Terms & Conditions
The following contains the general terms and conditions of service under which XEND BUSINESS SOLUTIONS, INC.(“XEND™”) engages in the transportation of shipments itself and jointly through interchange with its affiliates via the services described below.
The XEND™ Terms and Conditions of Service (“Terms”) are subject to change without prior notice. The Terms are published periodically in printed form in the XEND™ Rate and Service Guide (“Service Guide”) and electronically on the XEND™ website (XEND.com.ph). The most current and controlling version of the Terms is published at www.XEND.com.ph. In tendering a shipment for service, the shipper agrees that the version of the Terms and the applicable Service Guide in effect at the time of shipping will apply to the shipment and its transportation.
- Business day means Monday through Saturday except Sunday and holidays.
- Charges means all applicable transportation and other charges including, but not limited to, all applicable taxes, accessorial charges, service fees, surcharges, additional handling charges, and late payment fees.
- Collect on Delivery (C.O.D.) means any shipment tendered for pursuant to a prior written agreement or arrangement between XEND™ and a specific shipper.
- Delivery shall be deemed to include, but not be limited to: delivery to the consignee or the consignee’s actual or apparent agent or representative, or pursuant to consignee’s instructions, delivery to the address or location specified in the XEND™ Tracker, delivery to any person present at the address or location specified in the XEND™ Tracker, delivery to a reasonable alternate address or location, delivery pursuant to XEND™’s driver release procedures, delivery pursuant to XEND™’s Shipper Release procedures, or delivery otherwise permitted under the Terms.
- International Shipments refer to parcels originating from the Philippines for delivery to a foreign destination (or any delivery using the EMS, EXPRESS and INTERNATIONAL POSTAL REGISTERED MAIL).
- Local Shipments refer to parcels originating from and with a delivery address in the Philippines.
- myXEND™ is XEND’s proprietary online shipping management system, where you can book a pick up online and print your own waybills.
- Package or Parcel means any container and its contents, as well as any article that maybe handled without packaging if the handling thereof can be accomplished in a reasonably safe and practicable manner.
- Perishable Commodity refers to a perishable commodity or a commodity requiring protection from temperature variations, including, but not limited to, live animals, foods, dry ice, flowers, and biological materials.
- Receiver or Consignee refers to the party to whom the shipment is being sent.
- Residential refers to a location that is a home, including a business operating out of a home.
- Shipper refers to the party contracting with XEND™ for services.
- Shipment means one or more items, shipped under a single Waybill to one receiver.
- Third-Party Retailers means locations of XEND™ Authorized Outlet locations.
- Waybills refer to XEND™ Electronic Printed or Online Waybills, or XEND™ Manual Waybills, which indicate the complete shipping information of parcels to be delivered.
- XEND™ Chargeable Weight is either the Actual weight or the Volume weight, whichever is higher. To compute for the volume weight, use the following formula: Length (in cm) x Width (in cm) x Height (in cm)/3500. (Example: 12cm x 12cm x 10 cm/3500 = 0.42 kg). When computing for volume weight, always round up – in this example the effective Chargeable Weight is .50 kilograms.
- XEND™ Electronic Printed or Online Waybill means a shipping document generated online through the shipper’s myXEND™ account and printed by the shipper for the purpose of tendering a shipment to XEND™ for transportation.
- XEND™ Manual Waybill means a shipping document provided by XEND™ that is filled out manually by the shipper for the purpose of tendering a shipment to XEND™ for transportation.
- XEND™ Large “L” UNLIPAK Pouch refers to unlimited weight large 9” x 14” biodegradable plastic self-seal pouch. When using the “L” UNLIPAK unlimited weight pouch, there is no weight limit as long as it fits the pouch. Supplies are available to all our clients free of charge upon request.
- XEND™ Extra Large “XL” UNLIPAK Pouch refers to unlimited weight large 12” x 18” biodegradable plastic self-seal pouch. When using the “XL” UNLIPAK unlimited weight pouch, there is no weight limit as long as it fits the pouch. Supplies are available to all our clients free of charge upon request.
- OWN PACKAGING refers to parcels placed inside any box, pouch receptacle or original packaging aside from the XEND™ Large “L” UNLIPAK Pouches and XEND™ Extra Large “XL” UNLIPAK Pouches.
