The terms and conditions
stated herein (collectively, the "Agreement") constitute a legal agreement
between you and Delpick, Inc.,a California corporation (the
"Company"). In order to use the Service and the associated Software
you must agree to the terms and conditions that are set out below. By using or
receiving any services supplied to you by the Company (collectively, the
"Service"), and downloading, installing or using any associated
software supplied by the Company which purpose is to enable you to use the
Service (collectively, the "Software"), you hereby expressly
acknowledge and agree to be bound by the terms and conditions of the Agreement,
and any future amendments and additions to this Agreement as published from
time to time at http://www.delpick.com/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this
Agreement or its policies relating to the Service or Software at any time,
effective upon posting of an updated version of this Agreement on the Service
or Software. You are responsible for regularly reviewing this Agreement. Continued
use of the Service or Software after any such changes shall constitute your
consent to such changes.
THE COMPANY DOES NOT PROVIDE LOGISTICS OR COURIER SERVICES, AND
THE COMPANY IS NOT A LOGISTICS CARRIER. IT IS UP TO THE THIRD PARTY COURIER OR
LOGISTICS PROVIDER, COURIER OR VEHICLE OPERATOR TO OFFER COURIER SERVICES WHICH
MAY BE SCHEDULED THROUGH USE OF THE SOFTWARE OR SERVICE. THE COMPANY OFFERS
INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY COURIER SERVICES, BUT DOES
NOT AND DOES NOT INTEND TO PROVIDE COURIER SERVICES OR ACT IN ANY WAY AS A
COURIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COURIER OTHER THAN
STATED HEREIN SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
Representations and
Warranties
By using the Software or
Service, you expressly represent and warrant that you are legally entitled to
enter this Agreement. If you reside in a jurisdiction that restricts the use of
the Service because of age, or restricts the ability to enter into agreements
such as this one due to age, you must abide by such age limits and you must not
use the Software and Service. Without limiting the foregoing, the Service and
Software is not available to children (persons under the age of 18). By using
the Software or Service, you represent and warrant that you are at least 18
years old. By using the Software or the Service, you represent and warrant that
you have the right, authority and capacity to enter into this Agreement and to
abide by the terms and conditions of this Agreement. Your participation in using
the Service and/or Software is for your sole, personal use. You may not
authorize others to use your user status, and you may not assign or otherwise
transfer your user account to any other person or entity. When using the
Software or Service you agree to comply with all applicable laws from your home
nation, the country, state and city in which you are present while using the
Software or Service.
You may only access the Service using authorized means. It is your
responsibility to check to ensure you download the correct Software for your
device. The Company is not liable if you do not have a compatible handset or if
you have downloaded the wrong version of the Software for your handset. The
Company reserves the right to terminate this Agreement should you be using the
Service or Software with an incompatible or unauthorized device.
By using the Software or the Service, you agree that:
·
You will only use the
Service or Software for lawful purposes; you will not use the Services for
sending or storing any unlawful material or for fraudulent purposes.
·
You will not use the
Service or Software to cause nuisance, annoyance or inconvenience.
·
You will not copy, or
distribute the Software or other content without written permission from the
Company.
·
You will provide us with
whatever proof of identity we may reasonably request.
·
You are aware that when
requesting courier services by SMS, standard messaging charges will apply.
·
You will keep secure and
confidential your account password or any identification we provide you which
allows access to the Service.
·
You will only use the
Software and Service for your own use and will not resell it to a third party.
·
You will not impair the
proper operation of the network.
·
You will report any
errors, bugs, unauthorized access methodologies or any breach of our
intellectual property rights that you uncover in your use of the Service.
·
You will not abuse our
promotional or credit code system by redeeming multiple coupons at once
Intellectual Property
Ownership
The Company alone (and its licensors, where applicable) shall
own all right, title and interest, including all related intellectual property
rights, in and to the Software and the Service and any suggestions, ideas,
enhancement requests, feedback, recommendations or other information provided
by you or any other party relating to the Software or the Service. This
Agreement is not a sale and does not convey to you any rights of ownership in
or related to the Software or the Service, or any intellectual property rights
owned by the Company. The Company name, the Company logo, and the product names
associated with the Software and Service are trademarks of the Company or third
parties, and no right or license is granted to use them.
Text
Messaging
By using the Services or
Software, you agree that the Company may send you text (SMS) messages. You will
not be able to use the Services or Software without text messages. You may
opt-out of receiving text (SMS) messages from Company at any time by
deactivating your account. Please send an email to support@delpick.com indicating that you no longer wish to receive such
messages, along with the phone number of the mobile device receiving the
messages, and we will deactivate your account. You may continue to receive text
messages for a short period while the Company de-activates your account, and
you may also receive text messages confirming the receipt of your de-activation
request.
