Red Ant Express Terms of Service

Thank you for your interest in using RED ANT EXPRESS Application. By proceeding to use the RED ANT EXPRESS Application, it means that you have read, understand, and agree to these RED ANT EXPRESS Terms of Service (the 'Terms of Service') specified herein below, which govern your use of RED ANT EXPRESS Application in Cambodia. Please read the Terms of Service carefully as it affects your rights and obligations. If you do not agree with the Terms of Service, please do not continue using RED ANT EXPRESS Application.

1. Definitions

Company: means that RED ANT EXPRESS, which developed and owns the RED ANT EXPRESS Application, but does not provide completely services and operational.
Delivery Item: means physical product or item, chosen by Users to be delivered, which can be put in a closed box and/or sealed parcel. This includes, but is not necessarily limited to, documents, food, convenience goods, accessories, and/or clothes.
Deliveryman: means an employee or contractor of the Deliveryman who will deliver the Delivered Item on behalf of, under supervision of, and quality control of the Red Ant Express.
Service: means the delivery service(s), provided and completely handled by Red Ant Express and Partner Delivery, for which Users can order the service via RED ANT EXPRESS Application.
Food Delivery/Grocery Delivery: means the Service which User orders the Deliveryman to collect foods and/or convenience goods at restaurants and/or grocery stores and deliver to User's address/Delivery Location.
Express Delivery: means the Service which User orders the Deliveryman to collect Delivery Item at the User's Pick-up Location to send to the recipient's address/Delivery Location within guarantee delivery time frame less than 60 minute.
Pick-up Location: means a specific place in Cambodia which is chosen by User to have the Deliveryman pick up the Delivery Item.
Delivery Location: means a specific place in Cambodia which is chosen by User to have the Deliveryman deliver the Delivery Item to.
RED ANT EXPRESS Application: means the application or website developed, owned and operated by the Company being only the technology platform for Users.
User Account: means an online account created by the Company for each User in RED ANT EXPRESS Application upon registration.
User, You, or you: means the user of the RED ANT EXPRESS application who orders the Service from Partner Company.

2. Agreement

2.1 Users confirm that they have reached the legal age or obtain parental consent to use RED ANT EXPRESS Application and Service.

2.2 In order to use RED ANT EXPRESS Application, Users are required to have provide full name, phone number, address and fill out in Red Ant Express Application. The Company may send Users messages/notification as part of the normal business operation of your use of RED ANT EXPRESS Application via RED ANT EXPRESS Application.You are entitled to opt-out from receiving messages/notification from the Company at any time by set your control on “Notification Setting” or blocking RED ANT EXPRESS Notice Official Account. You understand and agree that opting out from receiving messages/notification may impact your normal use of RED ANT EXPRESS Application.

2.3 Users understand and agree that RED ANT EXPRESS Application's function is a platform to automatically match the User with the Deliveryman, who acts on behalf of Partner Company, for the provision of Service. By clicking button and proceeding to order the Service, you represent and warrant that you have read, understand, and agree to the delivery term of services.

2.3.1 Once User finds the Service who suits his/her needs, please click “Order” button to confirm your order and the system will automatically match the order with the Deliveryman.

2.3.2 If User does not agree with the automatically-matched Deliveryman, he/she is entitled to cancel the order. If there is no cancellation from User, it’s means Users represent and warrant that they personally chose that Deliveryman to perform the Service.

2.4 Users agree that they will not use the Service to deliver illegal/infringing Delivery Items and/or Delivery Items which may harm others/recipient/Deliveryman. This includes, but is not necessarily limited to, hazardous, inflammable, explosive, radioactive Delivery Items.

2.5 Users represent and warrant that they are the owner of the Delivery Items or have authorization from the owner to order the Service of such Delivery Items.

2.6 Users will not make personal dealings with the Deliveryman and/or the Partner Company outside the scope of this Terms of Service.

2.7 Users will not order any alcoholic beverage, cigarettes, or any items which require legal age verification.

3. Amendment

Terms of Service may be amended from time to time. The amendments will be posted on RED ANT EXPRESS Application. You will be required to read and agree to such amendment before you can continue to use RED ANT EXPRESS Application to order the Service. The notification of the amendment may be by inbox of push announcement.

4. Payment method and conditions

We accept payment by credit or debit card (Visa, Mastercard) or QR Cash Prompt pay. Payments are processed via our nominated third-party payment processor.

We will not issue the Product(s) to you unless and until full payment is received. If we are unable to authorize your payment, we will use reasonable efforts to notify you and give you the opportunity to rectify the issue. If we are unable to do so, we will cancel the order.

4.1 For payment CASH ON DELIVERY (COD), Users are required to pay the fee for Service in cash directly to the deliveryman:

4.1.1 At the Pick-up Location or Delivery Location for Express Delivery Service, as chosen specifically by Users via the RED ANT EXPRESS Application;
4.1.2 At the Delivery Location for Food Delivery/Grocery Delivery.
4.1.3 At Pick-up Location for Postal Service.

4.2 For Express Delivery Service, once Users click “Order” button and the system matches the order with chosen Deliveryman, Users are entitled to cancel the order at any time before deliveryman accepting or match of the order and the Deliveryman. The delivery fee in full price occurs immediately once the order has been accepted. Users are obligated to pay the Deliveryman in cash at the Pick-up Location or Delivery Location as chosen by Users via the RED ANT EXPRESS Application.

4.3 For Food Delivery/Grocery Delivery Service, once Users click “Order” button and the system automatically matches the order with the Deliveryman.

4.3.1 Users are entitled to cancel the order at any time before merchant accepting or matching of the order and the Deliveryman.

