Terms and Conditions

Last updated: March 29, 2024

Please read these terms and conditions carefully before using Our Service.

Terms, Conditions, and Insurance Policy of Carriage

SECTION 1. SHIPMENT.

Shall mean all goods, documents, and parcels under one receipt which may be carried by any mode, including but not limited to air, road, and sea.

SECTION 2. Right Of Inspection Of Shipment. 

ALiN Cargo Express has the right, but no obligation to inspect or open any shipment.

SECTION 3. LIABILITY:

ALiN Cargo’s liability shall be as follows:

(a) Lost Boxes for Commercial and Balikbayan Box shipments without declared “item and its value”: Liability shall only be limited to a refund of the freight fee, regardless of the actual content of the parcel.

(b) Damaged Box/es for Commercial Product shipments with declared value: Liability shall only be limited to the declared value (with insurance fee) in the Receipt or Packing Invoice, regardless of the actual/declared content of the package, and refund/replacement only on the items that were damaged;

(c) Damaged Box/es for Balikbayan shipments with declared value: Liability shall only be limited to the declared value (with insurance fee) in the Receipt or Packing Invoice.

(d) Limitation of Liability. For no insurance paid, the liability of ALiN Cargo Express for any loss or damage is limited to Php2,500.00 for XL/L Box, and Php1,500.00 for M/S/XS Box.

(e) Delay. Liability shall only be limited to the refund of the freight fee unless the delay has rendered the shipment useless for its intended use in which case provisions of Section 2(a)(b) shall apply. For purposes of this paragraph, delay shall be counted from the day the shipment was received for transport until its delivery to the consignee/receiver. However, day/s, while the shipment is under the custody of the shipping lines shall not be counted as a day delayed and shall not be attributable to delay on the part of ALiN Cargo Express.

(f) Fortuitous event and breach of contract. There shall be no liability for loss, damage, or delay arising from the fortuitous event as provided in Article 1174 of the Philippine Civil Code and for the shipper’s breach of this contract.

SECTION 4. Shipper’s Warranty.

Shipper warrants the following:

(a) Information Correctness. The names and addresses of the shipper and consignee as well as the declared contents and value of the shipment are correct;

(b) Prohibited Goods. The shipment contains no hazardous or prohibited items e.g., illegal drugs, firearms, ammunition, explosives, flammable, live plants/or animal/s, fruits, or other items prohibited by law or requires a government’s permit for its transport.

(c) Fragile and Liquid Items. It must be documented and must be declared in the declaration and/or packing invoice. Fragile and liquid items must be packed securely considering land transportations in Philippines may be rough. Nevertheless, Fragile and Liquid items must be packed within shipper’s risk. Unless the box/parcel is received not in good condition, then it will be covered by warranty as stated in SECTION 3.

(d) Warranty of Receipt. Shipper warrants that the consignee or any person authorized to receive will be at the given address on the agreed day of delivery to receive the shipment.

SECTION 5. ONLINE UPDATE.

Shippers shall download ALiN Cargo Express App to track and verify the status of his/her shipment within 24 hours after receipt for delivery. The shipper shall not be prevented to personally visit any branch of ALiN Cargo Express to inquire about his/her shipment or may call or text to the official ALiN Cargo Express’ landline or mobile number as he/she may deem convenient.

For SMS messages, update frequency may vary, and message and data rates may apply; For US customers, text HELP to +12342412546 for help; Reply STOP to cancel updates; Carriers are not liable for any delays or undelivered messages.

SECTION 6. COD and abandoned.

For COD shipment, the shipper or receiver shall cause to prepare the payment of the amount to be paid upon delivery of the shipment, otherwise ALiN Cargo Express will not deliver the shipment and retain the same until it is fully paid. No attempt to deliver shall be made after a first failed attempt to deliver for failure to pay. The next succeeding attempt to deliver shall only be made after full payment of the COD. The shipper shall endeavor to have his/her shipment paid within thirty (30) days from date of first failed attempt to deliver otherwise the shipment shall be changed a holding/storage fee amounting to Php 100.00/day. The shipment shall be considered abandoned for failure of the shipper to pay within the period of thirty (30) days and shall be forfeited in favor of ALiN Cargo Express and be disposed of accordingly.

SECTION 7. WAIVER OF PRIVACY RIGHTS.

The shipper, by transacting with ALiN Cargo Express, has read, understood, and agreed to the contents of the terms and conditions and further expressly consent to the collection, processing, sharing, storing of his/her personal information.

SECTION 8. JURISDICTION.

Any court action arising from this terms and conditions shall be brought in the proper court of Mandaue City, Cebu Philippines to the exclusion of all other courts.

SECTION 9. BINDING EFFECT.

The shipper, by transacting with ALiN Cargo Express, has read, understood, and agreed to the contents of the terms and conditions which shall be binding upon all the representatives, transferees, successors, and assigns of the parties.

I declare that I have read and understood and hereby accept all the “Terms, Conditions, and Insurance Policy of Carriage” – of ALiN Cargo Express. I also declare that under the penalties and falsification, that my packing list/invoice sheet has been made in good faith and to the best of my knowledge and belief, is true and correct pursuant to the Customs Modernization and Tariff Act of the Philippines and its implementing rules and regulations.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Philippines

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to ALIN Group of Companies, Inc., 2nd/F Tipolo Square Building, Lopez Jaena St., Tipolo Mandaue City, Cebu Philippines.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to ALIN Express Cargo, accessible from https://alin-group.com/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can contact us by email: [email protected]