- XEND™ Rates refers collectively to Published Rates, Retail Rates, Unlimited Weight Rates for shipments established by XEND™ for the services elected by the shipper that apply to the shipper and the package, that are in effect at the time of shipping, plus any additional charges or rates for non-standard or additional services and any other additional charges referenced within the Terms of Service or those applicable additional rates set out in any customized contracts.
- XEND™ TRACKER is XEND™’s proprietary online tool to stay informed of the package or shipment's journey from beginning to end. The tracker keeps the shipper or consignee informed of the current status, unexpected delays, and ultimately the delivery of the shipment.
- TERMS USED
XEND™ Local and International Rates are available from the XEND™ website (www.xend.com.ph). XEND™ reserves the right to change its rates and charges without prior notice. Any additional charges will be for the account of the shipper, unless covered by a written agreement to the contrary.
All duties and taxes for shipments crossing international borders must be declared through customs in the destination country before being delivered to the consignee.
COMMODITIES HANDLED AND RESTRICTIONS ON SERVICE
XEND™ holds itself out to transport general commodities, as usually defined, subject to the following restrictions:
- Items not Accepted for Transportation
XEND™ does not accept for transportation any of the prohibited articles listed below. Prohibited articles should not be enclosed for shipping.
XEND™ reserves the right to open parcels and inspect parcels which are suspected to contain any prohibited items.
XEND™ reserves the right, but is not required, to return to the shipper any shipment containing a prohibited article. Such return will be made solely at the shipper’s risk and expense.
Articles that shall be deemed covered include, but are not limited to:
- Firearms or components thereof, and/or ammunition
- Coins, cash, currency, bonds, postage stamps, money orders, and negotiable instruments (such as drafts, bills of exchange, or promissory notes, but excluding crossed checks made payable for the account of a specific payee);
- Unset precious stones, and industrial diamonds;
- Any article that contains more than 50 percent by weight of gold or platinum, or any combination thereof in raw form including, but not limited to, bullion, bars, or scraps of these metals.
- Hazardous waste, defined as a solid waste that meets any of the criteria of the hazardous waste;
- Explosives, munitions, fireworks and flares;
- Gases (flammable, non-flammable, deeply refrigerated and poisonous) such as camping gas and aerosols;
- Flammable liquids, such as lighter fuels, lighter refills, paints, and thinner.
- Flammable solids and articles which are easily ignited; substances liable to spontaneous combustion; substances which in contact with water emit flammable gases;
- Poisonous (toxic) and infectious substances such as bacteria, virus cultures;
- Radioactive materials (such as smoke detector, radioactive pharmaceuticals, etc);
- Corrosive (such as mercury which may be contained in thermometers, acids, alkalis and wet-cell batteries);
- Disabling devices (such as mace, pepper spray etc. Containing an irritant or incapacitating substance);
- Magnetized materials and miscellaneous dangerous goods as listed in the IATA Dangerous Goods regulations.
- Live animals
- Cigarettes and tobacco
- Human remains, fetal remains, human body parts, or components thereof
- Restricted items that are prohibited in the country of origin or destination.
- Prescription, regulated and illicit drugs
- Maximum Shipment Values
XEND™ shall not accept for service packages with values as set forth below:
- Any package with an actual value of more than PhP 10,000.00 without prior notice.
- International shipments with a value of more than US$ 100.00 without prior notice.
- Packages with a C.O.D. amount in excess of PhP 25,000.00.
- Prohibited by Law
No service shall be rendered by XEND™ in the transportation of any shipment that is prohibited by applicable law or regulation of any national, provincial, or local government in the origin or destination country for international shipments. By signing the waybill and tendering a shipment through XEND™, or through any XEND™ Shipping System entry, the shipper attests that the item to be shipped does not violate any national, state, provincial, or local laws or regulations applicable to the shipment. XEND™ does not represent that its acceptance of the item is a guarantee that the shipment of the item does not violate any law. It is the obligation of the shipper to ensure that the item to be shipped does not violate any law and holds XEND™ free and harmless from any liability to the shipper and to third persons for such shipment. Any amount paid for an item that is deemed prohibited at the country or area where it is attempted to be delivered shall not be refunded.