4.3.2 Once Users click 'Order' button on the submit order page, the delivery fee in full price and the price for items ordered occur immediately. Users are obligated to pay the delivery fee in full price and the price for items ordered to the Deliveryman in cash at the Delivery Location or prepaid payment (online payment via QR Code prompt pay) E.g.: Pay via KHQR.

4.4 If Users refuse to pay the delivery fee and/or the price for items ordered due under 4.2 and 4.3, Users will be prevented from making any additional order in RED ANT EXPRESS Application until the outstanding amount is settled.

4.5 The Deliveryman, acting on behalf of the Red Ant Express, reserves the right to contact Users to perform necessary action in collecting the unpaid amount incurred from using the Service. Once the fee for Service and/or the price for items ordered is collected by the Deliveryman on behalf of Company, all payments are non-refundable and non-exchangeable, except in the case of Deliveryman's misconduct, fraud and/or gross negligence.

4.6 Once the fee for Service and/or the price for items ordered is collected by the Deliveryman on behalf of Company, all payments are non-refundable and non-exchangeable, except in the case of Deliveryman's misconduct, fraud and/or gross negligence.

4.7 Users are not required to pay a gratuity or a tip to the Deliveryman. However, you are entitled to do so by paying a tip, in cash, directly to the Deliveryman who provides you the Service. Tips are voluntary and are not part of the fee for Service.

5. User Account

5.1 Users must register, hold, and maintain the security and confidentiality of their User Account. This includes, but is not necessarily limited to, keeping your username and password private and not sharing private information regarding your User Account with anyone.

5.2 User Accounts are non-transferable to others.

5.3 The Company reserves the right to temporarily or permanently suspend and/or cancel User Accounts at any time. Any violation of the Terms of Service may lead to the suspension and/or cancellation of your User Account by the Company.

6. Limitation of Liability

6.1 The Company develops, owns, and operates the RED ANT EXPRESS Application, which serves as a technology platform for Users and provides delivery services through Partner drivers. The Service is completely handled by the Partner delivery, which is monitored by Red Ant Express. Thus, the Partner driver is solely responsible for any damage, claims, and liabilities arising from delivering Users' Delivery Items under the representation of Red Ant Express.

6.1 The Company shall not be, jointly or separately, liable to Users for any losses or damages incurred in connection with or as a result of the Service and/or Delivery Items, except where such losses or damages were caused by the Company's breach of these Terms of Service, fraud, or gross negligence on the part of the Company itself.

7. Cancellations

7.1 For Express Delivery Service, once Users click the “Order” button and the system matches the order with the chosen Deliveryman, Users are entitled to cancel the order at any time before the Deliveryman accepts or the order is matched with the chosen Deliveryman. The delivery fee in full price occurs immediately once the order is placed.

7.2 For Food Delivery/Grocery Delivery Service, once Users click the “Order” button and the system automatically matches the order with the Deliveryman, Users are entitled to cancel the order at any time before the merchant accepts or the order is matched with the Deliveryman. The delivery fee (based on the fee charged) and price of items occur immediately once the order is placed.

8. Promotional Campaigns

8.1 The Company may create promotional codes under any campaigns that may be (i) redeemed for credits in User Account which can be used to pay for the delivery fee in future orders up to the value of such credits or may be used to make a one-time payment of delivery fee in any future order; or (ii) used to receive benefits from any third parties who are the Company's commercial partners. Usage of such promotional codes is subject to additional terms and conditions that the Company establishes per each promotional code/campaign. If User uses such promotional code in RED ANT EXPRESS Application, User represents and warrants that he/she has read and agreed to such additional terms and conditions before proceeding to order Service in RED ANT EXPRESS Application.

8.2 User agrees that you will use promotional code for the specific intended purposes as set out in the additional terms and conditions for each relevant promotional code/campaign and in a lawful manner.

8.3 The promotional code and/or campaigns may be cancelled and/or disabled by the Company, at any time for any reason, without bearing any liability to the Company.

8.4 The promotional code and/or campaigns cannot be exchanged for cash.

8.5 The promotional code and/or campaigns may expire prior to your actual use.

8.6 The Company reserves the right to deduct credits in User Account or any benefits obtained through the use of promotional code in the event that the Company determines or believes that the use or redemption of the promotional code was in error, fraud, illegal or in violation of the terms and conditions of each promotional code and/or campaigns.

9. Privacy Policy

As part of the functions of the RED ANT EXPRESS Application, personal data of Users is collected, used, disclosed, and/or transferred to Partner Companies and Deliverymen. Therefore, please carefully read the Company's Privacy Policy before proceeding to use the RED ANT EXPRESS Application, as it means that you have also read and accepted the Company's Privacy Policy before using the RED ANT EXPRESS Application to order the Service from Partner Companies.

10. Intellectual Property

The Company owns all intellectual property rights to the RED ANT EXPRESS Application, source code, and/or related software. The Company only grants Users a non-exclusive, non-transferable, non-assignable license to use the RED ANT EXPRESS Application, source code, and/or related software for ordering the Service from Partner Companies.

11. Indemnification

Users agree to defend, indemnify, and hold harmless the Company against all claims, expenses, and attorney's fees arising from: (a) any breach of Terms of Service by Users; (b) any fraud, misconduct, or gross negligence by Users; (c) any misuse of the RED ANT EXPRESS Application by Users; and (d) any violation of any law or regulation by Users.

12. Severable Clause

If any part of the provisions under these Terms of Service is found to be invalid, the remainder of these Terms of Service shall remain in full force and effect.