User Account
You are the sole authorized User of any account you create with
the Software. You are responsible for maintaining the confidentiality of any
password or account number provided by you or the Company for accessing the
Software. You are solely and fully responsible for all activities that occur
under your password or account. The Company has no control over the use of any
User's account and expressly disclaims any liability derived there from. Should
you suspect that any unauthorized party may be using your password or account,
you will notify the Company immediately.
Payment Terms
Any fees which the
Company may charge you for the Software or Service, are due immediately and are
non-refundable. This no refund policy shall apply at all times regardless of
your decision to terminate your usage, our decision to terminate your usage,
disruption caused to our Software or Service either planned, accidental or
intentional, or any reason whatsoever. The Company reserves the right to
determine final prevailing pricing - Please note the pricing information
published on the website may not reflect the prevailing pricing. By using the
Service and associated Software, you are agreeing to pay the price for the
Service as presented by the Company.
The Company, at its sole discretion, may present promotional offers with
different features and different rates to any of our customers. These
promotional offers, unless made to you, shall have no bearing whatsoever on
your offer or contract. The Company may change the fees for our Service or
Software as we deem necessary for our business. We encourage you to check back
at our website periodically if you are interested in learning more about how we
charge for the Service of Software.
Third Party Interactions
During use of the
Software and Service, you may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of third party service
providers, advertisers or sponsors showing their goods and/or services through
the Software or Service. Any such activity, and any terms, conditions,
warranties or representations associated with such activity, is solely between
you and the applicable third-party. The Company and its licensors shall have no
liability, obligation or responsibility for any such correspondence, purchase,
transaction or promotion between you and any such third-party. The Company does
not endorse any sites on the Internet that are linked through the Service or
Software, and in no event shall the Company or its licensors be responsible for
any content, products, services or other materials on or available from such
sites or third party providers. The Company provides the Software and Service
to you pursuant to the terms and conditions of this Agreement. You recognize,
however, that certain third-party providers of goods and/or services may require
your agreement to additional or different terms and conditions prior to your
use of or access to such goods or services, and the Company disclaims any and
all responsibility or liability arising from such agreements between you and
the third party providers.
The Company may rely on third party advertising and marketing supplied through
the Software or Service and other mechanisms to subsidize the Software or
Service. By agreeing to these terms and conditions you agree to receive such
advertising and marketing. If you do not want to receive such advertising you
should notify us in writing. The Company reserves the right to charge you a
higher fee for the Service or Software should you choose not to receive these
advertising services. This higher fee, if applicable, will be posted on the
Company's website located at delpick.com. The Company may compile and release
information regarding you and your use of the Software or Service on an
anonymous basis as part of a customer profile or similar report or analysis.
You agree that it is your responsibility to take reasonable precautions in all
actions and interactions with any third party you interact with through the
Service.
Transactions Involving
Alcohol
You may have the option to order delivery of alcohol products in
some locations and from certain retailers. If you receive your delivery in the
United States, you agree that you are 21 year of age or older if you order
alcohol products. If you receive your delivery in another country, you agree
that you are of legal age to purchase alcohol products in the relevant
jurisdiction. You also agree that, upon delivery of alcohol products, the
recipient will provide valid government-issued identification proving their age
to the Person delivering the alcohol products and that the recipient will not
be intoxicated when receiving delivery of such products. If you order alcohol
products, you understand and acknowledge that neither Delpick nor the Delivery
Person can accept your order of alcohol products, and the order will only be
delivered if the retailer accepts your order.
Indemnification
You agree to defend, indemnify and hold harmless the Company and
its officers, directors, employees, agents and affiliates (each, an
"Indemnified Party"), from and against any losses, claims, actions,
costs, damages, penalties, fines and expenses, including without limitation
attorneys' fees and expenses, that may be incurred by an Indemnified Party
arising out of, relating to or resulting from your unauthorized use of the
Software or from any breach by you of these Terms and Conditions, including
without limitation any actual or alleged violation of any federal, state or
local statute, ordinance, administrative order, rule or regulation. The Company
shall provide notice to you promptly of any such claim, suit or proceeding and
shall have the right to control the defense of such action, at your expense, in
defending any such claim, suit or proceeding.