UNLIWEIGHT pouches are subject to fair use. For the security and safety of our clients’ shipments, Xend reserves the right to refuse acceptance of parcels that show visible abuse and misuse due to overstuffing causing undue stress on the pouches which may result in but not limited to tears, leaks, damage and loss of the contents. We also reserve the right to refuse acceptance of parcels if deemed that misuse and abuse of UNLIWEIGHT pouches may result in putting other clients’ parcels at risk.
- Items not Accepted for Transportation
LIMITATION OF LIABILITY
The MAXIMUM LIABILITY for loss, delay, shortage, mis-delivery, misinformation, or failure to provide information in connection with your shipment is limited to PhP 100 per shipment for UNDECLARED value. If you declare a higher value, an Insurance surcharge of 1% of the DV upto a maximum of PhP 10,000 will apply. Maximum liability will be the lesser of your DV or your actual damages up to a maximum of PhP 10,000.
Liability and Insurance for Domestic Shipments
- Metro Manila and Provincial Shipments: Maximum liability is PhP 10,000.00. Insurance for shipments with a value greater than PhP 10,000.00 may be arranged on a case-to-case basis.
- In order to be covered by the insurance, a declared value amount for each shipment MUST be indicated on the declared value section of the electronic or manual waybill.
- For Metro Manila and Provincial Shipments: Maximum declared value is Php 10,000.00. For shipments with value greater than PhP 10,000.00, shipper is required to notify XEND™ of the item value. Contact our hotline at 617-9572 or 617-9619™.
- Option to purchase additional insurance is available at 1% of the declared value.
Liability and Insurance for International Shipments
- International Express Shipments: Maximum liability is USD 100.00. Please email info@XEND™.com.ph for insurance rate information.
- International EMS Shipments: Maximum declared value is up to PhP 5,000.00. Please email info@XEND™.com.ph for insurance rate information.
- International Postal Registered Mail: Insurance not available.
Validity of Transactions
- All transactions should have a booking reference number created online through myXEND™ booking system or through XEND™’s Customer Service hotline. A delivery transaction made directly with a courier shall be honored only if there is a booking reference number, a waybill, and official receipt as proof of payment. If the delivery is otherwise made by the courier, the shipper shall nonetheless be liable for any additional expenses for such delivery, which the courier may not have properly billed.
- In the absence of a booking reference number or if pickup schedule is not made online through myXEND™ booking system or through our Customer Service hotline, XEND™ shall not be held liable for any loss, damage, delay, or non-delivery of the shipment.
XEND™ shall not be held liable for any loss, damage, delay, non-delivery of the shipment due to acts of God or force majeure, including but not limited to strike, war, rebellion, civil unrest, natural disasters or calamities, bad weather conditions, act of public enemies, fault of shipper and government agencies with actual or apparent authorities, nature of the shipment or other characteristics, defect or inherent vise thereof, or items not specifically listed on the packaging list.
Filing of Claims
- Claims for insurance must be filed with XEND™ no later than 14 calendar days from the date of Shipment.
- All claims for insurance will be subject to investigation, which can take up to two (2) weeks from the date of claim.
- XEND™ reserves the right to reject or approve any claims for insurance based on the results of the investigation conducted.
Other Limitations and Conditions
- XEND™ shall not be held liable for any damage during transit for reasons other than gross negligence in the handling of the parcel. It shall be conclusively presumed that the item is in good order when it is delivered should the package not be opened in the presence of the courier and the damage reported immediately to the courier.
- Shipper agrees that in the absence of the consignee at the given address, shipment may be given to any person of legal age who resides at the same address.
- Shipper guarantees that electronic or mechanical items for shipment are in good working condition upon pickup.
- Any litigation arising out of the transaction shall be filed exclusively in the proper courts of Mandaluyong City regardless of the place where the item was picked up or delivered.
- Liability and Insurance for Domestic Shipments
PROPER PACKAGING TO PREVENT DAMAGE DURING SHIPMENT
- Shipper is responsible for properly packaging the parcel to withstand normal storage and impact of handling during shipment.
- XEND™ may refuse to accept parcels which are not properly packed for shipping. Items found as NOT properly packed parcels may be returned to the shipper for proper packing.
- Fees and charges for parcels returned to the shipper due to improper packaging are non-refundable.
