We do ask, that you conduct due diligence on each customer to verify address and phone number and identification before sending through shipments in order to safeguard our drivers from being a victim of a crime.
Insurance will only apply if requested before your item/s arrive at our facility. Should your request for added protection be received after the items have arrived or shipped out of the Miami warehouse, your request will be disregarded.
Televisions, cell phones, monitors, scanners, glass items, porcelain, ceramics, cast iron or concrete products will only be protected up to TTD $500.00 with our standard protection. For insurance over the $500.00 TTD on these items you will have make the necessary arrangements with a local Insurance company in Trinidad
This contract can be cancelled at any time after notice is given either verbally or in writing. No penalties will be incurred because of this cancellation.
Returns will only be stored at our warehouse facility for a maximum of seven (7) days. During this period, the item/s will be automatically returned to you free of charge on your next scheduled pickup or alternatively, you can collect your items at our warehouse. After this (7) day period expires, your package/s will be automatically returned to you, at your own expense of ($25)
If you, the merchant refuses to accept your own property, odeliver will no longer insure or be held liable for any of your item/s that are lost, stolen or damaged.
After (1) one month of storage the refused property will be disposed.
Note: If a merchant has a pickup but we failed to return the package/s, we will return said package/s free of charge.
All returns are processed AFTER 24 HOURS of notice through our online platform. After which, the items are then prepared and can either be collected at our warehouse or dispatched for delivery.
If there are any issues with returns please feel free to reach out to our team at 235-4872 to speak to one of our representatives.
Payments & payment Links
Payment Link Method: This refers to the ability for customers to now opt-in to pay through a payment link, which will be sent directly to either their registered WhatsApp number or email address.
Payment Link Procedure: Upon opting in for this payment method, customers will receive a unique, secure link to complete their transaction. This link can be used to process payments using debit or credit cards. The payment link will remain valid for 24 hours from the time of issuance. If a payment is not completed within this timeframe, a new link will need to be requested.
Payment Instruments: Payments made via the payment link can be processed using debit or credit cards. Customers must ensure that their card details are entered accurately to avoid any transaction errors.
Service Fee: For every transaction made using the payment link method, a service fee will be applied. This fee consists of 3.5% of the total transaction amount plus an additional charge of $1.00. This service fee is non-refundable.
Transaction Confirmation: Once a transaction has been successfully completed using the payment link method, customers will receive a confirmation message via the same channel through which the payment link was sent (WhatsApp or email).
Security: All payment details and personal data provided during the transaction will be encrypted and protected according to our data protection and privacy policies. We do not store your debit or credit card details on our servers.
Protection and Liability:
- User Responsibility: Customers are responsible for ensuring that their registered WhatsApp number and email address are correct and secure. We will not be held liable for payment links sent to incorrect or compromised communication channels due to incorrect information provided by the user.
- Unauthorized Transactions: In case of any unauthorized transactions, customers must notify us within 24 hours of the transaction being made. We will investigate the matter and take appropriate actions. However, our liability will be limited to the amount of the unauthorized transaction.
- Limitation of Liability: By choosing the payment link method, the customer agrees to hold Agora Technologies Ltd harmless from any and all claims, losses, damages, and liabilities arising out of or related to the use of this payment method. This includes, but is not limited to, unauthorized access or use of your payment link, technical errors, or discrepancies in transaction amounts.
- Disputes: Any disputes arising from transactions made via the payment link method should be reported to Agora Technologies Ltd within 14 days of the transaction date. After this period, Agora Technologies ltd reserves the right to decline any reversals or refunds related to the disputed transaction.
Changes & Updates: We reserve the right to modify, add, or remove this payment method and its associated terms at any time. Any changes to these terms will be communicated to our customers in advance and will also be updated in this section of our Terms and Conditions.