Disclaimer
USE OF THE SOFTWARE IS
ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY
BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE IS PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED
THROUGH THE SOFTWARE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE. THE
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR THE
SOFTWARE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT
THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY SHALL NOT BE RESPONSIBLE FOR THOSE
COSTS. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT,
SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. THE COMPANY AND ITS AFFILIATES AND
LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY
YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Internet Delays
THE COMPANY'S SERVICE AND SOFTWARE MAY BE SUBJECT TO
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND
ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS,
DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
IN NO EVENT SHALL THE
COMPANY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE
FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING
RISE TO SUCH CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE
LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY,
LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY
AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH
MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING
BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, ANY
RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND
ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF THE
COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY COURIER PROVIDERS AND FOOD
SERVICES FOR THE PURPOSES OF PROVIDING COURIER AND FOOD SERVICES. WE WILL NOT
ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY COURIER OR FOOD
SERVICES PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND
ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE
THIRD PARTY COURIER OR FOOD, PRODUCTS, SERVICES PROVIDERS AS WELL AS ANY
TRANSACTION. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES
BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY
ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE
SOFTWARE OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL
NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND
YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS,
CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE,
OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR
SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER
SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW
OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." THE QUALITY OF THE THIRD
PARTY COURIER, FOOD, PRODUCTS, SERVICES PROVIDERS AS WELL AS ANY TRANSACTION
SCHEDULED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ENTIRELY THE
RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH THIRD
PARTY COURIE, FOOD, PRODUCTS, SERVICES PROVIDERS AS WELL AS ANY TRANSACTION
FOOD YOU.YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE SERVICE,
YOU MAY BE EXPOSED TO COURIER, FOOD, OR FOOD, PRODUCTS, SERVICES PROVIDERS AS
WELL AS ANY TRANSACTION, THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO
MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND
THE SERVICE AT YOUR OWN RISK.
Dispute Resolution
The parties shall first
attempt to resolve any dispute related to this Agreement in an amicable manner
by mediation with a mutually acceptable mediator. If unable to agree upon an
acceptable mediator, either party may ask a mutually agreed upon mediation
service to appoint a neutral mediator, and the mediation shall be conducted
under the Commercial Mediation Rules of the mutually acceptable mediation
service. Any disputes remaining unresolved after mediation shall be settled by
binding arbitration conducted in Los Angeles, California utilizing a mutually
agreed arbitrator or arbitration service. The arbitration shall be conducted
under the Commercial Arbitration Rules of the mutually agreed arbitrator or
arbitration service. Both parties shall be entitled in any arbitration to
conduct reasonable discovery, including document production and a reasonable
number of depositions not to exceed five per party. The prevailing party shall
be entitled to recover its costs and reasonable attorney's fees, as determined
by the arbitrator. The arbitrator shall be required to follow the law.
You and we agree that any claim, action or proceeding arising out of or related
to the Agreement must be brought in your individual capacity, and not as a
plaintiff or class member in any purported class, collective, or representative
proceeding. The arbitrator may not consolidate more than one person's claims,
and may not otherwise preside over any form of a representative, collective, or
class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Delpick, INC, ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Termination
At its sole discretion, the Company may modify or discontinue
the Software, or may modify, suspend or terminate your access to the Software
or the Service, for any reason, with or without notice to you and without
liability to you or any third party. In addition to suspending or terminating
your access to the Software or the Service, The Company reserves the right to
take appropriate legal action, including without limitation pursuing civil,
criminal or injunctive redress. Even after your right to use the Software is
terminated, this Agreement will remain enforceable against you. You may
terminate this Agreement at any time by ceasing all use of the Software. All
provisions which by their nature should survive to give effect to those
provisions shall survive the termination of this Agreement.
General
No joint venture, partnership, employment, or agency relationship
exists between you, the Company or any third party provider as a result of this
Agreement or use of the Service or Software. This Agreement is governed by the
laws of the State of California, without regards to its conflict of laws
principles. If any provision of this Agreement is found to be invalid in any
court having competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. Any offer for any product, feature, service or
software made on this Website is void where prohibited.
Terms
and conditions
Relationship
between the Driver and the Company
If you are a Driver you
are an independent contractor and you are not an employee, owner, joint
venturer, partner or agent of the Company and that there is no employment
agreement between you and the Company. In addition, if you are a Driver, you
further understand and agree that you have no authority to bind the Company and
you will not make any representations to any party that you have any authority
to bind the Company, as an employee, partner or otherwise.
Contact Information
Delpick, Inc
40 North Altadena Drive #213
Pasadena CA 91107
Tel: 866-delpick (3357425)
Email: support@delpick.com