- Liability for Damage on Items: Shipper acknowledges and accepts all risk of damage to shipments during transit. It is the responsibility of the shipper to properly package the shipment to withstand normal handling during transit.
DELIVERY AND TRANSIT TIMES
XEND™ will make reasonable efforts to handle, transport and deliver packages to their destination within the prescribed delivery transit times. XEND™ is not obligated to advise the shipper that transit times may not be met due to operational constraints.
Transit times from day of pickup:
- Metro Manila destinations: One (1) business day
- Provincial destinations: Two (2) to five (5) business days
- Express: One (1) to three (3) business days from release from Customs of destination country
- EMS: Three (3) to seven (7) business days from release from Customs of destination country
- Registered: Ten (10) to fifteen (15) business days from release from Customs of destination country
XEND™ shall not be liable for delays caused by:
- Shipper’s failure to provide accurate delivery address information
- Consignee’s refusal to accept shipment
- Customer refuses to pay the full amount indicated on the waybill for C.O.D. shipments
- Customs clearance procedures or those other regulatory agencies including delays caused by incorrect, incomplete, inaccurate or missing custom documentation, or by adherence to our policies regarding payment duties and taxes.
Where Xend is unable for any reason to deliver a Shipment to the Recipient including but not limited to (i) the Recipients address being incomplete, illegible, incorrect or cannot be located; (ii) the Recipients place of business being closed; (iii) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Shipment; (iv) the Shipment would likely cause damage or delay to other shipments, property or injury to persons; (v) the Shipment was improperly packaged; or if after 5 (five) Working Days from receipt of a Shipment which is held at the Xend warehouse ‘to await order or disposition’ or upon any similar instructions and such instructions are not given or such Shipment is not called for the Xend in addition to its other rights may either:
return the Shipment to the Shipper and the Shipper will pay a charge to t at the same rate charged for the original delivery attempt unless a different rate has been agreed between the Shipper and Xend in advance of the Carrier returning the Shipment to the Shipper; or
if the Shipment is not claimed in accordance with Condition 6.1.1, if the Shipper fails to provide disposition instructions and/or claim the Shipment within six (6) months from date of shipment, Xend reserves the right to dispose of the Shipment and Xend shall be discharged from all liability in respect of such Shipment, its carriage and storage (without prejudice to any claim or right which the Shipper may have against Xend otherwise arising under these Conditions).
The Shipper will be liable for any and all costs, charges and fees incurred in returning, storing or disposing of (i) any undelivered or uncollected Shipment, or (ii) any Shipment which is sent in violation of these Conditions.
Chargeable Weight Discrepancies:
Our Operations personnel at Xend warehouse will determine Chargeable Weight and corresponding final cost of shipment. Any price adjustments arising from Chargeable Weight discrepancies shall be charged to the shipper.
All customer service-related concerns must be communicated using the prescribed method of communication found on the XEND™ website (https://xendsupport.zendesk.com/home)
myXEND™ SHIPPING TOOLS / API
In consideration of the use of my XEND™ Shipping Tools/API Service, the user represents that he/she is of legal age to enter into a binding contract. User also agrees to: provide true, accurate, current and complete information; maintain and promptly update the information to keep it true, accurate, current and complete. XEND™ reserves the right to suspend or terminate the user’s account and refuse any and all current or future use of the Service for any false information provided.
User will receive a password and account designation upon approval. User is fully responsible for maintaining the confidentiality of the account, password, and activities that occur via the user account. Any unauthorized use of the account, password, or any other breach of security must be reported immediately.
User agrees to receive regular messages and/or newsletters regarding system information, announcements and promotions through email from XEND™ and XEND™ affiliates. The email address provided will be automatically subscribed to XEND™ updates. User may opt to unsubscribe from receiving updates.
Xend (“The Company”) has a strict policy prohibiting all employees at every level from accessing clients’ data without express written permission. The Company expressly prohibits sharing and exposing client and company data without express written permission.
All employees have signed a Non Disclosure Agreement and are bound by the terms and conditions of the Agreement. Access to client and company accounts and data are being closely monitored and audited by data security specialists on an ongoing basis. Any violations of the policy will result in disciplinary action, including the possibility of termination and legal action.
The Company’s business depends on the trust of the clients’ that use the Company’s technology and platform. The trip history of our couriers is confidential information, and the Company protects this data from internal and external unauthorized access.
