Privacy Policy

Compilation and use of your personal data relating to the Services is set out in the Privacy Policy section of the Website at https://delivermett.com/privacy-policy/. The Company respects your privacy and is committed to protecting your personal data in accordance with applicable data protection laws.

1. DISCLAIMER:

• The Services are provided “as is” and “as available.” Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• In addition, Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the Services, including the Transport Services or that the services will be uninterrupted or error-free.
• While Company uses best commercial efforts to negotiate with Third Party Providers that the latter should comply with all applicable laws in its operations and uphold high standards of quality service, Company does not guarantee the quality, suitability, safety or ability of Third-Party Providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith including the Transport Services, remains solely with you, to the maximum extent permitted under applicable law.

2. LIMITATION OF LIABILITY:

• Company shall not, in any circumstances, to the fullest extent permitted by law, be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services.
• Company shall not, in any circumstances, to the fullest extent permitted by law, be liable for any damages, liability or losses arising out of:

• your use of or reliance on the Services
• your inability to access or use the Services; or
• any transaction or relationship between you and any Third-Party Provider, even if Company has been advised of the possibility of such damages.

• Company shall not be liable for delay or failure in performance resulting from causes beyond Company’s reasonable control.
• You acknowledge that Third-Party Providers providing Transport Services requested through some request products may offer ridesharing or peer-to-peer transportation services and may not be professionally licensed or permitted.
• The Services may be used by you to request and schedule Transport Services, but you agree that Company has no responsibility or liability to you related Transport Services to you by Third Party Providers other than as expressly set forth in these terms.
• Limitations and disclaimer do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law but sets out that Company’s liabilities under the Terms shall be strictly limited and restricted to the extent permitted by law.

• your breach or violation of any of these Terms;
• Company’s use of your User Data; or
• your violation of the rights of any third party, including Third-Party Providers.

Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent
by email or telephone). You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post to our registered address.

3. INDEMNITY

You agree to indemnify and hold Company and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

• your use of the Services or services or goods obtained through your use of the Services;
• your breach or violation of any of these Terms;
• Company’s use of your User Content; or
• your violation of the rights of any third party, including Third Party Providers.

4.   ARBITRATION

All disputes you raise with Company (including but not limited to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services) shall be resolved on an individual basis through arbitration, governed by the Arbitration Act Ch:5:01 of the Territory and such decision of arbitration shall be binding and final.

• You shall resolve any claim against Company on an individual basis and shall not take part (therefore waiving all rights to trial by the Courts) in any current or future class, consolidated or representative action against Company.
• You and Company retain the right to bring an individual action in the Petty Civil Court and the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
• You and Company shall mutually agree to one arbitrator from the Dispute Resolution Centre to hear and determine the dispute. If the parties cannot agree on the arbitrator within one week of delivery of the written demand for arbitration by a party, the Dispute Resolution Centre shall appoint one.
• The parties may mutually select a venue (for cost savings purposes) subject to agreement by the selected arbitrator. The arbitrator shall direct on the extent for a reasonable exchange of evidence and arguments and information between the parties (which need not strictly follow Civil Practice Rules) in advance of a hearing.
• The Arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. The Arbitrator will determine the extent to which the parties recover legal fees and costs.
• Company may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third-Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict

 

Miscellaneous:

• Assignment: You may not assign the Terms or your rights or obligations under the Terms to any other party unless Company’s prior written approval is obtained. The company may assign these Terms without your consent to any third party. Any purported assignment in violation of this section shall be void.
• Partnership: No joint venture, partnership, employment, or agency relationship exists between you, Company or any Third Party Providers as a result of this Agreement or use of the Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis and to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
• Waiver: Company’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.

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