TERMS & CONDITIONS (DELIVERME TT LTD.):
Effective: 21 June 2019
Last Updated: 1 July 2019
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and Company. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
The Services from time to time may be amended or supplemented including temporary promotions, that shall be posted on the Website. These supplemental terms shall prevail over the Terms in the event of a conflict to determine the accurate Services to be provided, during the period in which the supplemental terms are in effect. Your continued access and use of the Services after posting such amended/supplemental terms shall be your confirmation that you agree to
be bound by the amended Terms.
The Services constitute a technology platform that enables users of Company’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third-party providers of such services, including independent third-party transportation providers and independent third-party logistics providers under agreement with Company or certain of the Company’s affiliates (“Third-Party Providers”).
Unless otherwise agreed by Company in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT COMPANY DOES NOT PROVIDE RANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY COMPANY OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-sublicensable,, revocable, non transferrable license to:
(i) access and use the Applications on your personal device solely in connection with your use of the Services; and,
(ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
You may not:
(i) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Company;
(iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
(iv) link to, mirror or frame any portion of the Services;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or,
(vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
7.Provision of the Services:
You acknowledge that portions of the Services may be made available under the Company’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred Deliver Me TT. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
(i) certain of the Company’s subsidiaries and affiliates; or
(ii) independent Third Party-Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
8.Third-Party Services and Content:
responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
The Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
(i) in or related to the Services except for the limited license granted above; or,
(ii) to use or reference in any manner Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
10.Your Use of the Services
(a) User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit, debit or prepaid card, accepted payment partner or cash in the cities where this payment method is available). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.
(b) User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Company at any time by following the directions found at https://www.delivermett.com/privacy.html. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
(d) Promotional Codes.
Company may, in Company’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Company;
(iii) may be disabled by Company at any time for any reason without liability to Company;
(iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code;
(v) are not valid for cash; and
(vi) may expire prior to your use Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
(e) User Provided Content.
Company may, in Company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative
works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that:
(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above; and
(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous ,hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you.
(f) Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third-Party Provider including charges due to peak demand, applicable tolls, surcharges, parking and similar charges (“Charges ”). After you have received services or goods obtained through your use of the Service, Company will facilitate your payment of the applicable
Charges on behalf of the Third-Party Provider as such Third-Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider. Charges will be inclusive of applicable taxes where required by law.
Charges paid by you are final and non-refundable, unless otherwise determined by Company. You retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods. Company will respond accordingly to any request from a Third-Party Provider to modify the Charges for a particular service or good. Other Charges may include other fees, tolls and/or applicable surcharges, including fees by request, municipal, local, federal/national fees or expenses, late delivery fees, airport surcharges or fees due to payable fractioned
duties, among others that may be applicable from time to time. All Charges are due immediately and payment will be facilitated by Company using the preferred payment method designated in your Account, after which Company will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged,
you agree that Company may, as the Third-Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Company, Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Company’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third-Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third-Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Company does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by Company (on Company’s website, in the Application, or in Company’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Company provides any additional amounts, beyond those described above, to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider.
12.Repair, Cleaning or Lost and Found Fees:
You shall be liable for the cost of repair for damage to, or necessary cleaning of, vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damage and necessary cleaning (“Repair or Cleaning”).
Where Company in its sole discretion verifies that a request for Repair or Cleaning is warranted, Company reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using the payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Company to the Third-Party provider, if applicable, and are non-refundable.
The amounts related to repair, cleaning or lost & found fees applicable in each case may be found at www.delivermett.com/terms.html and may be updated from time to time solely by Company.
13.Disclaimers; Limitation of Liability; Indemnity:
○ 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.
14.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.
○ You agree to indemnify and hold Company and its affiliates and their officers, directors, employees, servants and agents and contractors namely Third-Party Contractors harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:
(i) your use of the Services or services.
or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) Company’s use of your User Data; or
(iv) your violation of the rights of any third party, including Third-Party
○ 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.
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:
(i) your use of the Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) Company’s use of your User Content; or
(iv) your violation of the rights of any third party, including Third Party Providers.
○ 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.
17.Intellectual Property and Ownership.:
The Services and all rights therein are and shall remain Company’s or its licensor’s property. The Terms and your use of the Services confer no rights to you except as set out in the aforementioned limited licence. You may not:
○ remove any copyright, trademark or other proprietary notices from any portion of the Services;
○ reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services unless as expressly consented to by Company;
○ decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law
○ link to, mirror or frame any portion of the Services;
○ cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
○ attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
18.Claims of Copyright Infringement:
Claims of Copyright Infringement should be sent to the contact person and address set out in [email protected]
Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give.