WHY DO WE COLLECT YOUR PERSONAL DATA?
To enable us to comply with our corporate policies in relation to data subjects as well as with the requirements under the Data Privacy Act, it is important that we collect, use, store and retain your personal data only as is reasonable and necessary for a declared and specific purpose stated in the pertinent consent forms.
In general, we are using your data for any of the following purposes:
- To evaluate and/or fulfill your transaction with us;
- To comply with Xend’s obligations under law and as required by government organizations and/or agencies such as, but not limited to, the following: NPC, BSP, BIR, HDMF or Pag-IBIG, PhilHealth, SSS and so on;
- To comply with legal and regulatory requirements or obligations; and,
- To perform such other processing or disclosure that may be required under law or regulations.
Other uses by nature of our transactions: In addition, from the general uses mentioned above, we may use your personal information depending on your transactions with us in any of the following means:
- To consider and evaluate your suitability for employment and, with your permission, inform and consider you for future job opportunities that may be of interest to you;
- To communicate with you about your employment application;
- When hired, to process your data necessary for your employment such as, but not limited to, payroll, benefits application, allowances and refunds processing, tax processing, retirement benefits, and other purposes that demand processing of your personal data (e.g., business travels, anniversaries, social activities, emergencies, and so on);
- When hired, for your performance evaluation and career development including seminars, trainings, workshops, and compliance monitoring,
- When hired, for employee engagement programs to improve employee experience or satisfaction;
- When hired, to process your data necessary to execute business transactions such as preparation and/or approval of business documents and any other functions that are directly related and/or incidental to your job and that will demand processing of your personal data; and,
- Upon separation, to process your data for the exit interview and preparation of final pay.
An application to join the Xend Team
- For you to schedule a pick-up for delivery and for us to identify and contact you, verify and confirm your request;
- To be able to deliver the shipment to the consignee;
- For you to provide reviews in our products/services;
- To generate statistical insights;
- To conduct research and analysis (through surveys or polls) in order to improve customer experience/satisfaction;
- To respond to specific complaints, inquiries, requests or to provide requested information;
- To provide customer care activities, monitor our quality and security, and provide services timely and efficiently; and,
- To notify and update you (through call, text or email) about our complimentary, commercial and promotional advertisements, loyalty and rewards offers, exclusive invites, discounts, surveys, and other direct marketing that we deemed relevant and beneficial to you based on your preference and interest initially provided to us or made aware of, with which you can opt-out anytime should you prefer not to receive these notifications.
- To provide you alternative service options through our accredited/affiliated third parties or contracted independent/non-affiliated third parties.
When using our services
- To contact you when we require your services;
- To carry out due diligence or screening activities (e.g., background investigation) in accordance with legal, regulatory obligations or company policy;
- To contact you when we have concerns regarding the goods or services received;
- To track and measure performance or quality of goods and services received;
- To sustain and strengthen our relationship by having good communication
- To process our payment for the goods/services received; and
- To comply with legal and regulatory obligations.
As a vendor, a potential vendor, contractor, or third-party partner
- To evaluate and/or fulfill your transaction with us;
WHAT TYPE OF PERSONAL DATA DO WE COLLECT?
We collect information to provide you with details and information regarding our product, services, and promotions. We process information also to respond to your enquiries or manage future interactive user function. The common type of data collected by Xend from you, generally includes the following:
- Personal information such as full name, home addresses/billing address/shipping address, e-mail address, employment information, telephone, other personal contact numbers;
- Sensitive personal information such as date of birth and gender;
You are responsible for ensuring that all data, whether personal information, sensitive personal information or privileged information, you submit to Xend is accurate, complete and up-to-date.
HOW WE COLLECT, ACQUIRE OR GENERATE YOUR DATA?
We collect data when you:
- Fill-out our forms (e.g., signup form, feedback form, contact form, partnership agreement, airway bill, etc.);
- Disclose your personal information through chat facility, phone calls, emails, SMSs or verbal communication with our authorized representatives; and,
- Through third-party websites and social media services (e.g.,JobStreet, Facebook, Twitter, LinkedIn);
- Sign up for our other digital-enabled services like apps, on-site POS and other digital interfaces that require a digital sign-up process.
DO OUR DIGITAL PROPERTIES USE ANALYTICS?
Our website, xend.com.ph, and our digital properties, including, but not limited to our mobile app, engage third-party service providers and app developers to analyze traffic data for us. xend.com.ph uses web beacons while our mobile app uses Google Firebase and Facebook Analytics.
Cookies are small files that our website puts on your personal computer (PC) to store information about your preferences. Cookies can improve your browsing experience by allowing our website to remember your preferences or letting you avoid signing in each time you visit our website. If you don't want our website to store cookies on your PC, you can block cookies. But blocking cookies might prevent some pages from displaying correctly, or you might get a message from our website letting you know that you need to allow cookies to view our website.
For you to fully enjoy your visit and browsing experience, only non-identifiable web traffic data are collected and analyzed, including:
- Your internet protocol (IP) address;
- The search terms you used;
- The pages and internal links accessed on our site;
- The date and time you visited the site, including frequency of visits;
- Your operating system; and
- Web browser type
Use the privacy options in your web browser if you do not wish to receive (a) cookie(s) or you wish to set your browser to notify you when you receive (a) cookie(s). Click on the "Help" section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features of this website.
WHO IS YOUR PERSONAL DATA SHARED WITH?
As a general rule, we do not share your data to third party except in limited circumstances as listed below. By giving your consent, you authorize Xend to disclose your personal data to accredited/affiliated third parties or independent/non-affiliated third parties, whether local or foreign in any of the following circumstances:
- The use or disclosure is reasonably necessary, required or authorized by or under law (such as for criminal investigation, as requested by court of law).
This means we might provide your personal data to the following:
- Our affiliates, subsidiaries, partner companies, organizations, or agencies including their sub-contractors or prospective business partners that act as our service providers and contractors;
- Law enforcement and government agencies;
Xend is very sensitive to privacy issues and it is especially careful in its communications with children.
Personal data pertaining to children and collected from their parents or guardians is used by Xend or other entities that provide technical fulfillment or other services to Xend (for example, services intended to improve our services/web sites, and fulfilling requests or administering promotions). These personal data are not sold.
Meanwhile, we urge parents or guardians to regularly monitor and supervise their children's on-line activities.
HOW WE PROTECT YOUR PERSONAL DATA?
- We keep and protect your personal data using a secured server behind a firewall, deploying encryption on computing devices and physical security controls.
- We restrict access to your personal data only to qualified and authorized personnel who hold your personal data with strict confidentiality.
- Any personal data that you provide on the website is initially processed and stored by Xend. Using a secured connection, only authorized Xend personnel can then access and download your personal data from the system.
WHERE AND HOW LONG DO WE KEEP YOUR PERSONAL DATA?
All data are preserved in accordance with the retention policy of the Company and/or as required by a specific law or regulation.
Personal data are stored in our facilities located in the Philippines and Singapore and are retained in accordance with the above parameters, industry standards, laws and regulations, unless you request that your personal data be deleted from our systems, databases and hardcopies immediately. Once deleted, your personal data will no longer be searchable or included in anonymous searches and will be completely removed from all the storage location.
The Data Protection Officer may, however, choose not to grant access or correct information based on the request following laws and regulations. He/she will give the individual a written notice that sets out the reason for the refusal.
HOW YOU CAN ACCESS, CORRECT AND UPDATE THE PERSONAL DATA WE HAVE ABOUT YOU?
For any updates to your current personal data you may make changes by logging in to the website and visiting the “Acccount” page under settings.
Data Protection Officer
Xend Business Solutions Inc.
340 Dr. Jose Fernandez Street, Mauway
1552 Mandaluyong City, Philippines
Office: +632 617 9572 / +632 617 9607
You may also lodge a complaint before the National Privacy Commission (NPC). For further details, please refer to NPC’s website: https://privacy.gov.ph/mechanics-for-complaints/.
Any action to a request for correction, erasure and/or objection to process your personal data as it appears in our records is subject to applicable laws and/or the DPA, its IRR and other issuances of NPC.
AGREEMENT TO TERMS
By signing the waybill and tendering shipment to XEND™ for transportation, the shipper or an agent for or on behalf of the shipper agrees to all terms and conditions of the Terms of Service. The waybill shall be binding when the shipment is accepted.